In the Matter of Precision Calibration & Testing Corporation, York, PA; Order Imposing Civil Monetary Penalty, 25287-25289 [E9-12254]
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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices
Whereas, The Commission found on [date]
that the program of the State for the
regulation of the materials covered by this
Agreement is compatible with the
Commission’s program for the regulation of
such materials and is adequate to protect
public health and safety; and,
Whereas, The State and the Commission
recognize the desirability and importance of
cooperation between the Commission and the
State in the formulation of standards for
protection against hazards of radiation and in
assuring that State and Commission programs
for protection against hazards of radiation
will be coordinated and compatible; and,
Whereas, The Commission and the State
recognize the desirability of the reciprocal
recognition of licenses, and of the granting of
limited exemptions from licensing of those
materials subject to this Agreement; and,
Whereas, This Agreement is entered into
pursuant to the provisions of the Act;
Now, therefore, It is hereby agreed between
the Commission and the Governor of the
State acting on behalf of the State as follows:
erowe on PROD1PC63 with NOTICES
Article I
Subject to the exceptions provided in
Articles II, IV, and V, the Commission shall
discontinue, as of the effective date of this
Agreement, the regulatory authority of the
Commission in the State under Chapters 6, 7,
and 8, and Section 161 of the Act with
respect to the following materials:
1. Byproduct materials as defined in
Section 11e.(1) of the Act;
2. Byproduct materials as defined in
Section 11e.(3) of the Act;
3. Byproduct materials as defined in
Section 11e.(4) of the Act;
4. Source materials;
5. Special nuclear materials in quantities
not sufficient to form a critical mass;
6. The regulation of the land disposal of
byproduct, source, or special nuclear waste
materials received from other persons.
Article II
This Agreement does not provide for
discontinuance of any authority and the
Commission shall retain authority and
responsibility with respect to:
1. The regulation of the construction and
operation of any production or utilization
facility or any uranium enrichment facility;
2. The regulation of the export from or
import into the United States of byproduct,
source, or special nuclear material, or of any
production or utilization facility;
3. The regulation of the disposal into the
ocean or sea of byproduct, source, or special
nuclear materials waste as defined in the
regulations or orders of the Commission;
4. The regulation of the disposal of such
other byproduct, source, or special nuclear
materials waste as the Commission from time
to time determines by regulation or order
should, because of the hazards or potential
hazards thereof, not be disposed without a
license from the Commission;
5. The evaluation of radiation safety
information on sealed sources or devices
containing byproduct, source, or special
nuclear materials and the registration of the
sealed sources or devices for distribution, as
provided for in regulations or orders of the
Commission;
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15:23 May 26, 2009
Jkt 217001
6. The regulation of byproduct material as
defined in Section 11e.(2) of the Act.
Article III
With the exception of those activities
identified in Article II, paragraphs 1 through
4, this Agreement may be amended, upon
application by the State and approval by the
Commission, to include one or more of the
additional activities specified in Article II,
whereby the State may then exert regulatory
authority and responsibility with respect to
those activities.
Article IV
Notwithstanding this Agreement, the
Commission may from time to time by rule,
regulation, or order, require that the
manufacturer, processor, or producer of any
equipment, device, commodity, or other
product containing source, byproduct, or
special nuclear material shall not transfer
possession or control of such product except
pursuant to a license or an exemption from
licensing issued by the Commission.
Article V
This Agreement shall not affect the
authority of the Commission under
Subsection 161b or 161i of the Act to issue
rules, regulations, or orders to protect the
common defense and security, to protect
restricted data, or to guard against the loss or
diversion of special nuclear material.
Article VI
The Commission will cooperate with the
State and other Agreement States in the
formulation of standards and regulatory
programs of the State and the Commission for
protection against hazards of radiation and to
assure that Commission and State programs
for protection against hazards of radiation
will be coordinated and compatible.
The State agrees to cooperate with the
Commission and other Agreement States in
the formulation of standards and regulatory
programs of the State and the Commission for
protection against hazards of radiation and to
assure that the State’s program will continue
to be compatible with the program of the
Commission for the regulation of materials
covered by this Agreement.
The State and the Commission agree to
keep each other informed of proposed
changes in their respective rules and
regulations, and to provide each other the
opportunity for early and substantive
contribution to the proposed changes.
The State and the Commission agree to
keep each other informed of events,
accidents, and licensee performance that may
have generic implication or otherwise be of
regulatory interest.
Article VII
The Commission and the State agree that
it is desirable to provide reciprocal
recognition of licenses for the materials listed
in Article I licensed by the other party or by
any other Agreement State.
Accordingly, the Commission and the State
agree to develop appropriate rules,
regulations, and procedures by which such
reciprocity will be accorded.
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Frm 00074
Fmt 4703
Sfmt 4703
25287
Article VIII
The Commission, upon its own initiative
after reasonable notice and opportunity for
hearing to the State, or upon request of the
Governor of the State, may terminate or
suspend all or part of this Agreement and
reassert the licensing and regulatory
authority vested in it under the Act if the
Commission finds that (1) such termination
or suspension is required to protect public
health and safety, or (2) the State has not
complied with one or more of the
requirements of Section 274 of the Act.
The Commission may also, pursuant to
Section 274j of the Act, temporarily suspend
all or part of this Agreement if, in the
judgment of the Commission, an emergency
situation exists requiring immediate action to
protect public health and safety and the State
has failed to take necessary steps. The
Commission shall periodically review actions
taken by the State under this Agreement to
ensure compliance with Section 274 of the
Act which requires a State program to be
adequate to protect public health and safety
with respect to the materials covered by this
Agreement and to be compatible with the
Commission’s program.
Article IX
This Agreement shall become effective on
[date], and shall remain in effect unless and
until such time as it is terminated pursuant
to Article VIII.
For the United States Nuclear Regulatory
Commission.
Gregory B. Jaczko,
Chairman.
For the State of New Jersey.
Jon S. Corzine,
Governor.
[FR Doc. E9–12260 Filed 5–26–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 03035282; License No. 37–
30546–01; EA–08–018, 08–019, 08–020;
NRC–2009–0216]
In the Matter of Precision Calibration &
Testing Corporation, York, PA; Order
Imposing Civil Monetary Penalty
I
In 2007, Precision Calibration &
Testing Corporation (PCT), was the
holder of a radiography License No. 37–
30545–01, issued by the Nuclear
Regulatory Commission (NRC) on
September 7, 2006. The License
authorized possession and storage of
radioactive material only in accordance
with the conditions specified therein.
II
During two NRC inspections
conducted from March 23 to August 24,
2007, and two investigations initiated
on June 13 and August 23, 2007, both
E:\FR\FM\27MYN1.SGM
27MYN1
25288
Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices
of which were completed on November
29, 2007, violations of NRC
requirements were identified. A written
Notice of Violation and Proposed
Imposition of Civil Penalty (Notice) was
served upon the Licensee by letter dated
July 9, 2008. The Notice states the
nature of the violations, the provisions
of the NRC’s requirements that the
Licensee violated, and the amount of the
civil penalty proposed for the
violations.
The Licensee responded to the Notice
in a letter dated August 18, 2008. In its
response, the Licensee disputed the
willful aspects of the violations and
requested mitigation of the associated
civil penalty. The results of the NRC
review of the Licensee’s letter is
described in the Appendix to this Order.
Further, the basis of this Order is set
forth in the Appendix to this Order.
III
After consideration of the Licensee’s
response and the statements of fact,
explanation, and argument for
mitigation contained therein, as well as
information gathered by the Office of
Investigations in assistance to the staff
(completed on February 20, 2009), the
NRC staff determined, as set forth in the
Appendix to this Order, the following:
(1) The violations occurred as stated,
with the exception that an example of
the failure to meet the requirements of
10 CFR 30.9 was not willful; and, (2) the
amount of the proposed penalty is
reduced to result in a civil penalty in
the amount of $3,250 that is imposed by
Order.
erowe on PROD1PC63 with NOTICES
IV
In view of the foregoing and pursuant
to Section 234 of the Atomic Energy Act
of 1954, as amended (Act), 42 U.S.C.
2282, and 10 CFR 2.205, it is hereby
ordered that:
The Licensee, within 30 days of the
date of this Order shall either (1) pay a
civil penalty in the amount of $3,250, in
accordance with NUREG/BR–0254; or
(2) contact the NRC Office of the Chief
Financial Officer to arrange payment in
installments over an established time
period. In addition, at the time payment
is made, the licensee shall submit a
statement indicating when and by what
method payment was made, to the
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852–2738.
V
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
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15:23 May 26, 2009
Jkt 217001
30 days of its issuance. In addition, the
Licensee and any other person adversely
affected by this Order may request a
hearing on this Order within 30 days of
its issuance. Where good cause is
shown, consideration will be given to
extending the time to answer or request
a hearing. A request for extension of
time must be directed to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, and include a
statement of good cause for the
extension.
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).
If a hearing is requested by a Licensee
or a person whose interest is adversely
affected, the Commission will issue an
Order designating the time and place of
any hearings. If a hearing is held, the
issue to be considered at such hearing
shall be whether this Order should be
sustained. Pursuant to 10 CFR
2.202(c)(2)(i), the Licensee, or any other
person adversely affected by this Order,
may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error. 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 IV above
shall be final 30 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 IV
shall be final when the extension
expires if a hearing request has not been
received. An answer or a request for
hearing shall not stay the immediate
effectiveness of this Order. If payment
has not been made by that time, the
matter may be referred to the Attorney
General, for collection.
In the event the Licensee requests a
hearing as provided above, the issue to
be considered at such hearing shall be:
(a) Whether the Licensee is in
violation of the Commission’s
requirements as set forth in the Notice
of Violation referenced in Section II
above, and as set forth in the Appendix
to this Order; and,
(b) Whether, on the basis of such
violations and the additional violations
set forth in the Notice of Violation that
the Licensee admitted, this Order
should be sustained.
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
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 (866) 672–7640, 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 TM 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
E:\FR\FM\27MYN1.SGM
27MYN1
erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices
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
MHSD.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, Maryland 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.
Dated this 19th day of May 2009.
VerDate Nov<24>2008
15:23 May 26, 2009
Jkt 217001
For the Nuclear Regulatory Commission.
Cynthia Carpenter,
Director, Office of Enforcement.
[FR Doc. E9–12254 Filed 5–26–09; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
Data Collection Available for Public
Comments and Recommendations
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
July 27, 2009.
ADDRESSES: Send all comments
regarding whether these information
collections are necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Cynthia Pitts, Administrative Officer,
Office of Disaster Assistance, Small
Business Administration, 409 3rd Street,
6th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Cynthia Pitts, Administrative Officer,
Office of Disaster Assistance, 202–205–
7570, cynthia.pitts@sba.gov, Curtis B.
Rich, Management Analyst, 202–205–
7030, curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION: This form
is used to determine application for
benefits (loan) used to determine
eligibility and creditworthiness of
victims who seek Federal assistance to
implement pre-disaster mitigation
efforts.
Title: ‘‘Pre-Disaster Mitigation Loan
Application.’’
Description of Respondents: Small
Business Lending Companies.
Form Number: 5M.
Annual Responses: 5,000.
Annual Burden: 32.
25289
Annual Burden: 815.
Addresses: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Bryan Hooper, Director, Office of Lender
Oversight, Small Business
Administration, 409 3rd Street, 8th
Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Bryan Hooper, Director, Office of Lender
Oversight, 202–205–3049,
bryan.hooper@sba.gov, Curtis B. Rich,
Management Analyst, 202–205–7030,
curtis.rich@sba.gov.
Supplementary Information
The information collected through
these forms from the small business
applications and participating lenders
will be used to determine eligibility and
to properly evaluate the merits of each
loan request based on each criteria as
character, capacity, credit collateral, etc.
for the purpose of extending credit
under the 7(a) loan program.
Title: ‘‘Lender Advantage.’’
Description of Respondents: 7(a)
Lenders.
Form Number’s: 2301, A, B, C.
Annual Responses: 4,000.
Annual Burden: 20,000.
Addresses: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collection, to
Linda Roberts, Director, Office of
Security Operations, Small Business
Administration, 409 3rd Street, 5th
Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Linda Roberts, Director, Office of
Security Operations, 202–205–6223,
linda.roberts@sba.gov, Curtis B. Rich,
Management Analyst, 202–205–7030,
curtis.rich@sba.gov.
Supplementary Information
Supplementary Information
SBA Form 700 provides a record of
interviews for disaster assistance from
SBA or administratively declared
disasters, and for some victims in
Presidential declared disasters.
Title: ‘‘Disaster Home/Business Loan
Iniquity Record.’’
Description of Respondents: Disaster
Victims.
Form Number: 700.
Annual Responses: 3,261.
The form is used to collect
information needed to make character
determinations with respect to applicant
for monetary loan assistance or
applicants for participation in SBA
programs. The information collected is
used to conduct name checks looking
for criminal records at the national (FBI)
and local levels.
Title: ‘‘Statement of Personal
History.’’
PO 00000
Frm 00076
Fmt 4703
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E:\FR\FM\27MYN1.SGM
27MYN1
Agencies
[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25287-25289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12254]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 03035282; License No. 37-30546-01; EA-08-018, 08-019, 08-
020; NRC-2009-0216]
In the Matter of Precision Calibration & Testing Corporation,
York, PA; Order Imposing Civil Monetary Penalty
I
In 2007, Precision Calibration & Testing Corporation (PCT), was the
holder of a radiography License No. 37-30545-01, issued by the Nuclear
Regulatory Commission (NRC) on September 7, 2006. The License
authorized possession and storage of radioactive material only in
accordance with the conditions specified therein.
II
During two NRC inspections conducted from March 23 to August 24,
2007, and two investigations initiated on June 13 and August 23, 2007,
both
[[Page 25288]]
of which were completed on November 29, 2007, violations of NRC
requirements were identified. A written Notice of Violation and
Proposed Imposition of Civil Penalty (Notice) was served upon the
Licensee by letter dated July 9, 2008. The Notice states the nature of
the violations, the provisions of the NRC's requirements that the
Licensee violated, and the amount of the civil penalty proposed for the
violations.
The Licensee responded to the Notice in a letter dated August 18,
2008. In its response, the Licensee disputed the willful aspects of the
violations and requested mitigation of the associated civil penalty.
The results of the NRC review of the Licensee's letter is described in
the Appendix to this Order. Further, the basis of this Order is set
forth in the Appendix to this Order.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein, as
well as information gathered by the Office of Investigations in
assistance to the staff (completed on February 20, 2009), the NRC staff
determined, as set forth in the Appendix to this Order, the following:
(1) The violations occurred as stated, with the exception that an
example of the failure to meet the requirements of 10 CFR 30.9 was not
willful; and, (2) the amount of the proposed penalty is reduced to
result in a civil penalty in the amount of $3,250 that is imposed by
Order.
IV
In view of the foregoing and pursuant to Section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205,
it is hereby ordered that:
The Licensee, within 30 days of the date of this Order shall either
(1) pay a civil penalty in the amount of $3,250, in accordance with
NUREG/BR-0254; or (2) contact the NRC Office of the Chief Financial
Officer to arrange payment in installments over an established time
period. In addition, at the time payment is made, the licensee shall
submit a statement indicating when and by what method payment was made,
to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852-2738.
V
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order within 30 days of its issuance. In addition, the Licensee and any
other person adversely affected by this Order may request a hearing on
this Order within 30 days of its issuance. Where good cause is shown,
consideration will be given to extending the time to answer or request
a hearing. A request for extension of time must be directed to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
and include a statement of good cause for the extension.
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).
If a hearing is requested by a Licensee or a person whose interest
is adversely affected, the Commission will issue an Order designating
the time and place of any hearings. If a hearing is held, the issue to
be considered at such hearing shall be whether this Order should be
sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, or any
other person adversely affected by this Order, may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error. 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 IV above shall
be final 30 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 IV shall be final when
the extension expires if a hearing request has not been received. An
answer or a request for hearing shall not stay the immediate
effectiveness of this Order. If payment has not been made by that time,
the matter may be referred to the Attorney General, for collection.
In the event the Licensee requests a hearing as provided above, the
issue to be considered at such hearing shall be:
(a) Whether the Licensee is in violation of the Commission's
requirements as set forth in the Notice of Violation referenced in
Section II above, and as set forth in the Appendix to this Order; and,
(b) Whether, on the basis of such violations and the additional
violations set forth in the Notice of Violation that the Licensee
admitted, this Order should be sustained.
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 (866) 672-7640, 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 \TM\ 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
[[Page 25289]]
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 MHSD.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, Maryland 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.
Dated this 19th day of May 2009.
For the Nuclear Regulatory Commission.
Cynthia Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-12254 Filed 5-26-09; 8:45 am]
BILLING CODE 7590-01-P