In the Matter of Northern States Power Company, Minnesota, 1234-1238 [2016-322]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
purpose of helping NSF shape the
content and coverage of data related to
R&D in the nonprofit sector. Finally, in
the summer of 2015 cognitive
interviews were conducted with
representatives of 28 nonprofit
organizations that perform and fund
research to test the prenotification letter,
a handout that will be included with the
letter, and the survey instrument. The
pilot test will be a web survey with a
paper version of the questionnaire
available for download. The initial
contact with the nonprofit organizations
will be via mail, but the remainder of
the contacts will occur via email.
Use of the information: The primary
purpose of this pilot survey is to assess
the feasibility of and to test the process
of collecting the necessary information
prior to the launch of a nationally
representative survey planned for 2017.
The pilot survey results will not be
published. However, NCSES does plan
to use the information provided to
improve our national estimates of
nonprofit research spending in our
annual publication National Patterns of
R&D Resources.
Expected respondents: The pilot
sample will be 4,000 nonprofit
organizations.
Estimate of burden: We expect a
response rate of 80%. Based on the
responses from the 28 cognitive
interviews, we estimate the full survey
to require 10 hours to complete. The
response time for nonprofit
organizations that do not conduct or
fund research should be under 1 hour.
We estimate that of the 4,000
organizations surveyed, no more than
700 will identify as performer or
funders and submit a full survey
response. Therefore our estimate of
burden for the pilot survey is 10,300
hours (7,000 hours for the 700
performers and funders; 3,300 for the
remainder of the sample).
Dated: January 5, 2016.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2016–229 Filed 1–8–16; 8:45 am]
BILLING CODE 7555–01–P
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NUCLEAR REGULATORY
COMMISSION
In the Matter of Northern States Power
Company, Minnesota
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
18:17 Jan 08, 2016
DATES:
Effective Date: January 20, 2016
Please refer to Docket ID
NRC–2015–0289 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this action using
any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0289. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, 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 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[EA–14–193; NRC–2015–0289]
VerDate Sep<11>2014
The U.S. Nuclear Regulatory
Commission (NRC) and Northern States
Power Company, Minnesota, doing
business as Xcel Energy, 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 (CO) related to Xcel
Energy. The purpose of the CO is to
ensure that the licensee restores
compliance with NRC regulations.
SUMMARY:
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Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle,
Illinois, 60532; telephone: 630–810–
4376, email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Lisle, Illinois this 21st day of
December, 2015.
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For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment—CONFIRMATORY
ORDER MODIFYING LICENSE
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of
Docket Nos. 50–263; 72–058
Northern States Power Company,
Minnesota License No. DPR–22
(Doing business as Xcel Energy) EA–14–
193
Monticello Nuclear Generating Plant
CONFIRMATORY ORDER
MODIFYING LICENSE
I.
Northern States Power Company,
Minnesota, doing business as Xcel
Energy, (Licensee) is the holder of
Reactor Operating License No. DPR–22
issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) Part 50 on
September 8, 1970, and renewed on
November 8, 2006. The license
authorizes the operation of the
Monticello Nuclear Generating Plant
(Monticello) in accordance with
conditions specified therein. The
facility is located on the Licensee’s site
in Monticello, Minnesota.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on
October 15, 2015.
II.
On December 18, 2013, the NRC
Office of Investigations (OI), Region III
Field Office initiated an investigation
(OI Case No. 3–2014–004) to determine
whether two contractor technicians at
the Monticello Nuclear Generating Plant
deliberately failed to perform
nondestructive examinations (NDEs) on
the Dry Shielded Canisters (DSCs) in
accordance with procedural
requirements, and to determine whether
they falsified records when recording
the NDE results. The results of the
investigation, completed on November
13, 2014, were sent to Xcel Energy in a
letter dated July 23, 2015
(ML15203B187). Based on the review of
the OI investigation report the NRC
determined that both contractor
technicians willfully violated 10 CFR
72.158, ‘‘Control of special processes,’’
and 10 CFR 72.11, ‘‘Completeness and
accuracy of information.’’ In addition,
the NRC determined the licensee
violated Title 10 CFR 72.154(c),
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‘‘Control of purchased material,
equipment, and services.’’
Specifically, on October 17, 2013, an
NRC inspector observed, by video
display, the NDE liquid penetrant
testing (PT) of the outer top cover plate
weld for DSCs being conducted by a
contractor technician. The inspector
believed that the technician failed to
comply with procedural requirements in
conducting the PT. The inspector
reviewed the procedure, confirmed that
the PT was not being performed in
accordance with the procedure, and
notified Monticello management.
Monticello management and the NDE
contractor management reviewed the
video, and concluded the PT was not
performed properly. Upon further
review, the NRC inspector determined
that two contractor NDE technicians
were involved in performing the PT
examinations. These individuals were
involved with examining a total of 66
welds on six DSCs.
Based on the evidence gathered in the
OI investigation, the NRC determined
that the two NDE contractors
deliberately violated NRC requirements
by failing to perform NDE PT of DSCs,
a special process, in accordance with
procedures by not allowing the
developer to dwell for the period of time
specified in procedure 12751 QP–9.202,
Rev. 1, ‘‘Color Contrast Liquid Penetrant
Examination using the SolventRemovable Method.’’ Their actions
caused the licensee to be in violation of
Certificate of Compliance 1004,
Amendment 10, Technical Specification
1.2.5, ‘‘DSC Dye Penetrant Tests of
Closure Welds,’’ which was
implemented by the procedure, and 10
CFR 72.158, as NDE testing, a special
process, was not accomplished in
accordance with the applicable
standards and requirements.
The NRC further determined that the
two contractors willfully violated NRC
requirements by recording false
information concerning developer dwell
times on the PT examination report for
each NDE. This caused the licensee to
be in violation of 10 CFR 72.11(a),
which requires information required to
be maintained by the licensee to be
complete and accurate in all material
respects.
The NRC also determined the licensee
failed to assess the effectiveness of the
controls of quality by the contractors.
Specifically, the licensee did not
adequately monitor the work of the
contractors performing PT testing on
DSCs No. 11 through 16. This caused
the licensee to be in violation of 10 CFR
72.154(c), ‘‘Control of purchased
material, equipment, and services,’’
which required, in part, that licensees
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assess the effectiveness of the control of
quality by contractors and
subcontractors at intervals consistent
with the importance, complexity, and
quantity of the product or services.
In response to the NRC’s offer, Xcel
Energy requested use of the NRC ADR
process to resolve differences it had
with the NRC. Alternative Dispute
Resolution 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. On
October 15, 2015, Xcel Energy and the
NRC met in an ADR session mediated
by a professional mediator, arranged
through the Cornell University’s
Institute on Conflict Resolution.
III.
During the ADR session, a
preliminary settlement agreement was
reached. This Confirmatory Order is
issued pursuant to the agreement
reached during the ADR process. The
elements of the agreement, as signed by
both parties, consisted of the following:
1. The licensee shall restore
compliance to 10 CFR part 72 to DSCs
11 through 16 within 5 years of the date
the NRC takes final action upon the
September 29, 2015, exemption request
pending for DSC 16 (ML15275A023), or
the exemption request is withdrawn,
whichever is earlier.
2. Within 180 calendar days of the
NRC’s final action on the docketed
exemption request dated September 29,
2015 (ML15275A023), or the date the
exemption request is withdrawn,
whichever is earlier, the licensee shall
submit a project plan to the Director,
Division of Nuclear Materials Safety
(DNMS), Region III, for returning DSCs
11 through 16 to compliance to 10 CFR
part 72.
3. Within 180 calendar days after
submittal of the DSCs 11 through 16
project plan, Xcel Energy shall submit a
letter to the Director, DNMS, Region III,
regarding progress under the plan, and
any non-editorial changes to the plan. A
letter providing a progress update and
any non-editorial plan changes shall be
provided every 360 calendar days
thereafter to the Director, DNMS, Region
III, until the plan is completed.
4. Within 90 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall evaluate Monticello’s
dry fuel storage procedures and ensure
the procedures require direct licensee
oversight during the entire evolution of
each dye penetrant test performed by
contractors on DSC closure welds.
5. Within 120 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall ensure and document
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that all first line supervisors and above,
who oversee contractors performing
field work in the Xcel Energy nuclear
fleet, review the circumstances and
lessons learned from the events that
gave rise to the Confirmatory Order.
6. Within 360 calendar days of the
issuance date of the Confirmatory Order,
the licensee shall assess and document
the effectiveness of improvements in
oversight of supplemental workers (e.g.,
contractors) in the Xcel Energy nuclear
fleet, including the actions taken in item
5.
7. Within 540 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall develop and make a
presentation based on the facts and
lessons learned from the events that
gave rise to the Confirmatory Order,
with emphasis on corrective actions
taken as a result. Xcel Energy agrees to
make this presentation at an appropriate
industry forum such that industry
personnel across the entirety of the
United States would have the
opportunity to receive the material. Xcel
Energy shall inform the Director, DNMS,
Region III, of where the presentation
will be made, and shall make the
presentation materials available to the
NRC for review at least 30 calendar days
in advance of the presentation.
8. Within 360 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall submit an article to an
industry publication, such as UxC Spent
Fuel, describing the circumstances of
the violation, the root and contributing
causes, and the corrective actions. The
licensee shall provide a draft to the
Director, DNMS, Region III, at least 30
calendar days in advance of the
submittal.
9. Upon completion of all terms of the
Confirmatory Order, Xcel Energy shall
submit to the NRC a letter discussing its
basis for concluding that the Order has
been satisfied.
In addition to the elements described
above, Xcel Energy took the following
corrective actions:
1. Xcel Energy revised its nuclear fleet
Nuclear Oversight (‘‘NOS’’) and Supply
Chain procedures to require the
establishment of a NOS Project
Oversight Plan for any Safety-Related or
Augmented Quality fabrication or
construction activities performed at the
nuclear plant sites under a supplier’s
Quality Assurance (QA) Program. The
NOS procedure for project oversight was
also revised to address site project
implementation in addition to project
component fabrication, and associated
project risks. Upfront planning of the
level and type NOS oversight is based
on those risks.
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2. Xcel Energy created a nuclear fleet
procedure for oversight of supplemental
personnel (e.g., contractors) based upon
the Institute of Nuclear Power
Operations (INPO) AP–930
‘‘Supplemental Personnel Process
Description,’’ which includes a
requirement that each incoming contract
worker have a face-to-face review of
station standards, expectations, and
requirements with the Maintenance
Manager or designee. This includes
current and all future contract personnel
including contract quality control (QC)
inspectors.
3. Xcel Energy issued a rapid
operational experience notice for this
event, which prompted a review of the
event by Prairie Island Nuclear
Generating Plant staff and shared the
event with the nuclear industry through
a process called the INPO Consolidated
Event System (ICES).
4. Xcel Energy reviewed its General
Access Training to ensure it addresses
the consequences of willful violations.
In exchange for the commitments and
corrective actions taken by the licensee,
the NRC agrees to the following
conditions:
1. The NRC will consider the
Confirmatory Order as an escalated
enforcement action for a period of one
year from its issuance date.
2. The NRC will refrain from issuing
a Notice of Violation and a proposed
imposition of a civil penalty.
This agreement is binding upon the
successors and assigns of Xcel Energy.
On December 10, 2015, Xcel Energy
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. Xcel
Energy further agreed that this
Confirmatory Order is to be effective 30
calendar days after issuance of the
Confirmatory Order and that it has
waived its right to a hearing.
IV.
Since the licensee agreed to take
additional actions to address NRC
concerns, as set forth in Section III
above, the NRC concluded that its
concerns can be resolved through
issuance of this Confirmatory Order.
I find that Xcel Energy’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 Xcel Energy’s commitments be
confirmed by this Confirmatory Order.
Based on the above and Xcel Energy’s
consent, this Confirmatory Order is
effective 30 calendar days after issuance
of the Confirmatory Order.
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18:17 Jan 08, 2016
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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, 10 CFR
part 50 and 10 CFR part 72, IT IS
HEREBY ORDERED THAT THE
ACTIONS DESCRIBED BELOW WILL
BE TAKEN AT MONTICELLO
NUCLEAR GENERATING PLANT AND
OTHER NUCLEAR PLANTS IN XCEL
ENERGY’S FLEET WHERE INDICATED
AND THAT LICENSE NO. DPR–22 IS
MODIFIED AS FOLLOWS WITH
RESPECT TO THE ACTIONS TO BE
TAKEN AT THE MONTICELLO
NUCLEAR GENERATING PLANT:
1. The licensee shall restore
compliance to 10 CFR part 72 to DSCs
11 through 16 within 5 years of the date
the NRC takes final action upon the
September 29, 2015, exemption request
pending for DSC 16 (ML15275A023), or
the exemption request is withdrawn,
whichever is earlier.
2. Within 180 calendar days of the
NRC’s final action on the docketed
exemption request dated September 29,
2015 (ML15275A023), or the date the
exemption request is withdrawn,
whichever is earlier, the licensee shall
submit a project plan to the Director,
Division of Nuclear Materials Safety,
Region III, for returning DSCs 11
through 16 to compliance to 10 CFR part
72.
3. Within 180 days after submittal of
the DSCs 11 through 16 project plan,
Xcel Energy shall submit a letter to the
Director, DNMS, Region III, regarding
progress under the plan, and any noneditorial changes to the plan. A letter
providing a progress update and any
non-editorial plan changes shall be
provided every 360 calendar days
thereafter to the Director, DNMS, Region
III, until the plan is completed.
4. Within 90 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall evaluate Monticello’s
dry fuel storage procedures and ensure
the procedures require direct licensee
oversight during the entire evolution of
each dye penetrant test performed by
contractors on DSC closure welds.
5. Within 120 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall ensure and document
that all first line supervisors and above,
who oversee contractors performing
field work in the Xcel Energy nuclear
fleet, review the circumstances and
lessons learned from the events that
gave rise to the Confirmatory Order.
6. Within 360 calendar days of the
issuance date of the Confirmatory Order,
the licensee shall assess and document
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the effectiveness of improvements in
oversight of supplemental workers (e.g.,
contractors) in the Xcel Energy nuclear
fleet, including the actions taken in item
5.
7. Within 540 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall develop and make a
presentation based on the facts and
lessons learned from the events that
gave rise to the Confirmatory Order,
with emphasis on corrective actions
taken as a result. Xcel Energy agrees to
make this presentation at an appropriate
industry forum such that industry
personnel across the entirety of the
United States would have the
opportunity to receive the material. Xcel
Energy shall inform the Director, DNMS,
Region III, of where the presentation
will be made, and make the presentation
materials available to the NRC for
review at least 30 calendar days in
advance of the presentation.
8. Within 360 calendar days of the
issuance date of the Confirmatory Order,
Xcel Energy shall submit an article to an
industry publication, such as UxC Spent
Fuel, describing the circumstances of
the violation, the root and contributing
causes, and the corrective actions. The
licensee shall provide a draft to the
Director, DNMS, Region III, at least 30
calendar days in advance of the
submittal.
9. Upon completion of all terms of the
Confirmatory Order, Xcel Energy shall
submit to the NRC a letter discussing its
basis for concluding that the Order has
been satisfied.
The Regional Administrator, Region
III, may, in writing, relax or rescind any
of the above conditions upon
demonstration by the Licensee of good
cause.
VI.
Any person adversely affected by this
Confirmatory Order, other than Xcel
Nuclear, 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, 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
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accordance with the NRC’s 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 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/esubmittals.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/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange (EIE), users will
be required to install a Web browser
plug-in from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
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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 through the EIE.
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
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’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, 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 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 Web site at https://www.nrc.gov/
site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8:00 a.m. and 8:00 p.m., ET,
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,
PO 00000
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1237
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
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. 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 than the licensee
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 final 30 days
after issuance of the Confirmatory Order
without further order or proceedings. If
an extension of timefor 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.
E:\FR\FM\11JAN1.SGM
11JAN1
1238
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Dated at Lisle, Illinois this 21st day of
December, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson
Regional Administrator.
filed in this docket for the protection of
information that it has filed under seal.
Id. at 1–2.
II. Notice of Filings
[FR Doc. 2016–322 Filed 1–8–16; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2015–75; Order No. 2979]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning a
modification to a Global Expedited
Package Services 3 negotiated service
agreement. This notice informs the
public of the filing, invites public
comment, and takes other
administrative steps.
DATES: Comments are due: January 12,
2016.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
It is ordered:
1. The Commission reopens Docket
No. CP2015–75 for consideration of
matters raised by the Postal Service’s
Notice.
2. Pursuant to 39 U.S.C. 505, the
Commission appoints Kenneth R.
Moeller to serve as an officer of the
Commission (Public Representative) to
represent the interests of the general
public in this proceeding.
3. Comments are due no later than
January 12, 2016.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Stacy L. Ruble,
Secretary.
BILLING CODE 7710–FW–P
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs
SECURITIES AND EXCHANGE
COMMISSION
I. Introduction
On January 4, 2016, the Postal Service
filed notice that it has agreed to a
modification to the existing Global
Expedited Package Services 3 negotiated
service agreement approved in this
docket.1 In support of its Notice, the
Postal Service includes a redacted copy
of the modification and a certification of
compliance with 39 U.S.C. 3633(a), as
required by 39 CFR 3015.5.
The Postal Service asserts that the
modification revises a few articles and
replaces Annex 1 to the agreement. Id.
at 1. The Postal Service also seeks to
incorporate by reference the Application
for Non-Public Treatment originally
1 Notice of the United States Postal Service of
Filing Modification to Global Expedited Package
Services 3 Negotiated Service Agreement, January 4,
2016 (Notice).
18:17 Jan 08, 2016
III. Ordering Paragraphs
[FR Doc. 2016–243 Filed 1–8–16; 8:45 am]
Table of Contents
VerDate Sep<11>2014
The Commission invites comments on
whether the changes presented in the
Postal Service’s Notice are consistent
with the policies of 39 U.S.C. 3632,
3633, or 3642, 39 CFR 3015.5, and 39
CFR part 3020, subpart B. Comments are
due no later than January 12, 2016. The
public portions of these filings can be
accessed via the Commission’s Web site
(https://www.prc.gov).
The Commission appoints Kenneth R.
Moeller to represent the interests of the
general public (Public Representative)
in this docket.
Jkt 238001
[Release No. 34–76829; File No. SR–BX–
2015–086]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
Retail Price Improvement Program
January 5, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
22, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00076
Fmt 4703
Sfmt 4703
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
BX is proposing change to amend BX
Rule 4780, which governs the
Exchange’s Retail Price Improvement
Program (‘‘Retail Program’’), to
distinguish between retail orders routed
on behalf of other broker-dealers and
retail orders that are routed on behalf of
introduced retail accounts that are
carried on a fully disclosed basis, as
further described below.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxbx.cchwallstreet.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend BX
Rule 4780, which governs the
Exchange’s Retail Program,3 to
distinguish between orders routed on
behalf of other broker-dealers and orders
routed on behalf of introduced retail
accounts that are carried on a fully
disclosed basis, as further described
below.
The Exchange established the Retail
Program in an attempt to attract retail
order flow to the Exchange, primarily by
offering pricing incentives. Under the
Retail Program, Retail Member
3 The Exchange adopted the Retail Program as BX
Rule 4780 in 2014. See Securities Exchange Act
Release No. 73702 (November 28, 2014), 79 FR
72049 (December 4, 2014) (SR–BX–2014–048).
E:\FR\FM\11JAN1.SGM
11JAN1
Agencies
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1234-1238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-322]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-14-193; NRC-2015-0289]
In the Matter of Northern States Power Company, Minnesota
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and Northern
States Power Company, Minnesota, doing business as Xcel Energy, 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 (CO) related to Xcel Energy. The purpose of the CO
is to ensure that the licensee restores compliance with NRC
regulations.
DATES: Effective Date: January 20, 2016
ADDRESSES: Please refer to Docket ID NRC-2015-0289 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this action using
any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0289. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, 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 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: Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle, Illinois, 60532; telephone: 630-
810-4376, email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois this 21st day of December, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment--CONFIRMATORY ORDER MODIFYING LICENSE
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of
Docket Nos. 50-263; 72-058
Northern States Power Company, Minnesota License No. DPR-22
(Doing business as Xcel Energy) EA-14-193
Monticello Nuclear Generating Plant
CONFIRMATORY ORDER MODIFYING LICENSE
I.
Northern States Power Company, Minnesota, doing business as Xcel
Energy, (Licensee) is the holder of Reactor Operating License No. DPR-
22 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission)
pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part
50 on September 8, 1970, and renewed on November 8, 2006. The license
authorizes the operation of the Monticello Nuclear Generating Plant
(Monticello) in accordance with conditions specified therein. The
facility is located on the Licensee's site in Monticello, Minnesota.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on October 15, 2015.
II.
On December 18, 2013, the NRC Office of Investigations (OI), Region
III Field Office initiated an investigation (OI Case No. 3-2014-004) to
determine whether two contractor technicians at the Monticello Nuclear
Generating Plant deliberately failed to perform nondestructive
examinations (NDEs) on the Dry Shielded Canisters (DSCs) in accordance
with procedural requirements, and to determine whether they falsified
records when recording the NDE results. The results of the
investigation, completed on November 13, 2014, were sent to Xcel Energy
in a letter dated July 23, 2015 (ML15203B187). Based on the review of
the OI investigation report the NRC determined that both contractor
technicians willfully violated 10 CFR 72.158, ``Control of special
processes,'' and 10 CFR 72.11, ``Completeness and accuracy of
information.'' In addition, the NRC determined the licensee violated
Title 10 CFR 72.154(c),
[[Page 1235]]
``Control of purchased material, equipment, and services.''
Specifically, on October 17, 2013, an NRC inspector observed, by
video display, the NDE liquid penetrant testing (PT) of the outer top
cover plate weld for DSCs being conducted by a contractor technician.
The inspector believed that the technician failed to comply with
procedural requirements in conducting the PT. The inspector reviewed
the procedure, confirmed that the PT was not being performed in
accordance with the procedure, and notified Monticello management.
Monticello management and the NDE contractor management reviewed the
video, and concluded the PT was not performed properly. Upon further
review, the NRC inspector determined that two contractor NDE
technicians were involved in performing the PT examinations. These
individuals were involved with examining a total of 66 welds on six
DSCs.
Based on the evidence gathered in the OI investigation, the NRC
determined that the two NDE contractors deliberately violated NRC
requirements by failing to perform NDE PT of DSCs, a special process,
in accordance with procedures by not allowing the developer to dwell
for the period of time specified in procedure 12751 QP-9.202, Rev. 1,
``Color Contrast Liquid Penetrant Examination using the Solvent-
Removable Method.'' Their actions caused the licensee to be in
violation of Certificate of Compliance 1004, Amendment 10, Technical
Specification 1.2.5, ``DSC Dye Penetrant Tests of Closure Welds,''
which was implemented by the procedure, and 10 CFR 72.158, as NDE
testing, a special process, was not accomplished in accordance with the
applicable standards and requirements.
The NRC further determined that the two contractors willfully
violated NRC requirements by recording false information concerning
developer dwell times on the PT examination report for each NDE. This
caused the licensee to be in violation of 10 CFR 72.11(a), which
requires information required to be maintained by the licensee to be
complete and accurate in all material respects.
The NRC also determined the licensee failed to assess the
effectiveness of the controls of quality by the contractors.
Specifically, the licensee did not adequately monitor the work of the
contractors performing PT testing on DSCs No. 11 through 16. This
caused the licensee to be in violation of 10 CFR 72.154(c), ``Control
of purchased material, equipment, and services,'' which required, in
part, that licensees assess the effectiveness of the control of quality
by contractors and subcontractors at intervals consistent with the
importance, complexity, and quantity of the product or services.
In response to the NRC's offer, Xcel Energy requested use of the
NRC ADR process to resolve differences it had with the NRC. Alternative
Dispute Resolution 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. On October 15,
2015, Xcel Energy and the NRC met in an ADR session mediated by a
professional mediator, arranged through the Cornell University's
Institute on Conflict Resolution.
III.
During the ADR session, a preliminary settlement agreement was
reached. This Confirmatory Order is issued pursuant to the agreement
reached during the ADR process. The elements of the agreement, as
signed by both parties, consisted of the following:
1. The licensee shall restore compliance to 10 CFR part 72 to DSCs
11 through 16 within 5 years of the date the NRC takes final action
upon the September 29, 2015, exemption request pending for DSC 16
(ML15275A023), or the exemption request is withdrawn, whichever is
earlier.
2. Within 180 calendar days of the NRC's final action on the
docketed exemption request dated September 29, 2015 (ML15275A023), or
the date the exemption request is withdrawn, whichever is earlier, the
licensee shall submit a project plan to the Director, Division of
Nuclear Materials Safety (DNMS), Region III, for returning DSCs 11
through 16 to compliance to 10 CFR part 72.
3. Within 180 calendar days after submittal of the DSCs 11 through
16 project plan, Xcel Energy shall submit a letter to the Director,
DNMS, Region III, regarding progress under the plan, and any non-
editorial changes to the plan. A letter providing a progress update and
any non-editorial plan changes shall be provided every 360 calendar
days thereafter to the Director, DNMS, Region III, until the plan is
completed.
4. Within 90 calendar days of the issuance date of the Confirmatory
Order, Xcel Energy shall evaluate Monticello's dry fuel storage
procedures and ensure the procedures require direct licensee oversight
during the entire evolution of each dye penetrant test performed by
contractors on DSC closure welds.
5. Within 120 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall ensure and document that all
first line supervisors and above, who oversee contractors performing
field work in the Xcel Energy nuclear fleet, review the circumstances
and lessons learned from the events that gave rise to the Confirmatory
Order.
6. Within 360 calendar days of the issuance date of the
Confirmatory Order, the licensee shall assess and document the
effectiveness of improvements in oversight of supplemental workers
(e.g., contractors) in the Xcel Energy nuclear fleet, including the
actions taken in item 5.
7. Within 540 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall develop and make a presentation
based on the facts and lessons learned from the events that gave rise
to the Confirmatory Order, with emphasis on corrective actions taken as
a result. Xcel Energy agrees to make this presentation at an
appropriate industry forum such that industry personnel across the
entirety of the United States would have the opportunity to receive the
material. Xcel Energy shall inform the Director, DNMS, Region III, of
where the presentation will be made, and shall make the presentation
materials available to the NRC for review at least 30 calendar days in
advance of the presentation.
8. Within 360 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall submit an article to an industry
publication, such as UxC Spent Fuel, describing the circumstances of
the violation, the root and contributing causes, and the corrective
actions. The licensee shall provide a draft to the Director, DNMS,
Region III, at least 30 calendar days in advance of the submittal.
9. Upon completion of all terms of the Confirmatory Order, Xcel
Energy shall submit to the NRC a letter discussing its basis for
concluding that the Order has been satisfied.
In addition to the elements described above, Xcel Energy took the
following corrective actions:
1. Xcel Energy revised its nuclear fleet Nuclear Oversight
(``NOS'') and Supply Chain procedures to require the establishment of a
NOS Project Oversight Plan for any Safety-Related or Augmented Quality
fabrication or construction activities performed at the nuclear plant
sites under a supplier's Quality Assurance (QA) Program. The NOS
procedure for project oversight was also revised to address site
project implementation in addition to project component fabrication,
and associated project risks. Upfront planning of the level and type
NOS oversight is based on those risks.
[[Page 1236]]
2. Xcel Energy created a nuclear fleet procedure for oversight of
supplemental personnel (e.g., contractors) based upon the Institute of
Nuclear Power Operations (INPO) AP-930 ``Supplemental Personnel Process
Description,'' which includes a requirement that each incoming contract
worker have a face-to-face review of station standards, expectations,
and requirements with the Maintenance Manager or designee. This
includes current and all future contract personnel including contract
quality control (QC) inspectors.
3. Xcel Energy issued a rapid operational experience notice for
this event, which prompted a review of the event by Prairie Island
Nuclear Generating Plant staff and shared the event with the nuclear
industry through a process called the INPO Consolidated Event System
(ICES).
4. Xcel Energy reviewed its General Access Training to ensure it
addresses the consequences of willful violations.
In exchange for the commitments and corrective actions taken by the
licensee, the NRC agrees to the following conditions:
1. The NRC will consider the Confirmatory Order as an escalated
enforcement action for a period of one year from its issuance date.
2. The NRC will refrain from issuing a Notice of Violation and a
proposed imposition of a civil penalty.
This agreement is binding upon the successors and assigns of Xcel
Energy.
On December 10, 2015, Xcel Energy consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Xcel Energy further agreed that this Confirmatory Order is to be
effective 30 calendar days after issuance of the Confirmatory Order and
that it has waived its right to a hearing.
IV.
Since the licensee agreed to take additional actions to address NRC
concerns, as set forth in Section III above, the NRC concluded that its
concerns can be resolved through issuance of this Confirmatory Order.
I find that Xcel Energy'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
Xcel Energy's commitments be confirmed by this Confirmatory Order.
Based on the above and Xcel Energy's consent, this Confirmatory Order
is effective 30 calendar days after issuance of the Confirmatory Order.
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, 10 CFR part 50 and 10 CFR part 72, IT IS
HEREBY ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT
MONTICELLO NUCLEAR GENERATING PLANT AND OTHER NUCLEAR PLANTS IN XCEL
ENERGY'S FLEET WHERE INDICATED AND THAT LICENSE NO. DPR-22 IS MODIFIED
AS FOLLOWS WITH RESPECT TO THE ACTIONS TO BE TAKEN AT THE MONTICELLO
NUCLEAR GENERATING PLANT:
1. The licensee shall restore compliance to 10 CFR part 72 to DSCs
11 through 16 within 5 years of the date the NRC takes final action
upon the September 29, 2015, exemption request pending for DSC 16
(ML15275A023), or the exemption request is withdrawn, whichever is
earlier.
2. Within 180 calendar days of the NRC's final action on the
docketed exemption request dated September 29, 2015 (ML15275A023), or
the date the exemption request is withdrawn, whichever is earlier, the
licensee shall submit a project plan to the Director, Division of
Nuclear Materials Safety, Region III, for returning DSCs 11 through 16
to compliance to 10 CFR part 72.
3. Within 180 days after submittal of the DSCs 11 through 16
project plan, Xcel Energy shall submit a letter to the Director, DNMS,
Region III, regarding progress under the plan, and any non-editorial
changes to the plan. A letter providing a progress update and any non-
editorial plan changes shall be provided every 360 calendar days
thereafter to the Director, DNMS, Region III, until the plan is
completed.
4. Within 90 calendar days of the issuance date of the Confirmatory
Order, Xcel Energy shall evaluate Monticello's dry fuel storage
procedures and ensure the procedures require direct licensee oversight
during the entire evolution of each dye penetrant test performed by
contractors on DSC closure welds.
5. Within 120 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall ensure and document that all
first line supervisors and above, who oversee contractors performing
field work in the Xcel Energy nuclear fleet, review the circumstances
and lessons learned from the events that gave rise to the Confirmatory
Order.
6. Within 360 calendar days of the issuance date of the
Confirmatory Order, the licensee shall assess and document the
effectiveness of improvements in oversight of supplemental workers
(e.g., contractors) in the Xcel Energy nuclear fleet, including the
actions taken in item 5.
7. Within 540 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall develop and make a presentation
based on the facts and lessons learned from the events that gave rise
to the Confirmatory Order, with emphasis on corrective actions taken as
a result. Xcel Energy agrees to make this presentation at an
appropriate industry forum such that industry personnel across the
entirety of the United States would have the opportunity to receive the
material. Xcel Energy shall inform the Director, DNMS, Region III, of
where the presentation will be made, and make the presentation
materials available to the NRC for review at least 30 calendar days in
advance of the presentation.
8. Within 360 calendar days of the issuance date of the
Confirmatory Order, Xcel Energy shall submit an article to an industry
publication, such as UxC Spent Fuel, describing the circumstances of
the violation, the root and contributing causes, and the corrective
actions. The licensee shall provide a draft to the Director, DNMS,
Region III, at least 30 calendar days in advance of the submittal.
9. Upon completion of all terms of the Confirmatory Order, Xcel
Energy shall submit to the NRC a letter discussing its basis for
concluding that the Order has been satisfied.
The Regional Administrator, Region III, may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
VI.
Any person adversely affected by this Confirmatory Order, other
than Xcel Nuclear, 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, 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
[[Page 1237]]
accordance with the NRC's 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
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.html. System requirements for accessing the E-Submittal
server are detailed in NRC's ``Guidance for Electronic Submission,''
which is available on the agency's public Web site at https://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to
use other software not listed on the Web site, but should note that the
NRC's E-Filing system does not support unlisted software, and the NRC
Meta System Help Desk will not be able to offer assistance in using
unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange (EIE),
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene through the EIE. 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 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'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,
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 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 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 8:00 a.m. and 8:00 p.m.,
ET, 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 the
NRC's electronic hearing docket, which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, 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 than the licensee 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 final 30 days after issuance of
the Confirmatory Order without further order or proceedings. If an
extension of timefor 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.
[[Page 1238]]
Dated at Lisle, Illinois this 21st day of December, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson
Regional Administrator.
[FR Doc. 2016-322 Filed 1-8-16; 8:45 am]
BILLING CODE 7590-01-P