In the Matter of Energy Northwest; Columbia Generating Station, 61495-61499 [2015-26046]
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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
the ability of the NRC and Agreement
States to conduct inspections and
investigations, communicate
information to other government
agencies, and verify legitimate
ownership and use of nationally tracked
sources.
Dated at Rockville, Maryland, this 6th day
of October 2015.
For the Nuclear Regulatory Commission.
Kristen Benney,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. 2015–25910 Filed 10–9–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS), Meeting of the
ACRS Subcommittee on AP1000
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The ACRS Subcommittee on AP1000
will hold a meeting on October 21–22,
2015, Room T–2B1, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open.
The agenda for the subject meeting
shall be as follows:
Wednesday, October 21, 2015—8:30
a.m. until 5:00 p.m.; Thursday, October
22, 2015—8:30 a.m. until 5:00 p.m.
The Subcommittee will review the
draft Safety Evaluation Report
associated with combined license
application (COLA) for the William
States Lee Nuclear Station Units 1 and
2. The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and other interested
persons regarding this matter. 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), Mr. Peter Wen
(Telephone 301–415–2832 or Email:
Peter.Wen@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
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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 1, 2015 (79 FR 59307).
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 (Telephone 240–888–9835) to be
escorted to the meeting room.
Dated: October 2, 2015.
Mark L. Banks,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2015–25878 Filed 10–9–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–397 and EA–14–240; NRC–
2015–0228]
In the Matter of Energy Northwest;
Columbia Generating Station
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) and Energy
Northwest engaged in mediation as part
of the NRC’s Alternative Dispute
Resolution Program which resulted in a
settlement agreement as reflected in the
confirmatory order relating to Columbia
Generating Station.
DATES: The confirmatory order was
issued to the licensee on September 28,
2015. The effective date is October 28,
2015.
ADDRESSES: Please refer to Docket ID
NRC–2015–0228 when contacting the
NRC about the availability of
SUMMARY:
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61495
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0228. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about this Order, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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 (if it 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:
Richard Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1030, email: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland, this 5th day
of October 2015.
For the Nuclear Regulatory Commission.
Nicholas Hilton,
Chief, Enforcement Branch, Office of
Enforcement .
United states of America NUCLEAR
REGULATORY COMMISSION
In the Matter of Energy Northwest Columbia
Generating Station
Docket: 05000397 License: NPF–21 EA–14–
240
COnfirmatory Order (Modifying
License)
I
Energy Northwest (Licensee) is the
holder of Reactor Operating License
NPF–21 issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) pursuant to Title 10 of the
Code of Federal Regulations (10 CFR)
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Part 50 on April 13, 1984, and renewed
on May 22, 2012. The license authorizes
the operation of the Columbia
Generating Station (CGS) in accordance
with the conditions specified therein.
The facility is located in Richland, WA.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on August
6, 2015, and subsequent discussions
completed on August 25, 2015.
II
On December 11, 2013, the NRC’s
Office of Investigations (OI), Region IV
Field Office, initiated an investigation to
determine whether nuclear security
officers (NSOs) assigned to Energy
Northwest’s CGS were willfully
inattentive while on duty. The
investigation was completed on March
11, 2015, and was documented in OI
Report 4–2014–009, dated December 18,
2014. Based on the results of the
investigation, the NRC concluded that,
on multiple occasions in 2012, 2013,
and 2014, two security officers willfully
violated 10 CFR 73.55(k)(5)(iii), in that
they were not available at all times
inside the protected area for their
assigned response duties.
On August 6, 2015, Energy Northwest
and the NRC met in an ADR session
mediated by a professional mediator,
arranged through the Cornell University
Scheinman Institute on Conflict
Resolution. ADR is a process in which
a neutral mediator with no decisionmaking authority assists the parties in
reaching an agreement on resolving any
differences regarding the dispute. This
Confirmatory Order is issued pursuant
to the agreement reached during the
ADR process.
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III
In response to the NRC’s offer, Energy
Northwest requested use of the NRC
ADR process to resolve differences it
had with the NRC. On August 25, 2015,
a preliminary settlement agreement was
reached.
The NRC recognizes the corrective
actions that Energy Northwest has
already implemented associated with
the events that formed the basis of this
matter. These actions at CGS include:
• Informational briefings to NSOs on
all shifts regarding the severity and the
consequences of the incidents that
formed the basis for this violation; and
the reinforcement of using mitigation
tools to avoid inattentiveness;
• Discussions with NSOs regarding
regulatory requirements and the overall
role security plays in the nuclear
industry;
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• Review of professionalism
standards and expectations, as well as a
code of ethics with NSOs and
supervisors on each shift;
• Installation and use of surveillance
cameras in bullet resistant enclosures
(BREs);
• Increased frequency of radio checks
to all posts and patrols; and
• Increased supervisory checks of
posts and patrols;
The elements of the agreement, as
signed by both parties, consist of the
following:
A. The NRC has concluded that a
willful violation of Title 10 of the Code
of Federal Regulations (10 CFR)
73.55(k)(5)(iii) occurred between 2012
and 2014, when NSOs at CGS were
willfully inattentive while on duty,
which resulted in their not meeting the
requirement to be available at all times
inside the protected area for their
assigned response duties. Energy
Northwest does not dispute this
conclusion.
B. Within 3 months of the date of this
Confirmatory Order, Energy Northwest
will conduct a common cause
evaluation related to the events that
formed the basis of this matter.
1. The common cause evaluation will
be conducted by a trained individual
outside of the Emergency Services
organization at CGS.
2. The results will be incorporated
into Energy Northwest’s corrective
action program at CGS, as appropriate.
3. A copy of the completed evaluation
will be made available for NRC review.
C. Within 18 months of the date of
this Confirmatory Order, Energy
Northwest will install wide-angle
cameras in BREs to monitor the
availability of nuclear security officers.
1. The cameras will be monitored by
security supervisors (i.e., Sergeant or
Lieutenant) at a frequency of not less
than twice per shift per BRE when
cameras are functional.
2. When the cameras are not
functional, security supervisors (i.e.,
Sergeant or Lieutenant) will conduct
security post checks at a frequency of
not less than twice per shift, provided
there is adequate staffing (i.e., one
lieutenant and two sergeants) to ensure
other commitments can be met.
3. Until cameras are installed in the
BREs, Energy Northwest security
management will continue to perform a
minimum of two post checks per shift,
provided there is adequate staffing (i.e.,
one lieutenant and two sergeants) to
ensure other commitments can be met.
4. Use of cameras to monitor the
availability of NSOs inside BREs will be
documented.
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D. Within 6 months of the date of this
Confirmatory Order, Energy Northwest
will revise its annual compliance and
ethics computer-based training to
address deliberate misconduct (10 CFR
50.5), compliance therewith, and
consequences for non-compliance.
1. Prior to conducting the training,
Energy Northwest will provide its
proposed training plan to the NRC for
its review. The NRC will communicate
to the licensee any concerns regarding
the plan within 30 days of submittal for
resolution in a manner acceptable to
both parties.
2. Energy Northwest will complete
administration of this training within 6
months of the date of this Confirmatory
Order.
E. Energy Northwest will ensure its
NSOs understand the need to comply
with regulations and the consequences
for non-compliance by having NSOs
sign a statement affirming the same.
This statement will be signed by current
NSOs within 6 months of the date of
this Confirmatory Order and within 30
days of hire for new NSOs, subject to
collective bargaining.
F. Energy Northwest will prepare a
‘‘lessons learned’’ presentation derived
from the common cause evaluation to be
delivered to Energy Northwest’s nuclear
security department at CGS concerning
the incidents that formed the basis for
this violation and the consequences.
1. Prior to offering this presentation,
Energy Northwest will provide its
proposed presentation to the NRC for its
review. The NRC will communicate to
the licensee any concerns regarding the
presentation within 30 days of submittal
for resolution in a manner acceptable to
both parties.
2. Energy Northwest will deliver the
presentation to the nuclear security
department at CGS within 6 months of
the date of this Confirmatory Order.
G. Energy Northwest will incorporate
the lessons learned, derived from the
common cause evaluation referenced in
Condition B, and revise procedures at
CGS as appropriate. A copy of the
revised procedures will be made
available for NRC review.
H. Within 12 months of the date of
this Confirmatory Order, Energy
Northwest will prepare a presentation
communicating the incidents that
formed the basis for this violation to be
delivered to an appropriate industry
forum (e.g., the NEI Nuclear Security
Working Group) subject to acceptance of
the conference organizing committees.
1. This presentation will include,
among other things, the significance of
the incidents that formed the basis for
this violation; the consequences of the
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actions; and the significant
responsibilities of NSOs.
2. Prior to making the presentation,
Energy Northwest will provide its
proposed presentation to the NRC for its
review. The NRC will communicate to
the licensee any concerns regarding the
presentation within 30 days of submittal
for resolution in a manner acceptable to
both parties.
3. Energy Northwest will deliver the
presentation within 12 months of the
date of this Confirmatory Order.
I. Within 6 months of the date of this
Confirmatory Order, Energy Northwest
will ensure that an independent third
party will conduct a targeted nuclear
safety culture assessment of the security
organization at CGS.
1. Based on the results of the
assessment, Energy Northwest will
incorporate recommended actions from
the assessment into its corrective action
program, as appropriate.
2. A copy of the completed
assessment will be made available for
NRC review within 30 days of the
completion of the assessment.
J. Within 4 months of the date of this
Confirmatory Order, Energy Northwest
will revise its investigatory procedures
to incorporate lessons learned from this
matter (e.g., to engage the NRC Regional
Office on Energy Northwest’s plans to
conduct regulatory violation
investigations in parallel with the NRC’s
Office of Investigations).
K. Notification to NRC When Actions
Are Completed
1. Unless otherwise specified, Energy
Northwest will submit written
notification to the Director, Division of
Reactor Safety, U.S. NRC Region IV,
1600 East Lamar Blvd., Arlington, Texas
76011–4511, at intervals not to exceed
3 months until the terms of the
Confirmatory Order are completed,
providing a status of each item in the
Order.
2. Energy Northwest will provide its
basis for concluding that the terms of
the Confirmatory Order have been
satisfied, to the NRC, in writing.
L. Inspection Follow-up
Based on the corrective actions and
enhancements described above, the NRC
will conduct follow-up inspections
using NRC Inspection Procedure 92702,
‘‘Followup on Corrective Actions for
Violations and Deviations,’’ to confirm,
among other things, the thoroughness
and adequacy of the above-referenced
actions.
M. Administrative Items
1. The NRC and Energy Northwest
agree that the above elements will be
incorporated into a Confirmatory Order
and that the NRC will consider the order
an escalated enforcement action with
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respect to any future enforcement
actions.
2. The NRC agrees to provide Energy
Northwest with copies of the
correspondence issued to the two
nuclear security officers involved, and
associated with the incidents that
formed the basis for this violation.
3. In consideration of the
commitments delineated above, the
NRC agrees to refrain from issuing a
Notice of Violation for the violation
discussed in NRC Inspection Report and
Investigation Report to Energy
Northwest of June 25, 2015 (EA–14–
240).
4. This agreement is binding upon
successors and assigns of Energy
Northwest.
N. Within 30 days of the date of the
Confirmatory Order, Energy Northwest
shall pay a civil penalty of $35,000.
On September 21, 2015, Energy
Northwest consented to issuing this
Confirmatory Order with the
commitments, as described in Section V
below. Energy Northwest further agreed
that this Confirmatory Order is to be
effective 30 days after its issuance and
that Energy Northwest has waived its
right to a hearing.
IV
Since the licensee has agreed to take
additional actions to address NRC
concerns, as set forth in Item III above,
the NRC has concluded that its concerns
can be resolved through issuance of this
Confirmatory Order.
I find that Energy Northwest’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 Energy
Northwest’s commitments be confirmed
by this Confirmatory Order. Based on
the above and Energy Northwest’s
consent, this Confirmatory Order is
effective 30 days after its issuance.
V
Accordingly, pursuant to Sections
104b, 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 50, IT IS HEREBY ORDERED,
THAT THE ACTIONS DESCRIBED
BELOW WILL BE TAKEN AT
COLUMBIA GENERATING STATION
AND THAT LICENSE NO. NPF–21 IS
MODIFIED AS FOLLOWS WITH
RESPECT TO THE ACTIONS TO BE
TAKEN AT THE COLUMBIA
GENERATING STATION:
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61497
A. Within 3 months of the date of this
Confirmatory Order, Energy Northwest
will conduct a common cause
evaluation related to the events that
formed the basis of this matter.
1. The common cause evaluation will
be conducted by a trained individual
outside of the Emergency Services
organization at CGS.
2. The results will be incorporated
into Energy Northwest’s corrective
action program at CGS, as appropriate.
3. A copy of the completed evaluation
will be made available for NRC review.
B. Within 18 months of the date of
this Confirmatory Order, Energy
Northwest will install wide-angle
cameras in BREs to monitor the
availability of nuclear security officers.
1. The cameras will be monitored by
security supervisors (i.e., Sergeant or
Lieutenant) at a frequency of not less
than twice per shift per BRE when
cameras are functional.
2. When the cameras are not
functional, security supervisors (i.e.,
Sergeant or Lieutenant) will conduct
security post checks at a frequency of
not less than twice per shift, provided
there is adequate staffing (i.e., one
Lieutenant and two Sergeants) to ensure
other commitments can be met.
3. Until cameras are installed in the
BREs, Energy Northwest security
management will continue to perform a
minimum of two post checks per shift,
provided there is adequate staffing (i.e.,
one Lieutenant and two Sergeants) to
ensure other commitments can be met.
4. Use of cameras to monitor the
availability of NSOs inside BREs will be
documented.
C. Within 6 months of the date of this
Confirmatory Order, Energy Northwest
will revise its annual compliance and
ethics computer-based training to
address deliberate misconduct (10 CFR
50.5), compliance therewith, and
consequences for non-compliance.
1. Prior to conducting the training,
Energy Northwest will provide its
proposed training plan to the NRC for
its review. The NRC will communicate
to the licensee any concerns regarding
the plan within 30 days of submittal for
resolution in a manner acceptable to
both parties.
2. Energy Northwest will complete
administration of this training within 6
months of the date of this Confirmatory
Order.
D. Energy Northwest will ensure its
NSOs understand the need to comply
with regulations and the consequences
for non-compliance by having NSOs
sign a statement affirming the same.
This statement will be signed by current
NSOs within 6 months of the date of
this Confirmatory Order and within 30
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days of hire for new NSOs, subject to
collective bargaining.
E. Energy Northwest will prepare a
‘‘lessons learned’’ presentation, derived
from the common cause evaluation, to
be delivered to Energy Northwest’s
nuclear security department at CGS
concerning the incidents that formed
the basis for this violation and the
consequences.
1. Prior to offering this presentation,
Energy Northwest will provide its
proposed presentation to the NRC for its
review. The NRC will communicate to
the licensee any concerns regarding the
presentation within 30 days of submittal
for resolution in a manner acceptable to
both parties.
2. Energy Northwest will deliver the
presentation to the nuclear security
department at CGS within 6 months of
the date of this Confirmatory Order.
F. Energy Northwest will incorporate
the lessons learned, derived from the
common cause evaluation referenced in
Condition B, and revise procedures at
CGS as appropriate. A copy of the
revised procedures will be made
available for NRC review.
G. Within 12 months of the date of
this Confirmatory Order, Energy
Northwest will prepare a presentation
communicating the incidents that
formed the basis for this violation to be
delivered to an appropriate industry
forum (e.g., the NEI Nuclear Security
Working Group) subject to acceptance of
the conference organizing committees.
1. This presentation will include,
among other things, the significance of
the incidents that formed the basis for
this violation; the consequences of the
actions; and the significant
responsibilities of NSOs.
2. Prior to making the presentation,
Energy Northwest will provide its
proposed presentation to the NRC for its
review. The NRC will communicate to
the licensee any concerns regarding the
presentation within 30 days of submittal
for resolution in a manner acceptable to
both parties.
3. Energy Northwest will deliver the
presentation within 12 months of the
date of this Confirmatory Order.
H. Within 6 months of the date of this
Confirmatory Order, Energy Northwest
will ensure that an independent third
party will conduct a targeted nuclear
safety culture assessment of the security
organization at CGS.
1. Based on the results of the
assessment, Energy Northwest will
incorporate recommended actions from
the assessment into its corrective action
program, as appropriate.
2. A copy of the completed
assessment will be made available for
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NRC review within 30 days of the
completion of the assessment.
I. Within 4 months of the date of this
Confirmatory Order, Energy Northwest
will revise its investigatory procedures
to incorporate lessons learned from this
matter (e.g., to engage the NRC Regional
Office on Energy Northwest’s plans to
conduct regulatory violation
investigations in parallel with the NRC’s
Office of Investigations).
J. Notification to NRC When Actions
Are Completed
1. Unless otherwise specified, Energy
Northwest will submit written
notification to the Director, Division of
Reactor Safety, U. S. NRC Region IV,
1600 East Lamar Blvd., Arlington, Texas
76011–4511, at intervals not to exceed
3 months until the terms of this
Confirmatory Order are completed,
providing a status of each item in the
Confirmatory Order.
2. Energy Northwest will provide its
basis for concluding that the terms of
this Confirmatory Order have been
satisfied, to the NRC, in writing.
K. Within 30 days of the date of this
Confirmatory Order, Energy Northwest
shall pay a civil penalty of $35,000.
The Regional Administrator, Region
IV, may, in writing, relax or rescind any
of the above conditions upon
demonstration by Energy Northwest of
good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than Energy
Northwest may request a hearing within
30 days of the issuance date of this
Confirmatory Order. 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
directed 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, as
amended at 77 FR 46562, August 3,
2012), which is codified in pertinent
part at 10 CFR part 2, subpart C. The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
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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 (1) request 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 NRCissued 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/
getting-started.html. System
requirements for accessing the ESubmittal 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
Electronic Filing 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. Further information
on the Web-based submission form 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 hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with 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
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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 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 NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC Electronic Filing 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 tollfree call to 866–672–7640. The NRC
Electronic Filing 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 firstclass 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
VerDate Sep<11>2014
21:23 Oct 09, 2015
Jkt 238001
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, participants are
requested not to include copyrighted
materials in their submission, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application.
If a person other the Energy
Northwest 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 a separate order
designating the time and place of any
hearings, as appropriate. 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 effective and
final 30 days after the issuance date of
this Confirmatory Order 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.
Dated this 28th day of September 2015.
For the Nuclear Regulatory Commission.
Marc L. Dapas
Regional Administrator
[FR Doc. 2015–26046 Filed 10–9–15; 8:45 am]
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61499
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on Structural
Analysis; Notice of Meeting
The ACRS Subcommittee on
Structural Analysis will hold a meeting
on October 23, 2015, Room T–2B1,
11545 Rockville Pike, Rockville,
Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Friday, October 23, 2015—8:30 a.m.
until 5:00 p.m.
The Subcommittee will review and
discuss treatment of uncertainties in
probabilistic seismic hazard analysis.
The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and other interested
persons regarding this matter. 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), 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 30 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 1, 2014 (79 FR
59307).
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
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61495-61499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26046]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-397 and EA-14-240; NRC-2015-0228]
In the Matter of Energy Northwest; Columbia Generating Station
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and Energy
Northwest engaged in mediation as part of the NRC's Alternative Dispute
Resolution Program which resulted in a settlement agreement as
reflected in the confirmatory order relating to Columbia Generating
Station.
DATES: The confirmatory order was issued to the licensee on September
28, 2015. The effective date is October 28, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0228 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0228. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about this Order,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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 (if it 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: Richard Guzman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1030, email: Richard.Guzman@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 5th day of October 2015.
For the Nuclear Regulatory Commission.
Nicholas Hilton,
Chief, Enforcement Branch, Office of Enforcement .
United states of America NUCLEAR REGULATORY COMMISSION
In the Matter of Energy Northwest Columbia Generating Station
Docket: 05000397 License: NPF-21 EA-14-240
COnfirmatory Order (Modifying License)
I
Energy Northwest (Licensee) is the holder of Reactor Operating
License NPF-21 issued by the U.S. Nuclear Regulatory Commission (NRC or
Commission) pursuant to Title 10 of the Code of Federal Regulations (10
CFR)
[[Page 61496]]
Part 50 on April 13, 1984, and renewed on May 22, 2012. The license
authorizes the operation of the Columbia Generating Station (CGS) in
accordance with the conditions specified therein. The facility is
located in Richland, WA.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on August 6, 2015, and subsequent discussions completed on
August 25, 2015.
II
On December 11, 2013, the NRC's Office of Investigations (OI),
Region IV Field Office, initiated an investigation to determine whether
nuclear security officers (NSOs) assigned to Energy Northwest's CGS
were willfully inattentive while on duty. The investigation was
completed on March 11, 2015, and was documented in OI Report 4-2014-
009, dated December 18, 2014. Based on the results of the
investigation, the NRC concluded that, on multiple occasions in 2012,
2013, and 2014, two security officers willfully violated 10 CFR
73.55(k)(5)(iii), in that they were not available at all times inside
the protected area for their assigned response duties.
On August 6, 2015, Energy Northwest and the NRC met in an ADR
session mediated by a professional mediator, arranged through the
Cornell University Scheinman Institute on Conflict Resolution. ADR is a
process in which a neutral mediator with no decision-making authority
assists the parties in reaching an agreement on resolving any
differences regarding the dispute. This Confirmatory Order is issued
pursuant to the agreement reached during the ADR process.
III
In response to the NRC's offer, Energy Northwest requested use of
the NRC ADR process to resolve differences it had with the NRC. On
August 25, 2015, a preliminary settlement agreement was reached.
The NRC recognizes the corrective actions that Energy Northwest has
already implemented associated with the events that formed the basis of
this matter. These actions at CGS include:
Informational briefings to NSOs on all shifts regarding
the severity and the consequences of the incidents that formed the
basis for this violation; and the reinforcement of using mitigation
tools to avoid inattentiveness;
Discussions with NSOs regarding regulatory requirements
and the overall role security plays in the nuclear industry;
Review of professionalism standards and expectations, as
well as a code of ethics with NSOs and supervisors on each shift;
Installation and use of surveillance cameras in bullet
resistant enclosures (BREs);
Increased frequency of radio checks to all posts and
patrols; and
Increased supervisory checks of posts and patrols;
The elements of the agreement, as signed by both parties, consist
of the following:
A. The NRC has concluded that a willful violation of Title 10 of
the Code of Federal Regulations (10 CFR) 73.55(k)(5)(iii) occurred
between 2012 and 2014, when NSOs at CGS were willfully inattentive
while on duty, which resulted in their not meeting the requirement to
be available at all times inside the protected area for their assigned
response duties. Energy Northwest does not dispute this conclusion.
B. Within 3 months of the date of this Confirmatory Order, Energy
Northwest will conduct a common cause evaluation related to the events
that formed the basis of this matter.
1. The common cause evaluation will be conducted by a trained
individual outside of the Emergency Services organization at CGS.
2. The results will be incorporated into Energy Northwest's
corrective action program at CGS, as appropriate.
3. A copy of the completed evaluation will be made available for
NRC review.
C. Within 18 months of the date of this Confirmatory Order, Energy
Northwest will install wide-angle cameras in BREs to monitor the
availability of nuclear security officers.
1. The cameras will be monitored by security supervisors (i.e.,
Sergeant or Lieutenant) at a frequency of not less than twice per shift
per BRE when cameras are functional.
2. When the cameras are not functional, security supervisors (i.e.,
Sergeant or Lieutenant) will conduct security post checks at a
frequency of not less than twice per shift, provided there is adequate
staffing (i.e., one lieutenant and two sergeants) to ensure other
commitments can be met.
3. Until cameras are installed in the BREs, Energy Northwest
security management will continue to perform a minimum of two post
checks per shift, provided there is adequate staffing (i.e., one
lieutenant and two sergeants) to ensure other commitments can be met.
4. Use of cameras to monitor the availability of NSOs inside BREs
will be documented.
D. Within 6 months of the date of this Confirmatory Order, Energy
Northwest will revise its annual compliance and ethics computer-based
training to address deliberate misconduct (10 CFR 50.5), compliance
therewith, and consequences for non-compliance.
1. Prior to conducting the training, Energy Northwest will provide
its proposed training plan to the NRC for its review. The NRC will
communicate to the licensee any concerns regarding the plan within 30
days of submittal for resolution in a manner acceptable to both
parties.
2. Energy Northwest will complete administration of this training
within 6 months of the date of this Confirmatory Order.
E. Energy Northwest will ensure its NSOs understand the need to
comply with regulations and the consequences for non-compliance by
having NSOs sign a statement affirming the same. This statement will be
signed by current NSOs within 6 months of the date of this Confirmatory
Order and within 30 days of hire for new NSOs, subject to collective
bargaining.
F. Energy Northwest will prepare a ``lessons learned'' presentation
derived from the common cause evaluation to be delivered to Energy
Northwest's nuclear security department at CGS concerning the incidents
that formed the basis for this violation and the consequences.
1. Prior to offering this presentation, Energy Northwest will
provide its proposed presentation to the NRC for its review. The NRC
will communicate to the licensee any concerns regarding the
presentation within 30 days of submittal for resolution in a manner
acceptable to both parties.
2. Energy Northwest will deliver the presentation to the nuclear
security department at CGS within 6 months of the date of this
Confirmatory Order.
G. Energy Northwest will incorporate the lessons learned, derived
from the common cause evaluation referenced in Condition B, and revise
procedures at CGS as appropriate. A copy of the revised procedures will
be made available for NRC review.
H. Within 12 months of the date of this Confirmatory Order, Energy
Northwest will prepare a presentation communicating the incidents that
formed the basis for this violation to be delivered to an appropriate
industry forum (e.g., the NEI Nuclear Security Working Group) subject
to acceptance of the conference organizing committees.
1. This presentation will include, among other things, the
significance of the incidents that formed the basis for this violation;
the consequences of the
[[Page 61497]]
actions; and the significant responsibilities of NSOs.
2. Prior to making the presentation, Energy Northwest will provide
its proposed presentation to the NRC for its review. The NRC will
communicate to the licensee any concerns regarding the presentation
within 30 days of submittal for resolution in a manner acceptable to
both parties.
3. Energy Northwest will deliver the presentation within 12 months
of the date of this Confirmatory Order.
I. Within 6 months of the date of this Confirmatory Order, Energy
Northwest will ensure that an independent third party will conduct a
targeted nuclear safety culture assessment of the security organization
at CGS.
1. Based on the results of the assessment, Energy Northwest will
incorporate recommended actions from the assessment into its corrective
action program, as appropriate.
2. A copy of the completed assessment will be made available for
NRC review within 30 days of the completion of the assessment.
J. Within 4 months of the date of this Confirmatory Order, Energy
Northwest will revise its investigatory procedures to incorporate
lessons learned from this matter (e.g., to engage the NRC Regional
Office on Energy Northwest's plans to conduct regulatory violation
investigations in parallel with the NRC's Office of Investigations).
K. Notification to NRC When Actions Are Completed
1. Unless otherwise specified, Energy Northwest will submit written
notification to the Director, Division of Reactor Safety, U.S. NRC
Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at
intervals not to exceed 3 months until the terms of the Confirmatory
Order are completed, providing a status of each item in the Order.
2. Energy Northwest will provide its basis for concluding that the
terms of the Confirmatory Order have been satisfied, to the NRC, in
writing.
L. Inspection Follow-up
Based on the corrective actions and enhancements described above,
the NRC will conduct follow-up inspections using NRC Inspection
Procedure 92702, ``Followup on Corrective Actions for Violations and
Deviations,'' to confirm, among other things, the thoroughness and
adequacy of the above-referenced actions.
M. Administrative Items
1. The NRC and Energy Northwest agree that the above elements will
be incorporated into a Confirmatory Order and that the NRC will
consider the order an escalated enforcement action with respect to any
future enforcement actions.
2. The NRC agrees to provide Energy Northwest with copies of the
correspondence issued to the two nuclear security officers involved,
and associated with the incidents that formed the basis for this
violation.
3. In consideration of the commitments delineated above, the NRC
agrees to refrain from issuing a Notice of Violation for the violation
discussed in NRC Inspection Report and Investigation Report to Energy
Northwest of June 25, 2015 (EA-14-240).
4. This agreement is binding upon successors and assigns of Energy
Northwest.
N. Within 30 days of the date of the Confirmatory Order, Energy
Northwest shall pay a civil penalty of $35,000.
On September 21, 2015, Energy Northwest consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Energy Northwest further agreed that this Confirmatory Order is
to be effective 30 days after its issuance and that Energy Northwest
has waived its right to a hearing.
IV
Since the licensee has agreed to take additional actions to address
NRC concerns, as set forth in Item III above, the NRC has concluded
that its concerns can be resolved through issuance of this Confirmatory
Order.
I find that Energy Northwest'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 Energy Northwest's commitments be confirmed by this
Confirmatory Order. Based on the above and Energy Northwest's consent,
this Confirmatory Order is effective 30 days after its issuance.
V
Accordingly, pursuant to Sections 104b, 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 50, IT IS HEREBY ORDERED,
THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT COLUMBIA GENERATING
STATION AND THAT LICENSE NO. NPF-21 IS MODIFIED AS FOLLOWS WITH RESPECT
TO THE ACTIONS TO BE TAKEN AT THE COLUMBIA GENERATING STATION:
A. Within 3 months of the date of this Confirmatory Order, Energy
Northwest will conduct a common cause evaluation related to the events
that formed the basis of this matter.
1. The common cause evaluation will be conducted by a trained
individual outside of the Emergency Services organization at CGS.
2. The results will be incorporated into Energy Northwest's
corrective action program at CGS, as appropriate.
3. A copy of the completed evaluation will be made available for
NRC review.
B. Within 18 months of the date of this Confirmatory Order, Energy
Northwest will install wide-angle cameras in BREs to monitor the
availability of nuclear security officers.
1. The cameras will be monitored by security supervisors (i.e.,
Sergeant or Lieutenant) at a frequency of not less than twice per shift
per BRE when cameras are functional.
2. When the cameras are not functional, security supervisors (i.e.,
Sergeant or Lieutenant) will conduct security post checks at a
frequency of not less than twice per shift, provided there is adequate
staffing (i.e., one Lieutenant and two Sergeants) to ensure other
commitments can be met.
3. Until cameras are installed in the BREs, Energy Northwest
security management will continue to perform a minimum of two post
checks per shift, provided there is adequate staffing (i.e., one
Lieutenant and two Sergeants) to ensure other commitments can be met.
4. Use of cameras to monitor the availability of NSOs inside BREs
will be documented.
C. Within 6 months of the date of this Confirmatory Order, Energy
Northwest will revise its annual compliance and ethics computer-based
training to address deliberate misconduct (10 CFR 50.5), compliance
therewith, and consequences for non-compliance.
1. Prior to conducting the training, Energy Northwest will provide
its proposed training plan to the NRC for its review. The NRC will
communicate to the licensee any concerns regarding the plan within 30
days of submittal for resolution in a manner acceptable to both
parties.
2. Energy Northwest will complete administration of this training
within 6 months of the date of this Confirmatory Order.
D. Energy Northwest will ensure its NSOs understand the need to
comply with regulations and the consequences for non-compliance by
having NSOs sign a statement affirming the same. This statement will be
signed by current NSOs within 6 months of the date of this Confirmatory
Order and within 30
[[Page 61498]]
days of hire for new NSOs, subject to collective bargaining.
E. Energy Northwest will prepare a ``lessons learned''
presentation, derived from the common cause evaluation, to be delivered
to Energy Northwest's nuclear security department at CGS concerning the
incidents that formed the basis for this violation and the
consequences.
1. Prior to offering this presentation, Energy Northwest will
provide its proposed presentation to the NRC for its review. The NRC
will communicate to the licensee any concerns regarding the
presentation within 30 days of submittal for resolution in a manner
acceptable to both parties.
2. Energy Northwest will deliver the presentation to the nuclear
security department at CGS within 6 months of the date of this
Confirmatory Order.
F. Energy Northwest will incorporate the lessons learned, derived
from the common cause evaluation referenced in Condition B, and revise
procedures at CGS as appropriate. A copy of the revised procedures will
be made available for NRC review.
G. Within 12 months of the date of this Confirmatory Order, Energy
Northwest will prepare a presentation communicating the incidents that
formed the basis for this violation to be delivered to an appropriate
industry forum (e.g., the NEI Nuclear Security Working Group) subject
to acceptance of the conference organizing committees.
1. This presentation will include, among other things, the
significance of the incidents that formed the basis for this violation;
the consequences of the actions; and the significant responsibilities
of NSOs.
2. Prior to making the presentation, Energy Northwest will provide
its proposed presentation to the NRC for its review. The NRC will
communicate to the licensee any concerns regarding the presentation
within 30 days of submittal for resolution in a manner acceptable to
both parties.
3. Energy Northwest will deliver the presentation within 12 months
of the date of this Confirmatory Order.
H. Within 6 months of the date of this Confirmatory Order, Energy
Northwest will ensure that an independent third party will conduct a
targeted nuclear safety culture assessment of the security organization
at CGS.
1. Based on the results of the assessment, Energy Northwest will
incorporate recommended actions from the assessment into its corrective
action program, as appropriate.
2. A copy of the completed assessment will be made available for
NRC review within 30 days of the completion of the assessment.
I. Within 4 months of the date of this Confirmatory Order, Energy
Northwest will revise its investigatory procedures to incorporate
lessons learned from this matter (e.g., to engage the NRC Regional
Office on Energy Northwest's plans to conduct regulatory violation
investigations in parallel with the NRC's Office of Investigations).
J. Notification to NRC When Actions Are Completed
1. Unless otherwise specified, Energy Northwest will submit written
notification to the Director, Division of Reactor Safety, U. S. NRC
Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at
intervals not to exceed 3 months until the terms of this Confirmatory
Order are completed, providing a status of each item in the
Confirmatory Order.
2. Energy Northwest will provide its basis for concluding that the
terms of this Confirmatory Order have been satisfied, to the NRC, in
writing.
K. Within 30 days of the date of this Confirmatory Order, Energy
Northwest shall pay a civil penalty of $35,000.
The Regional Administrator, Region IV, may, in writing, relax or
rescind any of the above conditions upon demonstration by Energy
Northwest of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Energy Northwest may request a hearing within 30 days of the
issuance date of this Confirmatory Order. 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 directed 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, as amended at 77 FR 46562, August 3, 2012), which is
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
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 (1) request 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/getting-started.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 Electronic Filing 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. Further
information on the Web-based submission form 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'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
[[Page 61499]]
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 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic
Filing 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 to 866-672-7640. The NRC
Electronic Filing 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, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and would constitute
a Fair Use application.
If a person other the Energy Northwest 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 a separate order designating the
time and place of any hearings, as appropriate. 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 effective and final 30 days after
the issuance date of this Confirmatory Order 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.
Dated this 28th day of September 2015.
For the Nuclear Regulatory Commission.
Marc L. Dapas
Regional Administrator
[FR Doc. 2015-26046 Filed 10-9-15; 8:45 am]
BILLING CODE 7590-01-P