In the Matter of All Power Reactor Licensees Owned and Operated by First Energy Nuclear Operating Company; and First Energy Corp, 62769-62772 [2016-21839]
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
ways to minimize the burden of the
collection of the information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
sradovich on DSK3GMQ082PROD with NOTICES
II. Data
[FR Doc. 2016–21863 Filed 9–9–16; 8:45 am]
Title: Regulation B (‘‘Equal Credit
Opportunity Act,’’ 12 CFR part 1002);
Regulation E (‘‘Electronic Fund
Transfers,’’ 12 CFR part 1005);
Regulation M (‘‘Consumer Leasing,’’ 12
CFR part 1013); and Regulation CC
(‘‘Availability of Funds and Collection
of Checks,’’ 12 CFR part 229).
OMB Number: 3133–0103.
Type of Review: Reinstatement with
change of a previously approved
collection.
Description: The third party
disclosure and recordkeeping
requirements in this collection are
required by statute and regulation. The
regulations prescribe certain aspects of
the credit application and notification
process, making certain disclosures,
uniform methods for computing the
costs of credit, disclosing credit terms
and cost, resolving errors on certain
types of credit accounts, and timing
requirements and disclosures relating to
the availability of deposited funds.
Respondents: Federal credit unions
for Regulations B and M. Federal credit
unions and any credit union member
who chooses to exercise opt-in rights for
Regulation E. Federally-insured credit
unions for Regulation CC.
Estimated No. of Respondents:
Regulation B, 3,811 federal credit
unions. Regulation E, 2,938 federal
credit unions and 24,700,000 credit
union members who opt-in. Regulation
M, 35 federal credit unions. Regulation
CC, 4,957 federally-insured credit
unions.
Frequency of Response: Annually for
most credit unions. Once for credit
union members choosing to opt-in.
Estimated Burden Hours per
Response: Estimated burden hours per
response range from 0.01 to 20
depending upon the information
collection activity.
Estimated Total Annual Burden
Hours: Regulation B, 484,351.
Regulation E, 2,254,319. Regulation M,
2,625. Regulation CC, 504,610.
Reason for Change: The NCUA is
consolidating the disclosure and
recordkeeping requirement contained
under Regulations B, E, M, and CC
under a single information collection.
Information collection requirements
previously cleared under OMB control
numbers 3133–0104 and 3133–0105 will
be consolidated under 3133–0103.
VerDate Sep<11>2014
By Gerard Poliquin, Secretary of the Board,
the National Credit Union Administration, on
September 7, 2016.
Dated: September 7, 2016.
Dawn D. Wolfgang,
NCUA PRA Clearance Officer.
18:40 Sep 09, 2016
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BILLING CODE 7535–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
Sunshine Act: Notice of Agency
Meeting
10:00 a.m., Thursday,
September 15, 2016.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street (All visitors
must use Diagonal Road Entrance),
Alexandria, VA 22314–3428.
STATUS: Open.
MATTERS TO BE CONSIDERED: 1. Corporate
Stabilization Fund Quarterly Report.
2. Board Briefing, Cyber Security in
the Credit Union System.
RECESS: 11:00 a.m.
TIME AND DATE: 11:15 a.m., Thursday,
September 15, 2016.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street, Alexandria, VA
22314–3428.
STATUS: Closed.
MATTERS TO BE CONSIDERED: 1. Merger
Request. Closed pursuant to Exemption
(8).
FOR FURTHER INFORMATION CONTACT:
Gerard Poliquin, Secretary of the Board,
Telephone: 703–518–6304.
TIME AND DATE:
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2016–21973 Filed 9–8–16; 4:15 pm]
BILLING CODE 7535–01–P
NUCLEAR REGULATORY
COMMISSION
July 21, 2016. This Order will ensure
the licensee restores compliance with
NRC regulations.
The Order was issued on
September 1, 2016.
DATES:
Please refer to Docket ID
NRC–2016–0191 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–2016–0191. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
[EA–16–022; NRC–2016–0191]
In the Matter of All Power Reactor
Licensees Owned and Operated by
First Energy Nuclear Operating
Company; and First Energy Corp
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle,
Illinois 60532; telephone: 630–810–
4376, email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION:
Dated at Lisle, Illinois, this 7th day of
September, 2016.
The U.S. Nuclear Regulatory
Commission (NRC) issued a
confirmatory order (Order) to First
Energy Nuclear Operating Company (the
licensee), confirming the agreement
reached in an Alternative Dispute
Resolution mediation session held on
SUMMARY:
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The text of
the Order is attached.
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
For the Nuclear Regulatory Commission.
Darrell J. Roberts,
Deputy Regional Administrator, Region III.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of All Power Reactor
Licensees Owned and Operated by First
Energy Nuclear Operating Company;
and First Energy Corp
Docket Nos. (Attachment 1)
License Nos. (Attachment 1)
EA–16–022
Confirmatory Order Modifying License
I
First Energy Nuclear Operating
Company (FENOC), is the holder of
Reactor Operating License No. NPF–3
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
April 22, 1977. The license authorizes
the operation of the Davis-Besse Nuclear
Power Station (Davis-Besse) in
accordance with conditions specified
therein. The facility is located on
FENOC’s site in Oak Harbor, Ohio.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on July 21,
2016.
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II
On February 9, 2015, the NRC Office
of Investigations (OI), Region III Field
Office, initiated an investigation to
determine whether a licensed reactor
operator at Davis-Besse deliberately
failed to comply with a condition of his
license and to report a change in a
medical condition. The NRC completed
its investigation on January 29, 2016.
Based on the evidence gathered in the
OI investigation, a licensed reactor
operator deliberately provided false
information to the facility licensee. This
inaccurate information was used by the
facility licensee to complete NRC 396
forms that were submitted to the NRC.
Specifically, the operator signed forms
validating the accuracy of the list of
prescription medication he was taking
when he knew the list was inaccurate.
The information in the document,
which was material to the NRC because
it provided the basis for the operator’s
medical qualification, was submitted to
the NRC by the facility licensee causing
a violation of 10 CFR 50.9(a).
FENOC accepted the NRC’s offer of
Alternative Dispute Resolution (ADR) to
resolve the dispute with the NRC over
the results of the investigation and the
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apparent violation. ADR is a process in
which a neutral mediator with no
decision-making authority assists the
parties in reaching an agreement to
resolve differing views on the dispute.
On July 21, 2016, FENOC and the NRC
met in an ADR session mediated by a
professional mediator, arranged through
Cornell University’s Institute on
Conflict Resolution.
Prior to the NRC’s offer to engage in
ADR, FENOC had already taken several
corrective actions, including (but not
limited to):
1. Took performance management
actions with the individual licensed
operator;
2. Provided required reading to all
licensed operators at Davis-Besse on
requirements for maintaining medical
qualifications and reporting changes in
medical conditions;
3. Reinforced expectations and
requirements for medical reporting and
completeness and accuracy of
information with Davis-Besse and
FENOC management through routine
Operations Leadership meetings, and
Operations and Regulatory Compliance
Peer Team calls;
4. Verified through an Independent
Operator Survey the effectiveness of
communications to licensed operators
regarding the requirements for medical
reporting and completeness and
accuracy of information; and
5. Completed a review of corrective
action program documents to identify
potential trends in medical reporting.
III
During the ADR session held on July
21, 2016, 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. To reinforce knowledge of and
compliance with requirements for
medical qualifications and
completeness and accuracy of reported
information, FENOC will take the
following actions related to licensed
operator requalification training at
Davis-Besse:
a. Within 60 days of the effective date
of the Confirmatory Order, Davis-Besse
operations management will complete
discussions with each licensed operator
regarding the facts and lessons learned
from the event that gave rise to the
Confirmatory Order.
b. No later than December 31, 2016,
FENOC will revise operator
requalification training materials to
incorporate facts and lessons learned
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from the event that gave rise to the
Confirmatory Order.
2. To reinforce knowledge of and
compliance with requirements for
ensuring the completeness and accuracy
of reported information across the fleet,
FENOC will take the following actions:
a. No later than December 31, 2016,
appropriate FENOC management will
communicate expectations and
requirements for complete and accurate
medical reporting to operations and
security personnel subject to those
requirements;
b. No later than December 31, 2017,
FENOC will revise and administer
fleetwide plant access training. The
revised training shall address the
provisions of 10 CFR 50.9 and
incorporate facts and lessons learned
from the event that gave rise to the
Confirmatory Order.
3. Upon completion of actions taken
under items 1 and 2 to strengthen
communications and training, but in no
event later than two years from the
effective date of the Confirmatory Order,
FENOC shall complete an effectiveness
review of those actions.
4. No later than December 31, 2016,
FENOC will revise existing fleet
procedures governing the update of
licensed operators’ medical reports. The
revised procedure will state that the
licensed medical physician may request
that the operator submit prescription
purchase records or receipts, if the
physician deems appropriate.
5. To ensure dissemination of the
facts and lessons learned across the
nuclear industry, FENOC will take the
following actions:
a. Within 30 days of the Agreement in
Principle, FENOC will make a
presentation at the Nuclear Medical
Resources Professionals User Group to
engage industry personnel from across
the entirety of the United States on the
facts and lessons learned from the event
that gave rise to the Confirmatory Order.
b. No later than December 31, 2016,
FENOC shall submit an article to a
widespread trade publication based on
the facts and lessons learned from the
event that gave rise to the Confirmatory
Order. FENOC shall provide to the
Director, Division of Reactor Safety,
NRC Region III, a draft of the article 30
days prior to the submittal.
6. To ensure communication of
actions completed and to enable NRC
inspection, FENOC will make the
following notifications to the Director,
Division of Reactor Safety, NRC Region
III:
a. No later than March 1, 2017,
FENOC will provide written notification
of the completion of actions taken under
items 1a., 1b., 2a., 4, 5a., and 5b.
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b. No later than December 31, 2018,
FENOC will provide written notification
of the completion of actions taken under
items 2b. and 3.
In exchange for the commitments and
corrective actions taken by FENOC, the
NRC agrees to the following conditions:
1. The NRC will not issue a violation
and agrees not to pursue any further
enforcement action in connection with
the NRC’s May 17, 2016 letter to
FENOC.
2. The NRC will consider the
Confirmatory Order as an escalated
enforcement action for a period of one
year from its effective date.
This agreement is binding upon the
successors and assigns of FENOC.
On August 29, 2016, FENOC
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. FENOC
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 FENOC 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 FENOC’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
FENOC’s commitments be confirmed by
this Order. Based on the above and
FENOC’s consent, this Confirmatory
Order is effective 30 calendar days after
issuance.
sradovich on DSK3GMQ082PROD with NOTICES
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, IT IS HEREBY ORDERED THAT
THE ACTIONS DESCRIBED BELOW
WILL BE TAKEN AT DAVIS–BESSE
NUCLEAR POWER STATION AND
OTHER NUCLEAR PLANTS IN
FENOC’s FLEET WHERE INDICATED
AND THAT LICENSE NO. NPF–3 IS
MODIFIED AS FOLLOWS WITH
RESPECT TO THE ACTIONS TO BE
TAKEN AT THE DAVIS–BESSE
NUCLEAR POWER STATION:
1. Within 60 days of the effective date
of the Confirmatory Order, Davis-Besse
operations management will complete
discussions with each licensed operator
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regarding the facts and lessons learned
from the event that gave rise to the
Confirmatory Order.
2. No later than December 31, 2016,
FENOC will revise operator
requalification training materials to
incorporate facts and lessons learned
from the event that gave rise to the
Confirmatory Order.
3. No later than December 31, 2016,
appropriate FENOC management will
communicate expectations and
requirements for complete and accurate
medical reporting to operations and
security personnel subject to those
requirements.
4. No later than December 31, 2017,
FENOC will revise and administer
fleetwide plant access training. The
revised training shall address the
provisions of 10 CFR 50.9 and
incorporate facts and lessons learned
from the event that gave rise to the
Confirmatory Order.
5. Upon completion of actions taken
under items 1, 2, 3, and 4, but in no
event later than two years from the
effective date of the Confirmatory Order,
FENOC shall complete an effectiveness
review of those actions.
6. No later than December 31, 2016,
FENOC will revise existing fleet
procedures governing the update of
licensed operators’ medical reports. The
revised procedure will state that the
licensed medical physician may request
that the operator submit prescription
purchase records or receipts, if the
physician deems appropriate.
7. Within 30 days of the Agreement in
Principle, FENOC will make a
presentation at the Nuclear Medical
Resources Professionals User Group to
engage industry personnel from across
the entirety of the United States on the
facts and lessons learned from the event
that gave rise to the Confirmatory Order.
8. No later than December 31, 2016,
FENOC shall submit an article to a
widespread trade publication based on
the facts and lessons learned from the
event that gave rise to the Confirmatory
Order. FENOC shall provide to the
Director, Division of Reactor Safety,
NRC Region III, a draft of the article 30
days prior to the submittal.
9. No later than March 1, 2017,
FENOC will provide written notification
to the Director, Division of Reactor
Safety, NRC Region III of the completion
of actions taken under items 1, 2, 3, 6,
7, and 8.
10. No later than December 31, 2018,
FENOC will provide written notification
to the Director, Division of Reactor
Safety, NRC Region III of the completion
of actions taken under items 4 and 5.
The Regional Administrator, Region
III, may, in writing, relax or rescind any
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62771
of the above conditions upon
demonstration by FENOC of good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than FENOC,
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
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
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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
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
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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,
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
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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 time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received.
Dated at Lisle, Illinois this 1st day of
September 2016.
For the Nuclear Regulatory Commission.
Darrell J. Roberts acting for,
Cynthia D. Pederson,
Regional Administrator.
Attachment 1
All Power Reactor Licensees Owned and
Operated by First Energy Nuclear Operating
Company; and First Energy Corp
Beaver Valley Power Station, Unit Nos. 1 and
2
Docket Nos’. 50–334 and 50–412
License Nos. DPR–66 and NPF–73
Mr. Marty Richey, Site Vice President,
Pennsylvania 168, Shippingport, PA 15001
Davis-Besse Nuclear Power Station, Unit No.
1
Docket No. 50–346
License No. NPF–3
Mr. Brian Boles, Site Vice President, 5501
OH–2, Oak Harbor, OH 43449
Perry Nuclear Power Plant, Unit No. 1
Docket No. 50–440
License No. NPF–58
Mr. Dave Hamilton, Site Vice President, 10
Center Rd, Perry, OH 44081
[FR Doc. 2016–21839 Filed 9–9–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0001]
Sunshine Act Meeting Notice
September 12, 19, 26, October 3,
10, 17, 2016.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
DATE:
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]]>Agencies
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62769-62772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21839]
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NUCLEAR REGULATORY COMMISSION
[EA-16-022; NRC-2016-0191]
In the Matter of All Power Reactor Licensees Owned and Operated
by First Energy Nuclear Operating Company; and First Energy Corp
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order (Order) to First Energy Nuclear Operating Company
(the licensee), confirming the agreement reached in an Alternative
Dispute Resolution mediation session held on July 21, 2016. This Order
will ensure the licensee restores compliance with NRC regulations.
DATES: The Order was issued on September 1, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0191 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-2016-0191. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced 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 7th day of September, 2016.
[[Page 62770]]
For the Nuclear Regulatory Commission.
Darrell J. Roberts,
Deputy Regional Administrator, Region III.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of All Power Reactor Licensees Owned and Operated by
First Energy Nuclear Operating Company; and First Energy Corp
Docket Nos. (Attachment 1)
License Nos. (Attachment 1)
EA-16-022
Confirmatory Order Modifying License
I
First Energy Nuclear Operating Company (FENOC), is the holder of
Reactor Operating License No. NPF-3 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 April 22, 1977. The
license authorizes the operation of the Davis-Besse Nuclear Power
Station (Davis-Besse) in accordance with conditions specified therein.
The facility is located on FENOC's site in Oak Harbor, Ohio.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on July 21, 2016.
II
On February 9, 2015, the NRC Office of Investigations (OI), Region
III Field Office, initiated an investigation to determine whether a
licensed reactor operator at Davis-Besse deliberately failed to comply
with a condition of his license and to report a change in a medical
condition. The NRC completed its investigation on January 29, 2016.
Based on the evidence gathered in the OI investigation, a licensed
reactor operator deliberately provided false information to the
facility licensee. This inaccurate information was used by the facility
licensee to complete NRC 396 forms that were submitted to the NRC.
Specifically, the operator signed forms validating the accuracy of the
list of prescription medication he was taking when he knew the list was
inaccurate. The information in the document, which was material to the
NRC because it provided the basis for the operator's medical
qualification, was submitted to the NRC by the facility licensee
causing a violation of 10 CFR 50.9(a).
FENOC accepted the NRC's offer of Alternative Dispute Resolution
(ADR) to resolve the dispute with the NRC over the results of the
investigation and the apparent violation. ADR is a process in which a
neutral mediator with no decision-making authority assists the parties
in reaching an agreement to resolve differing views on the dispute. On
July 21, 2016, FENOC and the NRC met in an ADR session mediated by a
professional mediator, arranged through Cornell University's Institute
on Conflict Resolution.
Prior to the NRC's offer to engage in ADR, FENOC had already taken
several corrective actions, including (but not limited to):
1. Took performance management actions with the individual licensed
operator;
2. Provided required reading to all licensed operators at Davis-
Besse on requirements for maintaining medical qualifications and
reporting changes in medical conditions;
3. Reinforced expectations and requirements for medical reporting
and completeness and accuracy of information with Davis-Besse and FENOC
management through routine Operations Leadership meetings, and
Operations and Regulatory Compliance Peer Team calls;
4. Verified through an Independent Operator Survey the
effectiveness of communications to licensed operators regarding the
requirements for medical reporting and completeness and accuracy of
information; and
5. Completed a review of corrective action program documents to
identify potential trends in medical reporting.
III
During the ADR session held on July 21, 2016, 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. To reinforce knowledge of and compliance with requirements for
medical qualifications and completeness and accuracy of reported
information, FENOC will take the following actions related to licensed
operator requalification training at Davis-Besse:
a. Within 60 days of the effective date of the Confirmatory Order,
Davis-Besse operations management will complete discussions with each
licensed operator regarding the facts and lessons learned from the
event that gave rise to the Confirmatory Order.
b. No later than December 31, 2016, FENOC will revise operator
requalification training materials to incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
2. To reinforce knowledge of and compliance with requirements for
ensuring the completeness and accuracy of reported information across
the fleet, FENOC will take the following actions:
a. No later than December 31, 2016, appropriate FENOC management
will communicate expectations and requirements for complete and
accurate medical reporting to operations and security personnel subject
to those requirements;
b. No later than December 31, 2017, FENOC will revise and
administer fleetwide plant access training. The revised training shall
address the provisions of 10 CFR 50.9 and incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
3. Upon completion of actions taken under items 1 and 2 to
strengthen communications and training, but in no event later than two
years from the effective date of the Confirmatory Order, FENOC shall
complete an effectiveness review of those actions.
4. No later than December 31, 2016, FENOC will revise existing
fleet procedures governing the update of licensed operators' medical
reports. The revised procedure will state that the licensed medical
physician may request that the operator submit prescription purchase
records or receipts, if the physician deems appropriate.
5. To ensure dissemination of the facts and lessons learned across
the nuclear industry, FENOC will take the following actions:
a. Within 30 days of the Agreement in Principle, FENOC will make a
presentation at the Nuclear Medical Resources Professionals User Group
to engage industry personnel from across the entirety of the United
States on the facts and lessons learned from the event that gave rise
to the Confirmatory Order.
b. No later than December 31, 2016, FENOC shall submit an article
to a widespread trade publication based on the facts and lessons
learned from the event that gave rise to the Confirmatory Order. FENOC
shall provide to the Director, Division of Reactor Safety, NRC Region
III, a draft of the article 30 days prior to the submittal.
6. To ensure communication of actions completed and to enable NRC
inspection, FENOC will make the following notifications to the
Director, Division of Reactor Safety, NRC Region III:
a. No later than March 1, 2017, FENOC will provide written
notification of the completion of actions taken under items 1a., 1b.,
2a., 4, 5a., and 5b.
[[Page 62771]]
b. No later than December 31, 2018, FENOC will provide written
notification of the completion of actions taken under items 2b. and 3.
In exchange for the commitments and corrective actions taken by
FENOC, the NRC agrees to the following conditions:
1. The NRC will not issue a violation and agrees not to pursue any
further enforcement action in connection with the NRC's May 17, 2016
letter to FENOC.
2. The NRC will consider the Confirmatory Order as an escalated
enforcement action for a period of one year from its effective date.
This agreement is binding upon the successors and assigns of FENOC.
On August 29, 2016, FENOC consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. FENOC
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 FENOC 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 FENOC'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
FENOC's commitments be confirmed by this Order. Based on the above and
FENOC's consent, this Confirmatory Order is effective 30 calendar days
after issuance.
V
Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR part 50, IT IS HEREBY ORDERED THAT
THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT DAVIS-BESSE NUCLEAR POWER
STATION AND OTHER NUCLEAR PLANTS IN FENOC's FLEET WHERE INDICATED AND
THAT LICENSE NO. NPF-3 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE
ACTIONS TO BE TAKEN AT THE DAVIS-BESSE NUCLEAR POWER STATION:
1. Within 60 days of the effective date of the Confirmatory Order,
Davis-Besse operations management will complete discussions with each
licensed operator regarding the facts and lessons learned from the
event that gave rise to the Confirmatory Order.
2. No later than December 31, 2016, FENOC will revise operator
requalification training materials to incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
3. No later than December 31, 2016, appropriate FENOC management
will communicate expectations and requirements for complete and
accurate medical reporting to operations and security personnel subject
to those requirements.
4. No later than December 31, 2017, FENOC will revise and
administer fleetwide plant access training. The revised training shall
address the provisions of 10 CFR 50.9 and incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
5. Upon completion of actions taken under items 1, 2, 3, and 4, but
in no event later than two years from the effective date of the
Confirmatory Order, FENOC shall complete an effectiveness review of
those actions.
6. No later than December 31, 2016, FENOC will revise existing
fleet procedures governing the update of licensed operators' medical
reports. The revised procedure will state that the licensed medical
physician may request that the operator submit prescription purchase
records or receipts, if the physician deems appropriate.
7. Within 30 days of the Agreement in Principle, FENOC will make a
presentation at the Nuclear Medical Resources Professionals User Group
to engage industry personnel from across the entirety of the United
States on the facts and lessons learned from the event that gave rise
to the Confirmatory Order.
8. No later than December 31, 2016, FENOC shall submit an article
to a widespread trade publication based on the facts and lessons
learned from the event that gave rise to the Confirmatory Order. FENOC
shall provide to the Director, Division of Reactor Safety, NRC Region
III, a draft of the article 30 days prior to the submittal.
9. No later than March 1, 2017, FENOC will provide written
notification to the Director, Division of Reactor Safety, NRC Region
III of the completion of actions taken under items 1, 2, 3, 6, 7, and
8.
10. No later than December 31, 2018, FENOC will provide written
notification to the Director, Division of Reactor Safety, NRC Region
III of the completion of actions taken under items 4 and 5.
The Regional Administrator, Region III, may, in writing, relax or
rescind any of the above conditions upon demonstration by FENOC of good
cause.
VI
Any person adversely affected by this Confirmatory Order, other
than FENOC, 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 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
[[Page 62772]]
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 time for requesting a hearing has been approved, the
provisions specified in Section V shall be final when the extension
expires if a hearing request has not been received.
Dated at Lisle, Illinois this 1st day of September 2016.
For the Nuclear Regulatory Commission.
Darrell J. Roberts acting for,
Cynthia D. Pederson,
Regional Administrator.
Attachment 1
All Power Reactor Licensees Owned and Operated by First Energy Nuclear
Operating Company; and First Energy Corp
Beaver Valley Power Station, Unit Nos. 1 and 2
Docket Nos'. 50-334 and 50-412
License Nos. DPR-66 and NPF-73
Mr. Marty Richey, Site Vice President, Pennsylvania 168,
Shippingport, PA 15001
Davis-Besse Nuclear Power Station, Unit No. 1
Docket No. 50-346
License No. NPF-3
Mr. Brian Boles, Site Vice President, 5501 OH-2, Oak Harbor, OH
43449
Perry Nuclear Power Plant, Unit No. 1
Docket No. 50-440
License No. NPF-58
Mr. Dave Hamilton, Site Vice President, 10 Center Rd, Perry, OH
44081
[FR Doc. 2016-21839 Filed 9-9-16; 8:45 am]
BILLING CODE 7590-01-P
