In the Matter of James Chaisson, 42057-42061 [2014-16964]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 42057-42061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16964]


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NUCLEAR REGULATORY COMMISSION

[IA-14-025; NRC-2012-0216]


In the Matter of James Chaisson

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; Issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Prohibition Order to Mr. James Chaisson as a result of his failure to 
complete the agreed upon actions issued in the Confirmatory Order dated 
September 10, 2012. The Order will prohibit the individual from 
engaging in NRC-licensed activities for a minimum period of three years 
from its effective date, and continuing thereafter until he can provide 
NRC with reasonable assurance that he can safely use radioactive 
materials in accordance with NRC requirements. The Order also requires 
Mr. Chaisson complete training requirements, verbally attest to the 
corrective actions he has taken, and for a two-year period after the 
NRC notifies Mr. Chaisson of its reasonable assurance determination, he 
must notify NRC Region IV about his employment with NRC licensee or 
work in NRC jurisdiction in writing.

DATES: Effective Date: See attachment.

ADDRESSES: Please refer to Docket ID NRC-2012-0216 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0216. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the 
ADAMS Public Documents collection 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: Susanne Woods, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-2740, email: 
s.woods@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 11th day of July 2014.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Acting Director, Office of Enforcement.

Attachment--Order Prohibiting Involvement in NRC Licensed Activities

I.

    Mr. James 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 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.
    On May 15, 2012, the NRC issued an Order, ``Order Prohibiting 
Involvement in NRC-Licensed Activities'' (IA-12-009), to Mr. Chaisson, 
which required, in part, that Mr. Chaisson be prohibited from engaging 
in NRC-licensed activities for a 3-year period. The NRC issued the 
Order to Mr. Chaisson after concluding that he engaged in deliberate 
misconduct in violation of 10 CFR 30.10(a)(1). Specifically, the NRC 
concluded that Mr. Chaisson chose to store a radiographic exposure 
device at a facility he knew did not comply with applicable NRC 
security requirements and was not an authorized storage location under 
TGR's license. These violations occurred while Mr. Chaisson was 
employed by TGR as the area supervisor and lead radiographer for its 
Wyoming operations. Mr. Chaisson's deliberate misconduct caused TGR to 
be in violation of License No. 42-29303-01, License Condition 19, which 
required increased control security requirements pertaining to the use, 
storage, and protection of licensed material, and License Condition 11, 
which required TGR to limit the storage of radioactive material 
authorized by its license to temporary job sites in NRC jurisdiction.
    In response to the Order, Mr. Chaisson requested Alternative 
Dispute Resolution (ADR) and signed the Agreement to Mediate on June 
13, 2012. An ADR mediation session was conducted on July 26, 2012, in 
Salt Lake City, Utah. During that ADR session, Mr. Chaisson signed the 
Agreement in Principal that was reached with the NRC, in which he 
agreed to terms and conditions to be memorialized in a Confirmatory 
Order.
    A Confirmatory Order based on the Agreement in Principal was issued 
to Mr. Chaisson on September 10, 2012. The Confirmatory Order 
prohibited Mr. Chaisson from engaging in NRC-licensed activities for an 
18-month period from the date of the Confirmatory Order. The 
Confirmatory Order required that the 18-month period be followed by a 
4-year restriction from acting in any supervisory capacity while 
working in

[[Page 42058]]

NRC jurisdiction, and a 4-year period in which Mr. Chaisson was to 
notify the NRC of his employment with NRC licensees and his employment 
with Agreement State licensees performing work in NRC jurisdiction. The 
Confirmatory Order also required that for 5\1/2\ years from the date of 
the Confirmatory Order, Mr. Chaisson make the Confirmatory Order 
available to his employers who are NRC licensees, including Agreement 
State licensees who perform work in NRC's jurisdiction under 
reciprocity. In addition, the Confirmatory Order required Mr. Chaisson 
to complete a 40-hour formal training course designed for qualifying 
radiation safety officers and a 40-hour formal training course that 
meets or exceeds the requirement in 10 CFR 34.43, ``Training,'' within 
18 months of the date of the Confirmatory Order. Finally, Mr. Chaisson 
was to submit an article to Region IV, Director, Division of Nuclear 
Materials Safety, within 18 months of the date of the Confirmatory 
Order, articulating the importance of compliance with NRC regulations 
and providing full and accurate information.

II.

    On March 28, 2014, Mr. Chaisson contacted the NRC to determine what 
type of training would be acceptable to meet the requirements of the 
Confirmatory Order. Mr. Chaisson informed the NRC that he had provided 
a copy of the Confirmatory Order to his employer, but did not provide 
the employer's name. During a March 31, 2014, telephone call between 
Mr. Chaisson and the Region IV staff, Mr. Chaisson revealed that he was 
working for Paramount NDT, a radiography company licensed by the State 
of North Dakota. Mr. Chaisson indicated that he was hired to set and 
develop film, as well as to read and interpret film. Mr. Chaisson 
acknowledged that in addition to not completing the training courses as 
required by the Confirmatory Order, he had not written the required 
article. The NRC informed Mr. Chaisson that, as several conditions of 
the Confirmatory Order were to be completed no later than March 10, 
2014, he was in violation of the Confirmatory Order.
    By letter dated March 31, 2014, Mr. Chaisson requested that the NRC 
grant him a 6-month extension to fulfill the requirements of the 
Confirmatory Order. Mr. Chaisson stated in the letter that he was 
unable to complete the requirements of the Confirmatory Order due to 
his unemployment from May 1 through December 31, 2013.
    On April 7, 2014, the NRC contacted the Agreement State Director 
for the State of North Dakota Department of Health and confirmed that 
Paramount NDT is a North Dakota licensee authorized to conduct 
radiographic operations in the State of North Dakota. During a follow 
up conversation on April 9, 2014, the Agreement State Director informed 
the NRC that Paramount NDT did not receive a copy of the Confirmatory 
Order from Mr. Chaisson prior to his starting work with the company, as 
Mr. Chaisson had expressed he had done so to the NRC. Since Paramount 
NDT was not performing licensed activities in NRC jurisdiction, then 
Mr. Chaisson was not required to provide a copy of the Confirmatory 
Order to his employer.
    On April 7, 2014, the NRC contacted the training consultant that 
Mr. Chaisson mentioned he was planning to use. The training consultant 
stated that, approximately 2 weeks previously, Mr. Chaisson requested 
information on, and expressed interest in, attending training courses 
to meet the requirements of the Confirmatory Order. However, Mr. 
Chaisson did not follow up to register for the training courses.
    In Mr. Chaisson's extension request letter dated March 31, 2014, he 
stated that he had been without a job from May 1, 2013 until December 
3, 2013. However, the NRC noted the following: (1) During the 18-month 
requirement to complete the training, Mr. Chaisson was unemployed for 
only 8 months of that time, (2) there was no monetary cost for Mr. 
Chaisson to write an article and mail the article to the NRC within the 
18-month period, and (3) Mr. Chaisson waited until after these 
respective requirements of the Confirmatory Order had expired to 
contact the NRC and attempt to begin the training courses and write the 
article. The NRC has concluded that Mr. Chaisson has not upheld his 
agreement, which was made legally-binding in the September 10, 2012, 
Confirmatory Order. As a result, the NRC has serious concerns regarding 
Mr. Chaisson's willingness to follow NRC requirements.
    The NRC determined that contrary to the requirements of the 
Confirmatory Order, Mr. Chaisson failed to complete a 40-hour formal 
training course designed for qualifying radiation safety officers and a 
40-hour formal training course that meets or exceeds the requirement in 
10 CFR 34.43, ``Training,'' within 18 months of the date of the 
Confirmatory Order. In addition, Mr. Chaisson failed to submit an 
article to Region IV, Director, Division of Nuclear Materials Safety, 
within 18-months of the date of the Confirmatory Order, articulating 
the importance of compliance with NRC regulations and providing full 
and accurate information. As a result, the NRC finds that Mr. 
Chaisson's actions constitute a violation of NRC requirements.

III.

    The NRC must be able to rely on licensees, their contractors, and 
their employees to act with integrity and to comply with NRC 
requirements. Several conditions of the Confirmatory Order, which were 
agreed to by Mr. Chaisson through ADR, were required to be completed by 
March 10, 2014. By not complying with these conditions of the 
Confirmatory Order, Mr. Chaisson has demonstrated that he has little 
regard for the NRC and its regulations.
    Based on the deliberate misconduct on which the May 15, 2012, Order 
was based, and Mr. Chaisson's violation of the September 10, 2012, 
Confirmatory Order, I lack the requisite reasonable assurance that Mr. 
Chaisson can be relied upon, at this time, to comply with the 
Commission's requirements and that the health and safety of the public 
will be protected if Mr. Chaisson were permitted at this time to be 
involved in NRC-licensed activities. Therefore, based on these 
circumstances, the public health, safety and interest require that NRC 
issue Mr. Chaisson this Order, which supersedes the previously issued 
Confirmatory Order, dated September 10, 2012. This Order requires that 
Mr. Chaisson be prohibited from any involvement in NRC-licensed 
activities for a minimum period of 3 years from the effective date of 
this Order, and continuing thereafter until he can provide NRC with 
reasonable assurance that he can safely use radioactive materials in 
accordance with NRC requirements.

IV.

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, and 10 CFR Parts 20, 30 and 34, it is 
hereby ordered, effective thirty (30) days from the date of issuance of 
this order that:
    1. Mr. James Chaisson is prohibited from engaging in NRC-licensed 
activities for a minimum of 3 years following the effective date of 
this Order, and continuing thereafter until he provides the NRC with 
reasonable assurance that he can safely use radioactive materials in 
accordance with NRC requirements (as described in Section IV.3 below). 
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

[[Page 42059]]

activities of Agreement State licensees conducted in NRC's jurisdiction 
pursuant to the authority granted by 10 CFR 150.20. This means that 
until he provides the NRC with reasonable assurance, Mr. Chaisson is 
prohibited from performing, supervising, assisting or otherwise 
engaging in (1) 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; (2) industrial 
radiographic operations in NRC jurisdiction for an Agreement State 
licensee that are conducted under a general license pursuant to 10 CFR 
150.20; and (3) any other licensed activity in NRC jurisdiction. This 
Order will supersede the Confirmatory Order previously issued to Mr. 
Chaisson dated September 10, 2012 (ADAMS Accession No. ML12256B002).
    2. If Mr. Chaisson is currently involved in any NRC-licensed 
activities, then he must cease those activities no later than the 
effective date of this Order, 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. Mr. Chaisson may, 3 years after the effective date of this 
Order, file a written request with the Director of the NRC Office of 
Enforcement that this Order be rescinded based upon his establishing 
and representing to the NRC reasonable assurance that he can safely use 
radioactive material in accordance with NRC requirements. As a means to 
demonstrate reasonable assurance, Mr. Chaisson should satisfactorily 
complete the following conditions to attest to his understanding and 
commitment of compliance with NRC requirements and regulations. Mr. 
Chaisson may provide alternatives to the NRC for evaluation and 
approval, in order to establish and represent to the NRC reasonable 
assurance that he can safely use radioactive material in accordance 
with NRC requirements.
    a. In addition to the training and qualification requirements set 
forth in 10 CFR Part 20, Part 30 and Part 34 for the use of byproduct 
material and radiation safety requirements for using byproduct 
materials, Mr. Chaisson shall provide documentation showing that he has 
successfully completed a 40-hour formal training course designed for 
qualifying radiation safety officers. The formal training course should 
be presented by an academic institution, commercial radiation safety 
consulting company, or a professional organization of radiation 
protection experts. The course must also include training on the 
requirements pertaining to the NRC Order Imposing Increased Controls 
(ADAMS Accession No. ML053130364) or the regulations under 10 CFR Part 
37, ``Physical Protection of Category 1 and Category 2 Quantities of 
Radioactive Material'', or else Mr. Chaisson must provide documentation 
showing that he has successfully completed a separate course that 
includes these Increased Controls or Part 37 requirements. In addition, 
Mr. Chaisson shall provide documentation showing that he has 
successfully completed a 40-hour formal training course for Non-
Destructive Testing that meets or exceeds the requirements in 10 CFR 
34.43, ``Training.'' All training documentation presented to the NRC 
shall include the training dates, course syllabi, and instructor 
qualifications. All training documentation must verify that the 
training took place after the date of issuance of this Order.
    b. Mr. Chaisson shall demonstrate his understanding of the 
importance of the NRC regulations related to the protection of public 
health and safety or the common defense and security during a 
transcribed meeting with NRC representatives, where he can verbally 
attest to his knowledge of the requirements and regulations under 10 
CFR Part 20, Part 30, Part 34, and either, the Increased Controls Order 
or the requirements under 10 CFR Part 37. In addition at that meeting, 
he shall verbally attest to the corrective actions he has taken to 
address his deliberate misconduct which occurred while employed from 
April 10, 2009, through April 30, 2010, as a former area supervisor and 
former lead radiographer for the Wyoming operations of Texas Gamma Ray, 
LLC. This will include his understanding of: (1) The purpose of the 
safety and security requirements for industrial radiography, (2) his 
role and responsibilities regarding performing activities in accordance 
with the requirements and regulations, (3) the importance of providing 
full and accurate information to the NRC, and (4) the corrective 
actions he has taken to address his deliberate misconduct as described 
above.
    c. If Mr. Chaisson seeks rescission of this Order pursuant to 
Section IV.3, then the information required by Section IV.3.(a) shall 
be provided to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, with a copy to the 
Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX 
76011-4511. Mr. Chaisson must also request from the Director, Office of 
Enforcement and the Regional Administrator, NRC Region IV, to meet with 
the NRC, in accordance with Section IV.3.(b) of this Order.
    4. If, after considering the conditions in Section IV.3 of this 
Order, the NRC determines that Mr. Chaisson has sufficiently 
demonstrated his understanding and commitment to compliance with NRC 
requirements and regulations such that reasonable assurance exists:
    a. For a 2-year period after NRC notifies Mr. Chaisson in writing 
of its reasonable assurance determination, Mr. Chaisson must 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 in writing to the attention of the Director, 
Division of Nuclear Materials Safety; U.S. Nuclear Regulatory 
Commission, Region IV, 1600 E. Lamar Blvd., Arlington, Texas 76011-
4511, or by fax number to 817-200-1188.
    b. For a 2-year period after NRC notifies Mr. Chaisson in writing 
of its reasonable assurance determination, in the situation where Mr. 
Chaisson works for an Agreement State licensee that provides 
notification to perform work in NRC jurisdiction, Mr. Chaisson shall 
notify NRC Region IV at least 3 days prior to working in NRC 
jurisdiction. The notification will be for each occurrence of working 
in NRC's jurisdiction, and will include the dates and specific location 
where he will be conducting NRC licensed activities. Mr. Chaisson will 
provide this notification in writing to the attention of the Director, 
Division of Nuclear Materials Safety; U.S. Nuclear Regulatory 
Commission, Region IV, 1600 E. Lamar Blvd., Arlington, Texas 76011-
4511, or by fax number to 817-200-1188. Mr. Chaisson's notification 
must be independent of any notification required by the licensee 
pursuant to 10 CFR 150.20.
    c. For a 2-year period after NRC notifies Mr. Chaisson in writing 
of its reasonable assurance determination, 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.
    d. In order to ensure NRC licensees are aware of the limitations on 
Mr. Chaisson's NRC licensed activities, from the effective date of this 
Prohibition Order until 2 years after the NRC notifies Mr. Chaisson in 
writing of its reasonable assurance determination, Mr.

[[Page 42060]]

Chaisson must provide, at least 3 days prior to starting work, a copy 
of this Order to employers who are NRC licensees. This includes 
Agreement State licensees who may potentially perform work in NRC's 
jurisdiction pursuant to 10 CFR 150.20.
    The provisions of Section IV are effective 30 days from the date of 
issuance of this Order. The Director, Office of Enforcement, or 
designee, may, in writing, relax or rescind any of the above conditions 
upon demonstration by Mr. Chaisson of good cause.

V.

    In accordance with 10 CFR 2.202, Mr. James Chaisson must submit a 
written answer to this Order under oath or affirmation within 30 days 
of its issuance. Mr. Chaisson's failure to respond to this Order could 
result in additional enforcement action in accordance with the 
Commission's Enforcement Policy. Any person adversely affected by this 
Order may submit a written answer to this Order within 30 days of its 
issuance. In addition, Mr. Chaisson may demand, and any other person 
adversely affected by this Order may request, a hearing on this Order 
within 30 days of its issuance. Where good cause is shown, 
consideration will be given to extending the time to answer and demand 
or 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 20555-0001, and include a statement of good 
cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
demand or request for hearing, a petition for leave to intervene, any 
motion or other document filed in the proceeding prior to the 
submission of a demand or 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, as amended by 77 FR 46562, 
August 3, 2012), codified in pertinent part at 10 CFR Part 2, Subpart 
C. 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 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 demand or request, or a 
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.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, under ``Getting Started,'' 
then select ``Reference Materials for Electronic Submissions.'' 
Participants may attempt to use other software not listed on the Web 
site, but should note that the NRC's E-Filing system does not support 
unlisted software, and the NRC Meta System Help Desk will not be able 
to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in obtained 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.
    After the Office of the Secretary has created a docket and a 
participant has obtained a digital ID certificate, then the participant 
may submit a demand for hearing or request for hearing or petition for 
leave to intervene through the EIE. 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 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 (ET) 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 other persons who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding. The filer need not serve the documents on participants 
separately. Therefore, any others who wish to participate in the 
proceeding (or their counsel or representative) must apply for and 
receive a digital ID certificate before a hearing demand or 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 NRC'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's public 
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., ET, 
Monday through Friday, excluding government holidays.
    Participants who believe 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

[[Page 42061]]

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 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. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, 
participants are requested not to include copyrighted materials in 
their submission, except for limited excerpts that serve the purpose of 
the adjudicatory filings and constitute a Fair Use application.
    If a person other than Mr. Chaisson requests a hearing, that person 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is demanded by Mr. Chaisson or requested by 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 demand or request for 
hearing, or written approval of an extension of time in which to demand 
or request a hearing, the provisions specified in Section IV above 
shall be effective and final 30 days after the date of issuance of this 
Order, without further order or proceedings. If an extension of time 
for demanding or requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing demand or request has not been received.

    Dated at Rockville, Maryland, this 11th day of July 2014.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Acting Director, Office of Enforcement.
[FR Doc. 2014-16964 Filed 7-17-14; 8:45 am]
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