Magna Chek, Inc., Madison Heights, MI; Confirmatory Order; Effective Immediately, 57350-57352 [E9-26682]

Download as PDF erowe on DSK5CLS3C1PROD with NOTICES 57350 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Notices identified even if lost or damaged. Also, the registration program ensures that general licensees are aware of and understand the requirements for the possession, use and disposal of devices containing byproduct material. Greater awareness helps to ensure that general licensees will comply with the regulatory requirements for proper handling and disposal of generally licensed devices and would reduce the potential for incidents that could result in unnecessary radiation exposure to the public and contamination of property. Submit, by January 4, 2010, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology. A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, Maryland 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doccomment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC–2009–0454. You may submit your comments by any of the following methods. Electronic comments: Go to https:// www.regulations.gov and search for Docket No. NRC–2009–0454. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T–5F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell, (T–5F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by telephone at 301– 415–6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV. VerDate Nov<24>2008 14:57 Nov 04, 2009 Jkt 220001 Dated at Rockville, Maryland, this 30th day of October 2009. For the Nuclear Regulatory Commission, Christopher Colburn, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E9–26686 Filed 11–4–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0484; Docket No. 030–18632; License No. 21–19111–02; EA–09–016] Magna Chek, Inc., Madison Heights, MI; Confirmatory Order; Effective Immediately I Magna Chek, Inc., (Magna Chek or licensee) is the holder of Materials License No. 21–19111–02 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 30 on May 20, 1985. The license currently authorizes Magna Chek to store radioactive sources at its permanent facility in Warren, Michigan. This Confirmatory Order is the result of an agreement reached during Alternative Dispute Resolution (ADR) mediation sessions conducted on August 4 and September 16, 2009. II On May 1, 2008, the NRC conducted an onsite inspection at the Magna Chek storage location in Warren, Michigan. The purpose of the inspection was to review the corrective actions taken by Magna Chek in response to a Notice of Violation issued on December 19, 2007 (EA–09–260 and EA–09–265). As a result of the inspection observations, the NRC Office of Investigations (OI) initiated an investigation (OI Case No. 3–2008–017). Based on the evidence developed during the inspection and investigation, the NRC identified apparent security violations of NRC requirements. The violations are described in the Appendix to this Order. (The Appendix includes SecurityRelated information; therefore, it is not publicly available.) The results of the investigation completed on December 30, 2008, were sent to Magna Chek in a letter dated April 1, 2009. This letter offered Magna Chek the opportunity either to participate in ADR mediation or to attend a Predecisional Enforcement Conference. In response to the NRC’s offer, Magna Chek requested use of the NRC’s ADR process to resolve the differences it had with the NRC. On PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 May 11, 2009, the NRC and Magna Chek agreed to mediate. On August 4, 2009, the NRC and Magna Chek participated in an ADR session mediated by a professional mediator, arranged through the Cornell University Institute on Conflict Resolution. Following that session, the NRC and Magna Chek agreed to a second ADR session, which occurred on September 16, 2009. As used by the NRC, ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. This confirmatory order is issued pursuant to the agreement reached during the ADR process. III During the August 4, 2009, ADR session, an interim agreement was reached where the licensee agreed to implement corrective actions, as described in the Appendix to this Order, prior to a second ADR session. The corrective actions include SecurityRelated information and, therefore, are not publicly available. During the September 16, 2009, ADR session, a preliminary settlement agreement was reached. The elements of the agreement consisted of the following: 1. Magna Chek will establish an escrow account with an initial value of $25,000 to cover the eventual disposal of all radioactive sources in its possession within 30 days of the date of the Confirmatory Order unless disposal of those sources has already occurred. The account will be established so that funds may be used only to cover costs directly associated with the packaging, transport, and disposal of the sources and no funds will be spent from the account without prior written approval from the NRC. Magna Chek will make deposits of $1000 by the 10th day of each month into the escrow account until disposal of the sources occurs. If Magna Chek is unable to make a deposit for any reason, it will notify the NRC within 10 days of the missed deposit. 2. Within 30 days of the date of the Order, Magna Chek will provide to the NRC documentation of the initial escrow account deposit. Magna Chek will provide to the NRC statements of the account every six months thereafter until disposal of the sources occurs. 3. Magna Chek will cooperate in full with the Department of Energy (DOE) and/or the Conference of Radiation Control Program Directors (CRCPD) to dispose of the sources. In conjunction with the disposal effort, Magna Chek will transfer ownership/possession of the sources to an entity to be specified by DOE or CRCPD. E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Notices 4. Magna Chek will provide to the NRC, within 30 days of the date of the Order, a letter from its financial institution as to the maximum amount of credit that the financial institution is willing to extend to Magna Chek. 5. Within 48 hours following disposal of each radioactive source, if not done all at one time, Magna Chek will inform the NRC of the disposal. Magna Chek will update the National Source Tracking System (NSTS) within 30 days. Magna Chek will submit a request for an amendment of its storage only license within 30 days. 6. Within 30 days of disposal of the last source, Magna Chek will submit an application to the NRC to terminate its license. 7. The NRC agrees not to pursue any further enforcement action in connection with the events described in the NRC’s April 1, 2009, letter to Magna Chek. This does not prohibit NRC from taking enforcement action in accordance with the NRC Enforcement Policy if Magna Chek commits a similar violation in the future or violates the Confirmatory Order. 8. Magna Chek agrees to continue to implement the corrective actions discussed in the Appendix to this Order. On September 30, 2009, Magna Chek consented to issuing this Order with the commitments, as described in Section V below. Magna Chek further agreed that this Order is to be effective upon issuance and that it has waived its right to a hearing. IV erowe on DSK5CLS3C1PROD with NOTICES Since Magna Chek has agreed to take additional actions to address NRC concerns, as set forth in Item III above, the NRC has concluded that its concerns can be resolved through issuance of this Order. I find that Magna Chek’s commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that Magna Chek’s commitments be confirmed by this Order. Based on the above and Magna Chek’s consent, this Order is immediately effective upon issuance. V Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202 and 10 CFR Part 30, it is hereby ordered, effective immediately: VerDate Nov<24>2008 14:57 Nov 04, 2009 Jkt 220001 1. Magna Chek shall establish an escrow account with an initial value of $25,000 to cover the eventual disposal of all radioactive sources in its possession within 30 days of the date of the Confirmatory Order unless disposal of those sources has already occurred. The account shall be established so that funds may be used only to cover costs directly associated with the packaging, transport, and disposal of the sources and no funds shall be spent from the account without prior written approval from the NRC. Magna Chek shall make deposits of $1000 by the 10th day of each month into the escrow account until disposal of the sources occurs. If Magna Chek is unable to make a deposit for any reason, it shall notify the NRC within 10 days of the missed deposit. 2. Within 30 days of the date of the Order, Magna Chek shall provide to the NRC documentation of the initial escrow account deposit. Magna Chek shall provide to the NRC statements of the account every six months thereafter until disposal of the sources occurs. 3. Magna Chek shall cooperate in full with the Department of Energy (DOE) and/or the Conference of Radiation Control Program Directors (CRCPD) to dispose of the sources. In conjunction with the disposal effort, Magna Chek shall transfer ownership/possession of the sources to an entity to be specified by DOE or CRCPD. 4. Magna Chek shall provide to the NRC, within 30 days of the date of the Order, a letter from its financial institution as to the maximum amount of credit that the financial institution is willing to extend to Magna Chek. 5. Within 48 hours following disposal of each radioactive source, if not done all at one time, Magna Chek shall inform the NRC of the disposal. Magna Chek shall update the National Source Tracking System (NSTS) within 30 days. Magna Chek shall submit a request for an amendment of its storage only license within 30 days. 6. Within 30 days of disposal of the last source, Magna Chek shall submit an application to the NRC to terminate its license. 7. Magna Chek shall continue to maintain the corrective actions discussed in the Appendix to this Order. 8. All documentation to be provided to the NRC shall be addressed to the Director, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Suite 210, Lisle, IL 60532. The Regional Administrator, Region III, NRC, may, in writing, relax or rescind any of the above conditions PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 57351 upon demonstration by Magna Chek of good cause. VI Any person adversely affected by this Confirmatory Order, other than Magna Chek, may request a hearing within 20 days of the Order’s 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 an extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and include a statement of good cause for the extension. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in the Federal Register on 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 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 https://www.nrc.gov/site-help/esubmittals/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/e- E:\FR\FM\05NON1.SGM 05NON1 erowe on DSK5CLS3C1PROD with NOTICES 57352 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Notices 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 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 https://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 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. VerDate Nov<24>2008 14:57 Nov 04, 2009 Jkt 220001 Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an Order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their works. If a person other than Magna Chek 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 27th day of October 2009. For the U.S. Nuclear Regulatory Commission. Cynthia D. Pederson, Deputy Regional Administrator, Region III. [FR Doc. E9–26682 Filed 11–4–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [IA–09–036; NRC–2009–0483] In the Matter of: Robert C. Robbirds; Order Prohibiting Involvement in NRCLicensed Activities (Effective Immediately) I Mr. Robert C. Robbirds was employed as a Nuclear Security Officer (NSO) at the Southern Nuclear Operating Company, Inc’s (SNC) Joseph M. Farley Nuclear Plant (FNP) (Licensee) in June of 2008. The Licensee is the holder of License Nos. NPF–2 (Unit 1) and NPF–8 (Unit 2), issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on June 25, 1977 and March 31, 1981, respectively, and both licenses were renewed on May 12, 2005. The licenses authorize the operation of the Farley Nuclear Plant (facility), Units 1 and 2, in accordance with the conditions specified therein. The facility is located on the Licensee’s site in Columbia, Alabama. II On March 5, 2009, an investigation was completed by the NRC’s Office of Investigations at the Licensee’s facility at Columbia, Alabama. The purpose of the investigation was to review the circumstances surrounding a fitness-forduty incident that occurred at the Licensee’s facility on June 27, 2008. The incident involved Mr. Robert C. Robbirds, an NSO at the time, who deliberately consumed alcohol for several hours prior to arriving for work at the facility, and entered the facility with alcohol concealed in bottles containing a mixture of alcohol and water. After Mr. Robbirds had been on duty as an armed responder inside the protected area for approximately five to six hours, he then consumed alcohol and was found shortly thereafter by Licensee personnel to be in an unresponsive state and not fit for duty. Title 10 of the Code of Federal Regulations (10 CFR 73.55(f) states that each guard, watchman or armed response individual on duty shall be capable of maintaining continuous communication with an individual in each continuously manned alarm station required by paragraph (e)(1) of this section, who shall be capable of calling for assistance from other guards, watchmen, and armed response personnel and from local law enforcement authorities. On June 27, 2008, Mr. Robbirds, an NSO at the Licensee’s facility, consumed alcohol E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Notices]
[Pages 57350-57352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26682]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2009-0484; Docket No. 030-18632; License No. 21-19111-02; EA-09-
016]


Magna Chek, Inc., Madison Heights, MI; Confirmatory Order; 
Effective Immediately

I

    Magna Chek, Inc., (Magna Chek or licensee) is the holder of 
Materials License No. 21-19111-02 issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission) pursuant to Title 10 of the Code of 
Federal Regulations (10 CFR), Part 30 on May 20, 1985. The license 
currently authorizes Magna Chek to store radioactive sources at its 
permanent facility in Warren, Michigan.
    This Confirmatory Order is the result of an agreement reached 
during Alternative Dispute Resolution (ADR) mediation sessions 
conducted on August 4 and September 16, 2009.

II

    On May 1, 2008, the NRC conducted an onsite inspection at the Magna 
Chek storage location in Warren, Michigan. The purpose of the 
inspection was to review the corrective actions taken by Magna Chek in 
response to a Notice of Violation issued on December 19, 2007 (EA-09-
260 and EA-09-265). As a result of the inspection observations, the NRC 
Office of Investigations (OI) initiated an investigation (OI Case No. 
3-2008-017). Based on the evidence developed during the inspection and 
investigation, the NRC identified apparent security violations of NRC 
requirements. The violations are described in the Appendix to this 
Order. (The Appendix includes Security-Related information; therefore, 
it is not publicly available.)
    The results of the investigation completed on December 30, 2008, 
were sent to Magna Chek in a letter dated April 1, 2009. This letter 
offered Magna Chek the opportunity either to participate in ADR 
mediation or to attend a Predecisional Enforcement Conference. In 
response to the NRC's offer, Magna Chek requested use of the NRC's ADR 
process to resolve the differences it had with the NRC. On May 11, 
2009, the NRC and Magna Chek agreed to mediate. On August 4, 2009, the 
NRC and Magna Chek participated in an ADR session mediated by a 
professional mediator, arranged through the Cornell University 
Institute on Conflict Resolution. Following that session, the NRC and 
Magna Chek agreed to a second ADR session, which occurred on September 
16, 2009. As used by the NRC, ADR is a process in which a neutral 
mediator with no decision-making authority assists the parties in 
reaching an agreement on resolving any differences regarding the 
dispute. This confirmatory order is issued pursuant to the agreement 
reached during the ADR process.

III

    During the August 4, 2009, ADR session, an interim agreement was 
reached where the licensee agreed to implement corrective actions, as 
described in the Appendix to this Order, prior to a second ADR session. 
The corrective actions include Security-Related information and, 
therefore, are not publicly available. During the September 16, 2009, 
ADR session, a preliminary settlement agreement was reached. The 
elements of the agreement consisted of the following:
    1. Magna Chek will establish an escrow account with an initial 
value of $25,000 to cover the eventual disposal of all radioactive 
sources in its possession within 30 days of the date of the 
Confirmatory Order unless disposal of those sources has already 
occurred. The account will be established so that funds may be used 
only to cover costs directly associated with the packaging, transport, 
and disposal of the sources and no funds will be spent from the account 
without prior written approval from the NRC. Magna Chek will make 
deposits of $1000 by the 10th day of each month into the escrow account 
until disposal of the sources occurs. If Magna Chek is unable to make a 
deposit for any reason, it will notify the NRC within 10 days of the 
missed deposit.
    2. Within 30 days of the date of the Order, Magna Chek will provide 
to the NRC documentation of the initial escrow account deposit. Magna 
Chek will provide to the NRC statements of the account every six months 
thereafter until disposal of the sources occurs.
    3. Magna Chek will cooperate in full with the Department of Energy 
(DOE) and/or the Conference of Radiation Control Program Directors 
(CRCPD) to dispose of the sources. In conjunction with the disposal 
effort, Magna Chek will transfer ownership/possession of the sources to 
an entity to be specified by DOE or CRCPD.

[[Page 57351]]

    4. Magna Chek will provide to the NRC, within 30 days of the date 
of the Order, a letter from its financial institution as to the maximum 
amount of credit that the financial institution is willing to extend to 
Magna Chek.
    5. Within 48 hours following disposal of each radioactive source, 
if not done all at one time, Magna Chek will inform the NRC of the 
disposal. Magna Chek will update the National Source Tracking System 
(NSTS) within 30 days. Magna Chek will submit a request for an 
amendment of its storage only license within 30 days.
    6. Within 30 days of disposal of the last source, Magna Chek will 
submit an application to the NRC to terminate its license.
    7. The NRC agrees not to pursue any further enforcement action in 
connection with the events described in the NRC's April 1, 2009, letter 
to Magna Chek. This does not prohibit NRC from taking enforcement 
action in accordance with the NRC Enforcement Policy if Magna Chek 
commits a similar violation in the future or violates the Confirmatory 
Order.
    8. Magna Chek agrees to continue to implement the corrective 
actions discussed in the Appendix to this Order.
    On September 30, 2009, Magna Chek consented to issuing this Order 
with the commitments, as described in Section V below. Magna Chek 
further agreed that this Order is to be effective upon issuance and 
that it has waived its right to a hearing.

IV

    Since Magna Chek has agreed to take additional actions to address 
NRC concerns, as set forth in Item III above, the NRC has concluded 
that its concerns can be resolved through issuance of this Order.
    I find that Magna Chek's commitments as set forth in Section V are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that public health and safety require that 
Magna Chek's commitments be confirmed by this Order. Based on the above 
and Magna Chek's consent, this Order is immediately effective upon 
issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR Part 30, it is hereby ordered, 
effective immediately:
    1. Magna Chek shall establish an escrow account with an initial 
value of $25,000 to cover the eventual disposal of all radioactive 
sources in its possession within 30 days of the date of the 
Confirmatory Order unless disposal of those sources has already 
occurred. The account shall be established so that funds may be used 
only to cover costs directly associated with the packaging, transport, 
and disposal of the sources and no funds shall be spent from the 
account without prior written approval from the NRC. Magna Chek shall 
make deposits of $1000 by the 10th day of each month into the escrow 
account until disposal of the sources occurs. If Magna Chek is unable 
to make a deposit for any reason, it shall notify the NRC within 10 
days of the missed deposit.
    2. Within 30 days of the date of the Order, Magna Chek shall 
provide to the NRC documentation of the initial escrow account deposit. 
Magna Chek shall provide to the NRC statements of the account every six 
months thereafter until disposal of the sources occurs.
    3. Magna Chek shall cooperate in full with the Department of Energy 
(DOE) and/or the Conference of Radiation Control Program Directors 
(CRCPD) to dispose of the sources. In conjunction with the disposal 
effort, Magna Chek shall transfer ownership/possession of the sources 
to an entity to be specified by DOE or CRCPD.
    4. Magna Chek shall provide to the NRC, within 30 days of the date 
of the Order, a letter from its financial institution as to the maximum 
amount of credit that the financial institution is willing to extend to 
Magna Chek.
    5. Within 48 hours following disposal of each radioactive source, 
if not done all at one time, Magna Chek shall inform the NRC of the 
disposal. Magna Chek shall update the National Source Tracking System 
(NSTS) within 30 days. Magna Chek shall submit a request for an 
amendment of its storage only license within 30 days.
    6. Within 30 days of disposal of the last source, Magna Chek shall 
submit an application to the NRC to terminate its license.
    7. Magna Chek shall continue to maintain the corrective actions 
discussed in the Appendix to this Order.
    8. All documentation to be provided to the NRC shall be addressed 
to the Director, Division of Nuclear Materials Safety, U.S. Nuclear 
Regulatory Commission, 2443 Warrenville Road, Suite 210, Lisle, IL 
60532.
    The Regional Administrator, Region III, NRC, may, in writing, relax 
or rescind any of the above conditions upon demonstration by Magna Chek 
of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Magna Chek, may request a hearing within 20 days of the Order's 
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 an extension of time must be directed to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, and include a statement of good cause for the extension.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in the Federal Register on 
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 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 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-

[[Page 57352]]

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 https://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 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an Order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their works.
    If a person other than Magna Chek 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 27th day of October 2009.

    For the U.S. Nuclear Regulatory Commission.
Cynthia D. Pederson,
Deputy Regional Administrator, Region III.
[FR Doc. E9-26682 Filed 11-4-09; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.