Global Nuclear Fuels-Americas, L.L.C., 60219-60223 [2017-27294]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
NATIONAL CREDIT UNION
ADMINISTRATION
Agency Information Collection
Activities: Proposed Collections;
Comment Request
National Credit Union
Administration (NCUA).
ACTION: Notice and request for comment.
AGENCY:
The National Credit Union
Administration (NCUA), as part of a
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to comment on the following
renewals of currently approved
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments should be
received on or before February 20, 2018
to be assured consideration.
ADDRESSES: Interested persons are
invited to submit written comments on
the information collections to Dawn
Wolfgang, National Credit Union
Administration, 1775 Duke Street, Suite
5080, Alexandria, Virginia 22314; Fax
No. 703–519–8579; or Email at
PRAComments@NCUA.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the address above
or telephone 703–548–2279.
SUPPLEMENTARY INFORMATION:
OMB Number: 3133–0183.
Title: Golden Parachute and
Indemnification Payments, 12 CFR part
750.
Abstract: This rule prohibits, in
certain circumstances, a federally
insured credit union (FICU) from
making golden parachute and
indemnification payments to an
institution-affiliated party (IAP). Section
750.6 requires requests by a troubled
FICU to make a severance or golden
parachute payment to an IAP, to be
submitted in writing to NCUA. The
information will be used by the NCUA
to determine whether an exception to
the general prohibition on golden
parachute payments should be
approved.
Type of Review: Extension of a
currently approved collection.
Affected Public: Private Sector: Notfor-profit institutions.
Estimated Number of Respondents: 5.
Estimated Annual Frequency: 1.2.
Estimated Annual Number of
Responses: 6.
Estimated Burden Hours per
Response: 3.42.
Estimated Total Annual Burden
Hours: 21.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
Reason for Change: Adjustments are
attributed to updated data since the
previous submission.
OMB Number: 3133–0184.
Title: Requirements for Insurance—
Interest Rate Risk Policy.
Abstract: Section 741.3(b)(5) of
NCUA’s rules and regulations requires
federally-insured credit unions (FICUs)
with assets of more than $50 million to
develop, as a prerequisites for
insurability of its member deposits, a
written interest rate risk management
policy and a program to effectively
implement the policy. The need for
FICU to have a written policy to
establish responsibilities and
procedures for identifying, measuring,
monitoring, controlling, and reporting,
and establishing risk limits are essential
components of safe and sound credit
union operations and to ensure the
security of the National Credit Union
Share Insurance Fund (NCUSIF).
Type of Review: Extension of a
currently approved collection.
Affected Public: Private Sector: Notfor-profit institutions.
Estimated Number of Respondents:
2,308.
Estimated Annual Frequency: 1.
Estimated Annual Number of
Responses: 2,308.
Estimated Burden Hours per
Response: 0.32.
Estimated Total Annual Burden
Hours: 735.
Reason for Change: Since the
promulgation of the rule, FICUs have an
established policy and program in place.
The majority of the burden is attributed
to recordkeeping requirements of
affected FICU. Additional adjustments
have been made to reflect the current
number of credit unions complying with
this rule.
Request for Comments: Comments
submitted in response to this notice will
be summarized and included in the
request for Office of Management and
Budget approval. All comments will
become a matter of public record. The
public is invited to submit comments
concerning: (a) Whether the collection
of information is necessary for the
proper execution of the function of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of the
information on the respondents,
including the use of automated
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
60219
collection techniques or other forms of
information technology.
By Gerard Poliquin, Secretary of the
Board, the National Credit Union
Administration, on December 14, 2017.
Dated: December 14, 2017.
Dawn D. Wolfgang,
NCUA PRA Clearance Officer.
[FR Doc. 2017–27254 Filed 12–18–17; 8:45 am]
BILLING CODE 7535–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–1113; License No. SNM–
1097; EA–17–090; NRC–2017–0234]
Global Nuclear Fuels—Americas,
L.L.C.
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
confirmatory order (Order) to Global
Nuclear Fuels—Americas, L.L.C., (the
licensee), confirming the agreement
reached in an Alternative Dispute
Resolution mediation session held on
October 25, 2017. This Order will
ensure the licensee restores compliance
with NRC’s regulations.
DATES: The Order was issued on
December 14, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0234 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0234. 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
SUMMARY:
E:\FR\FM\19DEN1.SGM
19DEN1
60220
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
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:
Scott Sparks, Region II, U.S. Nuclear
Regulatory Commission, Atlanta,
Georgia 30303–1257; telephone: 404–
997–4422; email: Scott.Sparks@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Atlanta, Georgia, this 14th day of
December 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–1113; License No. SNM–
1097; EA–17–090; NRC–2017–0234]
Global Nuclear Fuels—Americas, L.L.C.
In the Matter of Global Nuclear Fuels—
Americas, L.L.C.
Confirmatory Order (Effective Upon
Issuance)
I
Global Nuclear Fuels—Americas,
L.L.C. (GNF–A, or the licensee) is the
holder of NRC License No. SNM–1097,
issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to Part 70 of Title 10 of the
Code of Federal Regulations (10 CFR),
on May 19, 2009. The primary purpose
of the GNF–A facility is the manufacture
of fuel assemblies for commercial
nuclear reactors. Nuclear materials
enriched to less than or equal to 5
weight percent Uranium-235 are
utilized in the product manufacturing
operations authorized by the license.
The facility is located on the licensee’s
site in Wilmington, North Carolina.
This Confirmatory Order (CO) is the
result of an agreement reached during
an alternative dispute resolution (ADR)
mediation session conducted on
October 25, 2017.
sradovich on DSK3GMQ082PROD with NOTICES
II
NRC Inspection Report (IR) 70–1113/
2017–003, dated July 25, 2017,
documented a transportation incident
occurring in September of 2016, when
GNF–A made arrangements with a
private industrial contractor to ship a
dumpster of scrap metal piping to a
local metal recycling facility. On
September 29, 2016, the dumpster was
loaded onto a truck and shipped offsite
to a scrap metal recycling facility,
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
located approximately 15 minutes from
GNF–A. Prior to entering the recycling
facility, the shipment was checked by a
radiation portal monitor as part of the
normal receipt process of the scrap
metal recycling facility. The dumpster
of scrap metal piping from GNF–A
caused the radiation portal monitor to
alarm. The shipment was not allowed to
enter the scrap metal facility, and was
returned to GNF–A’s facility soon
thereafter that same day.
The NRC’s IR documented five
apparent violations (AVs). Three AVs
were considered for escalated
enforcement:
1. Failure to make or cause to be made
surveys of scrap metal piping prior to its
release and transportation as required
by 10 CFR 20.1501(a).
2. Failure to comply with applicable
Department of Transportation (DOT)
regulations appropriate to the mode of
transport of contaminated materials as
required per 10 CFR 71.5(a).
3. Failure to notify the NRC as
required by 10 CFR 20.1906(d)(1) when
removable radioactive surface
contamination exceeds the limits of 10
CFR 71.87(i).
Two additional non-escalated AVs
were also documented in the IR:
4. Failure to perform the monitoring
within 3 hours after receiving the
shipment back at the site as required by
10 CFR 20.1906(c).
5. Failure to maintain records of
surveys as required by 10 CFR
20.2103(a).
In response to the NRC’s inspection
report of July 25, 2017, GNF–A advised
the NRC of its desire to participate in
the Agency’s ADR program to resolve
the enforcement aspects of this matter.
III
On October 25, 2017, the NRC and
GNF–A met in an ADR session mediated
by a professional mediator, arranged
through Cornell University’s Institute on
Conflict Resolution. The ADR is a
process in which a neutral mediator
with no decision-making authority
assists the parties in reaching an
agreement or resolving any differences
regarding their dispute. This CO is
issued pursuant to the agreement
reached during the ADR process. The
elements of the agreement consist of the
following:
1. During the ADR, GNF–A expressed
agreement with the following four AVs:
(1) Failure to make or cause to be made
surveys of scrap metal piping prior to its
release and transportation as required
by 10 CFR 20.1501(a); (2) Failure to
comply with applicable Department of
Transportation (DOT) regulations
appropriate to the mode of transport of
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
contaminated materials as required per
10 CFR 71.5(a); (3) Failure to perform
the monitoring within 3 hours after
receiving the shipment back at the site
as required by 10 CFR 20.1906(c); (4)
Failure to maintain records of surveys as
required by 10 CFR 20.2103(a).
GNF–A raised reservations regarding
the AV associated with notifying the
NRC as required by 10 CFR
20.1906(d)(1). In particular, GNF–A
questioned whether the circumstances
of the contaminated scrap metal
required NRC notification per 10 CFR
20.1906(d)(1).
The NRC continues to conclude that
this issue represents a violation of 10
CFR 20.1906(d)(1).
At the ADR, the NRC and GNF–A
agreed to disagree regarding whether
this issue represents a violation of 10
CFR 20.1906(d)(1).
Consequently, within 30 days after
the issuance of the CO, GNF–A will
make a report to the NRC Operations
Center, pursuant to 10 CFR
20.1906(d)(1), stating that the NRC has
concluded that GNF–A received a
package on September 29, 2016, which
had removable radioactive surface
contamination on its external surfaces
that exceeded the applicable limits set
forth in 10 CFR 71.87(i). GNF–A will
make this report solely for the purposes
of reaching resolution at ADR because it
maintains that the removable
radioactive surface contamination on
the external surfaces of the package (an
open metal dumpster) and the
removable surface contamination on the
scrap pipes contained in the dumpster
did not exceed the applicable limits set
forth in 10 CFR 71.87(i).
2. The NRC views the safety
significance of three violations (i.e.,
failure to make surveys as required by
10 CFR 20.1501(a), failure to comply
with DOT regulations as required by 10
CFR 71.5(a), and failure to notify the
NRC as required by 10 CFR
20.1906(d)(1)) as interrelated to one
incident and consistent with a Severity
Level III problem in accordance with the
NRC Enforcement Policy.
The NRC views the safety significance
of two additional violations (i.e., failure
to perform the monitoring within 3
hours after receiving the shipment back
at the site as required by 10 CFR
20.1906(c), and failure to maintain
records of surveys as required by 10
CFR 20.2103(a)) as consistent with
Severity Level IV violations in
accordance with the NRC Enforcement
Policy.
Based on GNF–A’s view of the low
actual and potential safety significance
of the shipment, GNF–A does not
E:\FR\FM\19DEN1.SGM
19DEN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
believe the violations merited escalated
enforcement action.
3. Based on a review of the incident,
GNF–A completed a number of
corrective actions and enhancements to
preclude recurrence of the violations,
including but not limited to the
following:
a. GNF–A revised its procedures,
including, among others:
i. WI–27–105–05 ‘‘Control of
Radioactive Material,’’ to clarify survey
requirements for the release of
radioactive material; and
ii. WI–27–105–08 ‘‘Contamination
Measurement and Control,’’ to provide
clear instructions on contamination
surveys required.
b. GNF–A provided enhanced training
to the Radiation Protection Monitors to
include:
i. historical knowledge of facility
operations; and
ii. survey practices and the need to
select the proper survey instrument for
the type of contamination expected.
c. GNF–A revised the Senior
Radiological Engineer’s and the
Radiation Protection Manager’s
qualification cards to require training on
historical knowledge of facility
operations.
d. GNF–A augmented its
recordkeeping process to ensure
radiation protection survey records are
properly documented and maintained.
e. Senior management communicated
lessons learned from this event to the
GNF–A and Hitachi Nuclear Energy—
Americas, LLC (GEH–A) organizations.
f. GNF–A conducted a Root Cause
Analysis of the transportation incident.
g. GEH–A initiated a Nuclear Safety
Culture (NSC) assessment of the
Wilmington site. The assessment
included a survey, interviews, and data
trending to include a review of relevant
entries into the corrective action
program.
4. Based on GNF–A’s review of the
incident and NRC’s concerns with
respect to precluding recurrence of the
violations, GNF–A agreed to implement
the corrective actions and
enhancements delineated in Section V
of this CO.
5. Within 3 months of completion of
the terms of the CO, GNF–A shall
provide the NRC with a letter discussing
its basis for concluding that the CO has
been satisfied.
6. In consideration of GNF–A’s
completed corrective actions and
enhancements, and GNF–A’s
commitments delineated herein, the
NRC agrees to refrain from proposing a
civil penalty or issuing a Notice of
Violation for all AVs identified in NRC
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
Inspection Report 70–1113/2017–003
(EA–17–090).
7. The NRC and GNF–A agree that the
above elements shall be incorporated
into a CO.
8. This agreement is binding upon
successors and assigns of GNF–A.
On December 7, 2017, GNF–A
consented to issuance of this CO with
the commitments, as described in
Section V below. GNF–A further agreed
that this CO is to be effective upon
issuance and that it has waived its right
to a hearing.
IV
Because GNF–A has taken corrective
actions to address NRC concerns, as set
forth in Section III above, and has
agreed to take additional corrective
actions as set forth in Section V below,
the NRC has concluded that its concerns
can be resolved through issuance of this
CO.
I find that GNF–A’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
GNF–A’s commitments be confirmed by
this CO. Based on the above and GNF–
A’s consent, this CO is effective upon
issuance.
V
Accordingly, pursuant to Sections
104b., 161b., 161i., 161o., 182, and 186
of the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202 and 10 CFR
part 70, it is hereby ordered, that license
No. SNM–1097 be modified as follows:
1. Consistent with paragraph III (1)
above, within thirty (30) days after the
issuance of the CO, GNF–A will make
a report to the NRC Operations Center,
pursuant to 10 CFR 20.1906(d)(1),
stating that the NRC has concluded that
GNF–A received a package on
September 29, 2016, which had
removable radioactive surface
contamination on its external surfaces
that exceeded the applicable limits set
forth in 10 CFR 71.87(i).
2. Within one (1) year after issuance
of the CO, GNF–A shall install a vehicle
portal monitor with a sensitivity to
detect vehicle surface radiation levels
specified in 10 CFR 20.1301(a)(2). GNF–
A agrees to continue to perform surveys
for unrestricted release in accordance
with the License Application Section
1.3.2. Procedures shall be developed
and implemented to ensure that all nonmanifested vehicle shipments from the
Controlled Access Area are monitored
and to validate, investigate, and to
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
60221
respond to alarms prior to releasing
shipments off-site. Once installed, if for
any reason the vehicle portal monitor is
not available, compensatory measures
shall be taken by GNF–A to detect nonmanifested vehicle shipments in excess
of radiation levels of 10 CFR
20.1301(a)(2).
3. Within sixty (60) days of issuance
of the CO, or within 60 days of
completion of the NSC assessment
referenced in Section III.3.g, whichever
is later, GNF–A shall make the results
of the assessment available to the NRC
for review.
4. Approximately two (2) years (+/¥6
months) after issuance of the CO, GNF–
A shall conduct a NSC assessment of the
GNF–A organization by a third party
independent of GNF–A who is
experienced with NRC nuclear safety
culture and safety conscious work
environment policies. GNF–A shall
compare the results of this assessment
to the results of the assessment
performed under Section III.3.g of this
CO in an effort to identify trends.
Corrective actions arising from the
assessment and comparison will be
entered into the corrective action
program and tracked to completion.
GNF–A shall make results of the final
assessment and comparison available to
the NRC for review.
5. Within nine (9) months of issuance
of the CO, GNF–A shall augment, with
the assistance of an individual
independent of GNF–A who is
experienced with NRC nuclear safety
culture and safety conscious work
environment policies, its existing
training for all workers with unescorted
access to the GNF–A Controlled Access
Area, that reinforces nuclear safety
culture traits emphasizing questioning
attitude, problem identification,
effective corrective actions, and
effective self-assessment. Training
records shall be retained consistent with
applicable GNF–A record retention
policies and shall be made available to
the NRC upon request. New employees
shall complete the training prior to the
granting of unescorted access to GNF–A.
This training shall be provided on an
annual basis, for at least three years after
issuance of the CO.
6. Within one (1) year after the
issuance of the CO, GNF–A shall
conduct a benchmark assessment of the
GNF–A Radiation Protection Program
(RPP) with at least two external RPP
organizations in the Fuel Cycle
industry, to identify and implement, as
GNF–A deems appropriate, best
practices and enhancements to increase
the effectiveness of its RP program. The
benchmark assessment shall be
performed by an individual or entity
E:\FR\FM\19DEN1.SGM
19DEN1
60222
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
experienced in Institute of Nuclear
Power Operations (INPO) radiation
protection standards, and the
assessment shall be made available for
NRC review.
7. Within one (1) year after issuance
of the CO, GNF–A shall expand its
Difference of Professional Opinion
process to include all technical safety
matters related to GNF–A licensed
activities.
8. Within one (1) year of issuance of
the CO, existing GNF–A supervisors
engaged in licensed facility (SNM–1097)
activities, as of the date of issuance of
the CO, will complete initial Front Line
Supervisor Nuclear Safety Leadership
training, which will be informed by
INPO 04–003, Guidelines for Effective
Nuclear Supervisor Performance. For a
period of 3 years after issuance of the
CO, new GNF–A frontline supervisors
engaged in licensed facility (SNM–1097)
activities shall complete this training
within 6 months of assuming
supervisory responsibilities. GNF–A
shall make the training materials
available to the NRC for review.
9. Within three (3) months of
completion of the terms of the CO,
GNF–A shall provide the NRC with a
letter discussing its basis for concluding
that the CO has been satisfied.
The Regional Administrator, Region
II, may relax or rescind, in writing, any
of the above conditions upon a showing
by GNF–A of good cause.
VI
In accordance with 10 CFR 2.202 and
10 CFR 2.309, any person adversely
affected by this CO, other than GNF–A,
may request a hearing within 30
calendar days of the date of issuance of
this CO. 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 and petition for
leave to intervene (petition), 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 that
request to participate 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 EFiling process requires participants to
submit and serve all adjudicatory
VerDate Sep<11>2014
17:47 Dec 18, 2017
Jkt 244001
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/site-help/
e-submittals.html. 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 e-mail 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 website 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 website 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,
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
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 website 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 stating why there is good cause for
not filing electronically and 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, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents 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://
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
E:\FR\FM\19DEN1.SGM
19DEN1
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
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
personal 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.
If a person (other than GNF–A)
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this CO and shall address the criteria
set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this CO 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 CO 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 Atlanta, Georgia, this 14th day of
December, 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
[FR Doc. 2017–27294 Filed 12–18–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES
[NRC–2017–0232]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
17:47 Dec 18, 2017
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Nuclear Regulatory
Commission.
ACTION: Biweekly notice.
AGENCY:
VerDate Sep<11>2014
Pursuant to Section 189a. (2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular biweekly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued, and
grants the Commission the authority to
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued, from November
18, 2017, to December 4, 2017. The last
biweekly notice was published on
December 5, 2017.
DATES: Comments must be filed by
January 18, 2018. A request for a hearing
must be filed by February 20, 2018.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0232. 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.
• Mail comments to: May Ma, Office
of Administration, Mail Stop: OWFN–2–
A13, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Janet Burkhardt, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1384, email: Janet.Burkhardt@nrc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Please refer to Docket ID NRC–2017–
0232, facility name, unit number(s),
plant docket number, application date,
Jkt 244001
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
60223
and subject when contacting the NRC
about the availability of information for
this action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0232.
• 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.
B. Submitting Comments
Please include Docket ID NRC–2017–
0232, facility name, unit number(s),
plant docket number, application date,
and subject in your comment
submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60219-60223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27294]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1113; License No. SNM-1097; EA-17-090; NRC-2017-0234]
Global Nuclear Fuels--Americas, L.L.C.
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order (Order) to Global Nuclear Fuels--Americas, L.L.C.,
(the licensee), confirming the agreement reached in an Alternative
Dispute Resolution mediation session held on October 25, 2017. This
Order will ensure the licensee restores compliance with NRC's
regulations.
DATES: The Order was issued on December 14, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0234 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0234. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 [email protected]. The
ADAMS accession number for each
[[Page 60220]]
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: Scott Sparks, Region II, U.S. Nuclear
Regulatory Commission, Atlanta, Georgia 30303-1257; telephone: 404-997-
4422; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Atlanta, Georgia, this 14th day of December 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1113; License No. SNM-1097; EA-17-090; NRC-2017-0234]
Global Nuclear Fuels--Americas, L.L.C.
In the Matter of Global Nuclear Fuels--Americas, L.L.C.
Confirmatory Order (Effective Upon Issuance)
I
Global Nuclear Fuels--Americas, L.L.C. (GNF-A, or the licensee) is
the holder of NRC License No. SNM-1097, issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 70 of Title
10 of the Code of Federal Regulations (10 CFR), on May 19, 2009. The
primary purpose of the GNF-A facility is the manufacture of fuel
assemblies for commercial nuclear reactors. Nuclear materials enriched
to less than or equal to 5 weight percent Uranium-235 are utilized in
the product manufacturing operations authorized by the license. The
facility is located on the licensee's site in Wilmington, North
Carolina.
This Confirmatory Order (CO) is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on October 25, 2017.
II
NRC Inspection Report (IR) 70-1113/2017-003, dated July 25, 2017,
documented a transportation incident occurring in September of 2016,
when GNF-A made arrangements with a private industrial contractor to
ship a dumpster of scrap metal piping to a local metal recycling
facility. On September 29, 2016, the dumpster was loaded onto a truck
and shipped offsite to a scrap metal recycling facility, located
approximately 15 minutes from GNF-A. Prior to entering the recycling
facility, the shipment was checked by a radiation portal monitor as
part of the normal receipt process of the scrap metal recycling
facility. The dumpster of scrap metal piping from GNF-A caused the
radiation portal monitor to alarm. The shipment was not allowed to
enter the scrap metal facility, and was returned to GNF-A's facility
soon thereafter that same day.
The NRC's IR documented five apparent violations (AVs). Three AVs
were considered for escalated enforcement:
1. Failure to make or cause to be made surveys of scrap metal
piping prior to its release and transportation as required by 10 CFR
20.1501(a).
2. Failure to comply with applicable Department of Transportation
(DOT) regulations appropriate to the mode of transport of contaminated
materials as required per 10 CFR 71.5(a).
3. Failure to notify the NRC as required by 10 CFR 20.1906(d)(1)
when removable radioactive surface contamination exceeds the limits of
10 CFR 71.87(i).
Two additional non-escalated AVs were also documented in the IR:
4. Failure to perform the monitoring within 3 hours after receiving
the shipment back at the site as required by 10 CFR 20.1906(c).
5. Failure to maintain records of surveys as required by 10 CFR
20.2103(a).
In response to the NRC's inspection report of July 25, 2017, GNF-A
advised the NRC of its desire to participate in the Agency's ADR
program to resolve the enforcement aspects of this matter.
III
On October 25, 2017, the NRC and GNF-A met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. The ADR is a process in
which a neutral mediator with no decision-making authority assists the
parties in reaching an agreement or resolving any differences regarding
their dispute. This CO is issued pursuant to the agreement reached
during the ADR process. The elements of the agreement consist of the
following:
1. During the ADR, GNF-A expressed agreement with the following
four AVs: (1) Failure to make or cause to be made surveys of scrap
metal piping prior to its release and transportation as required by 10
CFR 20.1501(a); (2) Failure to comply with applicable Department of
Transportation (DOT) regulations appropriate to the mode of transport
of contaminated materials as required per 10 CFR 71.5(a); (3) Failure
to perform the monitoring within 3 hours after receiving the shipment
back at the site as required by 10 CFR 20.1906(c); (4) Failure to
maintain records of surveys as required by 10 CFR 20.2103(a).
GNF-A raised reservations regarding the AV associated with
notifying the NRC as required by 10 CFR 20.1906(d)(1). In particular,
GNF-A questioned whether the circumstances of the contaminated scrap
metal required NRC notification per 10 CFR 20.1906(d)(1).
The NRC continues to conclude that this issue represents a
violation of 10 CFR 20.1906(d)(1).
At the ADR, the NRC and GNF-A agreed to disagree regarding whether
this issue represents a violation of 10 CFR 20.1906(d)(1).
Consequently, within 30 days after the issuance of the CO, GNF-A
will make a report to the NRC Operations Center, pursuant to 10 CFR
20.1906(d)(1), stating that the NRC has concluded that GNF-A received a
package on September 29, 2016, which had removable radioactive surface
contamination on its external surfaces that exceeded the applicable
limits set forth in 10 CFR 71.87(i). GNF-A will make this report solely
for the purposes of reaching resolution at ADR because it maintains
that the removable radioactive surface contamination on the external
surfaces of the package (an open metal dumpster) and the removable
surface contamination on the scrap pipes contained in the dumpster did
not exceed the applicable limits set forth in 10 CFR 71.87(i).
2. The NRC views the safety significance of three violations (i.e.,
failure to make surveys as required by 10 CFR 20.1501(a), failure to
comply with DOT regulations as required by 10 CFR 71.5(a), and failure
to notify the NRC as required by 10 CFR 20.1906(d)(1)) as interrelated
to one incident and consistent with a Severity Level III problem in
accordance with the NRC Enforcement Policy.
The NRC views the safety significance of two additional violations
(i.e., failure to perform the monitoring within 3 hours after receiving
the shipment back at the site as required by 10 CFR 20.1906(c), and
failure to maintain records of surveys as required by 10 CFR
20.2103(a)) as consistent with Severity Level IV violations in
accordance with the NRC Enforcement Policy.
Based on GNF-A's view of the low actual and potential safety
significance of the shipment, GNF-A does not
[[Page 60221]]
believe the violations merited escalated enforcement action.
3. Based on a review of the incident, GNF-A completed a number of
corrective actions and enhancements to preclude recurrence of the
violations, including but not limited to the following:
a. GNF-A revised its procedures, including, among others:
i. WI-27-105-05 ``Control of Radioactive Material,'' to clarify
survey requirements for the release of radioactive material; and
ii. WI-27-105-08 ``Contamination Measurement and Control,'' to
provide clear instructions on contamination surveys required.
b. GNF-A provided enhanced training to the Radiation Protection
Monitors to include:
i. historical knowledge of facility operations; and
ii. survey practices and the need to select the proper survey
instrument for the type of contamination expected.
c. GNF-A revised the Senior Radiological Engineer's and the
Radiation Protection Manager's qualification cards to require training
on historical knowledge of facility operations.
d. GNF-A augmented its recordkeeping process to ensure radiation
protection survey records are properly documented and maintained.
e. Senior management communicated lessons learned from this event
to the GNF-A and Hitachi Nuclear Energy--Americas, LLC (GEH-A)
organizations.
f. GNF-A conducted a Root Cause Analysis of the transportation
incident.
g. GEH-A initiated a Nuclear Safety Culture (NSC) assessment of the
Wilmington site. The assessment included a survey, interviews, and data
trending to include a review of relevant entries into the corrective
action program.
4. Based on GNF-A's review of the incident and NRC's concerns with
respect to precluding recurrence of the violations, GNF-A agreed to
implement the corrective actions and enhancements delineated in Section
V of this CO.
5. Within 3 months of completion of the terms of the CO, GNF-A
shall provide the NRC with a letter discussing its basis for concluding
that the CO has been satisfied.
6. In consideration of GNF-A's completed corrective actions and
enhancements, and GNF-A's commitments delineated herein, the NRC agrees
to refrain from proposing a civil penalty or issuing a Notice of
Violation for all AVs identified in NRC Inspection Report 70-1113/2017-
003 (EA-17-090).
7. The NRC and GNF-A agree that the above elements shall be
incorporated into a CO.
8. This agreement is binding upon successors and assigns of GNF-A.
On December 7, 2017, GNF-A consented to issuance of this CO with
the commitments, as described in Section V below. GNF-A further agreed
that this CO is to be effective upon issuance and that it has waived
its right to a hearing.
IV
Because GNF-A has taken corrective actions to address NRC concerns,
as set forth in Section III above, and has agreed to take additional
corrective actions as set forth in Section V below, the NRC has
concluded that its concerns can be resolved through issuance of this
CO.
I find that GNF-A'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
GNF-A's commitments be confirmed by this CO. Based on the above and
GNF-A's consent, this CO is effective upon issuance.
V
Accordingly, pursuant to Sections 104b., 161b., 161i., 161o., 182,
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR part 70, it is
hereby ordered, that license No. SNM-1097 be modified as follows:
1. Consistent with paragraph III (1) above, within thirty (30) days
after the issuance of the CO, GNF-A will make a report to the NRC
Operations Center, pursuant to 10 CFR 20.1906(d)(1), stating that the
NRC has concluded that GNF-A received a package on September 29, 2016,
which had removable radioactive surface contamination on its external
surfaces that exceeded the applicable limits set forth in 10 CFR
71.87(i).
2. Within one (1) year after issuance of the CO, GNF-A shall
install a vehicle portal monitor with a sensitivity to detect vehicle
surface radiation levels specified in 10 CFR 20.1301(a)(2). GNF-A
agrees to continue to perform surveys for unrestricted release in
accordance with the License Application Section 1.3.2. Procedures shall
be developed and implemented to ensure that all non-manifested vehicle
shipments from the Controlled Access Area are monitored and to
validate, investigate, and to respond to alarms prior to releasing
shipments off-site. Once installed, if for any reason the vehicle
portal monitor is not available, compensatory measures shall be taken
by GNF-A to detect non-manifested vehicle shipments in excess of
radiation levels of 10 CFR 20.1301(a)(2).
3. Within sixty (60) days of issuance of the CO, or within 60 days
of completion of the NSC assessment referenced in Section III.3.g,
whichever is later, GNF-A shall make the results of the assessment
available to the NRC for review.
4. Approximately two (2) years (+/-6 months) after issuance of the
CO, GNF-A shall conduct a NSC assessment of the GNF-A organization by a
third party independent of GNF-A who is experienced with NRC nuclear
safety culture and safety conscious work environment policies. GNF-A
shall compare the results of this assessment to the results of the
assessment performed under Section III.3.g of this CO in an effort to
identify trends. Corrective actions arising from the assessment and
comparison will be entered into the corrective action program and
tracked to completion. GNF-A shall make results of the final assessment
and comparison available to the NRC for review.
5. Within nine (9) months of issuance of the CO, GNF-A shall
augment, with the assistance of an individual independent of GNF-A who
is experienced with NRC nuclear safety culture and safety conscious
work environment policies, its existing training for all workers with
unescorted access to the GNF-A Controlled Access Area, that reinforces
nuclear safety culture traits emphasizing questioning attitude, problem
identification, effective corrective actions, and effective self-
assessment. Training records shall be retained consistent with
applicable GNF-A record retention policies and shall be made available
to the NRC upon request. New employees shall complete the training
prior to the granting of unescorted access to GNF-A. This training
shall be provided on an annual basis, for at least three years after
issuance of the CO.
6. Within one (1) year after the issuance of the CO, GNF-A shall
conduct a benchmark assessment of the GNF-A Radiation Protection
Program (RPP) with at least two external RPP organizations in the Fuel
Cycle industry, to identify and implement, as GNF-A deems appropriate,
best practices and enhancements to increase the effectiveness of its RP
program. The benchmark assessment shall be performed by an individual
or entity
[[Page 60222]]
experienced in Institute of Nuclear Power Operations (INPO) radiation
protection standards, and the assessment shall be made available for
NRC review.
7. Within one (1) year after issuance of the CO, GNF-A shall expand
its Difference of Professional Opinion process to include all technical
safety matters related to GNF-A licensed activities.
8. Within one (1) year of issuance of the CO, existing GNF-A
supervisors engaged in licensed facility (SNM-1097) activities, as of
the date of issuance of the CO, will complete initial Front Line
Supervisor Nuclear Safety Leadership training, which will be informed
by INPO 04-003, Guidelines for Effective Nuclear Supervisor
Performance. For a period of 3 years after issuance of the CO, new GNF-
A frontline supervisors engaged in licensed facility (SNM-1097)
activities shall complete this training within 6 months of assuming
supervisory responsibilities. GNF-A shall make the training materials
available to the NRC for review.
9. Within three (3) months of completion of the terms of the CO,
GNF-A shall provide the NRC with a letter discussing its basis for
concluding that the CO has been satisfied.
The Regional Administrator, Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by GNF-A of good
cause.
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this CO, other than GNF-A, may request a hearing
within 30 calendar days of the date of issuance of this CO. 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 and petition for leave to intervene (petition), 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 that request to
participate 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. 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 e-mail at [email protected], 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 website 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 website 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[dash]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[dash]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 website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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://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
[[Page 60223]]
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 personal 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.
If a person (other than GNF-A) requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this CO and shall address the criteria set forth
in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this CO 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 CO 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 Atlanta, Georgia, this 14th day of December, 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
[FR Doc. 2017-27294 Filed 12-18-17; 8:45 am]
BILLING CODE 7590-01-P
