In the Matter of Schlumberger Technology Corporation, Sugar Land, TX; Confirmatory Order Modifying License; Effective Immediately, 9833-9836 [E9-4761]
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4. Who is required or asked to report:
Holders of and applicants for facility
(i.e., nuclear power, research and test
reactor) operating licenses and
individual operators’ licenses.
5. The number of annual respondents:
243.
6. The number of hours needed
annually to complete the requirement or
request: 92,008.
7. Abstract: 10 CFR part 55,
‘‘Operators’ Licenses,’’ of the NRC’s
regulations, specifies information and
data to be provided by applicants and
facility licenses so that the NRC may
make determinations concerning the
licensing and requalification of
operators for nuclear reactors, as
necessary to promote public health and
safety. The reporting and recordkeeping
requirements contained in 10 CFR part
55 are mandatory for the licensees and
applicants affected.
Submit, by May 5, 2009, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice. Comments
submitted in writing or in electronic
form will be made available for public
inspection. Because your comments will
not be edited to remove any identifying
or contact information, the NRC
cautions you against including any
information in your submission that you
do not want to be publicly disclosed.
Comments submitted should reference
Docket No. NRC–2009–0041. You may
submit your comments by any of the
following methods. Electronic
comments: Go to https://
www.regulations.gov and search for
Docket No. NRC–2009–0041. Mail
comments to NRC Clearance Officer,
Gregory Trussell (T–5 F53), U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001. Questions
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about the information collection
requirements may be directed to the
NRC Clearance Officer, Gregory Trussell
(T–5 F53), U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, by telephone at 301–415–6874, or
by e-mail to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 24th day
of February, 2009.
For the Nuclear Regulatory Commission.
Gregory Trussell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E9–4762 Filed 3–5–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–32023; License No. 42–
27055–01; EA–08–261; NRC–2009–0101]
In the Matter of Schlumberger
Technology Corporation, Sugar Land,
TX; Confirmatory Order Modifying
License; Effective Immediately
I
Schlumberger Technology
Corporation (Schlumberger or Licensee)
is the holder of Materials License No.
42–27055–01 issued by the Nuclear
Regulatory Commission (NRC or
Commission) pursuant to 10 CFR Part
30 on November 29, 1989, last amended
on May 1, 2006, and due to expire on
December 31, 2015. The license
authorizes Schlumberger to possess and
use sealed sources for use in conducting
density measurements in accordance
with conditions specified therein. The
license authorizes use at specified field
stations located in the States of Alaska,
Virginia, West Virginia, and Wyoming.
The license also authorizes use at
temporary job sites of the licensee
anywhere in the United States where
the Commission maintains jurisdiction
for regulating the use of licensed
material.
II
In accordance with NRC protocols, on
October 4, 2007, Schlumberger timely
reported the loss of a fluid density gauge
containing licensed material from its
Rock Springs, Wyoming, facility. After
identifying and reporting the missing
gauge, Schlumberger took extensive
actions in an attempt to find the gauge
and conducted a thorough investigation
into the circumstances surrounding the
lost gauge. The gauge was not located.
Schlumberger timely filed its written
report pursuant to 10 CFR 20.2201 on
November 15, 2007.
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On January 29, 2008, the NRC
conducted an inspection to review the
circumstances related to Schlumberger’s
October 4, 2007, report of a lost fluid
density gauge containing licensed
material. Following that, on March 3,
2008, the NRC Office of Investigations
(OI) began an investigation (OI Case No.
4–2008–031) of Schlumberger
Technology Corporation. The
investigation was conducted, in part, to
determine if a Radiation Safety Officer
(RSO) employed by Schlumberger at the
Rock Springs, Wyoming, field station
willfully falsified inventory documents.
Based on the results of the inspection
and investigation, the NRC determined
that two apparent violations of NRC
requirements occurred. The apparent
violations involved failures to maintain
required records complete and accurate
as required by 10 CFR 30.9, and to
maintain control over licensed material
as required by 10 CFR 20.1802. The
NRC also was concerned that the
apparent failure to maintain required
records complete and accurate as
required by 10 CFR 30.9 might have
resulted from deliberate misconduct on
the part of the RSO at Schlumberger’s
Rock Springs, Wyoming, field station.
By letter dated December 1, 2008, the
NRC transmitted the results of the
inspection and investigation to
Schlumberger Technology Corporation.
In the December 1, 2008, letter, the NRC
offered Schlumberger the opportunity to
respond to the apparent violations,
request a predecisional enforcement
conference, or request Alternative
Dispute Resolution (ADR) with the NRC
in an attempt to resolve issues
associated with this matter. In response,
on December 5, 2008, Schlumberger
requested ADR to resolve this matter
with the NRC.
On January 22, 2009, the NRC and
Schlumberger Technology Corporation
met in an ADR session mediated by a
professional mediator, arranged through
Cornell University’s Institute on
Conflict Resolution. ADR is a process in
which a neutral mediator, with no
decision-making authority, assists the
parties in reaching an agreement on
resolving any differences regarding the
dispute. This confirmatory order is
issued pursuant to the agreement
reached during the ADR process.
III
The January 22, 2009, ADR session
between the NRC and Schlumberger was
held in Arlington, Texas, in the NRC
Region IV offices. During that ADR
session, an Agreement in Principle was
reached. The elements of the agreement
consisted of the following:
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1. The NRC acknowledges that
Schlumberger identified a missing gauge
and reported it to the NRC, and in
addition, the NRC acknowledges that
Schlumberger took extensive actions in
an attempt to find the gauge and
conducted a thorough investigation into
the circumstances surrounding the lost
gauge. However, the gauge was not
found.
2. Within 180 days of the date of this
order, Schlumberger will develop and
implement a program that requires well
site supervisors to ensure licensed
material is accounted for and secured at
temporary job sites.
3. Within 180 days of the date of this
order, Schlumberger will develop and
implement a program that requires line
managers to review security and
accountability of licensed material
assigned to their operating locations
(base and temporary job sites).
4. Schlumberger’s corporate radiation
safety staff will conduct annual
radiation safety audits at the Rock
Springs, Wyoming, field station through
calendar year 2010. This shall include
audits of temporary job sites that will
include, but not be limited to,
compliance with security and
transportation regulations associated
with licensed radioactive material.
5. Within 180 days of the date of this
order, Schlumberger will develop and
implement a required annual training
program that describes the requirements
in 10 CFR 30.9 and 10 CFR 30.10 to
employees using licensed material. This
training is to include the potential
consequences individuals may
experience for violations of 10 CFR
30.10. This training will be included in
Schlumberger’s initial training program.
6. Within 90 days of the date of this
order, Schlumberger will submit a
license amendment request, for
Materials License No. 42–27055–01, to
incorporate the changes to its inventory
procedure, to include the photographic
inventory process.
7. The NRC agrees not to pursue any
further enforcement action against
Schlumberger in connection with the
NRC’s December 1, 2008, Inspection
Report 030–32023/08–001 issued to
Schlumberger and will not count this
matter as previous enforcement for the
purposes of assessing potential future
enforcement action civil penalty
assessments in accordance with Section
VI.C of the Enforcement Policy. The
NRC, however, will evaluate
Schlumberger’s compliance with this
confirmatory order; and consider
enforcement action for any violations
identified, as appropriate.
8. In consideration of the extensive
actions taken and the additional actions
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to be taken by Schlumberger, the NRC
will issue a civil monetary penalty only
in the base amount of $3250.
Schlumberger will pay the civil penalty
within 30 days of the effective date of
this order.
9. The NRC acknowledges the
extensive actions taken by
Schlumberger, which include:
• In 2005, Schlumberger started a
program entitled, ‘‘U.S. Compliance
Audits,’’ to conduct audits every 3 years
of each field station by a corporate team
of experts. These audits include
temporary job sites.
• Schlumberger’s local site personnel
conduct annual self-assessments of
various programs, including the
radiation safety program.
• There is a pre-existing
Schlumberger code of ethics which
includes a tiered approach on
discipline. Management involvement is
included in the process. Employees are
given mechanisms to identify and report
perceived non-conformances.
• Photographic inventories of
licensed material are conducted at least
annually. Schlumberger’s business
system generates a random, 6-digit
number on a monthly basis that must be
in the photograph to ensure the
inventory occurs in a given month.
• Confirmation inventories of
licensed radioactive material are
conducted every 3 months.
• Third-party leak test analysis
results are provided to the corporate
radiation safety office for review.
• Training has been provided to
Schlumberger’s U.S. employees, who
work with licensed materials, on the
legal ramifications of willful failures to
follow NRC regulations.
• Training has been provided to
Schlumberger’s Rock Springs,
Wyoming, personnel on security for
transport and shipping requirements.
This training was conducted in
December 2007 and January 2008.
• Training has been provided to
Schlumberger’s U.S. employees on
radiation safety and control of licensed
material. This training was conducted
during the first quarter of 2008.
• World-wide training on security
and control of gauges and inventory
controls (photographic inventory) was
conducted.
• A Quality Health Safety and
Environment alert was issued within the
company describing the circumstances
surrounding the event related to
Schlumberger’s October 4, 2007, report
of a lost fluid density gauge, and
discussing the importance of the
security of licensed material. This alert
went out to site management located in
the United States and Canada.
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• Procedural changes were made on
how and where licensed materials are
stored at Schlumberger’s Rock Springs,
Wyoming, field station. An enhanced
security system is now in place at Rock
Springs, Wyoming.
It was noted in the agreement that the
NRC concluded that two violations of
NRC requirements occurred. The
violations involved: (1) A failure to
maintain control over licensed material
occurred, which constitutes a violation
of 10 CFR 20.1802, and (2) a site RSO
at Schlumberger’s field station located
at Rock Springs, Wyoming, deliberately
failed to provide complete and accurate
information on the records documenting
physical inventories, which constitutes
a violation of 10 CFR 30.9. The NRC
acknowledges that Schlumberger does
not concede that any violations
occurred.
On February 23, 2009, the Licensee
consented to issuing this Order with the
commitments, as described in Section V
below. The Licensee further agreed that
this Order is to be effective upon
issuance and that it has waived its right
to a hearing.
IV
Since the licensee has agreed to take
additional actions to address NRC
concerns, as set forth in Item III above,
the NRC has concluded that its concerns
can be resolved through issuance of this
Order.
I find that the Licensee’s
commitments as set forth in Section V
are acceptable and necessary and
conclude that with these commitments
the public health and safety are
reasonably assured. In view of the
foregoing, I have determined that public
health and safety require that the
Licensee’s commitments be confirmed
by this Order. Based on the above and
the Licensee’s consent, this Order is
immediately effective upon issuance.
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202 and 10 CFR Parts 20 and 30
it is hereby ordered, effective
immediately, that License No. 42–
27055–01 is modified as follows:
1. Within 180 days of the effective
date of this order, Schlumberger will
develop and implement a program that
requires well site supervisors to ensure
licensed material is accounted for and
secured at temporary job sites.
2. Within 180 days of the effective
date of this order, Schlumberger will
develop and implement a program that
requires line managers to review
security and accountability of licensed
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material assigned to their operating
locations (base and temporary job sites).
3. Schlumberger’s corporate radiation
safety staff will conduct annual
radiation safety audits at the Rock
Springs, Wyoming, field station through
calendar year 2010. This shall include
audits of temporary job sites that will
include, but not be limited to,
compliance with security and
transportation regulations associated
with licensed radioactive material.
4. Within 180 days of the effective
date of this order, Schlumberger will
develop and implement a required
annual training program that describes
the requirements in 10 CFR 30.9 and 10
CFR 30.10 to employees using licensed
material. This training is to include the
potential consequences individuals may
experience for violations of 10 CFR
30.10. This training will be included in
Schlumberger’s initial training program.
5. Within 90 days of the effective date
of this order, Schlumberger will submit
a license amendment request, for
Materials License No. 42–27055–01, to
incorporate the changes to its inventory
procedure, to include the photographic
inventory process.
6. Within 30 days of the effective date
of this order, Schlumberger Technology
Corporation must pay the civil penalty
of $3,250 in accordance with NUREG/
BR–0254 and submit to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, a statement indicating when
and by what method payment was
made.
7. Schlumberger shall continue the
following actions:
• ‘‘U.S. Compliance Audits’’ shall be
conducted every 3 years at each field
station by a corporate team of experts.
These audits will include temporary job
sites.
• Annual self-assessments shall be
conducted by site personnel. These selfassessments include the radiation safety
program.
• Schlumberger will maintain its preexisting code of ethics, which includes
a tiered approach on discipline.
• Confirmation inventories of
licensed radioactive material shall be
conducted every 3 months.
• Third-party leak test analysis
results shall be provided to the
corporate radiation safety office for
review.
• The enhanced security system shall
remain in place at Schlumberger’s Rock
Springs, Wyoming, field station,
provided that licensed material is used
or stored therein.
The license, which is the subject of
this order, is modified in accordance
with the requirements of the order. As
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such, in the event of the transfer of
Materials License No. 42–27055–01 held
by Schlumberger Technology
Corporation, by the virtue of the sale (of
the facility or the license holder),
merger, bankruptcy, agreement or
otherwise, the requirements of this
confirmatory order shall survive any
such transfer and shall be binding on
the new license holder.
The Regional Administrator, NRC
Region IV, may, in writing, relax or
rescind any of the above conditions
upon demonstration by the Licensee of
good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than the
Licensee, may request a hearing within
20 days of its issuance. Where good
cause is shown, consideration will be
given to extending the time to request a
hearing. A request for extension of time
must be directed to the Director, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and include a statement of good
cause for the extension.
A request for a hearing must be filed
in accordance with the NRC E-Filing
rule, which the NRC promulgated in
August 2007, 72 FR 49,139 (Aug. 28,
2007). The E-Filing process requires
participants to submit and serve
documents over the Internet or, in some
cases, to mail copies on electronic
optical storage media. Participants may
not submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements associated with E-Filing,
at least five (5) days prior to the filing
deadline the requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating; and/or (2) creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
Viewer TM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms Viewer is free and is
available at
https://www.nrc.gov/site-help/esubmittals/install-viewer.html.
Information about applying for a digital
ID certificate also is available on NRC’s
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9835
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, it can then submit a request for
a hearing through EIE. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
document through EIE. To be timely,
electronic filings must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request is filed so that they may
obtain access to the document via the EFiling system.
A person filing electronically may
seek assistance through the Contact Us
link located on the NRC Web site at
https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by (1)
first class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
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document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket, which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. With respect to copyrighted
works, except for limited excerpts that
serve the purpose of the adjudicatory
filings and would constitute a Fair Use
application, Participants are requested
not to include copyrighted materials in
their works.
If a person other than Schlumberger
Technology Corporation requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If the hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained. In the absence of any
request for hearing, or written approval
of an extension of time in which to
request a hearing, the provisions
specified in Section V above shall be
final 20 days from the date of this Order
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received. A
request for hearing shall not stay the
immediate effectiveness of this order.
Dated this 24th day of February 2009.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Regional Administrator.
[FR Doc. E9–4761 Filed 3–5–09; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
Putnam New York Investment Grade
Municipal Trust
[File No. 811–7274]
[Release No. IC–28639]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
February 27, 2009.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of February,
2009. A copy of each application may be
obtained for a fee at the Commission’s
Public Reference Room, 100 F Street,
NE., Washington, DC 20549–1520 (tel.
202–551–5850). An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on
March 24, 2009, and should be
accompanied by proof of service on the
applicant, in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090.
For Further Information Contact:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 100 F Street, NE.,
Washington, DC 20549–4041.
Short-Term Investments Trust II
[File No. 811–22259]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On December 8,
2008, applicant transferred its assets to
a corresponding series of Short-Term
Investments Trust, based on net asset
value. Expenses of approximately
$164,210 incurred in connection with
the reorganization were paid by Invesco
Aim Advisors, Inc., applicant’s
investment adviser.
Filing Dates: The application was
filed on December 9, 2008, and
amended on February 11, 2009.
Applicant’s Address: 11 Greenway
Plaza, Suite 100, Houston, TX 77046–
1173.
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Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Applicant’s
Municipal Income Preferred Shares,
Series Th were redeemed on May 25,
2007. On June 25, 2007, applicant
transferred its assets to Putnam New
York Tax Exempt Income Trust, based
on net asset value. Expenses of
approximately $276,806 incurred in
connection with the reorganization were
paid by applicant.
Filing Dates: The application was
filed on December 23, 2008 and
amended on February 10, 2009.
Applicant’s Address: One Post Office
Sq., Boston, MA 02109.
Dollar Strategy Global Trust
[File No. 811–22122]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On November 24,
2008, applicant made a liquidating
distribution to its shareholders, based
on net asset value. Expenses of $1,250
incurred in connection with the
liquidation were paid by Glengarry
Advisors, LP, applicant’s investment
adviser.
Filing Dates: The application was
filed on December 23, 2008 and
amended on February 6, 2009.
Applicant’s Address: 81790 Golden
Star Way, La Quinta, CA 92253.
Fortress Brookdale Investment Fund
LLC
[File No. 811–10127]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On November 28,
2008, applicant made a liquidating
distribution to its shareholders, based
on net asset value. Preferred
shareholders received cash payments
equal to the face amount of their
securities plus preferred dividends
accrued. Expenses of $6,000 incurred in
connection with the liquidation were
paid by applicant.
Filing Dates: The application was
filed on December 10, 2008 and
amended on February 2, 2009.
Applicant’s Address: 1345 Avenue of
the Americas, 46th Floor, New York, NY
10105.
Diamond Portfolio Investment Trust
[File No. 811–22129]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On December 29,
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[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Notices]
[Pages 9833-9836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4761]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-32023; License No. 42-27055-01; EA-08-261; NRC-2009-
0101]
In the Matter of Schlumberger Technology Corporation, Sugar Land,
TX; Confirmatory Order Modifying License; Effective Immediately
I
Schlumberger Technology Corporation (Schlumberger or Licensee) is
the holder of Materials License No. 42-27055-01 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 on
November 29, 1989, last amended on May 1, 2006, and due to expire on
December 31, 2015. The license authorizes Schlumberger to possess and
use sealed sources for use in conducting density measurements in
accordance with conditions specified therein. The license authorizes
use at specified field stations located in the States of Alaska,
Virginia, West Virginia, and Wyoming. The license also authorizes use
at temporary job sites of the licensee anywhere in the United States
where the Commission maintains jurisdiction for regulating the use of
licensed material.
II
In accordance with NRC protocols, on October 4, 2007, Schlumberger
timely reported the loss of a fluid density gauge containing licensed
material from its Rock Springs, Wyoming, facility. After identifying
and reporting the missing gauge, Schlumberger took extensive actions in
an attempt to find the gauge and conducted a thorough investigation
into the circumstances surrounding the lost gauge. The gauge was not
located. Schlumberger timely filed its written report pursuant to 10
CFR 20.2201 on November 15, 2007.
On January 29, 2008, the NRC conducted an inspection to review the
circumstances related to Schlumberger's October 4, 2007, report of a
lost fluid density gauge containing licensed material. Following that,
on March 3, 2008, the NRC Office of Investigations (OI) began an
investigation (OI Case No. 4-2008-031) of Schlumberger Technology
Corporation. The investigation was conducted, in part, to determine if
a Radiation Safety Officer (RSO) employed by Schlumberger at the Rock
Springs, Wyoming, field station willfully falsified inventory
documents. Based on the results of the inspection and investigation,
the NRC determined that two apparent violations of NRC requirements
occurred. The apparent violations involved failures to maintain
required records complete and accurate as required by 10 CFR 30.9, and
to maintain control over licensed material as required by 10 CFR
20.1802. The NRC also was concerned that the apparent failure to
maintain required records complete and accurate as required by 10 CFR
30.9 might have resulted from deliberate misconduct on the part of the
RSO at Schlumberger's Rock Springs, Wyoming, field station.
By letter dated December 1, 2008, the NRC transmitted the results
of the inspection and investigation to Schlumberger Technology
Corporation. In the December 1, 2008, letter, the NRC offered
Schlumberger the opportunity to respond to the apparent violations,
request a predecisional enforcement conference, or request Alternative
Dispute Resolution (ADR) with the NRC in an attempt to resolve issues
associated with this matter. In response, on December 5, 2008,
Schlumberger requested ADR to resolve this matter with the NRC.
On January 22, 2009, the NRC and Schlumberger Technology
Corporation met in an ADR session mediated by a professional mediator,
arranged through Cornell University's Institute on Conflict Resolution.
ADR is a process in which a neutral mediator, with no decision-making
authority, assists the parties in reaching an agreement on resolving
any differences regarding the dispute. This confirmatory order is
issued pursuant to the agreement reached during the ADR process.
III
The January 22, 2009, ADR session between the NRC and Schlumberger
was held in Arlington, Texas, in the NRC Region IV offices. During that
ADR session, an Agreement in Principle was reached. The elements of the
agreement consisted of the following:
[[Page 9834]]
1. The NRC acknowledges that Schlumberger identified a missing
gauge and reported it to the NRC, and in addition, the NRC acknowledges
that Schlumberger took extensive actions in an attempt to find the
gauge and conducted a thorough investigation into the circumstances
surrounding the lost gauge. However, the gauge was not found.
2. Within 180 days of the date of this order, Schlumberger will
develop and implement a program that requires well site supervisors to
ensure licensed material is accounted for and secured at temporary job
sites.
3. Within 180 days of the date of this order, Schlumberger will
develop and implement a program that requires line managers to review
security and accountability of licensed material assigned to their
operating locations (base and temporary job sites).
4. Schlumberger's corporate radiation safety staff will conduct
annual radiation safety audits at the Rock Springs, Wyoming, field
station through calendar year 2010. This shall include audits of
temporary job sites that will include, but not be limited to,
compliance with security and transportation regulations associated with
licensed radioactive material.
5. Within 180 days of the date of this order, Schlumberger will
develop and implement a required annual training program that describes
the requirements in 10 CFR 30.9 and 10 CFR 30.10 to employees using
licensed material. This training is to include the potential
consequences individuals may experience for violations of 10 CFR 30.10.
This training will be included in Schlumberger's initial training
program.
6. Within 90 days of the date of this order, Schlumberger will
submit a license amendment request, for Materials License No. 42-27055-
01, to incorporate the changes to its inventory procedure, to include
the photographic inventory process.
7. The NRC agrees not to pursue any further enforcement action
against Schlumberger in connection with the NRC's December 1, 2008,
Inspection Report 030-32023/08-001 issued to Schlumberger and will not
count this matter as previous enforcement for the purposes of assessing
potential future enforcement action civil penalty assessments in
accordance with Section VI.C of the Enforcement Policy. The NRC,
however, will evaluate Schlumberger's compliance with this confirmatory
order; and consider enforcement action for any violations identified,
as appropriate.
8. In consideration of the extensive actions taken and the
additional actions to be taken by Schlumberger, the NRC will issue a
civil monetary penalty only in the base amount of $3250. Schlumberger
will pay the civil penalty within 30 days of the effective date of this
order.
9. The NRC acknowledges the extensive actions taken by
Schlumberger, which include:
In 2005, Schlumberger started a program entitled, ``U.S.
Compliance Audits,'' to conduct audits every 3 years of each field
station by a corporate team of experts. These audits include temporary
job sites.
Schlumberger's local site personnel conduct annual self-
assessments of various programs, including the radiation safety
program.
There is a pre-existing Schlumberger code of ethics which
includes a tiered approach on discipline. Management involvement is
included in the process. Employees are given mechanisms to identify and
report perceived non-conformances.
Photographic inventories of licensed material are
conducted at least annually. Schlumberger's business system generates a
random, 6-digit number on a monthly basis that must be in the
photograph to ensure the inventory occurs in a given month.
Confirmation inventories of licensed radioactive material
are conducted every 3 months.
Third-party leak test analysis results are provided to the
corporate radiation safety office for review.
Training has been provided to Schlumberger's U.S.
employees, who work with licensed materials, on the legal ramifications
of willful failures to follow NRC regulations.
Training has been provided to Schlumberger's Rock Springs,
Wyoming, personnel on security for transport and shipping requirements.
This training was conducted in December 2007 and January 2008.
Training has been provided to Schlumberger's U.S.
employees on radiation safety and control of licensed material. This
training was conducted during the first quarter of 2008.
World-wide training on security and control of gauges and
inventory controls (photographic inventory) was conducted.
A Quality Health Safety and Environment alert was issued
within the company describing the circumstances surrounding the event
related to Schlumberger's October 4, 2007, report of a lost fluid
density gauge, and discussing the importance of the security of
licensed material. This alert went out to site management located in
the United States and Canada.
Procedural changes were made on how and where licensed
materials are stored at Schlumberger's Rock Springs, Wyoming, field
station. An enhanced security system is now in place at Rock Springs,
Wyoming.
It was noted in the agreement that the NRC concluded that two
violations of NRC requirements occurred. The violations involved: (1) A
failure to maintain control over licensed material occurred, which
constitutes a violation of 10 CFR 20.1802, and (2) a site RSO at
Schlumberger's field station located at Rock Springs, Wyoming,
deliberately failed to provide complete and accurate information on the
records documenting physical inventories, which constitutes a violation
of 10 CFR 30.9. The NRC acknowledges that Schlumberger does not concede
that any violations occurred.
On February 23, 2009, the Licensee consented to issuing this Order
with the commitments, as described in Section V below. The Licensee
further agreed that this Order is to be effective upon issuance and
that it has waived its right to a hearing.
IV
Since the licensee has agreed to take additional actions to address
NRC concerns, as set forth in Item III above, the NRC has concluded
that its concerns can be resolved through issuance of this Order.
I find that the Licensee's commitments as set forth in Section V
are acceptable and necessary and conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
the Licensee's commitments be confirmed by this Order. Based on the
above and the Licensee's consent, this Order is immediately effective
upon issuance.
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Parts 20 and 30 it is hereby
ordered, effective immediately, that License No. 42-27055-01 is
modified as follows:
1. Within 180 days of the effective date of this order,
Schlumberger will develop and implement a program that requires well
site supervisors to ensure licensed material is accounted for and
secured at temporary job sites.
2. Within 180 days of the effective date of this order,
Schlumberger will develop and implement a program that requires line
managers to review security and accountability of licensed
[[Page 9835]]
material assigned to their operating locations (base and temporary job
sites).
3. Schlumberger's corporate radiation safety staff will conduct
annual radiation safety audits at the Rock Springs, Wyoming, field
station through calendar year 2010. This shall include audits of
temporary job sites that will include, but not be limited to,
compliance with security and transportation regulations associated with
licensed radioactive material.
4. Within 180 days of the effective date of this order,
Schlumberger will develop and implement a required annual training
program that describes the requirements in 10 CFR 30.9 and 10 CFR 30.10
to employees using licensed material. This training is to include the
potential consequences individuals may experience for violations of 10
CFR 30.10. This training will be included in Schlumberger's initial
training program.
5. Within 90 days of the effective date of this order, Schlumberger
will submit a license amendment request, for Materials License No. 42-
27055-01, to incorporate the changes to its inventory procedure, to
include the photographic inventory process.
6. Within 30 days of the effective date of this order, Schlumberger
Technology Corporation must pay the civil penalty of $3,250 in
accordance with NUREG/BR-0254 and submit to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
a statement indicating when and by what method payment was made.
7. Schlumberger shall continue the following actions:
``U.S. Compliance Audits'' shall be conducted every 3
years at each field station by a corporate team of experts. These
audits will include temporary job sites.
Annual self-assessments shall be conducted by site
personnel. These self-assessments include the radiation safety program.
Schlumberger will maintain its pre-existing code of
ethics, which includes a tiered approach on discipline.
Confirmation inventories of licensed radioactive material
shall be conducted every 3 months.
Third-party leak test analysis results shall be provided
to the corporate radiation safety office for review.
The enhanced security system shall remain in place at
Schlumberger's Rock Springs, Wyoming, field station, provided that
licensed material is used or stored therein.
The license, which is the subject of this order, is modified in
accordance with the requirements of the order. As such, in the event of
the transfer of Materials License No. 42-27055-01 held by Schlumberger
Technology Corporation, by the virtue of the sale (of the facility or
the license holder), merger, bankruptcy, agreement or otherwise, the
requirements of this confirmatory order shall survive any such transfer
and shall be binding on the new license holder.
The Regional Administrator, NRC Region IV, may, in writing, relax
or rescind any of the above conditions upon demonstration by the
Licensee of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within 20 days of its
issuance. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time must be directed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a
statement of good cause for the extension.
A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August 2007, 72 FR 49,139
(Aug. 28, 2007). The E-Filing process requires participants to submit
and serve documents over the Internet or, in some cases, to mail copies
on electronic optical storage media. Participants may not submit paper
copies of their filings unless they seek a waiver in accordance with
the procedures described below.
To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the
requestor must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate). Each requestor will need to
download the Workplace Forms Viewer \TM\ to access the Electronic
Information Exchange (EIE), a component of the E-Filing system. The
Workplace Forms Viewer is free and is available at https://www.nrc.gov/
site-help/e-submittals/install-viewer.html. Information about applying
for a digital ID certificate also is available on NRC's public Web site
at https://www.nrc.gov/site-help/e-submittals/apply-
certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance available on the
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the filer submits its
document through EIE. To be timely, electronic filings must be
submitted to the EIE system no later than 11:59 p.m. Eastern Time on
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the document on those participants separately.
Therefore, any others who wish to participate in the proceeding (or
their counsel or representative) must apply for and receive a digital
ID certificate before a hearing request is filed so that they may
obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
Contact Us link located on the NRC Web site at https://www.nrc.gov/site-
help/e-submittals.html or by calling the NRC technical help line, which
is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday
through Friday. The help line number is (800) 397-4209 or locally,
(301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the
[[Page 9836]]
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
Participants are requested not to include copyrighted materials in
their works.
If a person other than Schlumberger Technology Corporation requests
a hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If the hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained. In the absence of any request for hearing, or written
approval of an extension of time in which to request a hearing, the
provisions specified in Section V above shall be final 20 days from the
date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in Section V shall be final when the extension
expires if a hearing request has not been received. A request for
hearing shall not stay the immediate effectiveness of this order.
Dated this 24th day of February 2009.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Regional Administrator.
[FR Doc. E9-4761 Filed 3-5-09; 8:45 am]
BILLING CODE 7590-01-P
