Order Prohibiting Involvement in NRC-Licensed Activities; In the Matter of Jaime Sánchez, 31045-31047 [2012-12621]
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Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Christopher
Brown (Telephone 301–415–7111 or
Email: Christopher.Brown@nrc.gov) five
days prior to the meeting, if possible, so
that appropriate arrangements can be
made. Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be emailed to the DFO one day
before the meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
presentation at least thirty minutes
before the meeting. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 17, 2011, (76 FR 64127–64128).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: May 18, 2012.
Cayetano Santos,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2012–12611 Filed 5–23–12; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on Planning and
Procedures; Notice of Meeting
The ACRS Subcommittee on Planning
and Procedures will hold a meeting on
June 5, 2012, Room T–2B1, 11545
Rockville Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance, with the exception of
a portion that may be closed pursuant
to 5 U.S.C. 552b (c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to the internal
personnel rules and practices of the
ACRS, and information the release of
which would constitute a clearly
unwarranted invasion of personal
privacy.
The agenda for the subject meeting
shall be as follows:
Tuesday, June 5, 2012—11:00 a.m. Until
12:00 p.m.
The Subcommittee will discuss
proposed ACRS activities and related
matters. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Antonio Dias
(Telephone 301–415–6805 or Email:
Antonio.Dias@nrc.gov) five days prior to
the meeting, if possible, so that
arrangements can be made. Thirty-five
hard copies of each presentation or
handout should be provided to the DFO
thirty minutes before the meeting. In
addition, one electronic copy of each
presentation should be emailed to the
DFO one day before the meeting. If an
electronic copy cannot be provided
within this timeframe, presenters
should provide the DFO with a CD
containing each presentation at least
thirty minutes before the meeting.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 17, 2011, (76 FR 64126–
64127).
Information regarding changes to the
agenda, whether the meeting has been
canceled or rescheduled, and the time
allotted to present oral statements can
be obtained by contacting the identified
DFO. Moreover, in view of the
possibility that the schedule for ACRS
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31045
meetings may be adjusted by the
Chairman as necessary to facilitate the
conduct of the meeting, persons
planning to attend should check with
the DFO if such rescheduling would
result in a major inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: May 17, 2012.
Cayetano Santos,
Chief, Reactor Safety Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2012–12614 Filed 5–23–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0115; IA–11–036]
Order Prohibiting Involvement in NRC–
Licensed Activities; In the Matter of
´
Jaime Sanchez
I
´
´
Jaime Sanchez (Mr. Sanchez) is
President of S&R Engineering (S&R,
licensee) in San Juan, Puerto Rico. S&R
held License No. 52–30913–01 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
June 21, 2004. The license authorized
the possession, storage, and use of
licensed nuclear material in portable
gauges to measure the physical
properties of materials in accordance
with the conditions specified therein.
On October 29, 2009, the NRC issued an
Order to S&R due to S&R’s failure to pay
its license fees. The Order prohibited
S&R from using its licensed radioactive
material (one portable moisture density
gauge containing a cesium-137 sealed
source and an americium-241 sealed
source), and indicated that if S&R failed
to pay the fee within the required 30
days, S&R was required to dispose of or
transfer the gauge to an authorized
recipient within 60 days (by December
29, 2009) and to notify the NRC in
writing of the disposition of the gauge.
S&R did not pay the license fee, and did
not notify the NRC that it had
dispositioned the gauge.
II
In a letter dated August 1, 2011, the
´
NRC provided to Mr. Sanchez the
results of an investigation initiated by
the NRC’s Office of Investigations (OI).
´
The letter informed Mr. Sanchez that
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the NRC was considering escalated
enforcement action against him for an
apparent violation of 10 CFR 30.10(a)(2),
due to his deliberate submittal to the
NRC of information that he knew to be
incomplete or inaccurate in some
respect material to the NRC during a
telephone conversation on August 3,
2010. Specifically, the NRC determined
that during the telephone call, Mr.
´
Sanchez deliberately informed an NRC
inspector that S&R had transferred its
gauge to an authorized recipient when,
in fact, S&R remained in possession of
the gauge.
In a separate letter dated August 1,
´
2011, the NRC informed Mr. Sanchez
that the NRC was also considering
escalated enforcement action against his
company (S&R) for violations of NRC
requirements including: (1) Providing
information to the NRC that is not
complete and accurate in all material
respects as required by 10 CFR 30.9(a);
(2) failing to comply with or respond to
an NRC Order as required by 10 CFR
2.202(b) regarding either payment of the
licensing fee or properly disposing of or
transferring the gauge; (3) failing to
afford the NRC the opportunity to
inspect materials, activities, and records
under the regulations as required by
10 CFR 19.14(a); and (4) failing to use
a minimum of two independent controls
that form tangible barriers to secure
S&R’s portable gauge from unauthorized
removal, when the portable gauge was
not under S&R’s direct control and
constant surveillance, as required by 10
CFR 30.34(i).
In those letters, the NRC offered S&R
´
and Mr. Sanchez a choice to attend a
Pre-decisional Enforcement Conference
(PEC) or to request Alternative Dispute
Resolution (ADR) to resolve any
disagreement over: (1) Whether the
violations occurred; and (2) the
appropriate enforcement action.
´
However, Mr. Sanchez did not respond
to either letter or to the NRC staff’s
subsequent communication attempts.
III
Consequently, on January 13, 2012,
the NRC issued to S&R a Notice of
Violation and Proposed Imposition of
Civil Penalty (CP) in the amount of
$14,000, and notification that the NRC
would potentially impose additional
daily CPs if S&R did not transfer the
gauge to an authorized recipient within
30 days from the date of the letter. In
that letter, the NRC also informed S&R
that the NRC would forgo imposition of
any CPs if S&R appropriately transferred
its portable gauge to an authorized
recipient within 30 days from the date
of the letter. The NRC has verified that
S&R appropriately transferred the gauge
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to Earth Engineers, Inc. within the
required timeframe. Accordingly, on the
date of this Order, the NRC informed
S&R that the NRC would not impose any
CPs in association with the violations
attributed to the company, and that
S&R’s NRC license has been terminated.
Separately, the NRC has concluded
´
that Mr. Sanchez violated 10 CFR
30.10(a)(2) by deliberately submitting to
the NRC information that he knew to be
inaccurate in some respect material to
the NRC, when, during the
aforementioned telephone conversation
´
on August 3, 2010, Mr. Sanchez
deliberately informed an NRC inspector
that S&R had transferred its gauge to an
authorized recipient when, in fact, S&R
remained in possession of the gauge.
´
Mr. Sanchez’s actions resulted in the
NRC being uninformed as to the
location of licensed material and, for a
time, being precluded from inspecting
the safe use and storage of that material.
´
Mr. Sanchez’s misrepresentation to the
NRC (particularly, given his position as
the President of S&R Engineering), and
his failure to address or correct the
misinformation, have raised serious
doubts as to whether he can be relied
upon to comply with the NRC
requirements and to provide complete
and accurate information to the NRC.
As a result, I do not have the
´
necessary assurance that: Mr. Sanchez,
should he engage in NRC-licensed
activities under any other NRC license,
would perform NRC-licensed activities
safely and in accordance with the NRC
requirements; and that the health and
safety of the public will be protected if
´
Mr. Sanchez were permitted at this time
to be involved in NRC-licensed
activities.
Therefore, the public health, safety,
´
and interest require that Mr. Sanchez be
prohibited from any involvement in
NRC-licensed activities for a period of 5
years from the date of this Order.
IV
Accordingly, pursuant to Sections 81,
161b, 161i, 182 and 186 of the Atomic
Energy Act of 1954, as amended (the
Act), and the Commission’s regulations
in 10 CFR 2.202, and 10 CFR 30.10, it
is hereby ordered that:
´
1. Jaime Sanchez is prohibited for 5
years from the date of this Order from
engaging in any NRC-licensed activities.
NRC-licensed activities are those
activities that are conducted pursuant to
a specific or general license issued by
the NRC, including, but not limited to,
those activities of Agreement State
licensees conducted pursuant to the
authority granted by 10 CFR 150.20.
´
2. If Jaime Sanchez is currently
involved with another licensee in NRC-
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licensed activities, he must immediately
cease those activities, and inform the
NRC of the name, address, and
telephone number of the employer, and
provide a copy of this order to the
employer.
´
3. Jaime Sanchez shall, within 20 days
following acceptance of his first
employment offer involving NRClicensed activities or his becoming
involved in NRC-licensed activities, as
defined in Paragraph IV.1 above,
provide notice of the name, address, and
telephone number of the employer or
the entity where he is, or will be,
involved in the NRC-licensed activities
to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001. In the
´
notification, Jaime Sanchez shall
include a statement of his commitment
to comply with the NRC’s regulatory
requirements and why the Commission
should have confidence that he will
now comply with applicable NRC
requirements, and be complete and
accurate in all communications with the
NRC.
The Director, OE, may relax or rescind
any of the above conditions upon
´
demonstration by Jaime Sanchez of good
cause.
V
In accordance with 10 CFR 2.202,
´
Mr. Sanchez must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
30 days of its publication in the Federal
´
Register. In addition, Mr. Sanchez and
any other person adversely affected by
this Order may request a hearing on this
Order within 30 days of its publication
in the Federal Register. Where good
cause is shown, consideration will be
given to extending the time to answer or
request a hearing. A request for
extension of time must be directed to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, and
include a statement of good cause for
the extension.
All documents filed in the NRC
adjudicatory proceedings, including a
request for a 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 NRC E-Filing rule (72
FR 49139, August 28, 2007). The EFiling 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
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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 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to request (1) a digital
identification (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 NRCissued digital certificate). Based on 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 the
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 the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.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 System, users
will be required to install a web browser
plug-in from the NRC’s 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 a hearing or
petition for leave to intervene.
Submissions should be in portable
document format (PDF) in accordance
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with the NRC guidance available on the
NRC’s 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 email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
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
contracting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC’s Web site at
https://www.nrc/gov/site-help/esubmittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll
free call at 1–866–672–7640. 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
extension 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, MD
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
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31047
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 using 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 the 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
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
submissions.
´
If a person other than Mr. Sanchez
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Order and shall address the
criteria set forth in 10 CFR 2.309(d).
If a hearing is requested by a licensee
or a person whose interest is adversely
affected, the Commission will issue an
Order designating the time and place of
any hearings. If a hearing is held, the
issue to be considered at such hearing
shall be whether this 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 IV above shall be final 30 days
from the date this Order is published in
the Federal Register without further
order or proceedings. If an extension of
time for requesting a hearing has been
approved, the provisions specified in
Section IV shall be final when the
extension expires if a hearing request
has not been received.
Dated at Rockville, MD, this 17th day of
May 2012.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012–12621 Filed 5–23–12; 8:45 am]
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[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31045-31047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12621]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0115; IA-11-036]
Order Prohibiting Involvement in NRC-Licensed Activities; In the
Matter of Jaime S[aacute]nchez
I
Jaime S[aacute]nchez (Mr. S[aacute]nchez) is President of S&R
Engineering (S&R, licensee) in San Juan, Puerto Rico. S&R held License
No. 52-30913-01 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 June 21, 2004. The license authorized the
possession, storage, and use of licensed nuclear material in portable
gauges to measure the physical properties of materials in accordance
with the conditions specified therein. On October 29, 2009, the NRC
issued an Order to S&R due to S&R's failure to pay its license fees.
The Order prohibited S&R from using its licensed radioactive material
(one portable moisture density gauge containing a cesium-137 sealed
source and an americium-241 sealed source), and indicated that if S&R
failed to pay the fee within the required 30 days, S&R was required to
dispose of or transfer the gauge to an authorized recipient within 60
days (by December 29, 2009) and to notify the NRC in writing of the
disposition of the gauge. S&R did not pay the license fee, and did not
notify the NRC that it had dispositioned the gauge.
II
In a letter dated August 1, 2011, the NRC provided to Mr.
S[aacute]nchez the results of an investigation initiated by the NRC's
Office of Investigations (OI). The letter informed Mr. S[aacute]nchez
that
[[Page 31046]]
the NRC was considering escalated enforcement action against him for an
apparent violation of 10 CFR 30.10(a)(2), due to his deliberate
submittal to the NRC of information that he knew to be incomplete or
inaccurate in some respect material to the NRC during a telephone
conversation on August 3, 2010. Specifically, the NRC determined that
during the telephone call, Mr. S[aacute]nchez deliberately informed an
NRC inspector that S&R had transferred its gauge to an authorized
recipient when, in fact, S&R remained in possession of the gauge.
In a separate letter dated August 1, 2011, the NRC informed Mr.
S[aacute]nchez that the NRC was also considering escalated enforcement
action against his company (S&R) for violations of NRC requirements
including: (1) Providing information to the NRC that is not complete
and accurate in all material respects as required by 10 CFR 30.9(a);
(2) failing to comply with or respond to an NRC Order as required by 10
CFR 2.202(b) regarding either payment of the licensing fee or properly
disposing of or transferring the gauge; (3) failing to afford the NRC
the opportunity to inspect materials, activities, and records under the
regulations as required by 10 CFR 19.14(a); and (4) failing to use a
minimum of two independent controls that form tangible barriers to
secure S&R's portable gauge from unauthorized removal, when the
portable gauge was not under S&R's direct control and constant
surveillance, as required by 10 CFR 30.34(i).
In those letters, the NRC offered S&R and Mr. S[aacute]nchez a
choice to attend a Pre-decisional Enforcement Conference (PEC) or to
request Alternative Dispute Resolution (ADR) to resolve any
disagreement over: (1) Whether the violations occurred; and (2) the
appropriate enforcement action. However, Mr. S[aacute]nchez did not
respond to either letter or to the NRC staff's subsequent communication
attempts.
III
Consequently, on January 13, 2012, the NRC issued to S&R a Notice
of Violation and Proposed Imposition of Civil Penalty (CP) in the
amount of $14,000, and notification that the NRC would potentially
impose additional daily CPs if S&R did not transfer the gauge to an
authorized recipient within 30 days from the date of the letter. In
that letter, the NRC also informed S&R that the NRC would forgo
imposition of any CPs if S&R appropriately transferred its portable
gauge to an authorized recipient within 30 days from the date of the
letter. The NRC has verified that S&R appropriately transferred the
gauge to Earth Engineers, Inc. within the required timeframe.
Accordingly, on the date of this Order, the NRC informed S&R that the
NRC would not impose any CPs in association with the violations
attributed to the company, and that S&R's NRC license has been
terminated.
Separately, the NRC has concluded that Mr. S[aacute]nchez violated
10 CFR 30.10(a)(2) by deliberately submitting to the NRC information
that he knew to be inaccurate in some respect material to the NRC,
when, during the aforementioned telephone conversation on August 3,
2010, Mr. S[aacute]nchez deliberately informed an NRC inspector that
S&R had transferred its gauge to an authorized recipient when, in fact,
S&R remained in possession of the gauge. Mr. S[aacute]nchez's actions
resulted in the NRC being uninformed as to the location of licensed
material and, for a time, being precluded from inspecting the safe use
and storage of that material. Mr. S[aacute]nchez's misrepresentation to
the NRC (particularly, given his position as the President of S&R
Engineering), and his failure to address or correct the misinformation,
have raised serious doubts as to whether he can be relied upon to
comply with the NRC requirements and to provide complete and accurate
information to the NRC.
As a result, I do not have the necessary assurance that: Mr.
S[aacute]nchez, should he engage in NRC-licensed activities under any
other NRC license, would perform NRC-licensed activities safely and in
accordance with the NRC requirements; and that the health and safety of
the public will be protected if Mr. S[aacute]nchez were permitted at
this time to be involved in NRC-licensed activities.
Therefore, the public health, safety, and interest require that Mr.
S[aacute]nchez be prohibited from any involvement in NRC-licensed
activities for a period of 5 years from the date of this Order.
IV
Accordingly, pursuant to Sections 81, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended (the Act), and the
Commission's regulations in 10 CFR 2.202, and 10 CFR 30.10, it is
hereby ordered that:
1. Jaime S[aacute]nchez is prohibited for 5 years from the date of
this Order from engaging in any NRC-licensed activities. NRC-licensed
activities are those activities that are conducted pursuant to a
specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted
pursuant to the authority granted by 10 CFR 150.20.
2. If Jaime S[aacute]nchez is currently involved with another
licensee in NRC-licensed activities, he must immediately cease those
activities, and inform the NRC of the name, address, and telephone
number of the employer, and provide a copy of this order to the
employer.
3. Jaime S[aacute]nchez shall, within 20 days following acceptance
of his first employment offer involving NRC-licensed activities or his
becoming involved in NRC-licensed activities, as defined in Paragraph
IV.1 above, provide notice of the name, address, and telephone number
of the employer or the entity where he is, or will be, involved in the
NRC-licensed activities to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. In the
notification, Jaime S[aacute]nchez shall include a statement of his
commitment to comply with the NRC's regulatory requirements and why the
Commission should have confidence that he will now comply with
applicable NRC requirements, and be complete and accurate in all
communications with the NRC.
The Director, OE, may relax or rescind any of the above conditions
upon demonstration by Jaime S[aacute]nchez of good cause.
V
In accordance with 10 CFR 2.202, Mr. S[aacute]nchez must, and any
other person adversely affected by this Order may, submit an answer to
this Order within 30 days of its publication in the Federal Register.
In addition, Mr. S[aacute]nchez and any other person adversely affected
by this Order may request a hearing on this Order within 30 days of its
publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to answer or request
a hearing. A request for extension of time must be directed to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
and include a statement of good cause for the extension.
All documents filed in the NRC adjudicatory proceedings, including
a request for a 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 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
[[Page 31047]]
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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to request (1) a digital identification (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
certificate). Based on 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 the 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 the 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 System,
users will be required to install a web browser plug-in from the NRC's
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
a hearing or petition for leave to intervene. Submissions should be in
portable document format (PDF) in accordance with the NRC guidance
available on the NRC's 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, 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 contracting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc/gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll free call at 1-866-672-7640. 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 extension 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, MD
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 using 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 the
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 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 submissions.
If a person other than Mr. S[aacute]nchez requests a hearing, that
person shall set forth with particularity the manner in which his
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.309(d).
If a hearing is requested by a licensee or a person whose interest
is adversely affected, the Commission will issue an Order designating
the time and place of any hearings. If a hearing is held, the issue to
be considered at such hearing shall be whether this 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 IV above shall be final 30 days from
the date this Order is published in the Federal Register without
further order or proceedings. If an extension of time for requesting a
hearing has been approved, the provisions specified in Section IV shall
be final when the extension expires if a hearing request has not been
received.
Dated at Rockville, MD, this 17th day of May 2012.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012-12621 Filed 5-23-12; 8:45 am]
BILLING CODE 7590-01-P