In the Matter of Precision Calibration & Testing Corporation, York, PA; Order Imposing Civil Monetary Penalty, 25287-25289 [E9-12254]

Download as PDF 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; VerDate Nov<24>2008 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. PO 00000 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 VerDate Nov<24>2008 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 Sfmt 4703 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
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