Shaw AREVA MOX Services, Aiken, SC; Confirmatory Order Modifying Construction Authorization (Effective Immediately), 64752-64754 [E9-29196]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64752-64754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29196]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-3098; NRC-2009-0540; Construction Authorization No. 
CAMOX-001; EA-09-117]


Shaw AREVA MOX Services, Aiken, SC; Confirmatory Order Modifying 
Construction Authorization (Effective Immediately)

I

    Shaw AREVA MOX Services (MOX Services or Licensee) is the holder of 
Construction Authorization No. CAMOX-001, issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 70 on 
March 30, 2005. The license authorizes the construction of a mixed-
oxide fuel fabrication facility in accordance with the conditions 
specified therein. The facility is located on the Department of 
Energy's Savannah River Site in Aiken, South Carolina.
    This Confirmatory Order is the result of an agreement reached 
during alternative dispute resolution (ADR) sessions conducted on 
October 8, 2009.

II

    On July 29, 2008, the NRC's Office of Investigations (OI) initiated 
an investigation to determine whether a former contractor employed as a 
Senior Structural Engineer (SSE) at the MOX facility deliberately 
directed or allowed a junior civil structural engineer (CSE) to sign 
his signature to vendor data review forms without identifying the CSE 
as the signer. The NRC's letter of July 29, 2009, documented an 
apparent violation of NRC requirements involving the former Senior 
Structural Engineer (SSE), who caused MOX Services to be in violation 
of 10 CFR 70.9, ``Completeness and accuracy of information.'' 
Specifically, the SSE directed or allowed a junior engineer to sign his 
signature on travelers, contrary to an Engineering Directive. Travelers 
are used as part of MOX Services' process to signify that field 
drawings match design drawings. Thirty-seven travelers were identified 
in which the signature may not have been provided in accordance with 
requirements.

III

    On October 8, 2009, the NRC and MOX Services met in an ADR session 
mediated by a professional mediator, which was arranged 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 or resolving any differences regarding 
their dispute. This confirmatory order is issued pursuant to the 
agreement reached during the ADR process. The elements of the agreement 
consist of the following:
    (1) As of the ADR meeting, the NRC continues to believe that a 
violation of 10 CFR 70.9 occurred.
    (2) MOX Services initially presumed the traveler signatures may 
have been inaccurate and implemented corrective actions and 
enhancements, as discussed below, to prevent similar incidents. Based 
on its internal investigation, MOX Services determined that it had an 
insufficient basis to conclude that inappropriate signatures were 
affixed to documents and that a violation occurred.
    (3) To prevent similar incidents, preclude future violations, and 
to address NRC concerns, MOX Services completed the following 
corrective actions and enhancements:
    a. Prompt initiation of a Condition Report, classified at 
Significance Level B;
    b. Prompt review of all affected drawings and travelers to verify 
changes were properly incorporated into the vendor drawings;
    c. Initiation of an investigation into the circumstances of the 
incident and identification of causal factors;
    d. Performance of an extent of condition review to confirm that the

[[Page 64753]]

issue was limited to the 37 travelers in question;
    e. Review of the document type thought to be most susceptible to a 
similar cause (no additional examples were identified);
    f. Issuance of a formal memorandum to all Engineering personnel to 
remind them of the requirements of Engineering Directive (ED) 17 
regarding delegation of signature authority;
    g. Revision to ED-17 to include examples of how to sign a delegated 
signature and to clearly state that delegation documents should be 
submitted to Document Control;
    h. Issuance of a new Management Policy MD-013 on Delegation of 
Signatures, which is applicable to all personnel who are assigned to 
and perform work on the MOX Services Project;
    i. The completion of Quality Assurance surveillance QA-09-0173, 
which reviewed vendor submittals, including drawing submittals, from 
contractors to assure each was properly identified, submitted, reviewed 
and approved, and to assure each was consistent with project 
commitments and the design basis;
    j. Performance of training for all MOX Services project personnel, 
including onsite contractors, on the definition and consequences 
associated with Material False Statements, and obligations as a signer 
of pertinent project records;
    k. The performance of a Safety Conscious Work Environment Survey in 
February 2008;
    l. Computer Based Training (CBT) on Safety Conscious Work 
Environment and other related Nuclear Safety Culture initiatives and 
attributes;
    m. Reiteration, via numerous means including an all-hands meeting 
with the MOX Services President, of avenues for raising safety concerns 
to all MOX Services Project employees.
    (4) MOX Services also agreed to additional corrective actions and 
enhancements by the end of calendar year 2010, and periodically 
thereafter at a frequency deemed appropriate by MOX Services, as fully 
delineated below:
    a. MOX Services agrees to perform periodic Quality Assurance (QA) 
assessments/surveillances of vendor submittals (including drawings) to 
ensure design requirements are properly implemented in the field 
through the life of the construction phase;
    b. MOX Services agrees to provide periodic CBT training to all MOX 
Services project personnel, including onsite contractors, on the 
definition and consequences associated with Material False Statements, 
and obligations as a signer of pertinent project records; and
    c. MOX Services agrees to perform periodic Safety Conscious Work 
Environment surveys through the life of the construction phase.
    (5) The NRC and MOX Services agree that the above elements will be 
incorporated into a Confirmatory Order. The resulting Confirmatory 
Order will be considered by the NRC for any future assessment of MOX 
Services, as appropriate.
    (6) MOX Services agrees to complete the items listed in Paragraph 
III.4 above by the end of calendar year 2010.
    (7) Within three months of completion of the terms of the 
Confirmatory Order (calendar year 2010), MOX Services will provide the 
NRC with a letter discussing its basis for concluding that the 
Confirmatory Order has been satisfied.
    (8) In consideration of the commitments delineated in Paragraphs 
III.3 and 4 above, the NRC agrees to refrain from proposing a civil 
penalty or issuing a Notice of Violation for all matters discussed in 
the NRC's letter to MOX Services of July 29, 2009 (EA-09-117).
    (9) This agreement is binding upon successors and assigns of MOX 
Services.
    On October 20, 2009, MOX Services consented to issuance of this 
Order with the commitments, as described in Section V below. The 
Licensee further agreed that this Order is to be effective upon 
issuance and that it has waived its right to a hearing.

IV

    Since MOX Services has completed the actions as delineated in 
Section III.3, and agreed to take the actions as set forth in Section 
V, the NRC has concluded that its concerns can be resolved through 
issuance of this Order.
    I find that MOX Services' 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 
MOX Services' commitments be confirmed by this Order. Based on the 
above and MOX Services' consent, this Order is immediately effective 
upon issuance.

V

    Accordingly, pursuant to Sections 51, 53, 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 70, It is hereby ordered, 
effective immediately, that construction authorization no. CAMOX-001 is 
modified as follows:
    (1) MOX Services agrees to perform periodic Quality Assurance (QA) 
assessments/surveillances of vendor submittals (including drawings) to 
ensure design requirements are properly implemented in the field 
through the life of the construction phase.
    (2) MOX Services agrees to provide periodic CBT training to all MOX 
Services project personnel, including onsite contractors, on the 
definition and consequences associated with Material False Statements, 
and obligations as a signer of pertinent project records.
    (3) MOX Services agrees to perform periodic Safety Conscious Work 
Environment surveys through the life of the construction phase.
    (4) MOX Services agrees to complete the actions identified in 
Section V above by the end of calendar year 2010.
    (5) Within three months of completion of the terms of the 
Confirmatory Order (calendar year 2010), MOX Services will provide the 
NRC with a letter discussing its basis for concluding that the 
Confirmatory Order has been satisfied.
    The Regional Administrator, NRC Region II, may relax or rescind, in 
writing, any of the above conditions upon a showing by MOX Services of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than MOX Services, 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 20555-0001, and include a statement of good cause for the extension.
    If a person other than MOX Services 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 a 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.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other

[[Page 64754]]

document filed in the proceeding prior to the submission of a request 
for hearing or petition to intervene, and documents filed by interested 
governmental entities participating under 10 CFR 2.315(c), must be 
filed in accordance with the NRC E-Filing rule, (72 FR 49139, Aug. 28, 
2007). The E-Filing process requires participants to submit and serve 
all adjudicatory documents over the internet, or in some cases to mail 
copies on electronic storage media. Participants may not submit paper 
copies of their filings unless they seek an exemption in accordance 
with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at (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 proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
https://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's on-line, Web-based submission form. In order 
to serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. 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 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 
E-Filing 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can 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 by contacting the NRC Meta-System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta-System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, 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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    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, or the 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, unless an NRC regulation or other law requires submission of 
such information. 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 submission.

VII

    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 24th day of November 2009.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Regional Administrator.
[FR Doc. E9-29196 Filed 12-7-09; 8:45 am]
BILLING CODE 7590-01-P