In the Matter of Professional Service Industries, Inc., Oakbrook Terrace, IL; Confirmatory Order (Effective Immediately), 53975-53979 [2011-22109]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53975-53979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22109]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2011-0195; 030-33792; 12-16941-03 (terminated); EA-10-161]


In the Matter of Professional Service Industries, Inc., Oakbrook 
Terrace, IL; Confirmatory Order (Effective Immediately)

I

    Professional Service Industries, Inc., (PSI) was the holder of 
Materials License No. 12-16941-03 issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission) pursuant to Title 10 of the Code of 
Federal Regulations (10 CFR) part 30 on September 13, 1995, and 
terminated on January 29, 2010. The license authorized PSI to possess 
and use sealed radioactive sources in performance of industrial 
radiographic activities in Rock Springs, Wyoming, and at temporary job 
sites within Federal jurisdiction.
    This Confirmatory Order is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on July 11, 2011.

II

    On March 31, 2009, the NRC conducted an inspection at the PSI 
Oakbrook Terrace, Illinois, facility, and on July 27 through 30, 2009, 
at the PSI Rock Springs, Wyoming, facility and at a temporary jobsite 
in Wyoming. The NRC also continued to do in-office inspection through 
April 25, 2011. On April 10, 2009, the NRC Office of Investigations 
(OI) initiated an investigation (OI Case No. 3-2009-021) to determine 
whether management individuals at the PSI Rock Springs, Wyoming, office 
engaged in deliberate misconduct by allowing uncertified radiographers 
to conduct radiography and by failing to ensure that qualified 
individuals were present to maintain proper surveillance during 
radiographic operations.
    The NRC inspection identified that safety and security-related 
violations had occurred at PSI's Rock Springs, Wyoming, office, and at 
temporary job sites in the vicinity of the Rock Springs, Wyoming, 
office during 2008 and 2009. The apparent safety violations included 
PSI's failure to: (1) Ensure that individuals acting as radiographers 
had required training; (2) ensure that individuals acting as 
radiographer's assistants had required training and that there were two 
qualified individuals present when performing radiography at temporary 
jobsites; (3) provide a radiographer's assistant with a personnel 
dosimeter to wear while conducting radiographic operations; (4) conduct 
annual reviews of its Radiation Protection Program content and 
implementation; (5) provide annual reports of the doses received by 
monitored individuals to those individuals; (6) use physical barriers 
for the restricted area perimeter; (7) prevent unauthorized personnel 
from being within the restricted area boundaries while industrial 
radiographic equipment was in use; and (8) conduct reasonable surveys 
to assure compliance with public dose limits. The security-related 
violations are described in the non-publicly available Appendix to this 
Confirmatory Order.
    The NRC investigation determined that a manager in the PSI Rock 
Springs, Wyoming, office willfully assigned an individual to perform 
radiography on at least one occasion, knowing that the individual was 
not properly qualified. The NRC investigation also determined that an 
individual deliberately accepted the assignment and performed 
radiography, knowing that his Industrial Radiography Radiation Safety 
Personnel (IRRSP) card had expired.
    On July 11, 2011, the NRC and PSI 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, PSI requested use of the NRC's ADR 
process to resolve differences it had with the NRC. During an ADR 
session on July 11, 2011, a preliminary settlement agreement was 
reached. The elements of the agreement consisted of the following:
    1. Within 90 days of the issuance of this Confirmatory Order, PSI 
agrees to review the training, certification and security authorization 
of each employee performing or assisting with radiography. Within 30 
days of the completion of the review, a corporate level individual will 
sign a statement indicating whether the employee is authorized to work 
with licensed material. For radiographers, this statement will include 
the expiration date for their radiography training required by 10 CFR 
34.43 or equivalent State requirements. A copy of the statement will be 
provided to the employee, the employee's immediate supervisor, and the 
local radiation safety officer, as well as be kept by the corporate 
office. Prior to the employee being assigned to a radiography crew, the 
person assigning work will verify that the employee is qualified. PSI 
will implement a periodic (at least biennial) review of the 
qualification statements for at least the next five years. This item 
will be included as a line item in the PSI annual audit (required by 10 
CFR 20.1101 or the equivalent State requirements) of the Radiation 
Safety Program for the next five years; it may be lined through for 
those years not requiring review.
    2. Within 90 days of the issuance of this Confirmatory Order, PSI 
agrees to develop and implement procedures for the corporate radiation 
safety office to directly perform or to observe the local radiation 
safety officer's performance of the field inspections/audits of 
radiographers and radiographer assistants required by 10 CFR 34.43(e) 
or equivalent State requirements. The procedures shall define the 
periodicity of the inspections/audits, such that each branch office is 
inspected by the corporate radiation safety staff at least once every 
year. These procedures will be maintained and revised based on lessons 
learned for a minimum of five years. These procedures will include 
safety and security areas to be evaluated by corporate radiation staff 
and areas that will be evaluated by branch office radiation staff.
    3. Within 90 days of the issuance of this Confirmatory Order, PSI 
agrees to develop and implement a disciplinary program with a graded 
approach for radiation safety and security infractions. Under the 
program, corporate staff will have the authority to take direct 
disciplinary action for radiation safety and security issues. The 
disciplinary program will emphasize individual responsibility for 
radiation safety and radioactive material security, and will encourage 
reporting safety and security concerns, including the employee

[[Page 53976]]

hotline. Prior to implementation of the program, PSI will train its 
employees on the program. PSI agrees to perform biennial verification 
that the procedure remains current for the next five years (minimum of 
two verifications). This item will be included as a line item in the 
PSI annual audit of the Radiation Safety Program for the next five 
years; it may be lined through for those years not requiring review.
    4. Within 90 days of the issuance of this Confirmatory Order, PSI 
agrees to develop, implement, and provide training to all radiation 
safety officers, radiographers, and assistant radiographers. 
Additionally, this training shall be provided to new employees prior to 
working with licensed material for the first time. Refresher training 
will be provided annually (at intervals not to exceed 12 months) 
thereafter for all employees involved in licensed activities. Records 
of training materials and course attendees shall be maintained for at 
least five years. Verification of training will be included as a line 
item in the PSI annual audit of the Radiation Safety Program for the 
next five years. The training shall address at a minimum:
    (a) A review of requirements for safe and secure performance of 
radiography, including review of PSI's Operating and Emergency 
Procedures;
    (b) A review of any radiation mishaps, audit deficiencies, or 
regulatory violations within PSI as well as significant events within 
the industry (if known);
    (c) A review of the consequences of and the potential actions that 
could be taken for deliberate violations of PSI requirements;
    (d) A review of PSI's license conditions and regulations governing 
the use of licensed material (including appropriate reporting 
requirements such as 10 CFR 30.50 and 10 CFR 34.101; and employee 
protection requirements such as those contained in 10 CFR 30.7, or the 
equivalent State requirements);
    (e) A review of the changes made to PSI procedures and policies 
resulting from the terms of this Confirmatory Order.
    5. Within 90 days of the date of this Confirmatory Order, PSI 
agrees to develop and schedule a training session on safety culture and 
the role and responsibility of the radiation safety officer to maintain 
an effective safety culture. The training shall be presented to each 
radiation safety officer within 180 days of the date of this 
Confirmatory Order. The training shall be conducted annually for five 
years and provided to newly assigned radiation safety officers within 
30 days of assignment, if that assignment occurs greater than 180 days 
after the issuance of this Confirmatory Order. Verification of training 
will be included as a line item in the PSI annual audit of the 
Radiation Safety Program for the next five years.
    6. PSI agrees to include as part of the annual reviews of the 
Radiation Safety Program (including security aspects), an assessment of 
the effectiveness of and adherence to the terms of this Confirmatory 
Order. The assessment will be summarized and provided to all PSI 
employees who have responsibilities in the use of radiography. The 
complete assessment will be provided to corporate management and 
retained for at least five years from the date of the audit.
    7. [Official Use Only--Security-Related Information. Described in 
the non-publicly available Appendix to this Confirmatory Order].
    8. Within 30 days of issuance of this Confirmatory Order, PSI 
agrees to revise procedures to increase the independence of 
inspections/audits of each radiographer and assistant radiographer for 
the next two years following issuance of this Confirmatory Order. The 
revised procedure will have at least one quarterly inspection/audit at 
each branch office be conducted by an independent auditor (corporate 
radiation safety officer, radiation safety officer from a different 
branch office, an independent consultant, or another individual meeting 
the NRC's requirements for a radiation safety officer). As prescribed 
by procedure, the field audits shall be unannounced and the auditor 
shall observe PSI radiographers actually performing radiographic 
operations. Serious deficiencies (such as untrained personnel, not 
wearing dosimetry, unsafe operations or security issues) identified 
during the audit will be discussed with the local and corporate 
radiation safety officers within 24 hours of the observation and a plan 
to correct the problem will be put into place within the following 48 
hours following the conversation. The auditor will provide both the 
local and corporate radiation safety officers with a copy of the audit 
results, including discussion of areas needing improvement. The annual 
audit of the Radiation Safety Program will include verification that 
field audit deficiencies have been corrected.
    9. PSI agrees to make a one-time submittal to the Director, 
Division of Nuclear Materials Safety, U.S. Nuclear Regulatory 
Commission, Region III, 2443 Warrenville Road, Lisle, IL 60532-4352, as 
to how each of the above items was completed, including copies of 
procedure changes and training materials, within 30 days following the 
completion of the last item (which is scheduled to be completed no 
later than 180 days after the issuance of this Confirmatory Order). PSI 
also agrees to provide the NRC a summary of its annual reviews of the 
Radiation Safety Program, including information about how this 
Confirmatory Order has been met for the next five years following 
issuance of this Confirmatory Order. This summary shall be provided to 
the NRC within 60 days of completion of the annual audit.
    10. PSI agrees to provide the NRC with a minimum of eight days 
notice prior to entering NRC's jurisdiction beyond the requirements of 
10 CFR 150.20, for a period of three years following issuance of this 
Confirmatory Order.
    11. PSI agrees to provide written long-term corrective actions for 
each of the specific safety and security violations enclosed with the 
Order within 60 days of the issuance of this Confirmatory Order.
    12. In consideration of the above actions on the part of PSI, NRC 
agrees to limit the civil penalty amount in this enforcement action to 
$15,000. Accordingly, within 30 days of the date of this Confirmatory 
Order, PSI shall pay the civil penalty in the amount of $15,000 in 
accordance with NRC Technical Report (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.
    13. In consideration of the above actions on the part of PSI, NRC 
agrees to enclose Notices of Violation to this Confirmatory Order 
documenting the eight safety violations described above, the security-
related violations described in the non-publicly available Appendix to 
this Confirmatory Order, and the severity level of each violation, with 
no additional response requirements beyond the terms specified in this 
agreement.
    14. PSI makes no admission that any employee or former employee 
deliberately violated any NRC requirements and the NRC agrees not to 
pursue any further enforcement action in connection with events 
described in the NRC's May 16, 2011, letter to PSI. This does not 
prohibit the NRC from taking enforcement action in accordance with the 
NRC Enforcement Policy if PSI commits similar violations in the future 
or violates this Confirmatory Order.
    On August 9, 2011, the licensee consented to issuing this 
Confirmatory

[[Page 53977]]

Order with the commitments, as described in Section V below. PSI 
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.
    We find that PSI'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, we have determined that public health and safety require 
that PSI's commitments be confirmed by this Confirmatory Order. Based 
on the above and PSI'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 part 30, it is hereby ordered, 
effective immediately, that:
    1. Within 90 days of the issuance of this Confirmatory Order, PSI 
shall review the training, certification and security authorization of 
each employee performing or assisting with radiography. Within 30 days 
of the completion of the review, a corporate level individual shall 
sign a statement indicating whether the employee is authorized to work 
with licensed material. For radiographers, this statement shall include 
the expiration date for their radiography training required by 10 CFR 
34.43 or equivalent State requirements. A copy of the statement shall 
be provided to the employee, the employee's immediate supervisor, and 
the local radiation safety officer, as well as be kept by the corporate 
office. For the next five years, the person assigning work will verify 
that the employee is qualified prior to the employee being assigned to 
a radiography crew. PSI shall implement a periodic (at least biennial) 
review of the qualification statements for at least the next five 
years. This item shall be included as a line item in the PSI annual 
audit (required by 10 CFR 20.1101 or the equivalent State requirements) 
of the Radiation Safety Program for the next five years; it may be 
lined through for those years not requiring review.
    2. Within 90 days of the issuance of this Confirmatory Order, PSI 
shall develop and implement procedures for the corporate radiation 
safety office to directly perform or to observe the local radiation 
safety officer's performance of the field inspections/audits of 
radiographers and radiographer assistants required by 10 CFR 34.43(e) 
or equivalent State requirements. The procedures shall define the 
periodicity of the inspections/audits, such that each branch office is 
inspected by the corporate radiation safety staff at least once every 
year. These procedures shall be maintained and revised based on lessons 
learned for a minimum of five years. These procedures shall include 
safety and security areas to be evaluated by corporate radiation staff 
and areas that shall be evaluated by branch office radiation staff.
    3. Within 90 days of the issuance of this Confirmatory Order, PSI 
shall develop and implement a disciplinary program with a graded 
approach for radiation safety and security infractions. Under the 
program, corporate staff shall have the authority to take direct 
disciplinary action for radiation safety and security issues. The 
disciplinary program shall emphasize individual responsibility for 
radiation safety and radioactive material security, and shall encourage 
reporting safety and security concerns, including the employee hotline. 
Prior to implementation of the program, PSI shall train its radiography 
employees on the program. PSI shall perform biennial verification that 
the procedure remains current and that the program remains in effect 
for the next five years (minimum of two verifications). This item shall 
be included as a line item in the PSI annual audit of the radiography 
Radiation Safety Program for the next five years; it may be lined 
through for those years not requiring review.
    4. Within 90 days of the issuance of this Confirmatory Order, PSI 
shall develop, implement, and provide training to all radiography 
radiation safety officers, radiographers, and assistant radiographers. 
For the next five years, this training shall be provided to new 
radiography employees prior to working with licensed material for the 
first time. Additionally, for the next five years, refresher training 
will be provided annually (at intervals not to exceed 12 months) for 
all employees involved in licensed activities. Records of training 
materials and course attendees shall be maintained for at least five 
years. Verification of training shall be included as a line item in the 
PSI annual audit of the Radiation Safety Program for the next five 
years. The training shall address at a minimum:
    (a) A review of requirements for safe and secure performance of 
radiography, including review of PSI's Operating and Emergency 
Procedures;
    (b) A review of any radiation mishaps, audit deficiencies, or 
regulatory violations within PSI as well as significant events within 
the industry (if known);
    (c) A review of the consequences of and the potential actions that 
could be taken for deliberate violations of PSI requirements;
    (d) A review of PSI's license conditions and regulations governing 
the use of licensed material (including appropriate reporting 
requirements such as 10 CFR 30.50 and 10 CFR 34.101; and employee 
protection requirements such as those contained in 10 CFR 30.7 or the 
equivalent State requirements);
    (e) A review of the changes made to PSI procedures and policies 
resulting from the terms of this Confirmatory Order.
    5. Within 90 days of the date of this Confirmatory Order, PSI shall 
develop and schedule a training session on safety culture and the role 
and responsibility of the radiography radiation safety officer to 
maintain an effective safety culture. The training shall be presented 
to each radiation safety officer within 180 days of the date of this 
Confirmatory Order. The training shall be conducted annually for five 
years and provided to newly assigned radiation safety officers within 
30 days of assignment, if that assignment occurs greater than 180 days 
after the issuance of this Confirmatory Order. Verification of training 
shall be included as a line item in the PSI annual audit of the 
Radiation Safety Program for the next five years.
    6. PSI shall include as part of the annual reviews of the Radiation 
Safety Program (including security-related aspects), an assessment of 
the effectiveness of and adherence to the terms of this Confirmatory 
Order. The assessment shall be summarized and provided to all PSI 
employees who have responsibilities in the use of radiography. The 
complete assessment shall be provided to corporate management and 
retained for at least five years from the date of the audit.
    7. [Official Use Only--Security-Related Information. Described in 
the non-publicly available Appendix to this Confirmatory Order].
    8. Within 30 days of issuance of this Confirmatory Order, PSI shall 
revise procedures to increase the independence of inspections/audits of 
each radiographer and assistant

[[Page 53978]]

radiographer for the next two years following issuance of this 
Confirmatory Order. The revised procedure shall have at least one 
quarterly inspection/audit at each branch office be conducted by an 
independent auditor (corporate radiation safety officer, radiation 
safety officer from a different branch office, an independent 
consultant, or another individual meeting the NRC's requirements for a 
radiation safety officer). As prescribed by procedure, the field audits 
shall be unannounced and the auditor shall observe PSI radiographers 
actually performing radiographic operations. Serious deficiencies (such 
as untrained personnel, not wearing dosimetry, unsafe operations or 
security issues) identified during the audit shall be discussed with 
the local and corporate radiation safety officers within 24 hours of 
the observation and a plan to correct the problem shall be put into 
place within the following 48 hours following the conversation. The 
auditor shall provide both the local and corporate radiation safety 
officers with a copy of the audit results, including discussion of 
areas needing improvement. The annual audit of the Radiation Safety 
Program shall include verification that field audit deficiencies have 
been corrected.
    9. PSI shall make a one-time submittal to the Director, Division of 
Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, Region 
III, 2443 Warrenville Road, Lisle, IL 60532-4352, as to how each of the 
above items was completed, including copies of procedure changes and 
training materials, within 30 days following the initial implementation 
of the last item (which is scheduled to be implemented no later than 
180 days after the issuance of this Confirmatory Order). PSI shall 
provide the NRC a summary of its annual reviews of the Radiation Safety 
Program, including information about how this Confirmatory Order has 
been met for the next five years following issuance of this 
Confirmatory Order. This summary shall be provided to the NRC within 60 
days of completion of the annual audit.
    10. PSI shall provide the NRC with a minimum of eight days notice 
prior to entering NRC jurisdiction beyond the requirements of 10 CFR 
150.20, for a period of three years following issuance of this 
Confirmatory Order.
    11. PSI shall provide written long-term corrective actions for each 
of the specific safety and security-related violations enclosed with 
the Order within 60 days of the issuance of this Confirmatory Order.
    12. Within 30 days of the date of this Confirmatory Order, PSI 
shall pay the civil penalty in the amount of $15,000 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, Region III, NRC, may, in writing, relax 
or rescind any of the above conditions upon demonstration by PSI of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than PSI, 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 the NRC's 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 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, 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

[[Page 53979]]

their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request/petition to intervene is filed 
so that they can obtain access to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    If a person (other than PSI) 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.

    For the U.S. Nuclear Regulatory Commission.

     Dated this 18th day of August 2011.
Mark A. Satorius,
Regional Administrator, NRC Region III.
[FR Doc. 2011-22109 Filed 8-29-11; 8:45 am]
BILLING CODE 7590-01-P