In the Matter of Tilden Mining, L.C., 28535-28538 [2017-13000]
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Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices
submitted a request for renewal of an
existing collection of information to
OMB for review titled ‘‘Licenses for
Radiography and Radiation Safety
Requirements for Radiographic
Operations.’’ The NRC hereby informs
potential respondents that an agency
may not conduct or sponsor, and that a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
March 17, 2017 (82 FR 14236).
1. The title of the information
collection: ‘‘10 CFR part 34, Licenses for
Radiography and Radiation Safety
Requirements for Radiographic
Operations.’’
2. OMB approval number: 3150–0007.
3. Type of submission: Extension.
4. The form number if applicable:
N/A.
5. How often the collection is required
or requested: Applications for new
licenses and amendments may be
submitted at any time (on occasion).
Applications for renewal are submitted
every 10 years. Reports are submitted as
events occur.
6. Who will be required or asked to
respond: Applicants for and holders of
specific licenses authorizing the use of
licensed radioactive material for
radiography.
7. The estimated number of annual
responses: 3,031 (141 reporting
responses + 2,312 third-party disclosure
responses + 578 recordkeepers).
8. The estimated number of annual
respondents: 578 (500 Agreement State
licensees plus 78 NRC licensees).
9. An estimate of the total number of
hours needed annually to comply with
the information collection requirement
or request: 260,457 hours (2,770
reporting + 234,741 recordkeeping +
22,946 third party disclosure).
10. Abstract: Part 34 of title 10 of the
Code of Federal Regulations (10 CFR)
establishes radiation safety
requirements for the use of radioactive
material in industrial radiography. The
information in the applications, reports,
and records is used by the NRC staff to
ensure that the health and safety of the
public is protected and that licensee
possession and use of source and
byproduct material is in compliance
with license and regulatory
requirements.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2017–13011 Filed 6–21–17; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 30–34221; License No. 21–
26748–01; EA–16–282; NRC–2017–0147]
In the Matter of Tilden Mining, L.C.
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
Confirmatory Order to Tilden Mining
Company, L.C. (Tilden Mining) as a
result of an agreement reached during
an Alternative Dispute Resolution
mediation session conducted on May 8,
2017. The mediation session was
conducted to reach agreement on the
corrective actions to be implemented by
Tilden Mining in response to apparent
violations involving the failure to
implement a security program in
accordance with NRC requirements. The
Confirmatory Order documents the
corrective action commitments made by
Tilden Mining and is effective on July
14, 2017.
DATES: Effective Date: June 14, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0147 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–2017–0147. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
SUMMARY:
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28535
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Kenneth J. Lambert, Region III, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
630–710–4376; email:
Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Lisle, Illinois, this 16th day of
June 2017.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator, NRC Region III.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of Tilden Mining
Company L.C.
Docket No. 30–34221
License No. 21–26748–01
EA–16–282
CONFIRMATORY ORDER MODIFYING
LICENSE (EFFECTIVE UPON
ISSUANCE) (NRC–2017–0147)
I
Tilden Mining Company L.C. (Tilden
Mining or Licensee) is the holder of
byproduct material License No. 21–
26748–01 issued on June 3, 2014, by the
U.S. Nuclear Regulatory Commission
(NRC or Commission) pursuant to Part
30 of Title 10 of the Code of Federal
Regulations (CFR). The license
authorizes the possession and use of
fixed gauges and silica analyzers at the
Tilden Mine in accordance with
conditions specified therein. The
facility is located on the Licensee’s site
in Marquette County, Michigan.
This Confirmatory Order is the result
of an agreement reached during an
Alternative Dispute Resolution (ADR)
mediation session conducted on May 8,
2017.
II
On March 9, 2017, the NRC issued
Inspection Report 03034221/
2016001(DNMS) to Tilden Mining,
which documented the identification of
apparent violations that were being
considered for escalated enforcement
action in accordance with the NRC
Enforcement Policy. The apparent
violations involved the failure to
implement its security program in
accordance with NRC requirements.
By letter, dated March 9, 2017, the
NRC notified Tilden Mining of the
results of the inspection with an
opportunity to: (1) Provide a response in
writing, (2) attend a predecisional
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enforcement conference or (3)
participate in an ADR mediation session
in an effort to resolve these concerns.
In response to the NRC’s offer, Tilden
Mining requested the use of the NRC’s
ADR process to resolve differences it
had with the NRC. On May 8, 2017, the
NRC and Tilden Mining met in an ADR
session mediated by a professional
mediator, arranged through Cornell
University’s Institute on Conflict
Resolution. The ADR process is one 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.
sradovich on DSK3GMQ082PROD with NOTICES
III
During the ADR session, Tilden
Mining and the NRC reached a
preliminary settlement in an Agreement
in Principal. The elements of the
agreement include the following:
Tilden Mining has already taken a
number of corrective actions including:
1. Repaired the alarm;
2. Installed a more robust door-access
system; and
3. Initiated training for appropriate
personnel on the operation of the new
alarm system.
Therefore, the parties agree to the
following terms and conditions:
1. Tilden Mining shall establish a
Radioactive Material Oversight
Committee to oversee the
implementation of the Licensee’s
programs for radiation safety and
radioactive source security. The
Committee shall review and update the
scope of work and documentation
requirements for the Licensee’s annual
radiation safety and security audits/
program reviews.
The Committee shall be comprised of
the Radiation Safety Officer (RSO), the
RSO’s Manager, the Site General
Manager, and other relevant
stakeholders.
The Committee shall be established
and hold its first meeting no later than
September 30, 2017. Thereafter, the
Committee shall at a minimum meet
three times in 2018, twice in 2019, and
annually thereafter until December 31,
2022.
The Committee shall review annual
audits/program reviews and the
effectiveness reviews required by
paragraph 2 of this Agreement in
Principle and ensure corrective actions
are implemented, as appropriate. The
Committee shall ensure that corrective
actions and tasks required to ensure
compliance are adequately documented
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and controlled within the Licensee’s
work-tracking system.
The Committee shall maintain records
of its meetings to enable NRC
inspection.
2. Tilden Mining shall complete two
effectiveness reviews of the corrective
actions taken in response to the
Confirmatory Order. Each effectiveness
review supplements the annual audits/
program reviews required by NRC
regulations and may be combined with
those required audits/reviews. Each
effectiveness review shall be conducted
by an independent consultant.
The first effectiveness review shall be
conducted no later than December 31,
2018, and the second shall be conducted
no later than December 31, 2020.
The scope of each effectiveness
review shall include review of
Radioactive Material Oversight
Committee activities and the
effectiveness and sustainability of the
corrective actions taken in response to
the Confirmatory Order.
The Licensee shall provide a copy of
the results of each effectiveness review
to the Director, Division of Nuclear
Materials Safety (DNMS), Region III,
within 150 days of the Licensee’s
receipt of the consultant’s final report.
If the results indicate a potential or
apparent violation of NRC requirements,
the NRC will conduct an inspection to
determine the facts and assess the
significance prior to proposing any
enforcement action.
3. For a period of 5 years from the
date of the Confirmatory Order, Tilden
Mining shall reflect in its work-tracking
system tasks governing:
a. Annual coordination with the local
law enforcement authority;
b. Twice yearly alarm system testing;
c. Any corrective actions directed by
the Radioactive Material Oversight
Committee; and
d. Maintenance pertinent to security
systems required under the applicable
regulation.
4. For a period of 5 years from the
date of the Confirmatory Order, Tilden
Mining shall provide annual training to
affected personnel on the access control
and alarm response requirements of the
applicable regulations and the
Licensee’s implementing procedures.
Based on the completed actions
described above, and the commitments
described in Section V below, the NRC
agrees not to pursue any further
enforcement action in connection with
the NRC’s March 9, 2017, letter to
Tilden Mining and not to issue a civil
penalty. The NRC considers the
Confirmatory Order as an escalated
enforcement action; however, it will not
be considered an escalated enforcement
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action by the NRC for future assessment
of violations occurring at Tilden
Mining.
On June 13, 2017, Tilden Mining
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. Tilden
Mining further agreed that this
Confirmatory Order is to be effective
upon issuance, the agreement
memorialized in this Confirmatory
Order settles the matter between the
parties, and that it has waived its right
to a hearing.
IV
I find that Tilden Mining’s actions
completed, as described in Section III
above, combined with the 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 Tilden Mining’s commitments be
confirmed by this Confirmatory Order.
Based on the above and Tilden Mining’s
consent, this Confirmatory Order is
effective upon issuance.
By no later than thirty (30) days after
the completion of the commitments
specified in Section V, Tilden Mining
Company L.C. is required to notify the
NRC in writing and summarize its
actions.
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 37, it is
hereby ordered, effective upon issuance,
that license No. 21–26748–01 is
modified as follows:
1. Tilden Mining shall establish a
Radioactive Material Oversight
Committee to oversee the
implementation of the Licensee’s
programs for radiation safety and
radioactive source security. The
Committee shall review and update the
scope of work and documentation
requirements for the Licensee’s annual
radiation safety and security audits/
program reviews.
The Committee shall be comprised of
the Radiation Safety Officer, the RSO’s
Manager, the Site General Manager, and
other relevant stakeholders.
The Committee shall be established
and hold its first meeting no later than
September 30, 2017. Thereafter, the
Committee shall at a minimum meet
three times in 2018, twice in 2019, and
annually thereafter until December 31,
2022.
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The Committee shall review annual
audits/program reviews and the
effectiveness reviews required by
paragraph 2 of this section and ensure
corrective actions are implemented, as
appropriate. The Committee shall
ensure that corrective actions and tasks
required to ensure compliance are
adequately documented and controlled
within the Licensee’s work-tracking
system.
The Committee shall maintain records
of its meetings to enable NRC
inspection.
2. Tilden Mining shall complete two
effectiveness reviews of the corrective
actions taken in response to this
Confirmatory Order. Each effectiveness
review supplements the annual audits/
program reviews required by NRC
regulations and may be combined with
those required audits/reviews. Each
effectiveness review shall be conducted
by an independent consultant.
The first effectiveness review shall be
conducted no later than December 31,
2018, and the second shall be conducted
no later than December 31, 2020.
The scope of each effectiveness
review shall include review of
Radioactive Material Oversight
Committee activities and the
effectiveness and sustainability of the
corrective actions taken in response to
the Confirmatory Order.
Tilden Mining shall provide a copy of
the results of each effectiveness review
to the Director, DNMS, Region III,
within 150 days of the Licensee’s
receipt of the consultant’s final report.
If the results indicate a potential or
apparent violation of NRC requirements,
the NRC will conduct an inspection to
determine the facts and assess the
significance prior to proposing any
enforcement action.
3. For a period of 5 years from the
date of the Confirmatory Order, Tilden
Mining shall reflect in its work-tracking
system tasks governing:
a. Annual coordination with the local
law enforcement;
b. Twice yearly alarm system testing;
c. Any corrective actions directed by
the Radioactive Material Oversight
Committee; and
d. Maintenance pertinent to security
systems required under the applicable
regulations.
4. For a period of 5 years from the
date of this Confirmatory Order, Tilden
Mining shall provide annual training to
affected personnel on the access control
and alarm response requirements of the
applicable regulations and the
Licensee’s implementing procedures.
In the event of the transfer of the
operating license of Tilden Mining to
another entity, the terms and conditions
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set forth in this Confirmatory Order
shall continue to apply and accordingly
survive any transfer of ownership or
license.
The Regional Administrator, Region
III may, in writing, relax or rescind any
of the above conditions upon
demonstration by Tilden Mining or its
successors 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 Tilden Mining, may request
a hearing within thirty (30) calendar
days of the date of issuance 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
made in writing 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
(hereinafter ‘‘petition’’), 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 at 77 FR
46562, August 3, 2012). The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the internet, or in some cases to
mail copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
an exemption in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (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
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28537
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 the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is 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 EFiling 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 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–
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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://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click cancel when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. 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. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. 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.
The Commission will issue a Notice
or Order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
If a person (other than Tilden Mining)
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 an Order
designating the time and place of any
hearings. If a hearing is held, the issue
to be considered at such hearing shall be
whether this 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 this Confirmatory Order
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received.
For the Nuclear Regulatory Commission.
Dated this 14th day of June 2017.
Cynthia D. Pederson
Regional Administrator, NRC Region III.
[FR Doc. 2017–13000 Filed 6–21–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–289 and 50–320; NRC–
2017–0146]
Exelon Generation Company, LLC;
Three Mile Island Nuclear Station,
Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License No. DPR–50
held by Exelon Generation Company,
LLC (Exelon, the licensee) for the
operation of Three Mile Island Nuclear
Station (TMI), Units 1 and 2, located in
Dauphin County, Pennsylvania. The
proposed amendment would allow for
changes to TMI’s Radiological
Emergency Plan Annex staffing levels to
align with Exelon’s standard fleet
Emergency Response Organization
(ERO) framework. In accordance with
the Possession-Only License No. DPR–
73 Post-Defueling Monitored Storage
Safety Analysis Report for TMI, Unit 2,
the emergency plan for Unit 1 is
considered to encompass Unit 2.
Therefore, an amendment to the Unit 2
license is not required. The NRC is
SUMMARY:
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issuing an environmental assessment
(EA) and finding of no significant
impact (FONSI) associated with the
proposed license amendment.
DATES: The EA referenced in this
document is available on June 22, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0146 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–2017–0146. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• 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:
Justin C. Poole, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–2048;
email: Justin.Poole@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of a
license amendment pursuant to section
50.54 of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Conditions of
licenses,’’ paragraph (q), ‘‘Emergency
plans,’’ to Renewed Facility Operating
License No DPR–50 held by Exelon for
the operation of TMI, Units 1 and 2,
located in Dauphin County,
Pennsylvania. In accordance with 10
CFR 51.21, the NRC performed the
following EA that analyzes the
environmental impacts of the proposed
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[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28535-28538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13000]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-34221; License No. 21-26748-01; EA-16-282; NRC-2017-
0147]
In the Matter of Tilden Mining, L.C.
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Tilden Mining Company, L.C. (Tilden Mining) as a
result of an agreement reached during an Alternative Dispute Resolution
mediation session conducted on May 8, 2017. The mediation session was
conducted to reach agreement on the corrective actions to be
implemented by Tilden Mining in response to apparent violations
involving the failure to implement a security program in accordance
with NRC requirements. The Confirmatory Order documents the corrective
action commitments made by Tilden Mining and is effective on July 14,
2017.
DATES: Effective Date: June 14, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0147 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-2017-0147. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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 J. Lambert, Region III, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
630-710-4376; email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois, this 16th day of June 2017.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator, NRC Region III.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Tilden Mining Company L.C.
Docket No. 30-34221
License No. 21-26748-01
EA-16-282
CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE) (NRC-
2017-0147)
I
Tilden Mining Company L.C. (Tilden Mining or Licensee) is the
holder of byproduct material License No. 21-26748-01 issued on June 3,
2014, by the U.S. Nuclear Regulatory Commission (NRC or Commission)
pursuant to Part 30 of Title 10 of the Code of Federal Regulations
(CFR). The license authorizes the possession and use of fixed gauges
and silica analyzers at the Tilden Mine in accordance with conditions
specified therein. The facility is located on the Licensee's site in
Marquette County, Michigan.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on May 8, 2017.
II
On March 9, 2017, the NRC issued Inspection Report 03034221/
2016001(DNMS) to Tilden Mining, which documented the identification of
apparent violations that were being considered for escalated
enforcement action in accordance with the NRC Enforcement Policy. The
apparent violations involved the failure to implement its security
program in accordance with NRC requirements.
By letter, dated March 9, 2017, the NRC notified Tilden Mining of
the results of the inspection with an opportunity to: (1) Provide a
response in writing, (2) attend a predecisional
[[Page 28536]]
enforcement conference or (3) participate in an ADR mediation session
in an effort to resolve these concerns.
In response to the NRC's offer, Tilden Mining requested the use of
the NRC's ADR process to resolve differences it had with the NRC. On
May 8, 2017, the NRC and Tilden Mining met in an ADR session mediated
by a professional mediator, arranged through Cornell University's
Institute on Conflict Resolution. The ADR process is one 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, Tilden Mining and the NRC reached a
preliminary settlement in an Agreement in Principal. The elements of
the agreement include the following:
Tilden Mining has already taken a number of corrective actions
including:
1. Repaired the alarm;
2. Installed a more robust door-access system; and
3. Initiated training for appropriate personnel on the operation of
the new alarm system.
Therefore, the parties agree to the following terms and conditions:
1. Tilden Mining shall establish a Radioactive Material Oversight
Committee to oversee the implementation of the Licensee's programs for
radiation safety and radioactive source security. The Committee shall
review and update the scope of work and documentation requirements for
the Licensee's annual radiation safety and security audits/program
reviews.
The Committee shall be comprised of the Radiation Safety Officer
(RSO), the RSO's Manager, the Site General Manager, and other relevant
stakeholders.
The Committee shall be established and hold its first meeting no
later than September 30, 2017. Thereafter, the Committee shall at a
minimum meet three times in 2018, twice in 2019, and annually
thereafter until December 31, 2022.
The Committee shall review annual audits/program reviews and the
effectiveness reviews required by paragraph 2 of this Agreement in
Principle and ensure corrective actions are implemented, as
appropriate. The Committee shall ensure that corrective actions and
tasks required to ensure compliance are adequately documented and
controlled within the Licensee's work-tracking system.
The Committee shall maintain records of its meetings to enable NRC
inspection.
2. Tilden Mining shall complete two effectiveness reviews of the
corrective actions taken in response to the Confirmatory Order. Each
effectiveness review supplements the annual audits/program reviews
required by NRC regulations and may be combined with those required
audits/reviews. Each effectiveness review shall be conducted by an
independent consultant.
The first effectiveness review shall be conducted no later than
December 31, 2018, and the second shall be conducted no later than
December 31, 2020.
The scope of each effectiveness review shall include review of
Radioactive Material Oversight Committee activities and the
effectiveness and sustainability of the corrective actions taken in
response to the Confirmatory Order.
The Licensee shall provide a copy of the results of each
effectiveness review to the Director, Division of Nuclear Materials
Safety (DNMS), Region III, within 150 days of the Licensee's receipt of
the consultant's final report. If the results indicate a potential or
apparent violation of NRC requirements, the NRC will conduct an
inspection to determine the facts and assess the significance prior to
proposing any enforcement action.
3. For a period of 5 years from the date of the Confirmatory Order,
Tilden Mining shall reflect in its work-tracking system tasks
governing:
a. Annual coordination with the local law enforcement authority;
b. Twice yearly alarm system testing;
c. Any corrective actions directed by the Radioactive Material
Oversight Committee; and
d. Maintenance pertinent to security systems required under the
applicable regulation.
4. For a period of 5 years from the date of the Confirmatory Order,
Tilden Mining shall provide annual training to affected personnel on
the access control and alarm response requirements of the applicable
regulations and the Licensee's implementing procedures.
Based on the completed actions described above, and the commitments
described in Section V below, the NRC agrees not to pursue any further
enforcement action in connection with the NRC's March 9, 2017, letter
to Tilden Mining and not to issue a civil penalty. The NRC considers
the Confirmatory Order as an escalated enforcement action; however, it
will not be considered an escalated enforcement action by the NRC for
future assessment of violations occurring at Tilden Mining.
On June 13, 2017, Tilden Mining consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Tilden Mining further agreed that this Confirmatory Order is to
be effective upon issuance, the agreement memorialized in this
Confirmatory Order settles the matter between the parties, and that it
has waived its right to a hearing.
IV
I find that Tilden Mining's actions completed, as described in
Section III above, combined with the 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 Tilden Mining's commitments be confirmed by this
Confirmatory Order. Based on the above and Tilden Mining's consent,
this Confirmatory Order is effective upon issuance.
By no later than thirty (30) days after the completion of the
commitments specified in Section V, Tilden Mining Company L.C. is
required to notify the NRC in writing and summarize its actions.
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 37, it is hereby ordered,
effective upon issuance, that license No. 21-26748-01 is modified as
follows:
1. Tilden Mining shall establish a Radioactive Material Oversight
Committee to oversee the implementation of the Licensee's programs for
radiation safety and radioactive source security. The Committee shall
review and update the scope of work and documentation requirements for
the Licensee's annual radiation safety and security audits/program
reviews.
The Committee shall be comprised of the Radiation Safety Officer,
the RSO's Manager, the Site General Manager, and other relevant
stakeholders.
The Committee shall be established and hold its first meeting no
later than September 30, 2017. Thereafter, the Committee shall at a
minimum meet three times in 2018, twice in 2019, and annually
thereafter until December 31, 2022.
[[Page 28537]]
The Committee shall review annual audits/program reviews and the
effectiveness reviews required by paragraph 2 of this section and
ensure corrective actions are implemented, as appropriate. The
Committee shall ensure that corrective actions and tasks required to
ensure compliance are adequately documented and controlled within the
Licensee's work-tracking system.
The Committee shall maintain records of its meetings to enable NRC
inspection.
2. Tilden Mining shall complete two effectiveness reviews of the
corrective actions taken in response to this Confirmatory Order. Each
effectiveness review supplements the annual audits/program reviews
required by NRC regulations and may be combined with those required
audits/reviews. Each effectiveness review shall be conducted by an
independent consultant.
The first effectiveness review shall be conducted no later than
December 31, 2018, and the second shall be conducted no later than
December 31, 2020.
The scope of each effectiveness review shall include review of
Radioactive Material Oversight Committee activities and the
effectiveness and sustainability of the corrective actions taken in
response to the Confirmatory Order.
Tilden Mining shall provide a copy of the results of each
effectiveness review to the Director, DNMS, Region III, within 150 days
of the Licensee's receipt of the consultant's final report. If the
results indicate a potential or apparent violation of NRC requirements,
the NRC will conduct an inspection to determine the facts and assess
the significance prior to proposing any enforcement action.
3. For a period of 5 years from the date of the Confirmatory Order,
Tilden Mining shall reflect in its work-tracking system tasks
governing:
a. Annual coordination with the local law enforcement;
b. Twice yearly alarm system testing;
c. Any corrective actions directed by the Radioactive Material
Oversight Committee; and
d. Maintenance pertinent to security systems required under the
applicable regulations.
4. For a period of 5 years from the date of this Confirmatory
Order, Tilden Mining shall provide annual training to affected
personnel on the access control and alarm response requirements of the
applicable regulations and the Licensee's implementing procedures.
In the event of the transfer of the operating license of Tilden
Mining to another entity, the terms and conditions set forth in this
Confirmatory Order shall continue to apply and accordingly survive any
transfer of ownership or license.
The Regional Administrator, Region III may, in writing, relax or
rescind any of the above conditions upon demonstration by Tilden Mining
or its successors 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 Tilden
Mining, may request a hearing within thirty (30) calendar days of the
date of issuance 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 made in writing 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 (hereinafter
``petition''), 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 at 77
FR 46562, August 3, 2012). The E-Filing process requires participants
to submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Participants may
not submit paper copies of their filings unless they seek an exemption
in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 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-
[[Page 28538]]
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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
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. For example, in some instances,
individuals provide home addresses in order to demonstrate proximity to
a facility or site. 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.
The Commission will issue a Notice or Order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
If a person (other than Tilden Mining) 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 hearings. 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
this Confirmatory Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in Section V shall be final when the extension
expires if a hearing request has not been received.
For the Nuclear Regulatory Commission.
Dated this 14th day of June 2017.
Cynthia D. Pederson
Regional Administrator, NRC Region III.
[FR Doc. 2017-13000 Filed 6-21-17; 8:45 am]
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