In the Matter of Quality Inspection Services, Inc.: Confirmatory Order Modifying License (Effective Immediately), 11610-11612 [E9-5812]
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11610
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices
Day
Event/activity
A + 3 .......................
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision
issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if
more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing
all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its
SUNSI or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
A + 28 .....................
A + 53 .....................
A + 60 .....................
B ..............................
[FR Doc. E9–5810 Filed 3–17–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 03033722, License No. 31–
30187, EA–08–158; NRC–2009–0118]
In the Matter of Quality Inspection
Services, Inc.: Confirmatory Order
Modifying License (Effective
Immediately)
I
Quality Inspection Services, Inc.
(QISI) (Licensee) is the holder of a
byproduct materials license issued by
the Nuclear Regulatory Commission
(NRC or Commission) pursuant to 10
CFR Part 34. The license was last
renewed on November 28, 2005
(Amendment 8), and was last amended
on March 11, 2008 (Amendment 12).
The license authorizes the operation of
the QISI facility in accordance with
conditions specified therein. The
facility is located on the Licensee’s site
in Manchester, Connecticut.
tjames on PRODPC61 with NOTICES
II
The NRC Office of Investigations (OI)
initiated an investigation on March 16,
2007, in part, to determine whether QISI
willfully performed unauthorized
radiography operations. Based on the
evidence developed during the OI
investigation, which was completed on
November 30, 2007, the NRC identified
an apparent willful violation involving
QISI failing to maintain utilization logs
for sealed sources, as required by 10
CFR 34.71. A description of this
apparent violation and a factual
summary of the results of the
investigation were sent to QISI in an
NRC letter dated August 15, 2008.
At the NRC’s request, QISI attended a
predecisional enforcement conference
(PEC) on August 27, 2008, to discuss the
apparent violation and the results of the
OI investigation. After considering the
information presented in the PEC and
the evidence developed during the
investigation, the NRC determined that
the violation occurred and was willful.
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14:48 Mar 17, 2009
Jkt 217001
Specifically, between November 15,
2006, and March 2, 2007, QISI’s former
site radiation safety officer (RSO)
willfully failed to log the following
information for each sealed source: (1)
A description of the radiographic
exposure device or transport or storage
container in which the sealed source is
located; (2) the identity and signature of
the assigned radiographer; and, (3) the
plant or site where the source was used,
and when, including the dates on which
the source was removed and returned to
storage. In a letter dated September 15,
2008, the NRC issued QISI a Notice of
Violation and Proposed Imposition of
Civil Penalty (Notice) in the amount of
$6,500 for this violation.
Because the violation was willful, the
September 15, 2008 NRC letter included
an offer to QISI to use the Alternative
Dispute Resolution (ADR) program, in
an attempt to resolve any issues it had
with the enforcement action. The ADR
program 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. In
response, on October 22, 2008, QISI
requested the use of the ADR program.
III
On January 22, 2009, the NRC and
QISI met in an ADR session mediated by
a professional mediator, arranged
through Cornell University’s Scheinman
Institute on Conflict Resolution. During
that ADR session, a preliminary
settlement agreement was reached. This
Confirmatory Order is the result of that
agreement, the elements of which
consisted of the following:
1. The NRC and QISI agree that the
violation of 10 CFR 34.71, referenced in
the NRC letter, dated September 15,
2008, occurred, as stated in the
referenced Notice.
2. As documented in the September
15, 2008 NRC letter, QISI has taken
several corrective actions in response to
the willful violation, as well as other
violations identified in the Notice of
Violation and Proposed Imposition of
Civil Penalty. Those actions, which the
NRC agrees were prompt and
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Fmt 4703
Sfmt 4703
comprehensive include: ensuring that
employees involved in radiography
activities have reviewed QISI’s
Operations and Emergency (O&E)
Manual, and reinforcing expectations
regarding the existing Employee
Concerns Program, specifically
emphasizing the opportunity for
employees to raise safety concerns.
3. As a result of the ADR session, QISI
agrees to take the following additional
actions:
a. Revise the existing O&E Manual to
emphasize the importance of safe
performance of radiography, strict
compliance with requirements, all staff
being complete and accurate in all
communications, and all staff
understanding that engaging in any
willful misconduct will not be tolerated.
b. Retrain all employees regarding the
revisions to the O&E manual.
c. Add a radiation safety component
to the existing Corporate Newsletter, to
be issued at least quarterly, focusing on
radiation safety updates. In the first
newsletter issued following the NRC
Confirmatory Order confirming these
commitments, the front page of that
newsletter will include a message from
the QISI President which emphasizes
the importance of safe performance of
radiography, strict compliance with
requirements, all staff being complete
and accurate in all communications,
and all staff understanding that
engaging in any willful misconduct will
not be tolerated.
d. Develop a video recording (DVD)
that will be required viewing by all
company employees who are involved
in any manner in activities subject to
NRC jurisdiction, and will also be
placed on the QISI Web site for
employee viewing and access. The
video will include opening remarks by
either the QISI President or the QISI
Executive Vice President providing the
expectations set forth in the Corporate
Newsletter described in Item 3.c.
e. Place the DVD referenced in Item
3.d on the QISI public Web site, and
offer to make the DVD available for a
presentation at a national industry
conference (e.g. American Society for
Nondestructive Testing).
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices
tjames on PRODPC61 with NOTICES
f. Increase the audits of each
radiographer working in areas of NRC
jurisdiction to three times annually for
two years following issuance of this
Confirmatory Order, and have these
audits conducted by the Corporate
Radiation Safety Officer (RSO).
g. Include, as part of the next two
NRC required annual reviews of the
radiation safety program, an inquiry
(independent of the Corporate RSO) of
all radiographers working in NRC
jurisdiction. The inquiry will assess the
effectiveness of adherence to NRC
requirements, and implementation of
the actions set forth above. The inquiry
will encourage all radiographers to raise
any concerns they have, and to do so
anonymously if they so chose. The
results will be summarized and
provided to the QISI President.
h. Complete the actions set forth in
Items 3.a through 3.e within six months
of the Confirmatory Order issued to
confirm this agreement. Complete the
actions in Items 3.f through 3.g within
two years of the Confirmatory Order.
i. Upon completion of the actions set
forth in Items 3.a through 3.e, send the
NRC a letter summarizing the completed
actions within 30 days confirming that
each of those actions has been
completed. Upon completion of the
actions set forth in Items 3.f through 3.g,
send the NRC another letter
summarizing the completed actions
within 30 days, confirming that those
actions have been completed.
4. In light of the corrective actions
that QISI took to correct the violations,
as noted in Item 2, as well as the
additional actions QISI committed to
take, as described in Item 3, the NRC
agrees to reduce the amount of the civil
penalty to $500. QISI agrees to pay this
amount.
On March 4, 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 the Licensee 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 also determined that
public health and safety require that the
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14:48 Mar 17, 2009
Jkt 217001
Licensee’s commitments be confirmed
by this Order. Based on the above and
the Licensee’s consent, this Order is
immediately effective upon issuance.
V
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 Part 34, it is
hereby ordered, effective immediately,
that QISI shall:
A. Revise the existing O&E Manual to
emphasize the importance of safe
performance of radiography, strict
compliance with requirements, all staff
being complete and accurate in all
communications, and all staff
understanding that engaging in any
willful misconduct will not be tolerated;
B. Retrain all employees regarding the
revisions to the O&E manual;
C. Add a radiation safety component
to the existing Corporate Newsletter, to
be issued at least quarterly, that will
focus on radiation safety updates, and
have the front page of the first
newsletter issued following this NRC
Confirmatory Order confirming these
commitments include a message from
the QISI President which emphasizes
the importance of safe performance of
radiography, strict compliance with
requirements, all staff being complete
and accurate in all communications,
and all staff understanding that
engaging in any willful misconduct will
not be tolerated;
D. Develop a video recording (DVD)
that will be required viewing by all
company employees who are involved
in any manner in activities subject to
NRC jurisdiction, and will also be
placed on the QISI Web site for
employee viewing and access; the video
will include opening remarks by either
the QISI President or the QISI Executive
Vice President providing the
expectations set forth in the Corporate
Newsletter described in Item C;
E. Place the DVD referenced in Item
D on the QISI public Web site, and offer
to make the DVD available for a
presentation at a national industry
conference (e.g., American Society for
Nondestructive Testing);
F. Increase the audits of each of the
radiographers working in areas of NRC
jurisdiction to three times annually for
two years following issuance of this
Confirmatory Order, and have these
audits conducted by the Corporate RSO;
G. Include, as part of the next two
NRC required annual reviews of the
radiation safety program, an inquiry
(independent of the Corporate RSO) of
all radiographers working in NRC
jurisdiction; ensure the inquiry assesses
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Frm 00092
Fmt 4703
Sfmt 4703
11611
the effectiveness of adherence to NRC
requirements, and implementation of
the actions set forth above in Items V.A–
V.F; and use the inquiry to encourage all
radiographers to raise any concerns they
have, and to do so anonymously if they
so chose;
H. Complete the actions set forth in
Items V.A–V.E within six months of the
date of this Confirmatory Order, and
complete the actions in Items V.F–V.G
within two years of the date of this
Confirmatory Order;
I. Upon completion of the actions set
forth in Items V.A–V.E, send the NRC a
letter, within 30 days, confirming that
those actions have been completed;
J. Upon completion of the actions set
forth in Items V.F–V.G, send the NRC
another letter, within 30 days,
confirming that those actions have been
completed; and,
K. Pay a civil penalty in the amount
of $500, within 30 days of the date of
this Confirmatory Order.
The Regional Administrator, Region I,
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
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18MRN1
tjames on PRODPC61 with NOTICES
11612
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices
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
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/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/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 electronic filing Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
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
VerDate Nov<24>2008
14:48 Mar 17, 2009
Jkt 217001
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, MD 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
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 (the Licensee)
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
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request for hearing shall not stay the
immediate effectiveness of this order.
For The Nuclear Regulatory Commission.
Dated this the 10th day of March 2009.
Marc L. Dapas,
Deputy Regional Administrator.
[FR Doc. E9–5812 Filed 3–17–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–271; NRC–2009–0121]
Entergy Nuclear Operations, Inc.,
Vermont Yankee Nuclear Power
Station; Environmental Assessment
and Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of a revision of an existing
exemption from Title 10 of the Code of
Federal Regulations (10 CFR) part 50,
Appendix R, ‘‘Fire Protection Program
of Nuclear Power Facilities Operating
Prior to January 1, 1979,’’ for Automatic
Fire Suppression, Separation, and
Repairs, issued to Entergy Nuclear
Operations, Inc. (the licensee), for
operation of Vermont Yankee Nuclear
Power Station (VY), located in
Windham County, Vermont. Therefore,
as required by 10 CFR 51.21, the NRC
is issuing this environmental
assessment and finding of no significant
impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would revise the
exemption from the provisions of 10
CFR part 50, Appendix R, Section III.G.2
(III.G.2), dated December 1, 1986, which
in part permitted a reduction in
minimum separation distance between
cable trays in the northwest corner of
Fire Zone RB–3 of the reactor building
to 18 feet. VY has requested a revision
of the existing exemption to permit the
actual minimum separation distance of
17 feet-7.5 inches.
The proposed action is in accordance
with the licensee’s application dated
July 11, 2008, as supplemented by letter
dated November 20, 2008.
The Need for the Proposed Action
The proposed revision of an existing
exemption from 10 CFR part 50,
Appendix R, is needed to permit a
reduction in minimum separation
distance between cable trays from 18
feet to 17 feet-7.5 inches. VY has
performed a Fire Protection evaluation,
using NRC Generic Letter 86–10,
‘‘Implementation of Fire Protection
Requirements,’’ and concluded that
E:\FR\FM\18MRN1.SGM
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Agencies
[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11610-11612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5812]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 03033722, License No. 31-30187, EA-08-158; NRC-2009-0118]
In the Matter of Quality Inspection Services, Inc.: Confirmatory
Order Modifying License (Effective Immediately)
I
Quality Inspection Services, Inc. (QISI) (Licensee) is the holder
of a byproduct materials license issued by the Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Part 34. The license
was last renewed on November 28, 2005 (Amendment 8), and was last
amended on March 11, 2008 (Amendment 12). The license authorizes the
operation of the QISI facility in accordance with conditions specified
therein. The facility is located on the Licensee's site in Manchester,
Connecticut.
II
The NRC Office of Investigations (OI) initiated an investigation on
March 16, 2007, in part, to determine whether QISI willfully performed
unauthorized radiography operations. Based on the evidence developed
during the OI investigation, which was completed on November 30, 2007,
the NRC identified an apparent willful violation involving QISI failing
to maintain utilization logs for sealed sources, as required by 10 CFR
34.71. A description of this apparent violation and a factual summary
of the results of the investigation were sent to QISI in an NRC letter
dated August 15, 2008.
At the NRC's request, QISI attended a predecisional enforcement
conference (PEC) on August 27, 2008, to discuss the apparent violation
and the results of the OI investigation. After considering the
information presented in the PEC and the evidence developed during the
investigation, the NRC determined that the violation occurred and was
willful. Specifically, between November 15, 2006, and March 2, 2007,
QISI's former site radiation safety officer (RSO) willfully failed to
log the following information for each sealed source: (1) A description
of the radiographic exposure device or transport or storage container
in which the sealed source is located; (2) the identity and signature
of the assigned radiographer; and, (3) the plant or site where the
source was used, and when, including the dates on which the source was
removed and returned to storage. In a letter dated September 15, 2008,
the NRC issued QISI a Notice of Violation and Proposed Imposition of
Civil Penalty (Notice) in the amount of $6,500 for this violation.
Because the violation was willful, the September 15, 2008 NRC
letter included an offer to QISI to use the Alternative Dispute
Resolution (ADR) program, in an attempt to resolve any issues it had
with the enforcement action. The ADR program 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. In response, on October 22, 2008, QISI requested the use of
the ADR program.
III
On January 22, 2009, the NRC and QISI met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Scheinman Institute on Conflict Resolution. During that
ADR session, a preliminary settlement agreement was reached. This
Confirmatory Order is the result of that agreement, the elements of
which consisted of the following:
1. The NRC and QISI agree that the violation of 10 CFR 34.71,
referenced in the NRC letter, dated September 15, 2008, occurred, as
stated in the referenced Notice.
2. As documented in the September 15, 2008 NRC letter, QISI has
taken several corrective actions in response to the willful violation,
as well as other violations identified in the Notice of Violation and
Proposed Imposition of Civil Penalty. Those actions, which the NRC
agrees were prompt and comprehensive include: ensuring that employees
involved in radiography activities have reviewed QISI's Operations and
Emergency (O&E) Manual, and reinforcing expectations regarding the
existing Employee Concerns Program, specifically emphasizing the
opportunity for employees to raise safety concerns.
3. As a result of the ADR session, QISI agrees to take the
following additional actions:
a. Revise the existing O&E Manual to emphasize the importance of
safe performance of radiography, strict compliance with requirements,
all staff being complete and accurate in all communications, and all
staff understanding that engaging in any willful misconduct will not be
tolerated.
b. Retrain all employees regarding the revisions to the O&E manual.
c. Add a radiation safety component to the existing Corporate
Newsletter, to be issued at least quarterly, focusing on radiation
safety updates. In the first newsletter issued following the NRC
Confirmatory Order confirming these commitments, the front page of that
newsletter will include a message from the QISI President which
emphasizes the importance of safe performance of radiography, strict
compliance with requirements, all staff being complete and accurate in
all communications, and all staff understanding that engaging in any
willful misconduct will not be tolerated.
d. Develop a video recording (DVD) that will be required viewing by
all company employees who are involved in any manner in activities
subject to NRC jurisdiction, and will also be placed on the QISI Web
site for employee viewing and access. The video will include opening
remarks by either the QISI President or the QISI Executive Vice
President providing the expectations set forth in the Corporate
Newsletter described in Item 3.c.
e. Place the DVD referenced in Item 3.d on the QISI public Web
site, and offer to make the DVD available for a presentation at a
national industry conference (e.g. American Society for Nondestructive
Testing).
[[Page 11611]]
f. Increase the audits of each radiographer working in areas of NRC
jurisdiction to three times annually for two years following issuance
of this Confirmatory Order, and have these audits conducted by the
Corporate Radiation Safety Officer (RSO).
g. Include, as part of the next two NRC required annual reviews of
the radiation safety program, an inquiry (independent of the Corporate
RSO) of all radiographers working in NRC jurisdiction. The inquiry will
assess the effectiveness of adherence to NRC requirements, and
implementation of the actions set forth above. The inquiry will
encourage all radiographers to raise any concerns they have, and to do
so anonymously if they so chose. The results will be summarized and
provided to the QISI President.
h. Complete the actions set forth in Items 3.a through 3.e within
six months of the Confirmatory Order issued to confirm this agreement.
Complete the actions in Items 3.f through 3.g within two years of the
Confirmatory Order.
i. Upon completion of the actions set forth in Items 3.a through
3.e, send the NRC a letter summarizing the completed actions within 30
days confirming that each of those actions has been completed. Upon
completion of the actions set forth in Items 3.f through 3.g, send the
NRC another letter summarizing the completed actions within 30 days,
confirming that those actions have been completed.
4. In light of the corrective actions that QISI took to correct the
violations, as noted in Item 2, as well as the additional actions QISI
committed to take, as described in Item 3, the NRC agrees to reduce the
amount of the civil penalty to $500. QISI agrees to pay this amount.
On March 4, 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 the
Licensee 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 also 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.
V
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 Part 34, it is hereby ordered,
effective immediately, that QISI shall:
A. Revise the existing O&E Manual to emphasize the importance of
safe performance of radiography, strict compliance with requirements,
all staff being complete and accurate in all communications, and all
staff understanding that engaging in any willful misconduct will not be
tolerated;
B. Retrain all employees regarding the revisions to the O&E manual;
C. Add a radiation safety component to the existing Corporate
Newsletter, to be issued at least quarterly, that will focus on
radiation safety updates, and have the front page of the first
newsletter issued following this NRC Confirmatory Order confirming
these commitments include a message from the QISI President which
emphasizes the importance of safe performance of radiography, strict
compliance with requirements, all staff being complete and accurate in
all communications, and all staff understanding that engaging in any
willful misconduct will not be tolerated;
D. Develop a video recording (DVD) that will be required viewing by
all company employees who are involved in any manner in activities
subject to NRC jurisdiction, and will also be placed on the QISI Web
site for employee viewing and access; the video will include opening
remarks by either the QISI President or the QISI Executive Vice
President providing the expectations set forth in the Corporate
Newsletter described in Item C;
E. Place the DVD referenced in Item D on the QISI public Web site,
and offer to make the DVD available for a presentation at a national
industry conference (e.g., American Society for Nondestructive
Testing);
F. Increase the audits of each of the radiographers working in
areas of NRC jurisdiction to three times annually for two years
following issuance of this Confirmatory Order, and have these audits
conducted by the Corporate RSO;
G. Include, as part of the next two NRC required annual reviews of
the radiation safety program, an inquiry (independent of the Corporate
RSO) of all radiographers working in NRC jurisdiction; ensure the
inquiry assesses the effectiveness of adherence to NRC requirements,
and implementation of the actions set forth above in Items V.A-V.F; and
use the inquiry to encourage all radiographers to raise any concerns
they have, and to do so anonymously if they so chose;
H. Complete the actions set forth in Items V.A-V.E within six
months of the date of this Confirmatory Order, and complete the actions
in Items V.F-V.G within two years of the date of this Confirmatory
Order;
I. Upon completion of the actions set forth in Items V.A-V.E, send
the NRC a letter, within 30 days, confirming that those actions have
been completed;
J. Upon completion of the actions set forth in Items V.F-V.G, send
the NRC another letter, within 30 days, confirming that those actions
have been completed; and,
K. Pay a civil penalty in the amount of $500, within 30 days of the
date of this Confirmatory Order.
The Regional Administrator, Region I, 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
[[Page 11612]]
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 ViewerTM to access the Electronic
Information Exchange (EIE), a component of the E-Filing system. The
Workplace Forms ViewerTM 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 electronic filing Help Desk can be contacted
by telephone at 1-866-672-7640 or by e-mail at MSHD.Resource@nrc.gov.
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, MD 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the 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 (the Licensee) 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.
For The Nuclear Regulatory Commission.
Dated this the 10th day of March 2009.
Marc L. Dapas,
Deputy Regional Administrator.
[FR Doc. E9-5812 Filed 3-17-09; 8:45 am]
BILLING CODE 7590-01-P