In the Matter of Bozeman Deaconess Foundation, dba Bozeman Deaconess Hospital, Bozeman, MT; Confirmatory Order Modifying License; (Effective Immediately), 44619-44623 [2011-18853]
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Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
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Commission has issued the following
amendments. The Commission has
determined for each of these
amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for A Hearing in
connection with these actions was
published in the Federal Register as
indicated.
Unless otherwise indicated, the
Commission has determined that these
amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments. If the Commission has
prepared an environmental assessment
under the special circumstances
provision in 10 CFR 51.22(b) and has
made a determination based on that
assessment, it is so indicated.
For further details with respect to the
action see (1) The applications for
amendment, (2) the amendment, and (3)
the Commission’s related letter, Safety
Evaluation and/or Environmental
Assessment as indicated. All of these
items are available for public inspection
at the NRC’s Public Document Room
(PDR), located at One White Flint North,
Room O1–F21, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852.
Publicly available documents created or
received at the NRC are accessible
electronically through the Agencywide
Documents Access and Management
System (ADAMS) in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. If you do not have access
to ADAMS or if there are problems in
accessing the documents located in
ADAMS, contact the PDR Reference
staff at 1–800–397–4209, 301–415–4737
or by email to pdr.resource@nrc.gov.
Exelon Generation Company, LLC,
Docket Nos. STN 50–456 and STN 50–
457, Braidwood Station, Units 1 and 2,
Will County, Illinois; Docket Nos. STN
50–454 and STN 50–455, Byron Station,
Unit 1 and 2, Ogle County, Illinois
Date of application for amendment:
June 29, 2010, as supplemented on
August 24, 2010, and January 13, 2011.
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16:12 Jul 25, 2011
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Brief description of amendment: The
license amendments revise Technical
Specifications (TS) Section 3.4.12, ‘‘Low
Temperature Overpressure Protection
(LTOP) System,’’ to correct an
inconsistency between the TS, and
implementation of procedures and
administrative controls for Safety
Injection pumps required to mitigate a
postulated loss of decay heat removal
during mid-loop operation as discussed
in NRC Generic Letter 88–17, ‘‘Loss of
Decay Heat Removal.’’
Date of issuance: June 29, 2011.
Effective date: As of the date of
issuance and shall be implemented
within 60 days.
Amendment Nos.: 167, 167, 174, 174.
Facility Operating License Nos. NPF–
72, NPF–77, NPF–37, and NPF–66: The
amendments revise the TSs and license.
Date of initial notice in Federal
Register: October 5, 2010 (75 FR 61526).
The August 24, 2010, and January 13,
2011, supplements contained clarifying
information and did not change the NRC
staff’s initial proposed finding of no
significant hazards consideration.
The Commission’s related evaluation
of the amendments is contained in a
safety evaluation dated June 29, 2011.
No significant hazards consideration
comments received: No.
Dated at Rockville, Maryland, this 15th day
of July 2011.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–18525 Filed 7–25–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[ Docket No. 030–33305; License No. 25–
10994–04; EA–10–258; NRC–2011–0163]
In the Matter of Bozeman Deaconess
Foundation, dba Bozeman Deaconess
Hospital, Bozeman, MT; Confirmatory
Order Modifying License; (Effective
Immediately)
I
Bozeman Deaconess Hospital
(Licensee) is the holder of Materials
License No. 25–10994–04 issued by the
Nuclear Regulatory Commission (NRC
or the Commission) pursuant to Title 10
of the Code of Federal Regulations (10
CFR) parts 30 and 35. The license
authorizes the operation of the
Licensee’s facility in accordance with
the conditions specified therein, at 915
Highland Boulevard, Bozeman,
Montana.
PO 00000
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44619
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on May
25, 2011, at the NRC Region IV offices
in Arlington, Texas.
II
On January 27, 2010, the NRC
conducted a routine unannounced
inspection of the Bozeman Deaconess
Hospital facility to evaluate radiation
safety and security, as well as
compliance with Commission rules and
regulations and the conditions of the
license. During the inspection, it was
determined that an employee of
Bozeman Deaconess Hospital failed to
secure radioactive materials from
unauthorized access or removal from
the facility’s nuclear medicine
laboratory (hot lab). On March 8, 2010,
the NRC Office of Investigations (OI),
Region IV, began an investigation (OI
Case No. 4–2010–033) to determine
whether employees from Bozeman
Deaconess Hospital willfully failed to
secure radioactive material during
periods when authorized personnel
were absent from the hot lab. Based on
the results of the inspection and the
evidence developed during the
investigation, the NRC identified two
apparent violations. The first apparent
violation involved a willful failure to
secure licensed materials from
unauthorized removal or access as
required by 10 CFR 20.1801. The second
violation involved a failure to control
and maintain constant surveillance of
licensed material as required by 10 CFR
20.1802.
By letter dated April 12, 2011, the
NRC transmitted the results of the
inspection and a factual summary of
OI’s Investigation Report 4–2010–033 to
Bozeman Deaconess Hospital. In the
April 12 letter, the NRC informed the
Licensee that the NRC was considering
escalated enforcement action for the
apparent violations. The NRC offered
the Licensee the opportunity to request
a predecisional enforcement conference
or request ADR with the NRC in an
attempt to resolve issues associated with
this matter. In response, on April 21,
2011, Bozeman Deaconess Hospital
requested ADR to resolve this matter
with the NRC.
On May 25, 2011, the NRC and
Licensee representatives met in an ADR
session with a professional mediator,
arranged through the Cornell University
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 on resolving any differences
regarding the dispute. This
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Confirmatory Order is issued pursuant
to the agreement reached during the
ADR process.
III
In response to the NRC’s offer, the
Licensee requested use of the NRC’s
ADR process to resolve differences it
had with 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’s ADR program,
the following are the terms and
conditions agreed upon in principle by
Bozeman Deaconess Hospital (the
hospital) and the NRC relating to the
NRC Inspection Report 030–33305/
2010–001 (and Investigation Report
No.4–2010–033) dated April 12, 2011.
Whereas, the NRC identified an
apparent violation of 10 CFR 20.1801
and 20.1802 in that a nuclear medicine
technician deliberately failed to secure
the nuclear medicine door during
periods when hospital staff were not
available to secure radioactive materials
from unauthorized access and/or
removal;
Whereas, the NRC identified instances
of willfulness where hospital employees
raised a concern about the nuclear
medicine technician’s failures to secure
the nuclear medicine door, yet hospital
managers did not adequately address
the concern and as a result, the violation
had been occurring for approximately
10 years;
Whereas, the NRC identified instances
in which the hospital’s radiation safety
officer also raised the concern to a
hospital manager, yet hospital
management failed to adequately
address the concern and failed to
prevent the violation from recurring;
Whereas, the NRC identified that the
hospital’s former radiation safety officer
stated he had no knowledge of NRC
regulations that required the nuclear
medicine door to be secure in order to
prevent the removal and/or access to
radioactive material, and the former
radiation safety officer did not attempt
to become familiar with NRC
requirements in order to meet his
responsibilities as defined in 10 CFR
35.24;
Whereas, the NRC is interested in
obtaining comprehensive corrective
actions by the hospital that would
prevent future failures to secure
licensed material; and any future willful
violations;
Whereas, the NRC is interested in
obtaining comprehensive corrective
actions that ensure hospital staff and
managers understand NRC regulations
and the conditions of the license;
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Whereas, the NRC is interested in
obtaining comprehensive corrective
actions to ensure that hospital workers
understand their obligations to follow
NRC requirements and to raise safety
concerns to hospital management;
Whereas the NRC is interested in
ensuring that hospital managers
understand their obligations to follow
NRC requirements and their obligations
to review and act on any concerns
raised to them by hospital staff;
Whereas, the NRC is interested in
obtaining comprehensive corrective
actions by hospital management to
ensure that the hospital selects radiation
safety officers who understand NRC
regulations and the license conditions,
and who understand their
responsibilities under 10 CFR 35.24;
Whereas, these terms and conditions
shall not be binding on either party
until memorialized in a confirmatory
order issued by the NRC to the hospital
relating to this matter.
Therefore, the parties agree to the
following terms and conditions:
1. Within 45 days of the date of this
Confirmatory Order, the Licensee shall
submit a license amendment request
and provide its procedure to comply
with 10 CFR 20.1801 and 20.1802.
2. Within 30 days from the date of this
confirmatory order, the Licensee must
contract with an independent thirdparty organization to provide training to
hospital staff and managers who are
required to receive training under 10
CFR 19.12 on: (1) What constitutes
deliberate misconduct under NRC
regulations at 10 CFR 30.10, (2) the
range of enforcement actions that the
NRC has taken against individuals and
licensees who engaged in deliberate
misconduct, and (3) the definitions of
willfulness and careless disregard
contained in the NRC Enforcement
Policy. The NRC Enforcement Policy
(ADAMS Accession No. ML093480037)
and examples of significant NRC
enforcement actions are found at https://
www.nrc.gov/about-nrc/regulatory/
enforcement/current.html. At least 14
days prior to commencing the training,
the Licensee must submit the name and
resume of the independent third-party
individual who will be providing this
training to the Director, Division of
Nuclear Material Safety; 612 E. Lamar
Blvd., Arlington, TX 76011. The training
must be completed within 90 days of
the date of this Confirmatory Order.
3. The Licensee must contract with an
independent third-party organization to
provide training to hospital staff and
managers who are required to receive
training under 10 CFR 19.12 on the
following topics:
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A. The model training program in
Appendix J to NUREG 1556, Volume 9,
Revision 2; and
B. An overview of 10 CFR 19.16 and
10 CFR 30.7.
The extent of this training must be
commensurate with potential
radiological health protection problems
present in the work place. In addition,
the Licensee must develop a mechanism
to assess the effectiveness of the training
that was conducted. At least 14 days
prior to commencing the training, the
Licensee must submit the name and
resume of the independent third-party
individual who will be providing this
training to the Director, Division of
Nuclear Materials Safety; 612 E. Lamar
Blvd., Arlington, TX 76011. The training
must be completed within 90 days of
the date of this Confirmatory Order.
4. The hospital shall modify its
internal requirements for new worker
training and for its annual refresher
training to require that the topics
presented in Conditions 2 and 3 be
made part of the training. Training in
these areas may be provided by
qualified hospital staff, and is required
for managers and staff who are required
to receive training under 10 CFR 19.12.
The training requirements must include
a mechanism to assess the effectiveness
of the training. This training must be
commensurate with the potential
radiological health protection issues
present in the work place. Within 45
days of the date of this Confirmatory
Order, the Licensee must submit to the
NRC a license amendment request to
incorporate these requirements for new
worker training and annual refresher
training.
5. Within 30 days of the date of this
Confirmatory Order, the Licensee must
develop a procedure which assesses,
during the selection process for
radiation safety officers, the person’s
understanding of 10 CFR parts 19, 20,
and 35. Within 45 days of the date of
this Confirmatory Order, the Licensee
shall submit a license amendment
request to have the procedure
incorporated into its NRC license.
6. Within 30 days of the date of this
Confirmatory Order, the Licensee must
develop and implement a procedure
that allows hospital employees and
contractors to raise radiation safety
concerns to hospital management. The
procedure must: (a) Accommodate
anonymous concerns and must maintain
the anonymity of the individual; (b)
describe the reviews to be conducted by
hospital management; and (c) describe
when the radiation safety committee
will review and resolve employee safety
concerns. The procedure must describe
the Licensee’s process for reviewing and
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approving changes to this procedure.
The Licensee is authorized to make
changes to this procedure without prior
Commission approval as long as: (a) The
proposed revision is documented,
reviewed, and approved by the
Licensee’s radiation safety committee;
(b) the revised procedure is in
accordance with regulatory
requirements; (c) the Licensee’s staff is
trained in the revised procedure prior to
its implementation; and (d) the
Licensee’s audit program evaluates the
effectiveness of the change and its
implementation. Within 45 days of the
date of this Confirmatory Order, the
Licensee must submit a license
amendment request, which requires that
the Licensee maintain such a procedure.
7. Between 12–15 months from the
date of this Confirmatory Order, the
Licensee shall perform an assessment of
the effectiveness of the training
provided in Conditions 2 and 3. The
results of its assessment shall be
maintained by the Licensee for 3 years
and shall be available for the NRC to
review.
8. The Licensee agrees to pay a civil
penalty of $3,500 within 30 days of the
date of this Confirmatory Order.
On July 1, 2011, the Licensee
consented to issuing 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 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 Order. Based on the above and
the Licensee’s consent, this
Confirmatory Order is immediately
effective upon issuance.
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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 20, 30, and
35, It is hereby ordered, effective
immediately, that License No. 25–
10994–04 is modified as follows:
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1. Within 45 days of the date of this
Confirmatory Order, the Licensee shall
submit a license amendment request
and provide its procedure to comply
with 10 CFR 20.1801 and 20.1802.
2. Within 30 days from the date of this
Confirmatory Order, the Licensee must
contract with an independent thirdparty organization to provide training to
hospital staff and managers who are
required to receive training under 10
CFR 19.12 on the following topics:
A. What constitutes deliberate
misconduct under NRC regulations at 10
CFR 30.10;
B. The range of enforcement actions
that the NRC has taken against
individuals and licensees who engaged
in deliberate misconduct.
C. The definitions of willfulness and
careless disregard contained in the NRC
Enforcement Policy (ADAMS Accession
No. ML093480037).
The NRC Enforcement Policy
(ADAMS Accession No.ML093480037)
and examples of significant NRC
enforcement actions are found at https://
www.nrc.gov/about-nrc/regulatory/
enforcement/current.html. At least 14
days prior to commencing the training,
the Licensee must submit the name and
resume of the independent third-party
individual who will be providing this
training to the Director, Division of
Nuclear Materials Safety; 612 E. Lamar
Blvd., Arlington, TX 76011. The training
must be completed within 90 days of
the date of this Confirmatory Order.
3. The Licensee must contract with an
independent third-party organization to
provide training to hospital staff and
managers who are required to receive
training under 10 CFR 19.12 on the
following topics:
A. The Model Training Program in
Appendix J to NUREG 1556, Volume 9,
Revision 2; and
B. An overview of 10 CFR 19.16 and
10 CFR 30.7.
The extent of this training must be
commensurate with potential
radiological health protection problems
present in the workplace. In addition,
the Licensee must develop a mechanism
to assess the effectiveness of the training
that was conducted. At least 14 days
prior to commencing the training, the
Licensee must submit the name and
resume of the independent third-party
individual who will be providing this
training to the Director, Division of
Nuclear Materials Safety; 612 E. Lamar
Blvd., Arlington, TX 76011. The training
must be completed within 90 days of
the date of this Confirmatory Order.
4. The Licensee shall modify its
internal requirements for new worker
training and for its annual refresher
training to require that the topics
PO 00000
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Sfmt 4703
44621
presented in Conditions 2 and 3 be
made part of the training. Training in
these areas may be provided by
qualified hospital staff, and is required
for managers and staff who are required
to receive training under 10 CFR 19.12.
The training requirements must include
a mechanism to assess the effectiveness
of the training. This training must be
commensurate with the potential
radiological health protection issues
present in the workplace. Within 45
days of the date of this Confirmatory
Order, the Licensee must submit to the
NRC a license amendment request to
incorporate these requirements for new
worker training and annual refresher
training.
5. Within 30 days of the date of this
Confirmatory Order, the Licensee must
develop a procedure which assesses,
during the selection process for
radiation safety officers, the person’s
understanding of 10 CFR parts 19, 20,
and 35. Within 45 days of the date of
this Confirmatory Order, the Licensee
shall submit a license amendment
request to have the procedure
incorporated into its NRC license.
6. Within 30 days of the date of this
Confirmatory Order, the Licensee must
develop and implement a procedure
that allows hospital employees and
contractors to raise radiation safety
concerns to hospital management. The
procedure must: (a) Accommodate
anonymous concerns and must maintain
the anonymity of the individual; (b)
describe the reviews to be conducted by
hospital management; and (c) describe
when the radiation safety committee
will review and resolve employee safety
concerns. The procedure must describe
the Licensee’s process for reviewing and
approving changes to this procedure.
The Licensee is authorized to make
changes to this procedure without prior
Commission approval as long as: (a) The
proposed revision is documented,
reviewed, and approved by the
Licensee’s radiation safety committee;
(b) the revised procedure is in
accordance with regulatory
requirements; (c) the Licensee’s staff is
trained in the revised procedure prior to
its implementation; and (d) the
Licensee’s audit program evaluates the
effectiveness of the change and its
implementation. Within 45 days of the
date of this Confirmatory Order, the
Licensee must submit a license
amendment request, which requires that
the Licensee maintain such a procedure.
7. Between 12 and 15 months from
the date of this Confirmatory Order, the
Licensee shall perform an assessment of
the effectiveness of the training
provided in Conditions 2 and 3. The
results of its assessment shall be
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maintained by the Licensee for 3 years
and shall be available for the NRC to
review.
8. The Licensee agrees to pay a civil
penalty of $3,500 within 30 days of the
date of this Confirmatory Order. The
Licensee must pay the civil penalty, in
accordance with NUREG/BR–0254 and
by submitting to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852–2738, 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 made in
writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555,
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
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16:12 Jul 25, 2011
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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 ESubmittal 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 the Electronic
Information Exchange (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/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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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://
ehd1.nrc.gov/EHD/, 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
E:\FR\FM\26JYN1.SGM
26JYN1
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices
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 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. 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 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 8th day of July 2011.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Administrator, NRC Region IV.
[FR Doc. 2011–18853 Filed 7–25–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
sroberts on DSK5SPTVN1PROD with NOTICES
[Docket Nos. 52–12–COL and 52–13–COL;
ASLBP No. 09–885–08–COL–BD01]
Atomic Safety and Licensing Board; In
the Matter of Nuclear Innovation North
America LLC (South Texas Project
Units 3 and 4); Notice of Hearing;
Opportunity To Submit Written Limited
Appearance Statements; and Notice of
Oral Argument
July 7, 2011.
Before Administrative Judges: Michael M.
Gibson, Chairman, Dr. Gary S. Arnold, Dr.
Randall J. Charbeneau.
VerDate Mar<15>2010
16:12 Jul 25, 2011
Jkt 223001
The Atomic Safety and Licensing
Board hereby gives notice that it will
convene an evidentiary hearing to
receive testimony and exhibits in the
contested portion of this proceeding
regarding the application of Nuclear
Innovation North America LLC (NINA)
for combined licenses that would
authorize NINA to construct and operate
two new nuclear reactor units on an
existing site near Bay City, Texas. In
addition, the Board gives notice that, in
accordance with 10 CFR 2.315(a), it will
entertain written limited appearance
statements from members of the public
in connection with this proceeding.
Finally, the Board gives notice that it
will hold oral argument on a new
contention proposed by Intervenors 1
related to foreign control.
A. Matters To Be Considered at
Evidentiary Hearing
This evidentiary hearing will concern
two environmental contentions: one
related to estimating replacement power
costs in the evaluation of severe
accident mitigation design alternatives,
the other related to accounting for
energy efficient building code rules in
the assessment of a need for power.
B. Date, Time, and Location of
Evidentiary Hearing
The Board will conduct this
evidentiary hearing 2 beginning at 9:30
a.m., Central Daylight Time (CDT) on
Thursday, August 18, 2011, at the
Campus of the Texas Commission on
Environmental Quality, Building E,
Room 201S, 12100 Park 35 Circle,
Austin, TX 78753. The hearing will
continue day-to-day until concluded.
Any members of the public who plan
to attend the evidentiary hearing are
advised that security measures will be
employed at the entrance to the facility,
including searches of hand-carried
items such as briefcases or backpacks.
C. Submitting Written Limited
Appearance Statements
As provided in 10 CFR 2.315(a), any
person (other than a party or the
representative of a party to this
proceeding) may submit a written
statement setting forth his or her
position on matters of concern relating
to this proceeding. Although these
statements do not constitute testimony
or evidence, they nonetheless may help
the Board or the parties in their
1 Intervenors are the Sustainable Energy and
Economic Development Coalition, the South Texas
Association for Responsible Energy, and Public
Citizen.
2 NINA, NRC Staff and Intervenors will be parties
to the hearing and will present witnesses and
evidentiary material.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
44623
consideration of the issues in this
proceeding.
A written limited appearance
statement may be submitted at any time
and should be sent to the Office of the
Secretary using one of the methods
prescribed below:
Mail: Office of the Secretary,
Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Fax: (301) 415–1101 (verification
(301) 415–1966).
E-mail: hearingdocket@nrc.gov.
In addition, using the same method of
service, a copy of the written limited
appearance statement should be sent to
the Chairman of this Licensing Board as
follows:
Mail: Administrative Judge Michael
M. Gibson, Atomic Safety and Licensing
Board Panel, Mail Stop T–3 F23, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Fax: (301) 415–5599 (verification
(301) 415–7332).
E-mail: Michael.Gibson@nrc.gov and
Jonathan.Eser@nrc.gov.
D. Notice of Oral Argument
The Board will hold oral argument on
Intervenors’ newly proffered foreign
control contention beginning at 9:30
a.m. CDT on Wednesday, August 17,
2011, at the Campus of the Texas
Commission on Environmental Quality,
Building F, Room 2210, 12100 Park 35
Circle, Austin, TX 78753. As with
hearing attendance, members of the
public are welcome to attend oral
argument, subject to facility security
protocol.
E. Availability of Documentary
Information Regarding the Proceeding
NINA’s application and various Staff
documents relating to the application
are available on the NRC Web site at
https://www.nrc.gov/reactors/newreactors/col/south-texas-project.html.
These and other documents relating to
this proceeding are available for public
inspection at the Commission’s Public
Document Room, located at One White
Flint North, 11555 Rockville Pike (first
floor), Rockville, MD 20852, or
electronically from the publicly
available records component of NRC’s
document system (ADAMS). ADAMS is
accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/
adams.html (the Public Electronic
Reading Room). Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC Public Document Room
reference staff by telephone at (800)
397–4209 or (301) 415–4737 (available
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44619-44623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18853]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[ Docket No. 030-33305; License No. 25-10994-04; EA-10-258; NRC-2011-
0163]
In the Matter of Bozeman Deaconess Foundation, dba Bozeman
Deaconess Hospital, Bozeman, MT; Confirmatory Order Modifying License;
(Effective Immediately)
I
Bozeman Deaconess Hospital (Licensee) is the holder of Materials
License No. 25-10994-04 issued by the Nuclear Regulatory Commission
(NRC or the Commission) pursuant to Title 10 of the Code of Federal
Regulations (10 CFR) parts 30 and 35. The license authorizes the
operation of the Licensee's facility in accordance with the conditions
specified therein, at 915 Highland Boulevard, Bozeman, Montana.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on May 25, 2011, at the NRC Region IV offices in Arlington,
Texas.
II
On January 27, 2010, the NRC conducted a routine unannounced
inspection of the Bozeman Deaconess Hospital facility to evaluate
radiation safety and security, as well as compliance with Commission
rules and regulations and the conditions of the license. During the
inspection, it was determined that an employee of Bozeman Deaconess
Hospital failed to secure radioactive materials from unauthorized
access or removal from the facility's nuclear medicine laboratory (hot
lab). On March 8, 2010, the NRC Office of Investigations (OI), Region
IV, began an investigation (OI Case No. 4-2010-033) to determine
whether employees from Bozeman Deaconess Hospital willfully failed to
secure radioactive material during periods when authorized personnel
were absent from the hot lab. Based on the results of the inspection
and the evidence developed during the investigation, the NRC identified
two apparent violations. The first apparent violation involved a
willful failure to secure licensed materials from unauthorized removal
or access as required by 10 CFR 20.1801. The second violation involved
a failure to control and maintain constant surveillance of licensed
material as required by 10 CFR 20.1802.
By letter dated April 12, 2011, the NRC transmitted the results of
the inspection and a factual summary of OI's Investigation Report 4-
2010-033 to Bozeman Deaconess Hospital. In the April 12 letter, the NRC
informed the Licensee that the NRC was considering escalated
enforcement action for the apparent violations. The NRC offered the
Licensee the opportunity to request a predecisional enforcement
conference or request ADR with the NRC in an attempt to resolve issues
associated with this matter. In response, on April 21, 2011, Bozeman
Deaconess Hospital requested ADR to resolve this matter with the NRC.
On May 25, 2011, the NRC and Licensee representatives met in an ADR
session with a professional mediator, arranged through the Cornell
University 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 on resolving any differences regarding
the dispute. This
[[Page 44620]]
Confirmatory Order is issued pursuant to the agreement reached during
the ADR process.
III
In response to the NRC's offer, the Licensee requested use of the
NRC's ADR process to resolve differences it had with 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's ADR program, the following are the terms and
conditions agreed upon in principle by Bozeman Deaconess Hospital (the
hospital) and the NRC relating to the NRC Inspection Report 030-33305/
2010-001 (and Investigation Report No.4-2010-033) dated April 12, 2011.
Whereas, the NRC identified an apparent violation of 10 CFR 20.1801
and 20.1802 in that a nuclear medicine technician deliberately failed
to secure the nuclear medicine door during periods when hospital staff
were not available to secure radioactive materials from unauthorized
access and/or removal;
Whereas, the NRC identified instances of willfulness where hospital
employees raised a concern about the nuclear medicine technician's
failures to secure the nuclear medicine door, yet hospital managers did
not adequately address the concern and as a result, the violation had
been occurring for approximately 10 years;
Whereas, the NRC identified instances in which the hospital's
radiation safety officer also raised the concern to a hospital manager,
yet hospital management failed to adequately address the concern and
failed to prevent the violation from recurring;
Whereas, the NRC identified that the hospital's former radiation
safety officer stated he had no knowledge of NRC regulations that
required the nuclear medicine door to be secure in order to prevent the
removal and/or access to radioactive material, and the former radiation
safety officer did not attempt to become familiar with NRC requirements
in order to meet his responsibilities as defined in 10 CFR 35.24;
Whereas, the NRC is interested in obtaining comprehensive
corrective actions by the hospital that would prevent future failures
to secure licensed material; and any future willful violations;
Whereas, the NRC is interested in obtaining comprehensive
corrective actions that ensure hospital staff and managers understand
NRC regulations and the conditions of the license;
Whereas, the NRC is interested in obtaining comprehensive
corrective actions to ensure that hospital workers understand their
obligations to follow NRC requirements and to raise safety concerns to
hospital management;
Whereas the NRC is interested in ensuring that hospital managers
understand their obligations to follow NRC requirements and their
obligations to review and act on any concerns raised to them by
hospital staff;
Whereas, the NRC is interested in obtaining comprehensive
corrective actions by hospital management to ensure that the hospital
selects radiation safety officers who understand NRC regulations and
the license conditions, and who understand their responsibilities under
10 CFR 35.24;
Whereas, these terms and conditions shall not be binding on either
party until memorialized in a confirmatory order issued by the NRC to
the hospital relating to this matter.
Therefore, the parties agree to the following terms and conditions:
1. Within 45 days of the date of this Confirmatory Order, the
Licensee shall submit a license amendment request and provide its
procedure to comply with 10 CFR 20.1801 and 20.1802.
2. Within 30 days from the date of this confirmatory order, the
Licensee must contract with an independent third-party organization to
provide training to hospital staff and managers who are required to
receive training under 10 CFR 19.12 on: (1) What constitutes deliberate
misconduct under NRC regulations at 10 CFR 30.10, (2) the range of
enforcement actions that the NRC has taken against individuals and
licensees who engaged in deliberate misconduct, and (3) the definitions
of willfulness and careless disregard contained in the NRC Enforcement
Policy. The NRC Enforcement Policy (ADAMS Accession No. ML093480037)
and examples of significant NRC enforcement actions are found at https://www.nrc.gov/about-nrc/regulatory/enforcement/current.html. At least 14
days prior to commencing the training, the Licensee must submit the
name and resume of the independent third-party individual who will be
providing this training to the Director, Division of Nuclear Material
Safety; 612 E. Lamar Blvd., Arlington, TX 76011. The training must be
completed within 90 days of the date of this Confirmatory Order.
3. The Licensee must contract with an independent third-party
organization to provide training to hospital staff and managers who are
required to receive training under 10 CFR 19.12 on the following
topics:
A. The model training program in Appendix J to NUREG 1556, Volume
9, Revision 2; and
B. An overview of 10 CFR 19.16 and 10 CFR 30.7.
The extent of this training must be commensurate with potential
radiological health protection problems present in the work place. In
addition, the Licensee must develop a mechanism to assess the
effectiveness of the training that was conducted. At least 14 days
prior to commencing the training, the Licensee must submit the name and
resume of the independent third-party individual who will be providing
this training to the Director, Division of Nuclear Materials Safety;
612 E. Lamar Blvd., Arlington, TX 76011. The training must be completed
within 90 days of the date of this Confirmatory Order.
4. The hospital shall modify its internal requirements for new
worker training and for its annual refresher training to require that
the topics presented in Conditions 2 and 3 be made part of the
training. Training in these areas may be provided by qualified hospital
staff, and is required for managers and staff who are required to
receive training under 10 CFR 19.12. The training requirements must
include a mechanism to assess the effectiveness of the training. This
training must be commensurate with the potential radiological health
protection issues present in the work place. Within 45 days of the date
of this Confirmatory Order, the Licensee must submit to the NRC a
license amendment request to incorporate these requirements for new
worker training and annual refresher training.
5. Within 30 days of the date of this Confirmatory Order, the
Licensee must develop a procedure which assesses, during the selection
process for radiation safety officers, the person's understanding of 10
CFR parts 19, 20, and 35. Within 45 days of the date of this
Confirmatory Order, the Licensee shall submit a license amendment
request to have the procedure incorporated into its NRC license.
6. Within 30 days of the date of this Confirmatory Order, the
Licensee must develop and implement a procedure that allows hospital
employees and contractors to raise radiation safety concerns to
hospital management. The procedure must: (a) Accommodate anonymous
concerns and must maintain the anonymity of the individual; (b)
describe the reviews to be conducted by hospital management; and (c)
describe when the radiation safety committee will review and resolve
employee safety concerns. The procedure must describe the Licensee's
process for reviewing and
[[Page 44621]]
approving changes to this procedure. The Licensee is authorized to make
changes to this procedure without prior Commission approval as long as:
(a) The proposed revision is documented, reviewed, and approved by the
Licensee's radiation safety committee; (b) the revised procedure is in
accordance with regulatory requirements; (c) the Licensee's staff is
trained in the revised procedure prior to its implementation; and (d)
the Licensee's audit program evaluates the effectiveness of the change
and its implementation. Within 45 days of the date of this Confirmatory
Order, the Licensee must submit a license amendment request, which
requires that the Licensee maintain such a procedure.
7. Between 12-15 months from the date of this Confirmatory Order,
the Licensee shall perform an assessment of the effectiveness of the
training provided in Conditions 2 and 3. The results of its assessment
shall be maintained by the Licensee for 3 years and shall be available
for the NRC to review.
8. The Licensee agrees to pay a civil penalty of $3,500 within 30
days of the date of this Confirmatory Order.
On July 1, 2011, the Licensee consented to issuing 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 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 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 20, 30, and 35, It is
hereby ordered, effective immediately, that License No. 25-10994-04 is
modified as follows:
1. Within 45 days of the date of this Confirmatory Order, the
Licensee shall submit a license amendment request and provide its
procedure to comply with 10 CFR 20.1801 and 20.1802.
2. Within 30 days from the date of this Confirmatory Order, the
Licensee must contract with an independent third-party organization to
provide training to hospital staff and managers who are required to
receive training under 10 CFR 19.12 on the following topics:
A. What constitutes deliberate misconduct under NRC regulations at
10 CFR 30.10;
B. The range of enforcement actions that the NRC has taken against
individuals and licensees who engaged in deliberate misconduct.
C. The definitions of willfulness and careless disregard contained
in the NRC Enforcement Policy (ADAMS Accession No. ML093480037).
The NRC Enforcement Policy (ADAMS Accession No.ML093480037) and
examples of significant NRC enforcement actions are found at https://www.nrc.gov/about-nrc/regulatory/enforcement/current.html. At least 14
days prior to commencing the training, the Licensee must submit the
name and resume of the independent third-party individual who will be
providing this training to the Director, Division of Nuclear Materials
Safety; 612 E. Lamar Blvd., Arlington, TX 76011. The training must be
completed within 90 days of the date of this Confirmatory Order.
3. The Licensee must contract with an independent third-party
organization to provide training to hospital staff and managers who are
required to receive training under 10 CFR 19.12 on the following
topics:
A. The Model Training Program in Appendix J to NUREG 1556, Volume
9, Revision 2; and
B. An overview of 10 CFR 19.16 and 10 CFR 30.7.
The extent of this training must be commensurate with potential
radiological health protection problems present in the workplace. In
addition, the Licensee must develop a mechanism to assess the
effectiveness of the training that was conducted. At least 14 days
prior to commencing the training, the Licensee must submit the name and
resume of the independent third-party individual who will be providing
this training to the Director, Division of Nuclear Materials Safety;
612 E. Lamar Blvd., Arlington, TX 76011. The training must be completed
within 90 days of the date of this Confirmatory Order.
4. The Licensee shall modify its internal requirements for new
worker training and for its annual refresher training to require that
the topics presented in Conditions 2 and 3 be made part of the
training. Training in these areas may be provided by qualified hospital
staff, and is required for managers and staff who are required to
receive training under 10 CFR 19.12. The training requirements must
include a mechanism to assess the effectiveness of the training. This
training must be commensurate with the potential radiological health
protection issues present in the workplace. Within 45 days of the date
of this Confirmatory Order, the Licensee must submit to the NRC a
license amendment request to incorporate these requirements for new
worker training and annual refresher training.
5. Within 30 days of the date of this Confirmatory Order, the
Licensee must develop a procedure which assesses, during the selection
process for radiation safety officers, the person's understanding of 10
CFR parts 19, 20, and 35. Within 45 days of the date of this
Confirmatory Order, the Licensee shall submit a license amendment
request to have the procedure incorporated into its NRC license.
6. Within 30 days of the date of this Confirmatory Order, the
Licensee must develop and implement a procedure that allows hospital
employees and contractors to raise radiation safety concerns to
hospital management. The procedure must: (a) Accommodate anonymous
concerns and must maintain the anonymity of the individual; (b)
describe the reviews to be conducted by hospital management; and (c)
describe when the radiation safety committee will review and resolve
employee safety concerns. The procedure must describe the Licensee's
process for reviewing and approving changes to this procedure. The
Licensee is authorized to make changes to this procedure without prior
Commission approval as long as: (a) The proposed revision is
documented, reviewed, and approved by the Licensee's radiation safety
committee; (b) the revised procedure is in accordance with regulatory
requirements; (c) the Licensee's staff is trained in the revised
procedure prior to its implementation; and (d) the Licensee's audit
program evaluates the effectiveness of the change and its
implementation. Within 45 days of the date of this Confirmatory Order,
the Licensee must submit a license amendment request, which requires
that the Licensee maintain such a procedure.
7. Between 12 and 15 months from the date of this Confirmatory
Order, the Licensee shall perform an assessment of the effectiveness of
the training provided in Conditions 2 and 3. The results of its
assessment shall be
[[Page 44622]]
maintained by the Licensee for 3 years and shall be available for the
NRC to review.
8. The Licensee agrees to pay a civil penalty of $3,500 within 30
days of the date of this Confirmatory Order. The Licensee must pay the
civil penalty, in accordance with NUREG/BR-0254 and by submitting to
the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852-2738, 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 made in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, 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 the Electronic Information Exchange (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://ehd1.nrc.gov/EHD/, 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
[[Page 44623]]
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 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. 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 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 8th day of July 2011.
For the Nuclear Regulatory Commission.
Elmo E. Collins,
Administrator, NRC Region IV.
[FR Doc. 2011-18853 Filed 7-25-11; 8:45 am]
BILLING CODE 7590-01-P
