In the Matter of Kyle Lynn Dickerson, 49691-49695 [2016-17920]
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Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
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emergency air storage tanks. The
proposed changes to the Main Control
Room Emergency Habitability System
(VES) revises Tier 1 and corresponding
information in COL Appendix C, Figure
2.2.5–1. It also revises Tier 2
information in the Updated Final Safety
Analysis Report.
Part of the justification for granting
the exemption was provided by the
review of the amendment. Because the
exemption is necessary in order to issue
the requested license amendment, the
NRC granted the exemption and issued
the amendment concurrently, rather
than in sequence. This included issuing
a combined safety evaluation containing
the NRC staff’s review of both the
exemption request and the license
amendment. The exemption met all
applicable regulatory criteria set forth in
10 CFR 50.12, 10 CFR 52.7, and Section
VIII.A.4 of Appendix D to 10 CFR part
52. The license amendment was found
to be acceptable as well. The combined
safety evaluation is available in ADAMS
under Accession No. ML16095A202.
Identical exemption documents
(except for referenced unit numbers and
license numbers) were issued to the
licensee for VCSNS Units 2 and 3 (COLs
NPF–93 and NPF–94). The exemption
documents for VCSNS Units 2 and 3 can
be found in ADAMS under Accession
Nos. ML16095A141 and ML16095A144,
respectively. The exemption is
reproduced (with the exception of
abbreviated titles and additional
citations) in Section II of this document.
The amendment documents for COLs
NPF–93 and NPF–94 are available in
ADAMS under Accession Nos.
ML16095A132 and ML16095A137,
respectively. A summary of the
amendment documents is provided in
Section III of this document.
II. Exemption
Following is the exemption document
issued to VCSNS Units 2 and Unit 3. It
makes reference to the combined safety
evaluation that provides the reasoning
for the findings made by the NRC (and
listed under Item 1) in order to grant the
exemption:
1. In a letter dated June 30, 2015, the
licensee requested from the Commission
an exemption from the provisions of 10
CFR part 52, appendix D, section III.B,
as part of license amendment request
15–03, ‘‘Main Control Room Emergency
Habitability System (VES) Design
Changes (LAR 15–03).’’
For the reasons set forth in Section
3.1, ‘‘Evaluation of Exemption,’’ of the
NRC staff’s Safety Evaluation, which
can be found in ADAMS under
Accession No. ML16095A202, the
Commission finds that:
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A. The exemption is authorized by
law;
B. the exemption presents no undue
risk to public health and safety;
C. the exemption is consistent with
the common defense and security;
D. special circumstances are present
in that the application of the rule in this
circumstance is not necessary to serve
the underlying purpose of the rule;
E. the special circumstances outweigh
any decrease in safety that may result
from the reduction in standardization
caused by the exemption; and
F. the exemption will not result in a
significant decrease in the level of safety
otherwise provided by the design.
2. Accordingly, the licensee is granted
an exemption from the certified DCD
Tier 1, as described in the licensee’s
request dated June 30, 2015. This
exemption is related to, and necessary
for the granting of License Amendment
No. 49, which is being issued
concurrently with this exemption.
3. As explained in Section 5.0,
‘‘Environmental Consideration,’’ of the
NRC staff’s Safety Evaluation (ADAMS
Accession No. ML16095A202), this
exemption meets the eligibility criteria
for categorical exclusion set forth in 10
CFR 51.22(c)(9). Therefore, pursuant to
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment needs to be prepared in
connection with the issuance of the
exemption.
4. This exemption is effective as of the
date of its issuance.
III. License Amendment Request
By letter dated June 30, 2015, the
licensee requested that the NRC amend
the COLs for VCSNS, Units 2 and 3,
COLs NPF–93 and NPF–94. The
proposed amendment is described in
Section I of this Federal Register Notice.
The Commission has determined for
these amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
A notice of consideration of issuance
of amendment to facility operating
license or combined license, as
applicable, proposed no significant
hazards consideration determination,
and opportunity for a hearing in
connection with these actions, was
published in the Federal Register on
October 15, 2015 (80 FR 61476). No
comments were received during the 30day comment period.
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49691
The Commission has determined that
these amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments.
IV. Conclusion
Using the reasons set forth in the
combined safety evaluation, the staff
granted the exemption and issued the
amendment that the licensee requested
on June 30, 2015. The exemption and
amendment were issued on June 2,
2016, as part of a combined package to
the licensee (ADAMS Accession No.
ML16095A115).
Dated at Rockville, Maryland, this 18th day
of July 2016.
For the Nuclear Regulatory Commission.
Jennifer Dixon-Herrity,
Acting Chief, Licensing Branch 4, Division
of New Reactor Licensing, Office of New
Reactors.
[FR Doc. 2016–17918 Filed 7–27–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–16–026; NRC–2016–0150]
In the Matter of Kyle Lynn Dickerson
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
confirmatory order to Kyle Lynn
Dickerson confirming agreements
reached in an Alternative Dispute
Resolution mediation session held on
June 3, 2016. As part of the agreement,
Mr. Dickerson has completed and will
complete future agreed upon actions
within 18 months of the issuance date
of the confirmatory order.
DATES: The confirmatory order was
issued on July 11, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0150 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–2016–0150. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about the Order, contact the
individual listed in the FOR FURTHER
SUMMARY:
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Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
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 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: John
Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 817–200–1121;
email: John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
INFORMATION CONTACT
Dated at Arlington, Texas, this 11th day of
July 2016.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of Kyle Lynn Dickerson
IA–16–026
Confirmatory Order
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I.
Mr. Kyle Lynn Dickerson is a
radiographer employed by Acuren USA
in Kenai, Alaska. Acuren USA is the
holder of license 50–32443–01 issued by
the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR part 30) on
December 17, 2012.
This Confirmatory Order is the result
of an agreement reached between Mr.
Dickerson and the NRC during an
alternative dispute resolution (ADR)
mediation session conducted on June 3,
2016.
II.
On August 21, 2014, the NRC’s Office
of Investigations, Region IV Field Office,
initiated an investigation to determine if
radiographers assigned to the Acuren
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USA facility in Kenai, Alaska, willfully
conducted radiographic operations
without maintaining direct visual
surveillance of the operation and
without the proper postings. The
investigation was completed on August
17, 2015, and was documented in NRC
Investigation Report 4–2014–043.
Based on the evidence developed
during the investigation, the NRC has
concluded that a violation of 10 CFR
30.10(a)(1) occurred. Specifically, on
April 10, 2014, Mr. Dickerson caused
Acuren USA to be in violation of 10
CFR 34.51 and 10 CFR 34.53 by
performing industrial radiographic
operations without conspicuously
posting the area with radiation area and
high radiation area signs, and without
maintaining continuous direct visual
surveillance of the operation to protect
against unauthorized entry into a high
radiation area.
In a letter dated March 24, 2016
(ML16085A082), the NRC notified Mr.
Dickerson of the results of the
investigation, informed Mr. Dickerson
that escalated enforcement action was
being considered for an apparent
violation, and provided Mr. Dickerson
the opportunity to attend a
predecisional enforcement conference
or to participate in an ADR mediation
session in an effort to resolve the
concern. In response to the NRC’s offer,
Mr. Dickerson requested the use of the
NRC’s ADR process to resolve
differences Mr. Dickerson had with the
NRC. On June 3, 2016, the NRC and Mr.
Dickerson met in an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Institute on Conflict Resolution.
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. This
Confirmatory Order is issued pursuant
to the agreement reached during the
ADR process.
III.
During the ADR session, Mr.
Dickerson and the NRC reached a
preliminary settlement agreement. The
elements of the agreement recognized
corrective actions that Mr. Dickerson
already completed as described below
and included future agreed upon actions
as follows:
Corrective actions taken by Mr.
Dickerson included:
A. Repeated annual refresher training,
which included the following topics:
1. Changes to Acuren USA Operating
and Emergency Manual.
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2. Changes to Federal and State
regulations.
3. Department of Transportation
requirements and regulation changes.
4. Security Awareness and Emergency
Planning.
5. Increased controls and 10 CFR part
37.
6. Violation and incident review.
7. Notification procedures.
8. Radiation surveys and
documentation.
9. Equipment maintenance and
documentation.
10. As Low As Reasonably Achievable
(ALARA) commitment.
B. Successfully completed annual
refresher training test for items
described in Section A.
C. Completed training and review of
the following regulatory documents:
1. 10 CFR parts 19, 20, 21, 30, 34, 37,
and 71.
2. New NRC license issued December
17, 2012.
3. ROEM–2011, Revision 1
(Radiographic Operation Emergency
Manual).
4. NRC Form 3 (Notice to Employees).
5. Alaska Department of Health and
Social Services (DHSS), Radiation
Protection.
6. Blank daily radiation reports.
7. Blank Trustworthiness and
Reliability (T&R) escort log.
8. Blank exposure device utilization
sign out sheet.
9. Shipper’s declaration of dangerous
goods.
D. Completed Radiographic Personnel
Training, which included an
examination and follow-up practical
demonstrations of the following:
1. Use of an exposure device.
2. Use of personnel monitoring
equipment.
3. Use of radiographic survey meters.
4. Performance of daily visual
inspections.
5. Demonstration of leak test
procedures.
6. Instructions of field audit
examinations.
E. Successfully completed training
and examination of:
1. ‘‘Golden Rules’’ of radiography.
2. ‘‘Buddy Check’’ systems.
3. Barrier controls.
F. Completed U.S. Department of
Transportation, Hazmat, Emergency
Planning, and Security Awareness
Training.
G. Subjected to and passed additional
Acuren USA field audits.
The elements of the agreement, as
signed by both parties, consist of the
following:
A. The NRC and Mr. Dickerson agreed
that on April 10, 2014, Mr. Dickerson
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caused Acuren USA to be in violation
of 10 CFR 34.51 and 10 CFR 34.53 by
performing industrial radiographic
operations without conspicuously
posting the area with radiation and high
radiation area signs and without
maintaining continuous direct visual
surveillance of the operation to protect
against unauthorized entry into a high
radiation area. However, the NRC and
Mr. Dickerson disagree on the deliberate
characterization of the violation. More
specifically:
1. It is the NRC’s view that the
preponderance of the evidence supports
the proposition that Mr. Dickerson
deliberately performed industrial
radiographic operations without
conspicuously posting the area with
radiation and high radiation area signs
and without maintaining continuous
direct visual surveillance of the
operation to protect against
unauthorized entry into a high radiation
area.
2. However, Mr. Dickerson disagrees
with the deliberate characterization of
the violation.
B. Within 12 months of the issuance
date of the Confirmatory Order, if
supported by Mr. Dickerson’s employer
(currently Acuren USA), Mr. Dickerson
will provide training to Acuren USA
radiographers and radiographer’s
assistants.
1. Within 30 days before providing
the training, Mr. Dickerson will submit
the training agenda, materials, or
content to the Director, Division of
Nuclear Materials Safety (DNMS),
Region IV.
2. The training (e.g., peer-to-peer,
teleconference, etc.) will convey
personal lessons learned from the
associated issue.
C. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Dickerson will meet with and observe
(i.e., ‘‘shadow’’) a radiation safety officer
as the radiation safety officer performs
observations of the performance of
radiography crews as described in
Section 34.43(e)(1) of 10 CFR part 34.
1. Mr. Dickerson will perform the
field observations of at least four
radiographic operations.
2. The observations will be
conducted, to the extent possible,
without the crew’s knowledge.
3. The observations will be conducted
at temporary job sites (i.e., ‘‘in the
field’’).
4. Mr. Dickerson will notify the
Director, DNMS, Region IV, prior to the
observations. This notification will be
made by telephone at 817–200–1106 or
email.
5. Within 1 month of the completion
of each observation, Mr. Dickerson will
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provide written documentation to the
NRC of the date that the observation
occurred and the details of the
observation (compliances and
noncompliances observed, etc.). The
information will be sent to the Director,
DNMS, 1600 East Lamar Blvd.,
Arlington, Texas 76011–4511.
D. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Dickerson will submit an article to an
industry publication or to a certifying
entity (as defined in 10 CFR 34.3) for
publication.
1. The article will convey personal
lessons learned from the associated
issue and may be co-written with the
other radiographer involved with this
case.
2. Mr. Dickerson will provide the
article to the Director, DNMS, Region
IV, 30 days prior to the submission of
the article.
3. Mr. Dickerson will provide to the
Director, DNMS, Region IV,
demonstration of at least two attempts
to publish the article, if publication of
the article was not possible.
E. Administrative items.
1. The NRC and Mr. Dickerson agree
that the above elements will be
incorporated into a Confirmatory Order.
2. The NRC will consider the order an
escalated enforcement action with
respect to any future enforcement
actions.
3. In consideration of the
commitments delineated above, the
NRC will refrain from issuing a Notice
of Violation to Mr. Dickerson for the
violation discussed in NRC
Investigation Report 4–2014–043 and
NRC Inspection Report 030–38596/
2014–001 dated March 24, 2016 (IA–16–
026).
On July 8, 2016, Mr. Dickerson
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. Mr.
Dickerson further agreed that this
Confirmatory Order will be effective
upon issuance, the agreement
memorialized in this Confirmatory
Order settles the matter between the
parties, and that Mr. Dickerson has
waived his right to a hearing.
IV.
I find that Mr. Dickerson’s
commitments as set forth in Section V
are acceptable and necessary, and
conclude that with these commitments
the public health and safety are
reasonably assured. In view of the
foregoing, I have determined that public
health and safety require that Mr.
Dickerson’s commitments be confirmed
by this Confirmatory Order. Based on
the above and Mr. Dickerson’s consent,
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49693
this Confirmatory Order is effective
upon issuance.
V.
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 182, and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202 and 10 CFR part 30, IT IS
HEREBY ORDERED, THAT:
A. Within 12 months of the issuance
date of the Confirmatory Order, if
supported by Mr. Dickerson’s employer
(currently Acuren USA), Mr. Dickerson
will provide training to Acuren USA
radiographers and radiographer’s
assistants.
1. Within 30 days before providing
the training, Mr. Dickerson will submit
the training agenda, materials, or
content to the Director, DNMS, Region
IV.
2. The training (e.g., peer-to-peer,
teleconference, etc.) will convey
personal lessons learned from the
associated issue.
B. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Dickerson will meet with and observe
(i.e., ‘‘shadow’’) a radiation safety officer
as the radiation safety officer performs
observations of the performance of
radiography crews as described in
Section 34.43(e)(1) of 10 CFR part 34.
1. Mr. Dickerson will perform the
field observations of at least four
radiographic operations.
2. The observations will be
conducted, to the extent possible,
without the crew’s knowledge.
3. The observations will be conducted
at temporary job sites (i.e., ‘‘in the
field’’).
4. Mr. Dickerson will notify the
Director, DNMS, Region IV, prior to the
observations. This notification will be
made by telephone at 817–200–1106 or
email.
5. Within 1 month of the completion
of each observation, Mr. Dickerson will
provide written documentation to the
NRC of the date that the observation
occurred and the details of the
observation (compliances and
noncompliances observed, etc.). The
information will be sent to the Director,
Division of Nuclear Materials Safety,
1600 East Lamar Blvd., Arlington, Texas
76011–4511.
C. Within 18 months of the issuance
date of the Confirmatory Order, Mr.
Dickerson will submit an article to an
industry publication or to a certifying
entity (as defined in 10 CFR 34.3) for
publication.
1. The article will convey personal
lessons learned from the associated
issue and may be co-written with the
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other radiographer involved with this
case.
2. Mr. Dickerson will provide the
article to the Director, DNMS, Region
IV, 30 days prior to the submission of
the article.
3. Mr. Dickerson will provide to the
Director, DNMS, Region IV,
demonstration of at least two attempts
to publish the article, if publication of
the article was not possible within the
18 month period.
The Regional Administrator, Region
IV, may, in writing, relax or rescind any
of the above conditions upon
demonstration by Mr. Dickerson of good
cause.
VI.
In accordance with 10 CFR 2.202 and
10 CFR 2.309, any person adversely
affected by this Confirmatory Order,
other than Mr. Dickerson, 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
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 identification (ID) certificate,
which allows the participant (or its
counsel or representative) to digitally
sign documents and access the ESubmittal server for any proceeding in
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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. In order to serve
documents through the Electronic
Information Exchange System (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/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 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 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
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General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC 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
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
E:\FR\FM\28JYN1.SGM
28JYN1
Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
If a person other than Mr. Dickerson
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Confirmatory Order and shall
address the criteria set forth in 10 CFR
2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 30 days
from the date of issuance 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.
For the Nuclear Regulatory Commission.
Dated this 11th day of July 2016.
Kriss M. Kennedy,
Regional Administrator, Region IV.
[FR Doc. 2016–17920 Filed 7–27–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–16–025; NRC–2016–0149]
In the Matter of Troy A. Morehead
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
confirmatory order to Troy A. Morehead
confirming agreements reached in an
Alternative Dispute Resolution
mediation session held on June 3, 2016.
As part of the agreement, Mr. Morehead
has completed and will complete future
Lhorne on DSK30JT082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:44 Jul 27, 2016
Jkt 238001
agreed upon actions within 18 months
of the issuance date of the confirmatory
order.
DATES: The confirmatory order was
issued on July 11, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0149 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–2016–0149. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about the 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 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: John
Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 817–200–
1121; email: John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Arlington, Texas, this 11th day of
July 2016.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
United States of America
Nuclear Regulatory Commission
In the Matter of Troy Allen Morehead IA–
16–025 Confirmatory Order
I.
Mr. Troy Allen Morehead is a
radiographer employed by Acuren USA
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
49695
in Kenai, Alaska. Acuren USA is the
holder of license 50–32443–01 issued by
the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to title 10 of the Code of
Federal Regulations (10 CFR) part 30 on
December 17, 2012.
This Confirmatory Order is the result
of an agreement reached between Mr.
Morehead and the NRC during an
alternative dispute resolution (ADR)
mediation session conducted on June 3,
2016.
II.
On August 21, 2014, the NRC’s Office
of Investigations, Region IV Field Office,
initiated an investigation to determine if
radiographers assigned to the Acuren
USA facility in Kenai, Alaska, willfully
conducted radiographic operations
without maintaining direct visual
surveillance of the operation and
without the proper postings. The
investigation was completed on August
17, 2015, and was documented in NRC
Investigation Report 4–2014–043.
Based on the evidence developed
during the investigation, the NRC has
concluded that a violation of 10 CFR
30.10(a)(1) occurred. Specifically, on
April 10, 2014, Mr. Morehead caused
Acuren USA to be in violation of 10
CFR 34.51 and 10 CFR 34.53 by
performing industrial radiographic
operations without conspicuously
posting the area with radiation area and
high radiation area signs, and without
maintaining continuous direct visual
surveillance of the operation to protect
against unauthorized entry into a high
radiation area.
In a letter dated March 24, 2016
(ADAMS Accession No. ML16085A088),
the NRC notified Mr. Morehead of the
results of the investigation, informed
Mr. Morehead that escalated
enforcement action was being
considered for an apparent violation,
and provided Mr. Morehead the
opportunity to attend a predecisional
enforcement conference or to participate
in an ADR mediation session in an effort
to resolve the concern. In response to
the NRC’s offer, Mr. Morehead
requested the use of the NRC’s ADR
process to resolve differences Mr.
Morehead had with the NRC. On June
3, 2016, the NRC and Mr. Morehead met
in an ADR session mediated by a
professional mediator, arranged through
Cornell University’s Institute on
Conflict Resolution. 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. This
Confirmatory Order is issued pursuant
E:\FR\FM\28JYN1.SGM
28JYN1
]]>Agencies
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49691-49695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17920]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA-16-026; NRC-2016-0150]
In the Matter of Kyle Lynn Dickerson
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order to Kyle Lynn Dickerson confirming agreements reached
in an Alternative Dispute Resolution mediation session held on June 3,
2016. As part of the agreement, Mr. Dickerson has completed and will
complete future agreed upon actions within 18 months of the issuance
date of the confirmatory order.
DATES: The confirmatory order was issued on July 11, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0150 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-2016-0150. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about the Order,
contact the individual listed in the FOR FURTHER
[[Page 49692]]
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 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: John Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington DC 20555-0001; telephone: 817-200-
1121; email: John.Kramer@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Arlington, Texas, this 11th day of July 2016.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of Kyle Lynn Dickerson IA-16-026
Confirmatory Order
I.
Mr. Kyle Lynn Dickerson is a radiographer employed by Acuren USA in
Kenai, Alaska. Acuren USA is the holder of license 50-32443-01 issued
by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant
to Title 10 of the Code of Federal Regulations (10 CFR part 30) on
December 17, 2012.
This Confirmatory Order is the result of an agreement reached
between Mr. Dickerson and the NRC during an alternative dispute
resolution (ADR) mediation session conducted on June 3, 2016.
II.
On August 21, 2014, the NRC's Office of Investigations, Region IV
Field Office, initiated an investigation to determine if radiographers
assigned to the Acuren USA facility in Kenai, Alaska, willfully
conducted radiographic operations without maintaining direct visual
surveillance of the operation and without the proper postings. The
investigation was completed on August 17, 2015, and was documented in
NRC Investigation Report 4-2014-043.
Based on the evidence developed during the investigation, the NRC
has concluded that a violation of 10 CFR 30.10(a)(1) occurred.
Specifically, on April 10, 2014, Mr. Dickerson caused Acuren USA to be
in violation of 10 CFR 34.51 and 10 CFR 34.53 by performing industrial
radiographic operations without conspicuously posting the area with
radiation area and high radiation area signs, and without maintaining
continuous direct visual surveillance of the operation to protect
against unauthorized entry into a high radiation area.
In a letter dated March 24, 2016 (ML16085A082), the NRC notified
Mr. Dickerson of the results of the investigation, informed Mr.
Dickerson that escalated enforcement action was being considered for an
apparent violation, and provided Mr. Dickerson the opportunity to
attend a predecisional enforcement conference or to participate in an
ADR mediation session in an effort to resolve the concern. In response
to the NRC's offer, Mr. Dickerson requested the use of the NRC's ADR
process to resolve differences Mr. Dickerson had with the NRC. On June
3, 2016, the NRC and Mr. Dickerson met in an ADR session mediated by a
professional mediator, arranged through Cornell University's Institute
on Conflict Resolution. 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. This Confirmatory Order is issued pursuant to
the agreement reached during the ADR process.
III.
During the ADR session, Mr. Dickerson and the NRC reached a
preliminary settlement agreement. The elements of the agreement
recognized corrective actions that Mr. Dickerson already completed as
described below and included future agreed upon actions as follows:
Corrective actions taken by Mr. Dickerson included:
A. Repeated annual refresher training, which included the following
topics:
1. Changes to Acuren USA Operating and Emergency Manual.
2. Changes to Federal and State regulations.
3. Department of Transportation requirements and regulation
changes.
4. Security Awareness and Emergency Planning.
5. Increased controls and 10 CFR part 37.
6. Violation and incident review.
7. Notification procedures.
8. Radiation surveys and documentation.
9. Equipment maintenance and documentation.
10. As Low As Reasonably Achievable (ALARA) commitment.
B. Successfully completed annual refresher training test for items
described in Section A.
C. Completed training and review of the following regulatory
documents:
1. 10 CFR parts 19, 20, 21, 30, 34, 37, and 71.
2. New NRC license issued December 17, 2012.
3. ROEM-2011, Revision 1 (Radiographic Operation Emergency Manual).
4. NRC Form 3 (Notice to Employees).
5. Alaska Department of Health and Social Services (DHSS),
Radiation Protection.
6. Blank daily radiation reports.
7. Blank Trustworthiness and Reliability (T&R) escort log.
8. Blank exposure device utilization sign out sheet.
9. Shipper's declaration of dangerous goods.
D. Completed Radiographic Personnel Training, which included an
examination and follow-up practical demonstrations of the following:
1. Use of an exposure device.
2. Use of personnel monitoring equipment.
3. Use of radiographic survey meters.
4. Performance of daily visual inspections.
5. Demonstration of leak test procedures.
6. Instructions of field audit examinations.
E. Successfully completed training and examination of:
1. ``Golden Rules'' of radiography.
2. ``Buddy Check'' systems.
3. Barrier controls.
F. Completed U.S. Department of Transportation, Hazmat, Emergency
Planning, and Security Awareness Training.
G. Subjected to and passed additional Acuren USA field audits.
The elements of the agreement, as signed by both parties, consist
of the following:
A. The NRC and Mr. Dickerson agreed that on April 10, 2014, Mr.
Dickerson
[[Page 49693]]
caused Acuren USA to be in violation of 10 CFR 34.51 and 10 CFR 34.53
by performing industrial radiographic operations without conspicuously
posting the area with radiation and high radiation area signs and
without maintaining continuous direct visual surveillance of the
operation to protect against unauthorized entry into a high radiation
area. However, the NRC and Mr. Dickerson disagree on the deliberate
characterization of the violation. More specifically:
1. It is the NRC's view that the preponderance of the evidence
supports the proposition that Mr. Dickerson deliberately performed
industrial radiographic operations without conspicuously posting the
area with radiation and high radiation area signs and without
maintaining continuous direct visual surveillance of the operation to
protect against unauthorized entry into a high radiation area.
2. However, Mr. Dickerson disagrees with the deliberate
characterization of the violation.
B. Within 12 months of the issuance date of the Confirmatory Order,
if supported by Mr. Dickerson's employer (currently Acuren USA), Mr.
Dickerson will provide training to Acuren USA radiographers and
radiographer's assistants.
1. Within 30 days before providing the training, Mr. Dickerson will
submit the training agenda, materials, or content to the Director,
Division of Nuclear Materials Safety (DNMS), Region IV.
2. The training (e.g., peer-to-peer, teleconference, etc.) will
convey personal lessons learned from the associated issue.
C. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Dickerson will meet with and observe (i.e., ``shadow'') a radiation
safety officer as the radiation safety officer performs observations of
the performance of radiography crews as described in Section
34.43(e)(1) of 10 CFR part 34.
1. Mr. Dickerson will perform the field observations of at least
four radiographic operations.
2. The observations will be conducted, to the extent possible,
without the crew's knowledge.
3. The observations will be conducted at temporary job sites (i.e.,
``in the field'').
4. Mr. Dickerson will notify the Director, DNMS, Region IV, prior
to the observations. This notification will be made by telephone at
817-200-1106 or email.
5. Within 1 month of the completion of each observation, Mr.
Dickerson will provide written documentation to the NRC of the date
that the observation occurred and the details of the observation
(compliances and noncompliances observed, etc.). The information will
be sent to the Director, DNMS, 1600 East Lamar Blvd., Arlington, Texas
76011-4511.
D. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Dickerson will submit an article to an industry publication or to a
certifying entity (as defined in 10 CFR 34.3) for publication.
1. The article will convey personal lessons learned from the
associated issue and may be co-written with the other radiographer
involved with this case.
2. Mr. Dickerson will provide the article to the Director, DNMS,
Region IV, 30 days prior to the submission of the article.
3. Mr. Dickerson will provide to the Director, DNMS, Region IV,
demonstration of at least two attempts to publish the article, if
publication of the article was not possible.
E. Administrative items.
1. The NRC and Mr. Dickerson agree that the above elements will be
incorporated into a Confirmatory Order.
2. The NRC will consider the order an escalated enforcement action
with respect to any future enforcement actions.
3. In consideration of the commitments delineated above, the NRC
will refrain from issuing a Notice of Violation to Mr. Dickerson for
the violation discussed in NRC Investigation Report 4-2014-043 and NRC
Inspection Report 030-38596/2014-001 dated March 24, 2016 (IA-16-026).
On July 8, 2016, Mr. Dickerson consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Mr. Dickerson further agreed that this Confirmatory Order will
be effective upon issuance, the agreement memorialized in this
Confirmatory Order settles the matter between the parties, and that Mr.
Dickerson has waived his right to a hearing.
IV.
I find that Mr. Dickerson's commitments as set forth in Section V
are acceptable and necessary, and conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
Mr. Dickerson's commitments be confirmed by this Confirmatory Order.
Based on the above and Mr. Dickerson's consent, this Confirmatory Order
is effective upon issuance.
V.
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 30, IT IS HEREBY ORDERED,
THAT:
A. Within 12 months of the issuance date of the Confirmatory Order,
if supported by Mr. Dickerson's employer (currently Acuren USA), Mr.
Dickerson will provide training to Acuren USA radiographers and
radiographer's assistants.
1. Within 30 days before providing the training, Mr. Dickerson will
submit the training agenda, materials, or content to the Director,
DNMS, Region IV.
2. The training (e.g., peer-to-peer, teleconference, etc.) will
convey personal lessons learned from the associated issue.
B. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Dickerson will meet with and observe (i.e., ``shadow'') a radiation
safety officer as the radiation safety officer performs observations of
the performance of radiography crews as described in Section
34.43(e)(1) of 10 CFR part 34.
1. Mr. Dickerson will perform the field observations of at least
four radiographic operations.
2. The observations will be conducted, to the extent possible,
without the crew's knowledge.
3. The observations will be conducted at temporary job sites (i.e.,
``in the field'').
4. Mr. Dickerson will notify the Director, DNMS, Region IV, prior
to the observations. This notification will be made by telephone at
817-200-1106 or email.
5. Within 1 month of the completion of each observation, Mr.
Dickerson will provide written documentation to the NRC of the date
that the observation occurred and the details of the observation
(compliances and noncompliances observed, etc.). The information will
be sent to the Director, Division of Nuclear Materials Safety, 1600
East Lamar Blvd., Arlington, Texas 76011-4511.
C. Within 18 months of the issuance date of the Confirmatory Order,
Mr. Dickerson will submit an article to an industry publication or to a
certifying entity (as defined in 10 CFR 34.3) for publication.
1. The article will convey personal lessons learned from the
associated issue and may be co-written with the
[[Page 49694]]
other radiographer involved with this case.
2. Mr. Dickerson will provide the article to the Director, DNMS,
Region IV, 30 days prior to the submission of the article.
3. Mr. Dickerson will provide to the Director, DNMS, Region IV,
demonstration of at least two attempts to publish the article, if
publication of the article was not possible within the 18 month period.
The Regional Administrator, Region IV, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Dickerson
of good cause.
VI.
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this Confirmatory Order, other than Mr.
Dickerson, 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
identification (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. In order to
serve documents through the Electronic Information Exchange System
(EIE), users will be required to install a Web browser plug-in from the
NRC Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC'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 agency'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
[[Page 49695]]
or the presiding officer. Participants are requested not to include
personal privacy information, such as social security numbers, home
addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If a person other than Mr. Dickerson requests a hearing, that
person shall set forth with particularity the manner in which his
interest is adversely affected by this Confirmatory Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 30 days from the date of
issuance 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.
For the Nuclear Regulatory Commission.
Dated this 11th day of July 2016.
Kriss M. Kennedy,
Regional Administrator, Region IV.
[FR Doc. 2016-17920 Filed 7-27-16; 8:45 am]
BILLING CODE 7590-01-P
