Confirmatory Order Modifying License (Effective Immediately), 42694-42697 [E9-20331]

Download as PDF 42694 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices to decide if the services and supplies received are covered by these programs and to assure that proper payment is made. For additional information, see related notice published at Volume 74 FR 10778 on March 12, 2009. Agency: Employment Standards Administration. Type of Review: Extension without change of a currently approved collection. Title of Collection: Authorization for Release of Medical Information (Black Lung Benefits). OMB Control Number: 1215–0057. Agency Form Number: CM–936. Affected Public: Individuals and households. Total Estimated Number of Respondents: 900. Total Estimated Annual Burden Hours: 75. Total Estimated Annual Costs Burden (does not include hour costs): $0. Description: The CM–936 is used to obtain the black lung claimant’s authorization for the Division of Coal Mine Workers’ Compensation to request medical evidence in support of the black lung claim. For additional information, see related notice published at Volume 74 FR 15005 on April 2, 2009. Darrin A. King, Departmental Clearance Officer. [FR Doc. E9–20272 Filed 8–21–09; 8:45 am] BILLING CODE 4510–CK–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective partially exclusive license may be granted unless, within fifteen (15) days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen (15) days of the date of this published notice will also be treated as objections to the grant of the contemplated exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office of Chief Counsel, NASA Langley Research Center, MS 141, Hampton, VA 23681; (757) 864– 9260 (phone), (757) 864–9190 (fax). FOR FURTHER INFORMATION CONTACT: Helen M. Galus, Patent Attorney, Office of Chief Counsel, NASA Langley Research Center, MS 141, Hampton, VA 23681; (757) 864–3227; Fax: (757) 864– 9190. Information about other NASA inventions available for licensing can be found online at http:// techtracs.nasa.gov/. Dated: August 18, 2009. Richard W. Sherman, Deputy General Counsel. [FR Doc. E9–20257 Filed 8–21–09; 8:45 am] [Notice (09–074)] Notice of Intent To Grant Partially Exclusive License BILLING CODE 7510–13–P National Aeronautics and Space Administration. ACTION: Notice of intent to grant a partially exclusive license. erowe on DSK5CLS3C1PROD with NOTICES AGENCY: NATIONAL ARCHIVES AND RECORDS ADMINISTRATION SUMMARY: This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license to practice the invention described and claimed in NASA Case Number LAR–16575–1 entitled ‘‘Device and Method for Connections Made Between a Crimp Connector and Wire,’’ U.S. Patent Number 7,181,942, to Sonicrimp, LLC having its principal place of business in Madison, Wisconsin. The field of use is limited to automated crimp equipment applications. The patent rights have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. VerDate Nov<24>2008 19:19 Aug 21, 2009 Jkt 217001 Renewal of Advisory Committee on Electronic Records Archives AGENCY: National Archives and Records Administration. ACTION: Notice of charter renewal. SUMMARY: This notice is published in accordance with the provisions of section 9(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C., App.) and advises of the renewal of the National Archives and Records Administration’s (NARA) Advisory Committee on Electronic Records Archives. In accordance with Office of Management and Budget (OMB) Circular A–135, OMB approved the inclusion of the Advisory Committee on Electronic Records Archives in NARA’s PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 ceiling of discretionary advisory committees. FOR FURTHER INFORMATION CONTACT: Mary Ann Hadyka, 301–837–1782. SUPPLEMENTARY INFORMATION: NARA has determined that the renewal of the Advisory Committee on Electronic Records Archives is in the public interest due to the expertise and valuable advice the Committee members provide on technical, mission, and service issues related to the Electronic Records Archives (ERA). NARA will use the Committee’s recommendations on issues related to the development, implementation, and use of the ERA system. NARA’s Committee Management Officer (CMO) is Mary Ann Hadyka. Dated: August 19, 2009. Adrienne C. Thomas, Acting Archivist of the United States. [FR Doc. E9–20392 Filed 8–21–09; 8:45 am] BILLING CODE 7515–01–P NATIONAL SCIENCE FOUNDATION Notice of Permits Issued Under the Antarctic Conservation Act of 1978 AGENCY: National Science Foundation. ACTION: Notice of permits issued under the Antarctic Conservation Act of 1978, Public Law 95541. SUMMARY: The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. SUPPLEMENTARY INFORMATION: On July 6, 2009, the National Science Foundation published a notice in the Federal Register of permit applications received. Permits were issued on August 17, 2009 to: Wayne Z. Trivelpiece, Permit No. 2010– 003; Scott Borg, Permit No. 2010–005; Mahlon C. Kennicutt, II, Permit No. 2010–006. Nadene G. Kennedy, Permit Officer. [FR Doc. E9–20180 Filed 8–21–09; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0368; EA–06–140] Confirmatory Order Modifying License (Effective Immediately) E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices In the Matter of: United States Enrichment Corporation, Paducah Gaseous Diffusion Plant, Paducah Kentucky ............................. United States Enrichment Corporation, Portsmouth Gaseous Diffusion Plant, Piketon, Ohio ................................. United States Enrichment Corporation, Inc., American Centrifuge Lead Cascade Facility, Piketon, Ohio .............. United States Enrichment Corporation, Inc., American Centrifuge Plant, Piketon, Ohio ......................................... I USEC Inc. is the holder of Facility Operating License Nos. SNM–7003 and SNM–2011 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 70. License SNM–7003 was issued on February 24, 2004, and amended on October 30, 2008. License No SNM– 2011 was issued on April 13, 2007, and amended on July 14, 2009. The licenses authorize the operation of the American Centrifuge Plant and the American Centrifuge Lead Cascade Facility in accordance with the provisions therein. These facilities are located in Piketon, OH. The United States Enrichment Corporation (USEC), a subsidiary of USEC Inc., is the holder of NRC Certificates of Compliance (COC) No. GDP–1 and GDP–2 issued by the NRC pursuant to 10 CFR Part 76 on November 26, 1996, and renewed on December 22, 2008. The COC are set to expire on December 31, 2013. The certificates authorize USEC to operate the Paducah Gaseous Diffusion Plant (Paducah), located near Paducah, Kentucky, and the Portsmouth Gaseous Diffusion Plant (Portsmouth), located in Piketon, Ohio. The certificates also authorize USEC to receive, and other NRC licensees to transfer to USEC, byproduct material, source material, or special nuclear material to the extent permitted under the COC. This Confirmatory Order is the result of an agreement reached during the alternative dispute resolution (ADR) mediation session conducted on May 29, 2009. erowe on DSK5CLS3C1PROD with NOTICES II By letter dated January 9, 2009, the NRC informed USEC of the identification of an apparent violation of 10 CFR 76.7, ‘‘Employee protection.’’ The apparent violation was based on the United States Department of Labor (DOL) Administrative Review Board’s (ARB’s) August 19, 2008, Final Decision and Order (ARB Case Nos. 06–055, 06– 058, and 06–119) affirming a DOL Administrative Law Judge’s (ALJ) findings of fact and conclusions. Previously, on January 27, 2006, the VerDate Nov<24>2008 15:04 Aug 21, 2009 Jkt 217001 DOL ALJ issued a Proposed Decision and Order (ALJ Case No. 2004–ERA– 001), concluding that USEC retaliated against a former quality control manager at Paducah in violation of Section 211 of the Energy Reorganization Act of 1974, as amended (the ERA). USEC denied that it violated the ERA and appealed the ARB decision to the United States Court of Appeals for the Sixth Circuit. Although, at this time, there is no indication that the impact of the apparent violation is not isolated, the NRC is concerned that, in the absence of appropriate management actions, the ARB decision may ultimately have a broader impact on Paducah’s safety-conscious work environment (SCWE). In its January 9, 2009, letter to USEC, the NRC offered USEC the option of either providing a written response to the apparent violation, or requesting ADR through Cornell University’s Institute on Conflict Resolution. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement and resolving any differences regarding a dispute. This Confirmatory Order is issued pursuant to the agreement reached during the ADR process. III In response to the NRC’s letter of January 9, 2009, USEC chose to participate in ADR with the NRC. During the ADR session a preliminary settlement agreement was reached. The elements of the agreement consisted of the following: I. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to engage a third party to conduct an independent assessment of the SCWE at USEC’s Paducah site. Through this assessment, the Certificatee will benchmark the effectiveness of the key elements of its SCWE initiatives; look at industry best practices; modify or further develop the SCWE program; and develop an assessment tool to periodically evaluate the effectiveness of USEC’s Paducah SCWE program. II. Within 90 calendar days after completion of the assessment as PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 42695 Docket No. 070–07001 Certificate No. GDP–1 Docket No. 070–07002 Certificate No. GDP–2 Docket No. 070–07003 License No. SNM–7003 Docket No. 070–07004 License No. SNM–2011 referenced in paragraph I above, USEC shall make available to the NRC onsite: (a) A description of the tools/methods used to conduct the assessment including any survey questions; (b) The results of the assessment and USEC’s analysis of the results; and, (c) The proposed actions, if any, USEC will take to address the results of the assessment in order to ensure that a healthy SCWE exists at USEC’s Paducah site. III. No later 3 three years after the independent assessment performed in paragraph I above, USEC shall perform a second independent assessment of the SCWE at USEC’s Paducah site to determine the effectiveness of the SCWE program IV. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to develop, review and/or revise as appropriate, annual SCWE training (that includes case studies). USEC agrees to train the following management staff on SCWE principles within 15 months of the date of the Confirmatory Order and provide refresher training annually thereafter: (a) USEC Headquarters personnel, to include employees designated in the Safety Analysis Report (SAR) as having safety responsibilities for the gaseous diffusion plants, and USEC Headquarters Operations personnel; (b) American Centrifuge Plant (ACP) management; (c) American Centrifuge Lead Cascade Facility (ACLCF) management; (d) Paducah Gaseous Diffusion Plant (Paducah) management; (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and (f) USEC’s long-term contractor management who work at the ACP, ACLCF, Paducah, and Portsmouth facilities. In addition, within 3 months of hire or promotion, new USEC managers at the entities identified in (a) through (e) above will receive initial SCWE training. V. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to develop, review, and/or revise as appropriate, refresher SCWE training (that includes case studies) for non-management personnel. E:\FR\FM\24AUN1.SGM 24AUN1 42696 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices USEC agrees to train ACP, ACLCF, Paducah and Portsmouth plants’ nonmanagement employees, and USEC long-term contractors who work within the ACP, ACLCF, Paducah, and Portsmouth facilities on the topic of SCWE within 15 months of the date of the Confirmatory Order and provide refresher training every 2 years thereafter. VI. The terms of the Confirmatory Order apply to the successors and assigns of the Certificatee and Licensees. On July 30, 2009, USEC Inc. consented to issuance of this Confirmatory Order with the commitments, as described in Section V below. USEC Inc. further agreed that this Confirmatory Order is to be effective upon issuance and it has waived its right to a hearing. IV Since USEC Inc. 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 Confirmatory Order and thereby has agreed to exercise enforcement discretion and not pursue any further enforcement action for this issue in accordance with Section VII of the Enforcement Policy. I find that USEC Inc’s commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that the public health and safety require that the Licensee’s and Certificate holder’s commitments be confirmed by this Confirmatory Order. Based on the above and the Licensee’s and Certificate holder’s consent, this Confirmatory Order is immediately effective upon issuance. erowe on DSK5CLS3C1PROD with NOTICES V Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, 186 and 1710 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR Part 70, and 10 CFR Part 76, It is hereby ordered, effective immediately, that Certificates of Compliance No. GDP–1 and GDP–2, and License Nos. SNS–2011 and SNM–7003 are modified as follows: I. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to engage a third party to conduct an independent assessment of the SCWE at USEC’s Paducah site. Through this assessment, the Certificatee will benchmark the effectiveness of the key elements of its SCWE initiatives; look at industry best VerDate Nov<24>2008 15:04 Aug 21, 2009 Jkt 217001 practices; modify or further develop the SCWE program; and develop an assessment tool to periodically evaluate the effectiveness of USEC’s Paducah SCWE program. II. Within 90 calendar days after completion of the assessment as referenced in paragraph I above, USEC shall make available to the NRC onsite: (a) A description of the tools/methods used to conduct the assessment including any survey questions; (b) The results of the assessment and USEC’s analysis of the results; and, (c) The proposed actions, if any, USEC will take to address the results of the assessment in order to ensure that a healthy SCWE exists at USEC’s Paducah site. III. No later than 3 years after the independent assessment performed in paragraph I above, USEC shall perform a second independent assessment of the SCWE at USEC’s Paducah site to determine the effectiveness of the SCWE program. IV. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to develop, review and/or revise as appropriate, annual SCWE training (that includes case studies). USEC agrees to train the following management staff on SCWE principles within 15 months of the date of the Confirmatory Order and provide refresher training annually thereafter: (a) USEC Headquarters personnel, to include employees designated in the Safety Analysis Report (SAR) as having safety responsibilities for the gaseous diffusion plants, and USEC Headquarters Operations personnel; (b) American Centrifuge Plant (ACP) management; (c) American Centrifuge Lead Cascade Facility (ACLCF) management; (d) Paducah Gaseous Diffusion Plant (Paducah) management; (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and (f) USEC’s long-term contractor management who work at the ACP, ACLCF, Paducah, and Portsmouth facilities. In addition, within 3 months of hire or promotion, new USEC managers at the entities identified in (a) through (e) above will receive initial SCWE training. V. By no later than 180 calendar days after the issuance of the Confirmatory Order, USEC agrees to develop, review, and/or revise as appropriate, refresher SCWE training (that includes case studies) for non-management personnel. USEC agrees to train ACP, ACLCF, Paducah and Portsmouth plants’ nonmanagement employees, and USEC long-term contractors who work within PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 the ACP, ACLCF, Paducah, and Portsmouth facilities on the topic of SCWE within 15 months of the date of the Confirmatory Order and provide refresher training every 2 years thereafter. VI. The terms of the Confirmatory Order apply to the successors and assigns of the Certificatee and Licensees. The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon a showing by the Licensee or Certificate holder of good cause. VI In accordance with 10 CFR 2.202, any person adversely affected by this Confirmatory Order, other than USEC, Inc. which holds licenses SNM–7003 and SNM–2011 and its subsidiary, USEC, which holds certificates GDP–1 and GDP–2, may request a hearing within 20 days of its publication in the Federal Register. 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, 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 28, 2007 (72 FR 49139). The EFiling process requires participants to submit and serve documents over the Internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five (5) days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E–Submittal server for any NRC proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms 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 http://www.nrc.gov/site- E:\FR\FM\24AUN1.SGM 24AUN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate also is available on NRC’s public Web site at http://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 http://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 using the agency’s adjudicatory e-filing system may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. The Meta-System 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 VerDate Nov<24>2008 15:04 Aug 21, 2009 Jkt 217001 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 http:// 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 Certificate holder or 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 this Order is published in the Federal Register without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received. A request for hearing shall not stay the immediate effectiveness of this order. Dated this 13th day of August, 2009. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E9–20331 Filed 8–21–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 42697 NUCLEAR REGULATORY COMMISSION [Docket No. 030–34325; License No. 03– 23853–01VA; EA–08–353; NRC–2009–0367] In the Matter of National Health Physics Program, Department of Veterans Affairs, Veterans Health Administration, North Little Rock, AZ; Order Imposing Civil Monetary Penalty I The Department of Veterans Affairs (DVA: Licensee) is the holder of Master Materials License No. 03–23853–01VA issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 on March 17, 2003. The license authorizes the DVA to issue permits to individual DVA medical centers for the possession and use of licensed material, and ties the Licensee to a framework of oversight consistent with NRC regulations, inspection, enforcement policies, procedures, and guidance. II An inspection of the Licensee’s activities was conducted on November 18, 2008, with continued NRC in-office review through December 16, 2008, at the DVA Medical Center, Iowa City, Iowa (permittee). The results of this inspection indicated that the permittee had not conducted its activities in full compliance with NRC requirements. A written Notice of Violation and Proposed Imposition of Civil Penalty (Notice) was served upon the Licensee by letter dated April 10, 2009. The Notice states the nature of the violation, the provision of the NRC’s requirements that the Licensee violated, and the amount of the civil penalty proposed for the violation. The Licensee responded to the Notice in a letter dated May 4, 2009. In its response, the Licensee denied the violation and requested that the NRC withdraw the escalated enforcement citation, and remove the civil penalty. The Licensee provided a supplemental response on June 4, 2009, to clarify information provided in the May 4, 2009, response. In the supplemental letter, the Licensee disputed the Severity Level of the violation, based upon the new information provided. III After consideration of the Licensee’s responses and the statements of fact, explanation, and argument for mitigation contained therein, the NRC staff determined, as set forth in the nonpublicly available security related Appendix to this Order, that the E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42694-42697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20331]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0368; EA-06-140]


Confirmatory Order Modifying License (Effective Immediately)

[[Page 42695]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
In the Matter of:
  United States Enrichment          Docket No. 070-07001
   Corporation, Paducah Gaseous     Certificate No. GDP-1
   Diffusion Plant, Paducah
   Kentucky.
  United States Enrichment          Docket No. 070-07002
   Corporation, Portsmouth Gaseous  Certificate No. GDP-2
   Diffusion Plant, Piketon, Ohio.
  United States Enrichment          Docket No. 070-07003
   Corporation, Inc., American      License No. SNM-7003
   Centrifuge Lead Cascade
   Facility, Piketon, Ohio.
  United States Enrichment          Docket No. 070-07004
   Corporation, Inc., American      License No. SNM-2011
   Centrifuge Plant, Piketon, Ohio.
------------------------------------------------------------------------

I

    USEC Inc. is the holder of Facility Operating License Nos. SNM-7003 
and SNM-2011 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR Part 70. License SNM-7003 was issued on 
February 24, 2004, and amended on October 30, 2008. License No SNM-2011 
was issued on April 13, 2007, and amended on July 14, 2009. The 
licenses authorize the operation of the American Centrifuge Plant and 
the American Centrifuge Lead Cascade Facility in accordance with the 
provisions therein. These facilities are located in Piketon, OH.
    The United States Enrichment Corporation (USEC), a subsidiary of 
USEC Inc., is the holder of NRC Certificates of Compliance (COC) No. 
GDP-1 and GDP-2 issued by the NRC pursuant to 10 CFR Part 76 on 
November 26, 1996, and renewed on December 22, 2008. The COC are set to 
expire on December 31, 2013. The certificates authorize USEC to operate 
the Paducah Gaseous Diffusion Plant (Paducah), located near Paducah, 
Kentucky, and the Portsmouth Gaseous Diffusion Plant (Portsmouth), 
located in Piketon, Ohio. The certificates also authorize USEC to 
receive, and other NRC licensees to transfer to USEC, byproduct 
material, source material, or special nuclear material to the extent 
permitted under the COC.
    This Confirmatory Order is the result of an agreement reached 
during the alternative dispute resolution (ADR) mediation session 
conducted on May 29, 2009.

II

    By letter dated January 9, 2009, the NRC informed USEC of the 
identification of an apparent violation of 10 CFR 76.7, ``Employee 
protection.'' The apparent violation was based on the United States 
Department of Labor (DOL) Administrative Review Board's (ARB's) August 
19, 2008, Final Decision and Order (ARB Case Nos. 06-055, 06-058, and 
06-119) affirming a DOL Administrative Law Judge's (ALJ) findings of 
fact and conclusions. Previously, on January 27, 2006, the DOL ALJ 
issued a Proposed Decision and Order (ALJ Case No. 2004-ERA-001), 
concluding that USEC retaliated against a former quality control 
manager at Paducah in violation of Section 211 of the Energy 
Reorganization Act of 1974, as amended (the ERA). USEC denied that it 
violated the ERA and appealed the ARB decision to the United States 
Court of Appeals for the Sixth Circuit. Although, at this time, there 
is no indication that the impact of the apparent violation is not 
isolated, the NRC is concerned that, in the absence of appropriate 
management actions, the ARB decision may ultimately have a broader 
impact on Paducah's safety-conscious work environment (SCWE).
    In its January 9, 2009, letter to USEC, the NRC offered USEC the 
option of either providing a written response to the apparent 
violation, or requesting ADR through Cornell University's Institute on 
Conflict Resolution. ADR is a process in which a neutral mediator with 
no decision-making authority assists the parties in reaching an 
agreement and resolving any differences regarding a dispute. This 
Confirmatory Order is issued pursuant to the agreement reached during 
the ADR process.

III

    In response to the NRC's letter of January 9, 2009, USEC chose to 
participate in ADR with the NRC. During the ADR session a preliminary 
settlement agreement was reached. The elements of the agreement 
consisted of the following:
    I. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to engage a third party to conduct an 
independent assessment of the SCWE at USEC's Paducah site. Through this 
assessment, the Certificatee will benchmark the effectiveness of the 
key elements of its SCWE initiatives; look at industry best practices; 
modify or further develop the SCWE program; and develop an assessment 
tool to periodically evaluate the effectiveness of USEC's Paducah SCWE 
program.
    II. Within 90 calendar days after completion of the assessment as 
referenced in paragraph I above, USEC shall make available to the NRC 
onsite:
    (a) A description of the tools/methods used to conduct the 
assessment including any survey questions;
    (b) The results of the assessment and USEC's analysis of the 
results; and,
    (c) The proposed actions, if any, USEC will take to address the 
results of the assessment in order to ensure that a healthy SCWE exists 
at USEC's Paducah site.
    III. No later 3 three years after the independent assessment 
performed in paragraph I above, USEC shall perform a second independent 
assessment of the SCWE at USEC's Paducah site to determine the 
effectiveness of the SCWE program
    IV. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review and/or revise as 
appropriate, annual SCWE training (that includes case studies). USEC 
agrees to train the following management staff on SCWE principles 
within 15 months of the date of the Confirmatory Order and provide 
refresher training annually thereafter:
    (a) USEC Headquarters personnel, to include employees designated in 
the Safety Analysis Report (SAR) as having safety responsibilities for 
the gaseous diffusion plants, and USEC Headquarters Operations 
personnel;
    (b) American Centrifuge Plant (ACP) management;
    (c) American Centrifuge Lead Cascade Facility (ACLCF) management;
    (d) Paducah Gaseous Diffusion Plant (Paducah) management;
    (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and
    (f) USEC's long-term contractor management who work at the ACP, 
ACLCF, Paducah, and Portsmouth facilities.
    In addition, within 3 months of hire or promotion, new USEC 
managers at the entities identified in (a) through (e) above will 
receive initial SCWE training.
    V. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review, and/or revise as 
appropriate, refresher SCWE training (that includes case studies) for 
non-management personnel.

[[Page 42696]]

USEC agrees to train ACP, ACLCF, Paducah and Portsmouth plants' non-
management employees, and USEC long-term contractors who work within 
the ACP, ACLCF, Paducah, and Portsmouth facilities on the topic of SCWE 
within 15 months of the date of the Confirmatory Order and provide 
refresher training every 2 years thereafter.
    VI. The terms of the Confirmatory Order apply to the successors and 
assigns of the Certificatee and Licensees.
    On July 30, 2009, USEC Inc. consented to issuance of this 
Confirmatory Order with the commitments, as described in Section V 
below. USEC Inc. further agreed that this Confirmatory Order is to be 
effective upon issuance and it has waived its right to a hearing.

IV

    Since USEC Inc. 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 Confirmatory 
Order and thereby has agreed to exercise enforcement discretion and not 
pursue any further enforcement action for this issue in accordance with 
Section VII of the Enforcement Policy.
    I find that USEC Inc's commitments as set forth in Section V are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's and Certificate holder's commitments be confirmed 
by this Confirmatory Order. Based on the above and the Licensee's and 
Certificate holder's consent, this Confirmatory Order is immediately 
effective upon issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, 186 
and 1710 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, 10 CFR Part 70, and 10 CFR 
Part 76, It is hereby ordered, effective immediately, that Certificates 
of Compliance No. GDP-1 and GDP-2, and License Nos. SNS-2011 and SNM-
7003 are modified as follows:
    I. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to engage a third party to conduct an 
independent assessment of the SCWE at USEC's Paducah site. Through this 
assessment, the Certificatee will benchmark the effectiveness of the 
key elements of its SCWE initiatives; look at industry best practices; 
modify or further develop the SCWE program; and develop an assessment 
tool to periodically evaluate the effectiveness of USEC's Paducah SCWE 
program.
    II. Within 90 calendar days after completion of the assessment as 
referenced in paragraph I above, USEC shall make available to the NRC 
onsite:
    (a) A description of the tools/methods used to conduct the 
assessment including any survey questions;
    (b) The results of the assessment and USEC's analysis of the 
results; and,
    (c) The proposed actions, if any, USEC will take to address the 
results of the assessment in order to ensure that a healthy SCWE exists 
at USEC's Paducah site.
    III. No later than 3 years after the independent assessment 
performed in paragraph I above, USEC shall perform a second independent 
assessment of the SCWE at USEC's Paducah site to determine the 
effectiveness of the SCWE program.
    IV. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review and/or revise as 
appropriate, annual SCWE training (that includes case studies). USEC 
agrees to train the following management staff on SCWE principles 
within 15 months of the date of the Confirmatory Order and provide 
refresher training annually thereafter:
    (a) USEC Headquarters personnel, to include employees designated in 
the Safety Analysis Report (SAR) as having safety responsibilities for 
the gaseous diffusion plants, and USEC Headquarters Operations 
personnel;
    (b) American Centrifuge Plant (ACP) management;
    (c) American Centrifuge Lead Cascade Facility (ACLCF) management;
    (d) Paducah Gaseous Diffusion Plant (Paducah) management;
    (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and
    (f) USEC's long-term contractor management who work at the ACP, 
ACLCF, Paducah, and Portsmouth facilities.
    In addition, within 3 months of hire or promotion, new USEC 
managers at the entities identified in (a) through (e) above will 
receive initial SCWE training.
    V. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review, and/or revise as 
appropriate, refresher SCWE training (that includes case studies) for 
non-management personnel. USEC agrees to train ACP, ACLCF, Paducah and 
Portsmouth plants' non-management employees, and USEC long-term 
contractors who work within the ACP, ACLCF, Paducah, and Portsmouth 
facilities on the topic of SCWE within 15 months of the date of the 
Confirmatory Order and provide refresher training every 2 years 
thereafter.
    VI. The terms of the Confirmatory Order apply to the successors and 
assigns of the Certificatee and Licensees.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee or 
Certificate holder of good cause.

VI

    In accordance with 10 CFR 2.202, any person adversely affected by 
this Confirmatory Order, other than USEC, Inc. which holds licenses 
SNM-7003 and SNM-2011 and its subsidiary, USEC, which holds 
certificates GDP-1 and GDP-2, may request a hearing within 20 days of 
its publication in the Federal Register. 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, 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 28, 2007 (72 FR 
49139). The E-Filing process requires participants to submit and serve 
documents over the Internet or, in some cases, to mail copies on 
electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms 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 http://www.nrc.gov/site-

[[Page 42697]]

help/e-submittals/install-viewer.html. Information about applying for a 
digital ID certificate also is available on NRC's public Web site at 
http://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 http://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 using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link 
located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. The Meta-System 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, 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 
http://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 Certificate holder or 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 this Order is published in the Federal Register without further 
order or proceedings. If an extension of time for requesting a hearing 
has been approved, the provisions specified in Section V shall be final 
when the extension expires if a hearing request has not been received. 
A request for hearing shall not stay the immediate effectiveness of 
this order.

    Dated this 13th day of August, 2009.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-20331 Filed 8-21-09; 8:45 am]
BILLING CODE 7590-01-P