Temporary Scope Expansion of the Post-Investigation Alternative Dispute Resolution Program, 14843-14844 [2013-05306]
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emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
for Docket ID NRC–2009–0039. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
Daily, Senior Project Manager, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3873; email:
John.Daily@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (NRC)
grants the Florida Power Corporation
request to withdraw its application for
the renewal of operating license DPR–
72, which authorizes Florida Power
Corporaton (FPC) to operate the Crystal
River Nuclear Generating Plant, Unit 3
(CR3), at 2609 megawatts thermal. The
FPC stated its decision to withdraw the
application is based upon a
determination to retire CR3. The CR3 is
located near Crystal River, FL; the
current operating license for the CR3
expires on December 3, 2016.
The FPC submitted the license
renewal application (LRA) by letter
dated December 16, 2008, pursuant to
Part 54 of Title 10 of the Code of Federal
Regulations (10 CFR), to renew
operating license DPR–72 for CR3
(ADAMS Accession No. ML090080053).
The Commission had previously noticed
the acceptance of the application in the
Federal Register on March 9, 2009 (74
FR 10099). The FPC requested
withdrawal of the application by letter
dated February 6, 2013, based on its
determination to retire CR3 (ADAMS
Accession No. ML13043A028).
The NRC staff completed its ‘‘Safety
Evaluation Report With Open Items
Related to the License Renewal of
Crystal River Unit 3 Nuclear Generating
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
Plant’’ (hereinafter known as the SER) in
December 2010 (ADAMS Accession No.
ML103490568). Consistent with 10 CFR
54.13(a), ‘‘[I]nformation provided to the
Commission by an applicant for a
renewed license * * * must be
complete and accurate in all material
respects.’’ The staff noted that the SER
contains nine open items and two
confirmatory items; these items are
incomplete in regards to 10 CFR
54.13(a). Since the staff’s review to date
has identified that FPC’s application did
not provide technical information in
sufficient detail to enable the staff to
complete its reviews, if FPC decides to
re-submit the application, it must
include this technical information in
sufficient detail to allow the staff to
continue its evaluations.
The staff also issued a Notice of
Issuance for the draft supplemental
environmental impact statement
(DSEIS) related to the proposed license
renewal, which was published in the
Federal Register on June 3, 2011 (76 FR
32237). However, since the licensee has
withdrawn its application, all comments
received on the DSEIS and all of the
above Federal Register Notices need not
be and will not be resolved.
For further details with respect to this
action, see the LRA dated December 16,
2008, and the licensee’s letter of
withdrawal dated February 6, 2013.
Dated at Rockville, Maryland, this 28th day
of February, 2013.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2013–05317 Filed 3–6–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0046]
Temporary Scope Expansion of the
Post-Investigation Alternative Dispute
Resolution Program
Nuclear Regulatory
Commission.
ACTION: Notice of temporary scope
expansion.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is expanding the
scope of the post-investigation
Alternative Dispute Resolution (ADR)
Program for a 1-year pilot period. The
NRC and its licensees are the parties to
this form of ADR. Currently, postinvestigation ADR is used in the NRC’s
Enforcement Program for cases
involving discrimination and other
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
14843
wrongdoing after the NRC’s Office of
Investigations has completed an
investigation substantiating the
allegation. The pilot ADR Program will
expand post-investigation ADR to
include all escalated non-willful
(traditional) enforcement cases with
proposed civil penalties (this will not
include violations associated with
findings assessed through the Reactor
Oversight Process (ROP) 1).
ADDRESSES: Please refer to Docket ID
NRC–2013–0046 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0046. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Russell Arrighi, telephone: 301–415–
0205, email Russell.Arrighi@nrc.gov; or
Maria Schwartz, telephone: 301–415–
1888, email Maria.Schwartz@nrc.gov.
Both of these individuals can also be
contacted by mail at the U.S. Nuclear
Regulatory Commission, Office of
Enforcement, Concerns Resolution
Branch, Washington, DC 20555–0001.
Background
The term ‘‘ADR’’ refers to a number of
voluntary processes, such as mediation
and facilitated dialogues that can be
used to assist parties in resolving
disputes and potential conflicts. These
techniques involve the use of a neutral
1 Reference to the ROP includes the construction
ROP.
E:\FR\FM\07MRN1.SGM
07MRN1
emcdonald on DSK67QTVN1PROD with NOTICES
14844
Federal Register / Vol. 78, No. 45 / Thursday, March 7, 2013 / Notices
third party, either from within the
agency or from outside the agency, and
are voluntary processes in terms of the
decision to participate, the type of
process used, and the content of the
final agreement. Federal agency
experience with ADR has demonstrated
that the use of these techniques can
result in more efficient resolution of
issues, more effective outcomes, and
improved relationships between the
agency and the other party.
On August 14, 1992 (57 FR 36678),
the NRC issued a general policy
statement which supports and
encourages the use of ADR in NRC
activities. On September 8, 2003, the
Commission approved an NRC staff
proposal to develop and implement a
pilot ADR Program to evaluate the use
of ADR in handling allegations or
findings of discrimination and other
wrongdoing. (see the staff requirements
memorandum (SRM) for SECY–03–
0115, ‘‘Alternative Dispute Resolution
Review Team (ART) Pilot Program
Recommendations for Using Alternative
Dispute Resolution (ADR) Techniques
in the Handling of Discrimination and
Other External Wrongdoing Issues’’
(ADAMS Accession No. ML030170277).
In response to the SRM, the NRC staff
proposed a pilot ADR Program to
evaluate the use of ADR in the
Enforcement Program in SECY–04–
0044, ‘‘Proposed Pilot Program for the
Use of Alternative Dispute Resolution in
the Enforcement Program,’’ dated March
12, 2004 (ADAMS Accession No.
ML040550473). The Commission
approved the pilot ADR Program
(August 13, 2004; 69 FR 50219), and the
NRC staff began implementing it in
September 2004.
In SECY–06–0102, ‘‘Evaluation of the
Pilot Program on the Use of Alternative
Dispute Resolution in the Allegation
and Enforcement Programs,’’ dated May
5, 2006 (ADAMS Accession No.
ML061110254), the NRC staff provided
the Commission with the results of the
evaluation of the pilot ADR Program.
The NRC staff concluded that
implementation of the pilot ADR
Program was successful. The Program
was effective, timely, and generally
viewed positively by both internal and
external stakeholders. Accordingly, the
staff indicated its intent to continue to
use ADR in both the Allegation and
Enforcement Programs while obtaining
Commission approval for the changes
necessary to formalize the use of ADR
in the Allegation and Enforcement
Policy documents. Since ADR program
implementation, the NRC has reached
settlement agreements with licensees (or
contractors) and individuals, and has
issued subsequent ADR confirmatory
VerDate Mar<15>2010
14:43 Mar 06, 2013
Jkt 229001
orders in more than 90 enforcement
cases.
On December 16, 2010, the NRC
Chairman issued a memorandum, ‘‘ADR
Implementation and Assessment’’
(ADAMS Accession No. ML12030A228)
tasking the NRC staff to conduct a
comprehensive review of the ADR
program, including determining if it
should be expanded. On September 6,
2011 (76 FR 55136), the NRC solicited
nominations of individuals to
participate on a panel to discuss ADR
program implementation and whether
changes could be made to make it more
effective, transparent, and efficient. On
October 17, 2011 (76 FR 64124), the
NRC announced its intention to hold a
public meeting to solicit feedback from
its stakeholders on the ADR Program.
During the November 8, 2011 public
meeting, the NRC external stakeholders
expressed support for the expansion of
the ADR Program to the extent possible.
For purposes of discussing the
expansion of the ADR program, it is
necessary to distinguish between the
two types of programs, early ADR and
post-investigation ADR. These programs
differ because of the parties involved. In
early ADR, a licensee or contractor
engages in mediation with its employee;
where as in post-investigation ADR, the
NRC engages in mediation with the
subject of a potential enforcement
action.
In SECY–12–0161, ‘‘Status Update,
Tasks Related to Alternative Dispute
Resolution in the Allegation and
Enforcement Programs,’’ dated
November 28, 2012 (ADAMS Accession
No. ML12321A145), the NRC staff
notified the Commission of its intent to
expand the scope of post-investigation
ADR and offer it as an option for
escalated non-willful (traditional)
enforcement cases with proposed civil
penalties for a 1-year pilot period. The
expansion of the Program does not
include violations associated with
findings assessed through the ROP. The
current program for post-investigation
ADR is limited to discrimination and
other wrongdoing cases.
At the completion of the 1-year
period, the NRC staff will evaluate the
results of the pilot ADR Program and
seek Commission approval for the
permanent inclusion in the Enforcement
Policy if the expanded scope is deemed
beneficial to the advancement of the
agency’s mission.
Paperwork Reduction Act Statement
This Notification does not contain any
information collections and, therefore,
is not subject to the requirements of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
Congressional Review Act
In accordance with the Congressional
Review Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the OMB Office of
Information and Regulatory Affairs.
Dated at Rockville, Maryland, this 25th day
of February 2013.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013–05306 Filed 3–6–13; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69011]
Topaz Exchange, LLC; Order Granting
Application for a Conditional
Exemption Pursuant to Section 36(a) of
the Exchange Act From Certain
Requirements of Rules 6a–1 and 6a–2
Under the Exchange Act
March 1, 2013.
I. Introduction
On July 3, 2012, Topaz Exchange, LLC
(‘‘Applicant’’) submitted to the
Securities and Exchange Commission
(‘‘Commission’’) an application on Form
1 under the Securities Exchange Act of
1934 (‘‘Exchange Act’’), to register as a
national securities exchange.1 In
1 On December 19, 2012, the Applicant submitted
Amendment No. 1 to its Form 1 application.
Amendment No. 1, among other things, includes
changes to the Limited Liability Company
Agreement and the Constitution of Topaz Exchange
concerning board composition and size, the initial
director election process, and the use of regulatory
funds. Amendment No. 1 also includes revisions to
proposed rules of Topaz Exchange to remove rules
relating to complex orders; to respond to comments
on the Form 1 application from Commission staff;
and to reflect recent changes to comparable rules of
International Securities Exchange, LLC (‘‘ISE’’).
Amendment No. 1 further provides additional
descriptions in the Form 1 application regarding
proposed allocation procedures, auction
mechanisms, execution of qualified contingent
crosses, and the initial director election process,
and removes references to complex orders. On
December 31, 2012, the Applicant submitted
Amendment No. 2 to its Form 1 application.
Amendment No. 2, among other things, provides
updated information regarding the board of
directors of ISE and the Corporate Governance
Committee of ISE and includes information
E:\FR\FM\07MRN1.SGM
07MRN1
Agencies
[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14843-14844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05306]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0046]
Temporary Scope Expansion of the Post-Investigation Alternative
Dispute Resolution Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of temporary scope expansion.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is expanding the
scope of the post-investigation Alternative Dispute Resolution (ADR)
Program for a 1-year pilot period. The NRC and its licensees are the
parties to this form of ADR. Currently, post-investigation ADR is used
in the NRC's Enforcement Program for cases involving discrimination and
other wrongdoing after the NRC's Office of Investigations has completed
an investigation substantiating the allegation. The pilot ADR Program
will expand post-investigation ADR to include all escalated non-willful
(traditional) enforcement cases with proposed civil penalties (this
will not include violations associated with findings assessed through
the Reactor Oversight Process (ROP) \1\).
---------------------------------------------------------------------------
\1\ Reference to the ROP includes the construction ROP.
ADDRESSES: Please refer to Docket ID NRC-2013-0046 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0046. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Russell Arrighi, telephone: 301-415-
0205, email Russell.Arrighi@nrc.gov; or Maria Schwartz, telephone: 301-
415-1888, email Maria.Schwartz@nrc.gov. Both of these individuals can
also be contacted by mail at the U.S. Nuclear Regulatory Commission,
Office of Enforcement, Concerns Resolution Branch, Washington, DC
20555-0001.
Background
The term ``ADR'' refers to a number of voluntary processes, such as
mediation and facilitated dialogues that can be used to assist parties
in resolving disputes and potential conflicts. These techniques involve
the use of a neutral
[[Page 14844]]
third party, either from within the agency or from outside the agency,
and are voluntary processes in terms of the decision to participate,
the type of process used, and the content of the final agreement.
Federal agency experience with ADR has demonstrated that the use of
these techniques can result in more efficient resolution of issues,
more effective outcomes, and improved relationships between the agency
and the other party.
On August 14, 1992 (57 FR 36678), the NRC issued a general policy
statement which supports and encourages the use of ADR in NRC
activities. On September 8, 2003, the Commission approved an NRC staff
proposal to develop and implement a pilot ADR Program to evaluate the
use of ADR in handling allegations or findings of discrimination and
other wrongdoing. (see the staff requirements memorandum (SRM) for
SECY-03-0115, ``Alternative Dispute Resolution Review Team (ART) Pilot
Program Recommendations for Using Alternative Dispute Resolution (ADR)
Techniques in the Handling of Discrimination and Other External
Wrongdoing Issues'' (ADAMS Accession No. ML030170277). In response to
the SRM, the NRC staff proposed a pilot ADR Program to evaluate the use
of ADR in the Enforcement Program in SECY-04-0044, ``Proposed Pilot
Program for the Use of Alternative Dispute Resolution in the
Enforcement Program,'' dated March 12, 2004 (ADAMS Accession No.
ML040550473). The Commission approved the pilot ADR Program (August 13,
2004; 69 FR 50219), and the NRC staff began implementing it in
September 2004.
In SECY-06-0102, ``Evaluation of the Pilot Program on the Use of
Alternative Dispute Resolution in the Allegation and Enforcement
Programs,'' dated May 5, 2006 (ADAMS Accession No. ML061110254), the
NRC staff provided the Commission with the results of the evaluation of
the pilot ADR Program. The NRC staff concluded that implementation of
the pilot ADR Program was successful. The Program was effective,
timely, and generally viewed positively by both internal and external
stakeholders. Accordingly, the staff indicated its intent to continue
to use ADR in both the Allegation and Enforcement Programs while
obtaining Commission approval for the changes necessary to formalize
the use of ADR in the Allegation and Enforcement Policy documents.
Since ADR program implementation, the NRC has reached settlement
agreements with licensees (or contractors) and individuals, and has
issued subsequent ADR confirmatory orders in more than 90 enforcement
cases.
On December 16, 2010, the NRC Chairman issued a memorandum, ``ADR
Implementation and Assessment'' (ADAMS Accession No. ML12030A228)
tasking the NRC staff to conduct a comprehensive review of the ADR
program, including determining if it should be expanded. On September
6, 2011 (76 FR 55136), the NRC solicited nominations of individuals to
participate on a panel to discuss ADR program implementation and
whether changes could be made to make it more effective, transparent,
and efficient. On October 17, 2011 (76 FR 64124), the NRC announced its
intention to hold a public meeting to solicit feedback from its
stakeholders on the ADR Program. During the November 8, 2011 public
meeting, the NRC external stakeholders expressed support for the
expansion of the ADR Program to the extent possible.
For purposes of discussing the expansion of the ADR program, it is
necessary to distinguish between the two types of programs, early ADR
and post-investigation ADR. These programs differ because of the
parties involved. In early ADR, a licensee or contractor engages in
mediation with its employee; where as in post-investigation ADR, the
NRC engages in mediation with the subject of a potential enforcement
action.
In SECY-12-0161, ``Status Update, Tasks Related to Alternative
Dispute Resolution in the Allegation and Enforcement Programs,'' dated
November 28, 2012 (ADAMS Accession No. ML12321A145), the NRC staff
notified the Commission of its intent to expand the scope of post-
investigation ADR and offer it as an option for escalated non-willful
(traditional) enforcement cases with proposed civil penalties for a 1-
year pilot period. The expansion of the Program does not include
violations associated with findings assessed through the ROP. The
current program for post-investigation ADR is limited to discrimination
and other wrongdoing cases.
At the completion of the 1-year period, the NRC staff will evaluate
the results of the pilot ADR Program and seek Commission approval for
the permanent inclusion in the Enforcement Policy if the expanded scope
is deemed beneficial to the advancement of the agency's mission.
Paperwork Reduction Act Statement
This Notification does not contain any information collections and,
therefore, is not subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Congressional Review Act
In accordance with the Congressional Review Act of 1996, the NRC
has determined that this action is not a major rule and has verified
this determination with the OMB Office of Information and Regulatory
Affairs.
Dated at Rockville, Maryland, this 25th day of February 2013.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-05306 Filed 3-6-13; 8:45 am]
BILLING CODE 7590-01-P