Mr. James Chaisson; Confirmatory Order (Effective Immediately), 58587-58590 [2012-23348]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58587-58590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23348]



[[Page 58587]]

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NUCLEAR REGULATORY COMMISSION

[IA-12-009; NRC-2012-0216]


Mr. James Chaisson; Confirmatory Order (Effective Immediately)

I

    Mr. James P. Chaisson was employed from April 10, 2009, through 
April 30, 2010, as an area supervisor and lead radiographer for the 
Wyoming operations of Texas Gamma Ray, LLC (TGR or Licensee), whose 
corporate offices are located in Pasadena, Texas. TGR is the former 
holder of License No. 42-29303-01 issued on January 6, 2009, by the 
U.S. Nuclear Regulatory Commission (NRC or the Commission), pursuant to 
Title 10 of the Code of Federal Regulations (10 CFR) Part 34. The 
license authorized industrial radiographic operations in accordance 
with conditions specified therein. The license was terminated at the 
licensee's request on July 25, 2011.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on July 26, 2012, at the Wallace F. Bennett Federal Building, 
Salt Lake City, Utah.

II

    From June 4, 2009, through November 30, 2010, the NRC conducted a 
safety and security inspection of the use of byproduct material for 
industrial radiographic operations conducted under TGR's former NRC 
license. In addition, the NRC's Office of Investigations (OI), Region 
IV, conducted two investigations (OI Report Nos. 04-2009-066 and 04-
2011-034) to determine, in part, whether Mr. Chaisson: (1) Deliberately 
stored radiographic exposure devices at a location he knew was not 
authorized by TGR's radioactive material license, and (2) deliberately 
failed to implement NRC security requirements for the use, storage, and 
protection of licensed material for radiographic operations.
    By letter dated February 23, 2012, the NRC informed Mr. Chaisson 
that the NRC was considering escalated enforcement action for an 
apparent violation of the NRC's deliberate misconduct rule, 10 CFR 
30.10. The NRC offered Mr. Chaisson the opportunity to request a 
predecisional enforcement conference (PEC), or request alternative 
dispute resolution (ADR) with the NRC in an attempt to resolve issues 
associated with this matter. During a March 19, 2012, conference call 
between Mr. Chaisson and NRC staff, Mr. Chaisson indicated that he was 
not interested in a PEC or ADR. Mr. Chaisson stated that he would, 
however, submit a written response to the NRC's February 23rd letter. 
On March 26, 2012, Region IV received a written response from Mr. 
Chaisson postmarked March 23, 2012.
    On May 15, 2012, the NRC issued an Order to Mr. Chaisson based on a 
review of all the available information including Mr. Chaisson's March 
2012 letter and the results of the inspection and OI investigations. 
The NRC concluded that Mr. Chaisson twice engaged in deliberate 
misconduct in violation of 10 CFR 30.10(a)(1). First, Mr. Chaisson 
engaged in deliberate misconduct that caused Texas Gamma Ray, LLC 
(TGR), at the time an NRC licensee, to be in violation of License 
Condition 19 of its NRC Radioactive Material License, which required 
TGR to comply with NRC security requirements. Mr. Chaisson chose to 
store a radiographic exposure device at a leased facility on Elk Street 
in Rock Springs, Wyoming, even though he knew the facility did not 
comply with applicable NRC security requirements pertaining to the use, 
storage, and protection of licensed material. He periodically stored 
the radiographic exposure device at this location from December 2009 
through April 30, 2010.
    Second, by storing the radiographic exposure device at the Elk 
Street location, Mr. Chaisson engaged in deliberate misconduct that 
caused TGR, at the time an NRC licensee, to be in violation of License 
Condition 11 of its NRC Radioactive Material License, which required 
TGR to limit the storage of radioactive material approved on the 
license to temporary job sites in NRC jurisdiction. Specifically, Mr. 
Chaisson chose to store a radiographic exposure device at the leased 
facility on Elk Street in Rock Springs, Wyoming, even though he knew 
the facility was not an authorized storage location listed on the 
license.
    The NRC's May 15, 2012, Order included the following requirements: 
(1) Mr. Chaisson was prohibited, for a 3 year period, from engaging in 
NRC-licensed activities that were conducted pursuant to a specific or 
general license issued by the NRC; (2) if Mr. Chaisson was currently 
involved in NRC-licensed activity as of the effective date of the 
Order, then Mr. Chaisson was required to immediately cease NRC-licensed 
activities and inform the NRC of the name, address, and telephone 
number of the employer, and provide a copy of the Order to that 
employer; and (3) Mr. Chaisson was required for a period of 1 year, 
after the 3-year period of prohibition had expired, within 20 days of 
acceptance of his first employment offer involving NRC-licensed 
activities or his becoming involved in NRC-licensed activities, to 
provide the name, address, and telephone number of the employer to the 
NRC's Director, Office of Enforcement.
    Subsequent to the issuance of the NRC's May 15, 2012, Order, Mr. 
Chaisson requested to participate in the NRC's alternate dispute 
resolution (ADR) process. ADR is a process in which a neutral mediator 
with no decision-making authority assists the parties in reaching an 
agreement and resolving any differences regarding the dispute. On July 
26, 2012, the NRC and Mr. Chaisson met in an ADR session mediated by a 
professional mediator, arranged through Cornell University's Institute 
on Conflict Resolution. This Confirmatory Order is issued pursuant to 
the agreement reached during the ADR process.

III

    In response to the NRC's offer, Mr. Chaisson requested use of the 
NRC's ADR process to resolve differences he 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 Nuclear Regulatory Commission Office of 
Enforcement's ADR program, the following are terms and conditions 
agreed upon in principle by Mr. James P. Chaisson, a former area 
supervisor and lead radiographer employed by Texas Gamma Ray LLC 
(TGR), and the Nuclear Regulatory Commission (NRC) relating to the 
3-year ban imposed in the NRC's individual order (IA-12-009) to Mr. 
Chaisson dated May 15, 2012 (ML12137A311).
    Whereas the NRC's inspection and investigations of TGR and Mr. 
Chaisson determined that Mr. Chaisson, while employed by TGR in Rock 
Springs, Wyoming, deliberately failed to comply with NRC regulations 
and TGR's license by storing a radiographic exposure device at a 
location not authorized on the license. In addition, Mr. Chaisson 
deliberately failed to implement one of NRC's security-related 
requirements. Mr. Chaisson's actions constituted a violation of the 
NRC's deliberate misconduct rule, as defined under 10 CFR 30.10, 
which prohibits employees from engaging in deliberate misconduct 
which causes or would have caused if not detected, a licensee to be 
in violation of NRC requirements.
    Whereas the NRC and Mr. Chaisson have agreed to disagree on 
whether Mr. Chaisson engaged in deliberate misconduct as discussed 
in the Order (IA-12-009) issued to Mr. Chaisson dated May 15, 2012 
(ML12137A311).
    Whereas the NRC considers deliberate violations by an individual 
in a position of authority (e.g., area supervisor or radiation

[[Page 58588]]

safety officer) to be a significant concern to the regulatory 
program and the NRC is interested in obtaining comprehensive 
corrective actions from Mr. Chaisson that would deter future 
deliberate violations and noncompliance with regulatory 
requirements.
    Whereas these terms and conditions shall not be binding on 
either party until these terms and conditions are memorialized in an 
Order issued by the NRC to Mr. James P. Chaisson.

    Therefore, the parties agree to the following terms and conditions:

A. Eighteen-Month Ban Followed by a Four-Year Limited Work Restriction

    1. Mr. James P. Chaisson is prohibited for an eighteen-month period 
from the date of this Order from engaging in 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. This 
means that during the eighteen-month prohibition period Mr. Chaisson is 
prohibited from performing, supervising, assisting or otherwise 
engaging in (1) Industrial radiographic operations in NRC jurisdiction 
for an Agreement State licensee that are conducted under a general 
license pursuant to 10 CFR 150.20; (2) industrial radiographic 
operations for an NRC licensee including but not limited to, 
radiography conducted under the authority of a license issued pursuant 
to 10 CFR part 34; and (3) any other licensed activity in NRC 
jurisdiction. This Confirmatory Order will supersede the Order 
previously issued to Mr. Chaisson dated May 15, 2012 (ML12137A311).
    2. For a 4-year period after the eighteen-month ban has expired, 
Mr. Chaisson will notify NRC Region IV of any employment with an NRC 
licensee, within 3 days of each acceptance of employment with each NRC 
licensee. Mr. Chaisson will provide this notification by fax to the 
attention of the Director, Division of Nuclear Materials Safety, U.S. 
Nuclear Regulatory Commission, Region IV, at the fax number 817-200-
1188.
    3. For a 4-year period after the 18-month ban has expired, in the 
situation where Mr. Chaisson works for an Agreement State licensee that 
provides notification to perform work in NRC jurisdiction, Mr. Chaisson 
shall personally, notify NRC Region IV in writing, each time prior to 
working in NRC's jurisdiction of the dates and specific location where 
he will be conducting NRC licensed activities. Notification will be 
made at least 3 days prior to working in NRC jurisdiction by fax to the 
Attention of the Director, Division of Nuclear Materials Safety, U.S. 
Nuclear Regulatory Commission, Region IV, at the fax number 817-200-
1188. Mr. Chaisson's notification must be independent of any 
notification required by the licensee pursuant to 10 CFR 150.20.
    4. For a 4-year period after the 18-month ban has expired, Mr. 
Chaisson is prohibited from working for any NRC licensee as an Area 
Supervisor, Radiation Safety Officer, or in any other supervisory 
position (excluding radiographer) while in NRC jurisdiction. This 
includes the situation where Mr. Chaisson works for an Agreement State 
licensee performing work in NRC jurisdiction under reciprocity.
    5. In order to ensure NRC licensees are aware of the limitations on 
Mr. Chaisson's NRC-licensed activities, for a 5\1/2\-year period from 
the date of this Confirmatory Order, Mr. Chaisson must provide, at 
least 3 days prior to starting work, a copy of the Order to employers 
who are NRC licensees. This includes Agreement State licensees who 
perform work in the NRC's jurisdiction under reciprocity.

B. Individual Training

    1. Within 18 months of the date of this order, Mr. Chaisson shall 
successfully complete a 40-hour formal training course designed for 
qualifying radiation safety officers. The course must also include the 
requirements of the Increased Controls or Mr. Chaisson must attend a 
separate Increased Controls course. Within 10 days of completion of the 
required training, Mr. Chaisson shall provide a copy of the course 
completion certificates by mail to the Director, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission Region IV, 1600 E. 
Lamar Blvd., Arlington, Texas 76011.
    2. Within 18 months of the date of this order, Mr. Chaisson shall 
successfully complete a 40-hour formal training course for Non-
Destructive Testing that meets or exceeds the requirements in 10 CFR 
34.43. Within 10 days of completion of the required training, Mr. 
Chaisson shall provide a copy of the course completion certificates by 
mail to the Director, Division of Nuclear Materials Safety, U.S. 
Nuclear Regulatory Commission Region IV, 1600 E. Lamar Blvd., 
Arlington, Texas 76011.

C. Written Article for NRC Review

    Within 18 months of the date of this order, Mr. Chaisson agrees to 
submit an article by mail to the Director, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission Region IV, 1600 E. 
Lamar Blvd., Arlington, Texas 76011, articulating the importance of 
compliance with NRC regulations and providing full and accurate 
information. The article may be included in a future newsletter issued 
by the Office of Federal and State Materials and Environmental 
Management Programs (FSME).
    On August 30, 2012, Mr. James P. Chaisson consented to issuing this 
Order with the commitments, as described in Section V below. Mr. 
Chaisson further agreed that this Order is to be effective upon 
issuance and that he has waived his right to a hearing.

IV

    Since Mr. Chaisson has agreed to the conditions 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 Mr. Chaisson'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 
Mr. Chaisson's commitments be confirmed by this Order. Based on the 
above and Mr. Chaisson'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 and part 34, it is 
hereby ordered, effective immediately, that:

A. Eighteen-Month Ban Followed by Four-Year Limited Work Restrictions

    1. Mr. James P. Chaisson is prohibited for an 18-month period from 
the date of this Order from engaging in 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. This means that 
during the 18-month prohibition period Mr. Chaisson is prohibited from 
performing, supervising, assisting or otherwise engaging in (1) 
Industrial radiographic operations in NRC jurisdiction for an Agreement 
State licensee that are conducted under a

[[Page 58589]]

general license pursuant to 10 CFR 150.20; (2) industrial radiographic 
operations for an NRC licensee including but not limited to, 
radiography conducted under the authority of a license issued pursuant 
to 10 CFR part 34; and (3) any other licensed activity in NRC 
jurisdiction. This Confirmatory Order will supersede the Order 
previously issued to Mr. Chaisson dated May 15, 2012 (ML12137A311).
    2. For a 4-year period after the 18-month ban has expired, Mr. 
Chaisson will notify NRC Region IV of any employment with an NRC 
licensee, within 3 days of each acceptance of employment with each NRC 
licensee. Mr. Chaisson will provide this notification by fax to the 
attention of the Director, Division of Nuclear Materials Safety; U.S. 
Nuclear Regulatory Commission, Region IV, at the fax number 817-200-
1188.
    3. For a 4-year period after the 18-month ban has expired, in the 
situation where Mr. Chaisson works for an Agreement State licensee that 
provides notification to perform work in NRC jurisdiction, Mr. Chaisson 
shall personally notify NRC Region IV in writing, each time prior to 
working in NRC's jurisdiction of the dates and specific location where 
he will be conducting NRC licensed activities. Notification will be 
made at least 3 days prior to working in NRC jurisdiction by fax to the 
Attention of the Director, Division of Nuclear Materials Safety, U.S. 
Nuclear Regulatory Commission, Region IV, at the fax number 817-200-
1188. Mr. Chaisson's notification must be independent of any 
notification required by the licensee pursuant to 10 CFR 150.20.
    4. For a 4-year period after the 18-month ban has expired, Mr. 
Chaisson is prohibited from working for any NRC licensee as an Area 
Supervisor, Radiation Safety Officer, or in any other supervisory 
position (excluding radiographer) while in NRC jurisdiction. This 
includes the situation where Mr. Chaisson works for an Agreement State 
licensee performing work in NRC jurisdiction under reciprocity.
    5. In order to ensure NRC licensees are aware of the limitations on 
Mr. Chaisson's NRC-licensed activities, for a 5[frac12]-year period 
from the date of this Confirmatory Order, Mr. Chaisson must provide, at 
least 3 days prior to starting work, a copy of the Order to employers 
who are NRC licensees. This includes Agreement State licensees who 
perform work in the NRC's jurisdiction under reciprocity.

B. Individual Training

    1. Within 18 months of the date of this order, Mr. Chaisson shall 
successfully complete a 40-hour formal training course designed for 
qualifying radiation safety officers. The course must also include the 
requirements of the Increased Controls or Mr. Chaisson must attend a 
separate Increased Controls course. Within 10 days of completion of the 
required training, Mr. Chaisson shall provide a copy of the course 
completion certificates by mail to the Director, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region IV, 1600 
E. Lamar Blvd., Arlington, Texas 76011.
    2. Within 18 months of the date of this order, Mr. Chaisson shall 
successfully complete a 40-hour formal training course for Non-
Destructive Testing that meets or exceeds the requirements in 10 CFR 
34.43. Within 10 days of completion of the required training, Mr. 
Chaisson shall provide a copy of the course completion certificates by 
mail to the Director, Division of Nuclear Materials Safety, U.S. 
Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Blvd., 
Arlington, Texas 76011.

C. Written Article for NRC Review

    Within 18 months of the date of this order, Mr. Chaisson shall 
submit an article by mail to the Director, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission Region IV, 1600 E. 
Lamar Blvd., Arlington, Texas 76011, articulating the importance of 
compliance with NRC regulations and providing full and accurate 
information. The article may be included in a future newsletter issued 
by the Office of Federal and State Materials and Environmental 
Management Programs (FSME).
    Upon issuance of this Confirmatory Order, the Order Prohibiting 
Involvement in NRC-Licensed Activities, IA-12-009, dated May 15, 2012, 
is rescinded.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Chaisson 
of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Mr. James P. Chaisson, 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 email 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.

[[Page 58590]]

    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 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 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 email 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 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 Mr. James P. Chaisson) 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 Nuclear Regulatory Commission.

    Dated at Rockville, MD, this 10th day of September 2012.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012-23348 Filed 9-20-12; 8:45 am]
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