In the Matter of U.S. Department of Commerce, National Institute of Standards and Technology; Confirmatory Order Modifying License (Effective Immediately), 11942-11946 [2010-5431]
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Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
information collection; they also will
become a matter of public record.
Dated: March 9, 2010.
Suzanne Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2010–5444 Filed 3–11–10; 8:45 am]
BILLING CODE 7555–01–P
Conflict Resolution. Alternative dispute
resolution is a process in which a
neutral mediator with no decisionmaking 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
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–03732, License No. 05–
03166–05, EA–09–142, NRC–2010–0098]
In the Matter of U.S. Department of
Commerce, National Institute of
Standards and Technology;
Confirmatory Order Modifying License
(Effective Immediately)
I
The U.S. Department of Commerce’s
National Institute of Standards and
Technology (NIST or Licensee) is the
holder of Nuclear Regulatory
Commission (NRC or Commission)
Materials License 05–03166–05 issued
pursuant to 10 CFR Part 30 on December
19, 1966, and amended to include 10
CFR Parts 40 and 70 on April 19, 2007.
The license authorizes the operation of
the NIST-Boulder facility in accordance
with conditions specified therein. The
facility is located on the Licensee’s site
in Boulder, Colorado.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on January
5, 2010.
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II
On July 22, 2008, the NRC’s Office of
Investigations began an investigation
(Office of Investigations’ Case No. 4–
2008–062) into the circumstances
surrounding the June 9, 2008,
plutonium contamination event at
NIST-Boulder. A special inspection of
the contamination event was initiated
on June 11, 2008. Based on the evidence
developed during its investigation and
associated inspection, 10 apparent
violations were identified (summarized
in Section III below). In addition, the
NRC was concerned that willfulness
may have been associated with one of
those apparent violations. The results of
the investigation and inspection were
sent to NIST in a letter dated November
2, 2009. In response to NRC’s November
2, 2009, letter, NIST requested ADR to
resolve these issues.
On January 5, 2010, the NRC and
NIST met in an ADR session mediated
by a professional mediator, arranged
through Cornell University’s Institute on
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In response to the NRC’s offer, NIST
requested use of the NRC ADR process
to resolve issues associated with the 10
apparent violations identified by the
NRC. During that ADR session, a
preliminary settlement agreement was
reached. The elements of the agreement
consisted of the following:
Pursuant to the NRC Office of
Enforcement’s ADR program, the
following are the terms and conditions
agreed upon in principle by the U.S.
Department of Commerce, NIST, and the
NRC relating to NRC Inspection Report
030–03732/2008–001 issued by the NRC
to NIST on November 2, 2009.
Whereas, the NRC’s inspection and
investigation conducted between June
11, 2008, and November 2, 2009,
identified ten apparent violations of
NRC requirements;
Whereas, the ten apparent violations
involved were:
(1) The failure to provide complete
and accurate information to the
Commission;
(2) The failure to control and maintain
constant surveillance of licensed
material in a controlled area and not in
storage;
(3) The failure to secure from
unauthorized removal or limit access to
licensed materials stored in a controlled
area;
(4) The failure to provide radiation
safety training for all applicable
individuals;
(5) The failure to have a radiation
safety program sufficient to ensure that
occupational doses and doses to
members of the public were as low as
reasonably achievable;
(6) The failure to periodically audit
the radiation safety program content and
implementation;
(7) The failure to demonstrate that the
total effective dose equivalent to
individuals would not exceed the
annual dose limit for members of the
public;
(8) The failure to monitor the
occupational intake of plutonium by
radiation workers;
(9) The failure to limit receipt,
possession, and use of radioactive
material authorized on the NRC license;
and
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(10) The failure to assure that
servicing involving radioactive material
of a device was performed by a person
authorized to perform this activity.
Whereas, the NRC is concerned that
willfulness may be associated with one
apparent violation above;
Whereas, NRC acknowledges the
extensive corrective actions NIST has
already implemented associated with
the apparent violations, which include:
(1) Completing extensive, successful
decontamination of the NIST-Boulder
facility;
(2) Designating a new radiation safety
officer at NIST-Boulder;
(3) Designating a new radiation safety
officer at NIST-Gaithersburg;
(4) Establishing and filling a seniorlevel safety-executive position to
oversee the NIST central safety
organization;
(5) Reorganizing the central safety
organization so that both NIST-Boulder
and NIST-Gaithersburg report to the
safety executive;
(6) Providing additional resources to
the NIST central safety organization,
including resources for additional staff
and equipment for health physics;
(7) Establishing and filling a senior
safety-management position to oversee
the safety organization at NIST-Boulder;
(8) Establishing and filling a seniorlevel research-director position at NIST–
Boulder with local line-management
responsibility for the safety of all
laboratory activities at NIST–Boulder;
(9) Establishing and filling a new
executive-level site-manager position at
NIST–Boulder to coordinate safety,
emergency preparedness, and security
for the entire Department of Commerce’s
Boulder site and to help ensure that the
safety functions needed by NIST–
Boulder are provided effectively and
efficiently by the safety office in
Boulder;
(10) Improving the safety culture of
NIST by communicating individual and
management responsibility for safety,
providing staff with the tools needed to
understand how to protect themselves
and those around them, and creating
safer workplaces;
(11) Establishing and implementing a
new NIST-wide policy on hazard
analysis and control, including
requirements related to emergency
planning; and
(12) Undertaking additional efforts to
further evaluate and improve the safety
culture at NIST.
Whereas, the NRC acknowledges
NIST took the following additional
actions to address issues identified by
the city of Boulder, Colorado:
(1) Updating the inventory of and
properly disposing of unused chemicals;
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(2) Developing an emergency
notification checklist and
communication plan;
(3) Developing a standard operating
procedure for reporting hazardous
material releases; and
(4) Developing and implementing a
worksite training program for
preventing and reporting releases,
which included training approximately
500 people.
Whereas, during subsequent
inspections after June 2008, the NRC
found no safety-significant violations;
Whereas, these terms and conditions
shall not be binding on either party
until memorialized in a Confirmatory
Order issued by the NRC to NIST
relating to this matter;
Therefore, the parties agree to the
following terms and conditions:
(1) NIST shall contract with an
independent consultant to evaluate the
effectiveness of its radiation safety
programs for licenses SNM–362 and 05–
03166–05.
(a) Within 90 days of the date of this
Confirmatory Order, NIST shall submit
to the Director, Division of Nuclear
Materials Safety, U.S. NRC, Region IV,
for approval, a proposed statement of
work and the selection criteria,
including the qualifications, for an
independent consultant(s) to review and
evaluate NIST’s radiation safety
programs.
(b) Within 120 days of NRC’s approval
of the statement of work and the
selection criteria, the consultant’s
assessment plan shall be submitted to
the Director, Division of Nuclear
Materials Safety, U.S. NRC, Region IV,
for review and approval. In the event
that NIST requires an extension of time
to submit the assessment plan to NRC,
a request for extension shall be
submitted to the U.S. NRC Region IV
Regional Administrator.
(c) Within 30 days of the NRC’s
approval of the consultant’s assessment
plan, the consultant shall commence an
assessment of NIST’s radiation safety
programs.
(d) Within 120 days following the
approval of the consultant’s assessment
plan, the consultant shall provide NIST
a final report discussing its findings and
recommendations for program
improvements. At the same time the
consultant provides its final report to
NIST, the consultant shall send a copy
to the Director, Division of Nuclear
Materials Safety, U.S. NRC, Region IV.
(e) Within 90 days of receiving the
consultant’s final report, NIST shall
provide the Director, Division of
Nuclear Materials Safety, U.S. NRC,
Region IV, in writing, its determination
of how it will address the consultant’s
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findings and recommendations. In its
correspondence to the NRC, NIST shall
identify which of the consultant’s
findings and recommendations it will
implement and the time frame in which
it will implement the findings and
recommendations. For those findings
and recommendations NIST does not
accept, NIST shall provide the NRC
with its justification.
(2) Forthe years 2010–2014, NIST
shall send a copy of its required annual
audit results to the Director, Division of
Nuclear Materials Safety, U.S. NRC,
Region IV, for licenses SNM–362 and
05–03166–05, within 30 days of
receiving the final audit report.
(3) Within 120 days from the date of
this Confirmatory Order, NIST shall
develop and implement a procedure for
the indoctrination of new employees
and associates with regard to general
radiation safety policy and procedures.
(4) NIST shall incorporate the ten
elements below into its initial training
and refresher training provided to NIST
employees and associates who are
assigned duties involving work with
licensed material; initially, all such
individuals shall receive training by
December 31, 2010, irrespective of
NIST’s internal training schedule:
(a) A review of the June 9, 2008,
plutonium spill event;
(b) A review of the consequences of
and the potential actions that NRC may
take against an individual for willful
violations of NRC requirements;
(c) Lessons learned from the
circumstances surrounding each of the
apparent violations identified by the
NRC in its November 2, 2009, letter;
(d) A review of NRC requirements and
NIST’s license conditions (as
applicable);
(e) A review of NIST’s operating and
emergency procedures;
(f) Security and access controls for
radioactive materials;
(g) Instructions to workers in
accordance with 10 CFR 19.12 (as
applicable);
(h) As low as reasonably achievable
controls, procedures, and practices;
(i) Requirements for acquiring
radioactive materials; and
(j) The NIST radiation safety program
policy.
Training shall include a method to
measure the mastery of training
objectives. Records of training for all
individuals shall be maintained for 5
years.
(5) Within 120 days of the date of this
order, NIST shall submit a license
amendment request incorporating the
following:
The deletion of all specifically
licensed radionuclides currently listed
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11943
on the NIST–Boulder NRC license that
NIST no longer plans to possess or use.
(6) Within 120 days from the date of
this order, NIST shall develop and
implement a formal radiation hazard
analysis process that requires
confirmation that the requirements of
the hazard analysis have been addressed
prior to the commencement of work.
The process shall also ensure that
guidance, if any, provided by the
manufacturer/distributor of radioactive
material is appropriately reflected in
operating and emergency procedures.
(7) Licenses 05–03166–05 and SNM–
362 are modified in accordance with the
requirements of the order. As such, in
the event of the transfer of either NRC
license by NIST, the requirements of
this Confirmatory Order shall survive
any such transfer and shall be binding
on the new license holder.
(8) NIST shall revise the NIST
Ionizing Radiation Safety Committee
charter to require the committee to
review, for completeness and accuracy,
all of the following for licenses 05–
03166–05 and SNM–362: applications
for license amendments, responses to
requests for additional information,
licensee event reports, and responses to
notices of violation. This revision shall
be completed no later than 30 days
following the date of this Confirmatory
Order.
(9) NIST shall revise the NIST
radiation safety program policy to
indicate that all individuals interacting
with the NRC shall provide information
that is complete and accurate in all
material respects. The revision shall be
completed no later than June 30, 2010.
(10) NIST shall clearly and
unambiguously define the process for
acquiring radioactive materials. This
process shall be implemented within 90
days of the date of this Confirmatory
Order.
(11) In consideration of the above
actions on the part of NIST, NRC agrees
to limit the civil penalty amount in this
enforcement action to $10,000.
Accordingly, within 60 days of the date
of this Confirmatory Order, NIST shall
pay the civil penalty of $10,000 in
accordance with NUREG/BR–0254 and
submit to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, a
statement indicating when and by what
method payment was made.
(12) The NRC agrees not to pursue any
further enforcement action against
license 05–03166–05 in connection with
the NRC’s November 2, 2009, letter to
NIST and will not count this matter as
previous enforcement for the purposes
of assessing potential future
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that NIST requires an extension of time
to submit the assessment plan to NRC,
a request for extension shall be
submitted to the Regional
Administrator, NRC Region IV.
(c) Within 30 days of the NRC’s
approval of the consultant’s assessment
plan, the consultant shall commence an
assessment of NIST’s radiation safety
programs.
(d) Within 120 days following the
approval of the consultant’s assessment
plan, the consultant shall provide NIST
a final report discussing its findings and
recommendations for program
improvements. At the same time the
IV
consultant provides its final report to
Since the licensee has agreed to take
NIST, the consultant shall send a copy
additional actions to address NRC
to the Director, Division of Nuclear
concerns, as set forth in Item III above,
Materials Safety, U.S. NRC, Region IV.
the NRC has concluded that its concerns
(e) Within 90 days of receiving the
can be resolved through issuance of this consultant’s final report, NIST shall
Confirmatory Order.
provide the Director, Division of
I find that the Licensee’s
Nuclear Materials Safety, U.S. NRC,
commitments as set forth in Section V
Region IV, in writing, its determination
are acceptable and necessary and
of how it will address the consultant’s
conclude that with these commitments
findings and recommendations. In its
the public health and safety are
correspondence to the NRC, NIST shall
reasonably assured. In view of the
identify which of the consultant’s
foregoing, I have determined that public
findings and recommendations it will
health and safety require that the
implement and the time frame in which
Licensee’s commitments be confirmed
it will implement the findings and
by this Confirmatory Order. Based on
recommendations. For those findings
the above and the Licensee’s consent,
and recommendations NIST does not
this Confirmatory Order is immediately
accept, NIST shall provide the NRC
effective upon issuance.
with its justification.
V
(2) For the years 2010–2014, NIST
shall send a copy of its required annual
Accordingly, pursuant to Sections 81,
audit results to the Director, Division of
161b, 161i, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended, Nuclear Materials Safety, U.S. NRC,
Region IV, for licenses SNM–362 and
and the Commission’s regulations in 10
05–03166–05, within 30 days of
CFR 2.202 and 10 CFR Parts 30, 31, 32,
33, 34, 35, 36, 39, 40, and 70, it is hereby receiving the final audit report.
(3) Within 120 days from the date of
ordered, effective immediately, that
licenses 05–03166–05 and SNM–362 are this Confirmatory Order, NIST shall
develop and implement a procedure for
modified as follows:
the indoctrination of new employees
(1) NIST shall contract with an
and associates with regard to general
independent consultant to evaluate the
radiation safety policy and procedures.
effectiveness of its radiation safety
(4) NIST shall incorporate the ten
programs for licenses SNM–362 and 05–
elements below into its initial training
03166–05.
and refresher training provided to NIST
(a) Within 90 days of the date of this
employees and associates who are
Confirmatory Order, NIST shall submit
assigned duties involving work with
to the Director, Division of Nuclear
licensed material; initially, all such
Materials Safety, U.S. NRC, Region IV,
individuals shall receive training by
for approval, a proposed statement of
December 31, 2010, irrespective of
work and the selection criteria,
NIST’s internal training schedule:
including the qualifications, for an
(a) A review of the June 9, 2008,
independent consultant(s) to review and
plutonium spill event;
evaluate NIST’s radiation safety
(b) A review of the consequences of
programs.
(b) Within 120 days of NRC’s approval and the potential actions that NRC may
take against an individual for willful
of the statement of work and the
violations of NRC requirements;
selection criteria, the consultant’s
(c) Lessons learned from the
assessment plan shall be submitted to
circumstances surrounding each of the
the Director, Division of Nuclear
apparent violations identified by the
Materials Safety, U.S. NRC, Region IV,
NRC in its November 2, 2009, letter;
for review and approval. In the event
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enforcement action in accordance with
Section VI.C of the Enforcement Policy.
(13) The NRC agrees not to assign
severity levels to any apparent
violations in the November 2, 2009,
inspection report. Also, the NRC agrees
not to further characterize the apparent
violations as violations.
On February 4, 2010, NIST consented
to issuing this Confirmatory Order with
the commitments as described in
Section V below. The Licensee further
agreed that this Confirmatory Order is to
be effective upon issuance and that it
has waived its right to a hearing.
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(d) A review of NRC requirements and
NIST’s license conditions (as
applicable);
(e) A review of NIST’s operating and
emergency procedures;
(f) Security and access controls for
radioactive materials;
(g) Instructions to workers in
accordance with 10 CFR 19.12 (as
applicable);
(h) As low as reasonably achievable
controls, procedures, and practices;
(i) Requirements for acquiring
radioactive materials; and
(j) The NIST radiation safety program
policy.
Training shall include a method to
measure the mastery of training
objectives. Records of training for all
individuals shall be maintained for 5
years.
(5) Within 120 days of the date of this
order, NIST shall submit a license
amendment request incorporating the
following:
The deletion of all specifically
licensed radionuclides currently listed
on the NIST–Boulder NRC license that
NIST no longer plans to possess or use.
(6) Within 120 days from the date of
this order, NIST shall develop and
implement a formal radiation hazard
analysis process that requires
confirmation that the requirements of
the hazard analysis have been addressed
prior to the commencement of work.
The process shall also ensure that
guidance, if any, provided by the
manufacturer/distributor of radioactive
material is appropriately reflected in
operating and emergency procedures.
(7) Licenses 05–03166–05 and SNM–
362 are modified in accordance with the
requirements of the order. As such, in
the event of the transfer of either NRC
license by NIST, the requirements of
this Confirmatory Order shall survive
any such transfer and shall be binding
on the new license holder.
(8) NIST shall revise the NIST
Ionizing Radiation Safety Committee
charter to require the committee to
review, for completeness and accuracy,
all of the following for licenses 05–
03166–05 and SNM–362: applications
for license amendments, responses to
requests for additional information,
licensee event reports, and responses to
notices of violation. This revision shall
be completed no later than 30 days
following the date of this Confirmatory
Order.
(9) NIST shall revise the NIST
radiation safety program policy to
indicate that all individuals interacting
with the NRC shall provide information
that is complete and accurate in all
material respects. The revision shall be
completed no later than June 30, 2010.
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(10) NIST shall clearly and
unambiguously define the process for
acquiring radioactive materials. This
process shall be implemented within 90
days of the date of this Confirmatory
Order.
(11) Within 60 days of the date of this
Confirmatory Order, NIST shall pay a
civil penalty of $10,000 in accordance
with NUREG/BR–0254 and submit to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555, a statement
indicating when and by what method
payment was made.
The Regional Administrator, NRC
Region IV, may, in writing, relax or
rescind any of the above conditions
upon demonstration by the Licensee of
good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than the
Licensee, 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.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
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, August 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
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17:18 Mar 11, 2010
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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 NRCissued 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
Meta System 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 online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin 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/esubmittals.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/esubmittals.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 email 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
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11945
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/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree 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
E:\FR\FM\12MRN1.SGM
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Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
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.
If a person other than the Licensee
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Confirmatory 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 Confirmatory Order
was 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 1st day of March 2010.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Regional Administrator.
[FR Doc. 2010–5431 Filed 3–11–10; 8:45 am]
BILLING CODE 7590–01–P
materials,’’ for Facility Operating
License No. NPF–43, issued to Detroit
Edison Co. (DECO) (the licensee), for
operation of the Fermi 2, located in
Monroe County, Michigan. In
accordance with 10 CFR 51.21, the NRC
prepared an environmental assessment
documenting its finding. The NRC
concluded that the proposed actions
will have no significant environmental
impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would exempt
Fermi 2 from the required
implementation date of March 31, 2010,
for several new requirements of 10 CFR
Part 73. Specifically, Fermi 2 would be
granted an exemption from being in full
compliance with certain new
requirements contained in 10 CFR 73.55
by the March 31, 2010, deadline. DECO
has proposed an alternate full
compliance implementation date of May
31, 2011, approximately 14 months
beyond the date required by 10 CFR Part
73. The proposed action, an extension of
the schedule for completion of certain
actions required by the revised 10 CFR
Part 73, does not involve any physical
changes to the reactor, fuel, plant
structures, support structures, water, or
land at the Fermi 2 site.
The proposed action is in accordance
with the licensee’s application dated
November 19, 2009, as supplemented by
letter dated December 23, 2009.
The Need for the Proposed Action
The proposed action is needed to
provide the licensee with additional
time required for completion of
significant physical modifications to
comply with the new 10 CFR part 73
rule requirements. While some of the
work scope required by the 10 CFR part
73 rule change requirements will be
completed by March 31, 2010, some
modifications will require additional
time to complete.
NUCLEAR REGULATORY
COMMISSION
Environmental Impacts of the Proposed
Action
[Docket No. 50–341; [NRC–2010–0099]
The NRC has completed its
environmental assessment of the
proposed exemption. The staff has
concluded that the proposed action to
extend the implementation deadline
would not significantly affect plant
safety and would not have a significant
adverse effect on the probability of an
accident occurring.
The proposed action would not result
in an increased radiological hazard
beyond those previously analyzed in the
environmental assessment and findings
of no significant impact made by the
srobinson on DSKHWCL6B1PROD with NOTICES
Detroit Edison Company; FERMI 2;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an Exemption, pursuant to
Title 10 of the Code of Federal
Regulations (10 CFR) Section 73.5,
‘‘Specific exemptions,’’ from the
implementation date for certain new
requirements of 10 CFR Part 73,
‘‘Physical protection of plants and
VerDate Nov<24>2008
17:18 Mar 11, 2010
Jkt 220001
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
Commission in promulgating its
revisions to 10 CFR Part 73 as discussed
in a Federal Register notice dated
March 27, 2009 (74 FR 13967). There
will be no change to radioactive
effluents that affect radiation exposures
to plant workers and members of the
public. Therefore, no changes or
different types of radiological impacts
are expected as a result of the proposed
exemption.
The proposed action does not result
in changes to land use or water use, or
result in changes to the quality or
quantity of non-radiological effluents.
No changes to the National Pollution
Discharge Elimination System permit
are needed. No effects on the aquatic or
terrestrial habitat in the vicinity or the
plant, or to threatened, endangered, or
protected species under the Endangered
Species Act, or impacts to essential fish
habitat covered by the MagnusonStevens Act are expected. There are no
impacts to the air or ambient air quality.
There are no impacts to historical and
cultural resources. There would be no
impact to socioeconomic resources.
Therefore, no changes to or different
types of non-radiological environmental
impacts are expected as a result of the
proposed exemption.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action. In addition, in promulgating its
revisions to 10 CFR Part 73, the
Commission prepared an environmental
assessment and published a finding of
no significant impact [Part 73, Power
Reactor Security Requirements, 74 FR
13926, 13967 (March 27, 2009)].
The licensee currently maintains a
security system acceptable to the NRC
and will continue to provide acceptable
physical protection of Fermi 2 in lieu of
the new requirements in 10 CFR Part 73.
Therefore, the extension of the
implementation date of the new
requirements of 10 CFR Part 73 to May
31, 2011, would not have any significant
environmental impacts.
The NRC staff’s safety evaluation will
be provided in the exemption that will
be issued as part of the letter to the
licensee approving the exemption to the
regulation, if granted.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
actions, the NRC staff considered denial
of the proposed actions (i.e., the ‘‘noaction’’ alternative). Denial of the
exemption request would result in no
change in current environmental
impacts. If the proposed action was
denied, the licensee would have to
comply with the March 31, 2010,
E:\FR\FM\12MRN1.SGM
12MRN1
]]>Agencies
[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11942-11946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5431]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-03732, License No. 05-03166-05, EA-09-142, NRC-2010-
0098]
In the Matter of U.S. Department of Commerce, National Institute
of Standards and Technology; Confirmatory Order Modifying License
(Effective Immediately)
I
The U.S. Department of Commerce's National Institute of Standards
and Technology (NIST or Licensee) is the holder of Nuclear Regulatory
Commission (NRC or Commission) Materials License 05-03166-05 issued
pursuant to 10 CFR Part 30 on December 19, 1966, and amended to include
10 CFR Parts 40 and 70 on April 19, 2007. The license authorizes the
operation of the NIST-Boulder facility in accordance with conditions
specified therein. The facility is located on the Licensee's site in
Boulder, Colorado.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on January 5, 2010.
II
On July 22, 2008, the NRC's Office of Investigations began an
investigation (Office of Investigations' Case No. 4-2008-062) into the
circumstances surrounding the June 9, 2008, plutonium contamination
event at NIST-Boulder. A special inspection of the contamination event
was initiated on June 11, 2008. Based on the evidence developed during
its investigation and associated inspection, 10 apparent violations
were identified (summarized in Section III below). In addition, the NRC
was concerned that willfulness may have been associated with one of
those apparent violations. The results of the investigation and
inspection were sent to NIST in a letter dated November 2, 2009. In
response to NRC's November 2, 2009, letter, NIST requested ADR to
resolve these issues.
On January 5, 2010, the NRC and NIST met in an ADR session mediated
by a professional mediator, arranged through Cornell University's
Institute on Conflict Resolution. Alternative dispute resolution 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
In response to the NRC's offer, NIST requested use of the NRC ADR
process to resolve issues associated with the 10 apparent violations
identified by the NRC. During that ADR session, a preliminary
settlement agreement was reached. The elements of the agreement
consisted of the following:
Pursuant to the NRC Office of Enforcement's ADR program, the
following are the terms and conditions agreed upon in principle by the
U.S. Department of Commerce, NIST, and the NRC relating to NRC
Inspection Report 030-03732/2008-001 issued by the NRC to NIST on
November 2, 2009.
Whereas, the NRC's inspection and investigation conducted between
June 11, 2008, and November 2, 2009, identified ten apparent violations
of NRC requirements;
Whereas, the ten apparent violations involved were:
(1) The failure to provide complete and accurate information to the
Commission;
(2) The failure to control and maintain constant surveillance of
licensed material in a controlled area and not in storage;
(3) The failure to secure from unauthorized removal or limit access
to licensed materials stored in a controlled area;
(4) The failure to provide radiation safety training for all
applicable individuals;
(5) The failure to have a radiation safety program sufficient to
ensure that occupational doses and doses to members of the public were
as low as reasonably achievable;
(6) The failure to periodically audit the radiation safety program
content and implementation;
(7) The failure to demonstrate that the total effective dose
equivalent to individuals would not exceed the annual dose limit for
members of the public;
(8) The failure to monitor the occupational intake of plutonium by
radiation workers;
(9) The failure to limit receipt, possession, and use of
radioactive material authorized on the NRC license; and
(10) The failure to assure that servicing involving radioactive
material of a device was performed by a person authorized to perform
this activity.
Whereas, the NRC is concerned that willfulness may be associated
with one apparent violation above;
Whereas, NRC acknowledges the extensive corrective actions NIST has
already implemented associated with the apparent violations, which
include:
(1) Completing extensive, successful decontamination of the NIST-
Boulder facility;
(2) Designating a new radiation safety officer at NIST-Boulder;
(3) Designating a new radiation safety officer at NIST-
Gaithersburg;
(4) Establishing and filling a senior-level safety-executive
position to oversee the NIST central safety organization;
(5) Reorganizing the central safety organization so that both NIST-
Boulder and NIST-Gaithersburg report to the safety executive;
(6) Providing additional resources to the NIST central safety
organization, including resources for additional staff and equipment
for health physics;
(7) Establishing and filling a senior safety-management position to
oversee the safety organization at NIST-Boulder;
(8) Establishing and filling a senior-level research-director
position at NIST-Boulder with local line-management responsibility for
the safety of all laboratory activities at NIST-Boulder;
(9) Establishing and filling a new executive-level site-manager
position at NIST-Boulder to coordinate safety, emergency preparedness,
and security for the entire Department of Commerce's Boulder site and
to help ensure that the safety functions needed by NIST-Boulder are
provided effectively and efficiently by the safety office in Boulder;
(10) Improving the safety culture of NIST by communicating
individual and management responsibility for safety, providing staff
with the tools needed to understand how to protect themselves and those
around them, and creating safer workplaces;
(11) Establishing and implementing a new NIST-wide policy on hazard
analysis and control, including requirements related to emergency
planning; and
(12) Undertaking additional efforts to further evaluate and improve
the safety culture at NIST.
Whereas, the NRC acknowledges NIST took the following additional
actions to address issues identified by the city of Boulder, Colorado:
(1) Updating the inventory of and properly disposing of unused
chemicals;
[[Page 11943]]
(2) Developing an emergency notification checklist and
communication plan;
(3) Developing a standard operating procedure for reporting
hazardous material releases; and
(4) Developing and implementing a worksite training program for
preventing and reporting releases, which included training
approximately 500 people.
Whereas, during subsequent inspections after June 2008, the NRC
found no safety-significant violations;
Whereas, these terms and conditions shall not be binding on either
party until memorialized in a Confirmatory Order issued by the NRC to
NIST relating to this matter;
Therefore, the parties agree to the following terms and conditions:
(1) NIST shall contract with an independent consultant to evaluate
the effectiveness of its radiation safety programs for licenses SNM-362
and 05-03166-05.
(a) Within 90 days of the date of this Confirmatory Order, NIST
shall submit to the Director, Division of Nuclear Materials Safety,
U.S. NRC, Region IV, for approval, a proposed statement of work and the
selection criteria, including the qualifications, for an independent
consultant(s) to review and evaluate NIST's radiation safety programs.
(b) Within 120 days of NRC's approval of the statement of work and
the selection criteria, the consultant's assessment plan shall be
submitted to the Director, Division of Nuclear Materials Safety, U.S.
NRC, Region IV, for review and approval. In the event that NIST
requires an extension of time to submit the assessment plan to NRC, a
request for extension shall be submitted to the U.S. NRC Region IV
Regional Administrator.
(c) Within 30 days of the NRC's approval of the consultant's
assessment plan, the consultant shall commence an assessment of NIST's
radiation safety programs.
(d) Within 120 days following the approval of the consultant's
assessment plan, the consultant shall provide NIST a final report
discussing its findings and recommendations for program improvements.
At the same time the consultant provides its final report to NIST, the
consultant shall send a copy to the Director, Division of Nuclear
Materials Safety, U.S. NRC, Region IV.
(e) Within 90 days of receiving the consultant's final report, NIST
shall provide the Director, Division of Nuclear Materials Safety, U.S.
NRC, Region IV, in writing, its determination of how it will address
the consultant's findings and recommendations. In its correspondence to
the NRC, NIST shall identify which of the consultant's findings and
recommendations it will implement and the time frame in which it will
implement the findings and recommendations. For those findings and
recommendations NIST does not accept, NIST shall provide the NRC with
its justification.
(2) Forthe years 2010-2014, NIST shall send a copy of its required
annual audit results to the Director, Division of Nuclear Materials
Safety, U.S. NRC, Region IV, for licenses SNM-362 and 05-03166-05,
within 30 days of receiving the final audit report.
(3) Within 120 days from the date of this Confirmatory Order, NIST
shall develop and implement a procedure for the indoctrination of new
employees and associates with regard to general radiation safety policy
and procedures.
(4) NIST shall incorporate the ten elements below into its initial
training and refresher training provided to NIST employees and
associates who are assigned duties involving work with licensed
material; initially, all such individuals shall receive training by
December 31, 2010, irrespective of NIST's internal training schedule:
(a) A review of the June 9, 2008, plutonium spill event;
(b) A review of the consequences of and the potential actions that
NRC may take against an individual for willful violations of NRC
requirements;
(c) Lessons learned from the circumstances surrounding each of the
apparent violations identified by the NRC in its November 2, 2009,
letter;
(d) A review of NRC requirements and NIST's license conditions (as
applicable);
(e) A review of NIST's operating and emergency procedures;
(f) Security and access controls for radioactive materials;
(g) Instructions to workers in accordance with 10 CFR 19.12 (as
applicable);
(h) As low as reasonably achievable controls, procedures, and
practices;
(i) Requirements for acquiring radioactive materials; and
(j) The NIST radiation safety program policy.
Training shall include a method to measure the mastery of training
objectives. Records of training for all individuals shall be maintained
for 5 years.
(5) Within 120 days of the date of this order, NIST shall submit a
license amendment request incorporating the following:
The deletion of all specifically licensed radionuclides currently
listed on the NIST-Boulder NRC license that NIST no longer plans to
possess or use.
(6) Within 120 days from the date of this order, NIST shall develop
and implement a formal radiation hazard analysis process that requires
confirmation that the requirements of the hazard analysis have been
addressed prior to the commencement of work. The process shall also
ensure that guidance, if any, provided by the manufacturer/distributor
of radioactive material is appropriately reflected in operating and
emergency procedures.
(7) Licenses 05-03166-05 and SNM-362 are modified in accordance
with the requirements of the order. As such, in the event of the
transfer of either NRC license by NIST, the requirements of this
Confirmatory Order shall survive any such transfer and shall be binding
on the new license holder.
(8) NIST shall revise the NIST Ionizing Radiation Safety Committee
charter to require the committee to review, for completeness and
accuracy, all of the following for licenses 05-03166-05 and SNM-362:
applications for license amendments, responses to requests for
additional information, licensee event reports, and responses to
notices of violation. This revision shall be completed no later than 30
days following the date of this Confirmatory Order.
(9) NIST shall revise the NIST radiation safety program policy to
indicate that all individuals interacting with the NRC shall provide
information that is complete and accurate in all material respects. The
revision shall be completed no later than June 30, 2010.
(10) NIST shall clearly and unambiguously define the process for
acquiring radioactive materials. This process shall be implemented
within 90 days of the date of this Confirmatory Order.
(11) In consideration of the above actions on the part of NIST, NRC
agrees to limit the civil penalty amount in this enforcement action to
$10,000. Accordingly, within 60 days of the date of this Confirmatory
Order, NIST shall pay the civil penalty of $10,000 in accordance with
NUREG/BR-0254 and submit to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, a statement
indicating when and by what method payment was made.
(12) The NRC agrees not to pursue any further enforcement action
against license 05-03166-05 in connection with the NRC's November 2,
2009, letter to NIST and will not count this matter as previous
enforcement for the purposes of assessing potential future
[[Page 11944]]
enforcement action in accordance with Section VI.C of the Enforcement
Policy.
(13) The NRC agrees not to assign severity levels to any apparent
violations in the November 2, 2009, inspection report. Also, the NRC
agrees not to further characterize the apparent violations as
violations.
On February 4, 2010, NIST consented to issuing this Confirmatory
Order with the commitments as described in Section V below. The
Licensee further agreed that this Confirmatory Order is to be effective
upon issuance and that it has waived its right to a hearing.
IV
Since the licensee 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.
I find that the Licensee'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
the Licensee's commitments be confirmed by this Confirmatory Order.
Based on the above and the Licensee's consent, this Confirmatory 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 Parts 30, 31, 32, 33, 34, 35,
36, 39, 40, and 70, it is hereby ordered, effective immediately, that
licenses 05-03166-05 and SNM-362 are modified as follows:
(1) NIST shall contract with an independent consultant to evaluate
the effectiveness of its radiation safety programs for licenses SNM-362
and 05-03166-05.
(a) Within 90 days of the date of this Confirmatory Order, NIST
shall submit to the Director, Division of Nuclear Materials Safety,
U.S. NRC, Region IV, for approval, a proposed statement of work and the
selection criteria, including the qualifications, for an independent
consultant(s) to review and evaluate NIST's radiation safety programs.
(b) Within 120 days of NRC's approval of the statement of work and
the selection criteria, the consultant's assessment plan shall be
submitted to the Director, Division of Nuclear Materials Safety, U.S.
NRC, Region IV, for review and approval. In the event that NIST
requires an extension of time to submit the assessment plan to NRC, a
request for extension shall be submitted to the Regional Administrator,
NRC Region IV.
(c) Within 30 days of the NRC's approval of the consultant's
assessment plan, the consultant shall commence an assessment of NIST's
radiation safety programs.
(d) Within 120 days following the approval of the consultant's
assessment plan, the consultant shall provide NIST a final report
discussing its findings and recommendations for program improvements.
At the same time the consultant provides its final report to NIST, the
consultant shall send a copy to the Director, Division of Nuclear
Materials Safety, U.S. NRC, Region IV.
(e) Within 90 days of receiving the consultant's final report, NIST
shall provide the Director, Division of Nuclear Materials Safety, U.S.
NRC, Region IV, in writing, its determination of how it will address
the consultant's findings and recommendations. In its correspondence to
the NRC, NIST shall identify which of the consultant's findings and
recommendations it will implement and the time frame in which it will
implement the findings and recommendations. For those findings and
recommendations NIST does not accept, NIST shall provide the NRC with
its justification.
(2) For the years 2010-2014, NIST shall send a copy of its required
annual audit results to the Director, Division of Nuclear Materials
Safety, U.S. NRC, Region IV, for licenses SNM-362 and 05-03166-05,
within 30 days of receiving the final audit report.
(3) Within 120 days from the date of this Confirmatory Order, NIST
shall develop and implement a procedure for the indoctrination of new
employees and associates with regard to general radiation safety policy
and procedures.
(4) NIST shall incorporate the ten elements below into its initial
training and refresher training provided to NIST employees and
associates who are assigned duties involving work with licensed
material; initially, all such individuals shall receive training by
December 31, 2010, irrespective of NIST's internal training schedule:
(a) A review of the June 9, 2008, plutonium spill event;
(b) A review of the consequences of and the potential actions that
NRC may take against an individual for willful violations of NRC
requirements;
(c) Lessons learned from the circumstances surrounding each of the
apparent violations identified by the NRC in its November 2, 2009,
letter;
(d) A review of NRC requirements and NIST's license conditions (as
applicable);
(e) A review of NIST's operating and emergency procedures;
(f) Security and access controls for radioactive materials;
(g) Instructions to workers in accordance with 10 CFR 19.12 (as
applicable);
(h) As low as reasonably achievable controls, procedures, and
practices;
(i) Requirements for acquiring radioactive materials; and
(j) The NIST radiation safety program policy.
Training shall include a method to measure the mastery of training
objectives. Records of training for all individuals shall be maintained
for 5 years.
(5) Within 120 days of the date of this order, NIST shall submit a
license amendment request incorporating the following:
The deletion of all specifically licensed radionuclides currently
listed on the NIST-Boulder NRC license that NIST no longer plans to
possess or use.
(6) Within 120 days from the date of this order, NIST shall develop
and implement a formal radiation hazard analysis process that requires
confirmation that the requirements of the hazard analysis have been
addressed prior to the commencement of work. The process shall also
ensure that guidance, if any, provided by the manufacturer/distributor
of radioactive material is appropriately reflected in operating and
emergency procedures.
(7) Licenses 05-03166-05 and SNM-362 are modified in accordance
with the requirements of the order. As such, in the event of the
transfer of either NRC license by NIST, the requirements of this
Confirmatory Order shall survive any such transfer and shall be binding
on the new license holder.
(8) NIST shall revise the NIST Ionizing Radiation Safety Committee
charter to require the committee to review, for completeness and
accuracy, all of the following for licenses 05-03166-05 and SNM-362:
applications for license amendments, responses to requests for
additional information, licensee event reports, and responses to
notices of violation. This revision shall be completed no later than 30
days following the date of this Confirmatory Order.
(9) NIST shall revise the NIST radiation safety program policy to
indicate that all individuals interacting with the NRC shall provide
information that is complete and accurate in all material respects. The
revision shall be completed no later than June 30, 2010.
[[Page 11945]]
(10) NIST shall clearly and unambiguously define the process for
acquiring radioactive materials. This process shall be implemented
within 90 days of the date of this Confirmatory Order.
(11) Within 60 days of the date of this Confirmatory Order, NIST
shall pay a civil penalty of $10,000 in accordance with NUREG/BR-0254
and submit to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, a statement indicating
when and by what method payment was made.
The Regional Administrator, NRC Region IV, may, in writing, relax
or rescind any of the above conditions upon demonstration by the
Licensee of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than the Licensee, 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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other 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,
August 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 Meta System 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 online, 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
[[Page 11946]]
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.
If a person other than the Licensee requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Confirmatory 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
Confirmatory Order was 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 1st day of March 2010.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Regional Administrator.
[FR Doc. 2010-5431 Filed 3-11-10; 8:45 am]
BILLING CODE 7590-01-P
