In the Matter of Southern Nuclear Operating Company, 65426-65431 [2019-25709]
Download as PDF
<![CDATA[
65426
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
copy of ER is available for public review
at the Hedberg Public Library, 316
South Main Street, Janesville,
Wisconsin 53545.
When a FEIS has been prepared in
connection with the issuance of a
construction permit for a production or
utilization facility, the NRC is required
to prepare a supplement to the FEIS on
the construction permit in connection
with the issuance of an operating
license in accordance with 10 CFR
51.95(b). The supplement will only
cover matters that differ from the final
environmental impact statement or that
reflect significant new information
concerning matters discussed in the
final environmental impact statement.
The NRC will first conduct scoping
and will then prepare a draft
supplement for public comment.
Participation in the scoping process by
members of the public and local, State,
Tribal, and Federal government agencies
is encouraged. The scoping process will
be used to accomplish the following:
a. Define the proposed action;
b. Determine the scope and identify
the significant issues to be analyzed in
depth;
c. Identify and eliminate from
detailed study those issues that are
peripheral or are not significant; or were
covered by a prior environmental
review;
d. Identify any environmental
assessments and other ElSs that are
being or will be prepared that are
related to, but are not part of, the scope
of the supplement being considered;
e. Identify other environmental
review and consultation requirements
related to the proposed action;
f. Indicate the relationship between
the timing of the preparation of the
environmental analyses and the
Commission’s tentative planning and
decision-making schedule;
g. Identify any cooperating agencies
and, as appropriate, allocate
assignments for preparation and
schedules for completing the
supplement; and
h. Describe how the supplement will
be prepared, including any contractor
assistance to be used.
The NRC invites the following entities
to participate in scoping:
a. The applicant, SHINE;
b. Any Federal agency that has
jurisdiction by law or special expertise
with respect to any environmental
impact involved or that is authorized to
develop and enforce relevant
environmental standards;
c. Affected State and local
government agencies, including those
authorized to develop and enforce
relevant environmental standards;
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
d. Any affected Indian Tribe;
e. Any person who requests or has
requested an opportunity to participate
in the scoping process; and
f. Any person who has petitioned or
intends to petition for leave to intervene
under 10 CFR 2.309.
IV. Public Scoping Meeting
In accordance with 10 CFR 51.26, the
scoping process may include a public
scoping meeting to help identify
significant issues related to a proposed
activity and to determine the scope of
issues to be addressed. The NRC will
hold a public scoping meeting for the
SHINE environmental review on
December 12, 2019, from 6:00 p.m. to
8:00 p.m. at The Celtic House at Glen
Erin Golf Club, 1417 W Airport Rd.,
Janesville, WI 53546. There will be an
open house one hour before the meeting
for members of the public to meet with
the NRC staff and sign in to speak at the
meeting.
The meeting will be transcribed and
will include: (1) An overview by the
NRC staff of the safety and NEPA
environmental review processes, the
proposed scope of the supplement to the
FEIS; and (2) the opportunity for
interested government agencies,
organizations, and individuals to submit
comments or suggestions on the
environmental issues or the proposed
scope. The main objectives of this
meeting are to describe the
environmental review process and
receive public comments on the
appropriate scope and content to be
considered in the staff’s review. To be
considered, comments must be provided
either at the transcribed public meeting
or in writing, as discussed in the
ADDRESSES section of this document.
Persons may register to attend or
present oral comments at the meeting on
the scope of the NEPA review by
contacting the NRC Environmental
Project Manager, Ms. Jennifer Davis, by
telephone at 301–415–3835, or by email
at Jennifer.Davis@nrc.gov no later than
December 5, 2019. Members of the
public may also register to speak during
the registration period prior to the start
of the meeting. Individual oral
comments may be limited by the time
available, depending on the number of
persons who register. Members of the
public who have not registered may also
have an opportunity to speak if time
permits. Public comments will be
considered in the scoping process for
the SHINE environmental review. Please
contact Ms. Davis no later than
December 5, 2019, if accommodations or
special equipment is needed to attend or
present information at the public
meeting, so that the NRC staff can
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
determine whether the request can be
accommodated.
Participation in the scoping process
does not entitle participants to become
parties to the proceeding to which the
supplement relates. Matters related to
participation in any hearing are outside
the scope of matters to be discussed at
this public meeting.
Dated at Rockville, Maryland, this 22nd
day of November 2019.
For the Nuclear Regulatory Commission.
Robert B. Elliott,
Chief, Environmental Review License Renewal
Branch, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2019–25788 Filed 11–26–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. EA–18–130; NRC–2019–0232]
In the Matter of Southern Nuclear
Operating Company
Nuclear Regulatory
Commission.
ACTION: Confirmatory Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
Confirmatory Order to Southern Nuclear
Operating Company (SNC). This action
is based on two investigations
conducted by the NRC Office of
Investigations (OI), that apparent willful
violations of NRC’s regulations
regarding ‘‘Employee Protection,’’
occurred. Specifically, two contract
employees at Vogtle Units 3 and 4 were
terminated from employment in 2016
and 2017, respectively. The NRC
determined that these terminations
were, in part, because the contract
employees engaged in protected
activity. An ADR mediation session was
held on August 5, 2019, with SNC, and
a preliminary settlement agreement was
reached. Subsequently, SNC consented
to the specific actions listed in section
V of the Confirmatory Order and the
NRC agrees to no pursue any further
enforcement action in connection with
this apparent violation. The
Confirmatory Order becomes effective
upon issuance.
DATES: The Confirmatory Order
containing the agreements made
between SNC and the NRC was issued
on November 20, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2019–0232 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
SUMMARY:
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
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–2019–0232. Address
questions about NRC docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@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
‘‘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 Confirmatory Order is
available in ADAMS under Accession
No. ML19269C005.
• 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:
Catherine Thompson, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–287–9515, email:
Catherine.Thompson@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Confirmatory Order is attached.
Dated at Rockville, Maryland, this 21st day
of November 2019.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment—Confirmatory Order
Prohibiting Involvement in NRCLicensed Activities
United States of America
Nuclear Regulatory Commission
In the Matter of Southern Nuclear
Operating Company; Vogtle Electric
Generating Plant, Units 3 and 4
Docket No.: 5200025, 5200026; License
No.: NPF–91, NPF–92; EA–18–130 and
EA–18–171
Confirmatory Order Modifying License
Effective Upon Issuance
I
Southern Nuclear Operating Company
(SNC or Licensee) is the holder of
License Nos. NPF–2, NPF–8, DPR–57,
NPF–5, NPF–68, NPF–81, and
Combined Licenses NPF–91 and NPF–
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
92, issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) pursuant to Part 50 and
Part 52 of Title 10 of the Code of Federal
Regulations (10 CFR). The licenses
authorize the operation of the Joseph M.
Farley, Nuclear Plant Units 1 and 2, the
Edwin I. Hatch Nuclear Plant, Units 1
and 2, the Vogtle Electric Generating
Plant, Units 1 and 2, and the combined
construction and operation of Vogtle
Electric Generating Plant, Units 3 and 4
(Vogtle), in accordance with conditions
specified therein. These facilities are
located in Columbia, Alabama; Baxley,
Georgia; and Waynesboro, Georgia,
respectively.
This Confirmatory Order (CO) is the
result of an agreement reached during
an Alternative Dispute Resolution
(ADR) mediation session conducted on
August 5, 2019 in Rockville, Maryland
to address two apparent violations. The
NRC and SNC agree to disagree as to
whether the violations occurred.
II
On February 13, 2018, the NRC, Office
of Investigations (OI), issued a report (2–
2017–004) related to SNC Vogtle Units
3 and 4, currently under construction.
Based on the evidence developed during
its investigation, the NRC identified an
apparent violation of 10 CFR 52.5,
‘‘Employee Protection,’’ and determined
that the apparent violation of 10 CFR
52.5 was willful. The NRC determined
that SNC directed a contract employee
at the Vogtle Units 3 and 4 construction
site be removed in December 2015, in
part, for engaging in protected activity.
The contract employee was
subsequently terminated by his
employer on February 3, 2016. By letter
dated May 15, 2019, the NRC notified
SNC of the results of the investigation
with an opportunity to: (1) Attend a
predecisional enforcement conference
or (2) participate in an ADR mediation
session in an effort to resolve this
concern.
On November 20, 2018, the NRC,
Office of Investigations (OI), issued a
report (2–2017–032) related to SNC,
Vogtle Units 3 and 4, currently under
construction. Based on the evidence
developed during its investigation, the
NRC identified an apparent violation of
10 CFR 52.5, ‘‘Employee Protection,’’
and determined that the apparent
violation of 10 CFR 52.5 was willful.
The NRC determined that a contract
employee was removed from the site by
an SNC official on July 13, 2017, in part,
for engaging in protected activity when
he was employed by a different
contractor on the site from 2014–2015.
The contract employee was
subsequently terminated by his
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
65427
employer on July 14, 2017. By letter
dated June 12, 2019, the NRC notified
SNC of the results of the investigation
with an opportunity to: (1) Attend a
predecisional enforcement conference
or (2) participate in an ADR mediation
session in an effort to resolve this
concern.
In response to the NRC’s offers, SNC
requested the use of the NRC’s ADR
process. In recognition of the
substantially similar broad corrective
actions expected from the two cases, the
NRC and SNC agreed to include both
cases in this mediation. On August 5,
2019 the NRC and SNC 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 their attempt to reach an
agreement on resolving any differences
regarding the dispute. This
Confirmatory Order is issued pursuant
to the agreement reached during the
August 5, 2019 mediation.
III
During the ADR mediation session,
SNC and the NRC reached a preliminary
settlement agreement. The elements of
the agreement included: (1) Corrective
actions that SNC has already completed
to improve the nuclear safety culture
(NSC) and safety conscious work
environment (SCWE) at the site
(provided to the NRC at the August 5,
2019 ADR mediation session); (2) agreed
upon future actions; and (3) general
provisions.
Previously Completed Corrective
Actions
1. Implemented the One Project
Employee Concerns Program (One
Project ECP):
a. Consolidated all individuals on the
construction site under the One Project
ECP. SNC’s One Project ECP manages
the intake of all construction concerns,
investigations, referrals when necessary
and tracking of associated corrective
actions.
b. Expanded the scope of the One
Project ECP. One Project ECP reviews a
range of concerns broader than those
explicitly described as nuclear safety
concerns. This builds trust with the
construction site population, as well as
helps identify issues that might not
appear to be nuclear safety concerns but
either become nuclear safety concerns
or have some tie to a nuclear safety
concern.
c. One Project ECP has expanded ECP
staff to have representatives available
E:\FR\FM\27NON1.SGM
27NON1
65428
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
for at least 3 hours during the night
shift.
2. Implemented a single project-wide
Corrective Action Program which
provides for SNC ownership of all
Corrective Action Program activities on
the project.
3. Implemented a Discipline Review
Process for construction contractors to
require review of certain terminations
for potential SCWE issues. Additional
oversight by SNC HR of Contractors’
implementation of the Discipline
Review Process was added in December
2018 as a result of CR# 50009752.
4. Enhanced the presence and
visibility of ECP in the field. SNC ECP
provides SCWE training to contractor
employees during onboarding. ECP
personnel spend time in the field,
handing out cards, discussing the
program and locations, assessing SCWE
knowledge, and educating when
necessary.
5. Project and Leadership Reset
conducted on July 25, 2018, with the
expectation that employees, contractors
and leaders on the Vogtle 3 and 4
project site read and sign a
‘‘Recommitment to Project
Expectations’’ and ‘‘Recommitment to
Leadership Expectations,’’ respectively,
which included ‘‘My behaviors will
demonstrate and support a strong
nuclear safety culture and an
environment for raising concerns.’’
6. SNC SCWE policy was updated on
October 22, 2018, to explicitly state that
violations of the policy may result in
termination; dismissal of contracted
third-party representatives; cancellation
of contracts or service-level agreements;
loss of access or other privileges; barring
individuals from access to facilities,
property or any system or network
owned or controlled by the Company or
its affiliates.
Agreed Upon Future Actions
1. Employee Concerns Program (ECP)
a. SNC-Fleet Wide (FW) will maintain
an ECP for plants authorized to operate
(fleet-wide ECP) (see Attachment) in
substantially the same form as SNC
Policy 701, ‘‘Employee Concerns
Program,’’ revised 02/2017.
b. SNC-Vogtle 3 and 4 (V) will
maintain the existing Vogtle 3 and 4
One Project ECP through commercial
operation of each unit, or until such
time that SNC determines transition to
fleet-wide ECP is warranted.
2. Adverse Action Review Processes
a. SNC–FW/V 1 will maintain a review
process covering significant adverse
1 SNC–FW/V refers to both SNC’s entire operating
fleet and Vogtle Units 3 and 4 (see Attachment).
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
actions (termination or suspension)
taken by SNC with respect to SNC
employees which requires consideration
of protected activity, if any, prior to
taking the significant adverse action.
b. SNC–V will maintain a Discipline
Review Process (DRP), applicable to
SNC contractors or subcontractors
(collectively ‘‘contractors’’) at the Vogtle
3 and 4 Project site who are engaged in
nuclear safety related work. Contractors
must follow this process when
termination is under consideration. This
process also applies to SNC when (1)
SNC requests removal of a contractor
employee from the Vogtle 3 and 4
Project pursuant to contractual rights,
and (2) when SNC releases from the
Vogtle Project a supplemental worker
assigned to support SNC. SNC may
allow for exceptions to the DRP in the
following instances: Terminations
related to Part 26 FFD or Site Access
failures; reduction in force (RIF)-related
terminations; any action dictated by a
collective bargaining (or similar)
agreement applicable to contractor
employees; violations of project work
rules which do not depend on
supervisory discretion; and end of
assignment releases.
c. In the event the results of the
review process in 2a. or 2b. reveal a
SCWE policy violation that is
substantiated by the SNC–FW/V
Compliance and Concerns organization,
corrective actions arising from that
violation which may include discipline
will be tracked and confirmed as
completed by the SNC Compliance and
Concerns organization.
3. Training
a. Within four (4) months of issuance
of this confirmatory order, and until
three (3) years thereafter, SNC-FW/V
will require all SNC employees who are
onboarding to complete SCWE training,
including training on 10 CFR 50.7, 10
CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4,
definition of adverse action as it appears
in the RIS 2005–18, and acknowledge
the SNC SCWE policy within two (2)
months of reporting to work.
b. Within four (4) months of issuance
of this confirmatory order, SNC–V will
provide SCWE training to management
in the Vogtle 3 and 4 Project site.
Lessons learned from these issues will
be included in the training materials.
The management covered by this item
includes superintendents, managers and
above (both contractors and SNC) up to
and including the project executive vice
president, who are in those roles as of
the date that is three (3) months after the
issuance of this confirmatory order.
Such training shall be developed by a
third party with experience in the area
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
of employee protection and shall
include training on 10 CFR 50.7, 10 CFR
52.5, 10 CFR 50.5, and 10 CFR 52.4, the
definition of adverse action as it appears
in the RIS 2005–18, and relevant case
studies.
c. Beginning no later than two (2)
months of issuance of this confirmatory
order, and until three (3) years
thereafter, SNC will require all new
SNC-FW/V supervisors (a leader
responsible for performance
management and work direction for
individual contributors) to receive
SCWE training within six (6) months of
their beginning work as a supervisor at
SNC.
d. Within six (6) months of issuance
of this confirmatory order, SNC-FW/V
will review and make appropriate
revisions to include SCWE with its
construction and fleet General
Employee Training (GET) program, or
successor training, to ensure adequate
coverage of 10 CFR 50.7, 10 CFR 52.5,
10 CFR 50.5, and 10 CFR 52.4. Lessons
learned from these or similar issues will
be identified and addressed in these
training materials.
4. Other Activities
a. Within twelve (12) months from the
issuance of this confirmatory order, SNC
will deliver a presentation to provide
SCWE insights that were derived from
these events to present at an appropriate
industry-sharing forum (e.g., the NRC’s
Regulatory Information Conference, the
National Association of Employee
Concerns Professionals). The
presentation shall be made available for
NRC review.
b. Within three (3) months of issuance
of this confirmatory order, SNC-FW will
revise the SCWE policy to address
lessons learned from these issues.
c. Within three (3) months of issuance
of this confirmatory order, a senior SNC
executive will issue a written
communication to all SNC-FW/V
employees and to contractors at the
Vogtle 3 and 4 project site reinforcing
SNC’s commitment to maintaining a
SCWE and reaffirming SNC’s insistence
upon the protection of employees’ rights
and obligations to raise safety issues
without fear of retaliation. SNC-FW/V
will mandate that SNC first line leaders
and construction management
(superintendents and above) inform
their reports of the contents of the
communication.
d. Within six (6) months of issuance
of this confirmatory order, SNC–V will
obtain an independent SCWE survey of
Vogtle 3 and 4 project site. SNC–V will
obtain a second independent SCWE
survey of Vogtle 3 and 4 no later than
thirty (30) months after issuance of this
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
confirmatory order. Results of each
survey will be summarized into reports
which will be made available for
inspection by NRC. Recommendations
(if any) from the survey reports will be
entered into the Corrective Action
Program or Employee Concerns
Program, as appropriate, depending on
the nature of the recommendation, for
disposition.
General Provisions
1. The proposed settlement does not
affect other potential escalated
enforcement actions, including ongoing
investigations by the NRC’s Office of
Investigations. However, as part of its
deliberations and consistent with the
philosophy of the Enforcement Policy,
Section 3.3, ‘‘Violations Identified
Because of Previous Enforcement
Action,’’ the NRC will consider
enforcement discretion for violations of
the NRC Employee Protection Rules (10
CFR 50.7, 10 CFR 52.5) that occur prior
to or during implementation of the
corrective actions aimed at correcting
that specific condition as specified in
the Confirmatory Order.
2. The NRC and SNC agree to disagree
as to whether the violations occurred.
3. The NRC will not cite a violation
or issue a civil penalty.
4. This order will be placed on the
Vogtle 3 & 4 dockets only.
5. This order will not count as
escalated enforcement in the civil
penalty assessment process for future
cases unless they are violations of the
NRC Employee Protection Rules.
6. In the event of the transfer of the
operating license of Southern Nuclear
Operating Company to another entity,
the terms and conditions set forth
hereunder shall continue to apply to
Southern Nuclear Operating Company
and accordingly survive any transfer of
ownership or license.
On November 20, 2019, SNC
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. SNC
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 SNC’s completed corrective
actions, 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
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
that SNC commitments be confirmed by
this Order. Based on the above and
SNC’s consent, this Confirmatory Order
is effective upon issuance.
V
Accordingly, pursuant to Sections
103, 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 52, it is hereby ordered, effective
upon issuance, that License Nos. NPF–
2, NPF–8, DPR–57, NPF–5, NPF–68,
NPF–81, NPF–91, and NPF–92 are
modified as follows:
1. Employee Concerns Program (ECP)
a. SNC–FW will maintain a fleetwide
ECP for plants authorized to operate in
substantially the same form as SNC
Policy 701, ‘‘Employee Concerns
Program,’’ revised 02/2017.
b. SNC–V will maintain the existing
Vogtle 3 and 4 One Project ECP through
commercial operation of each unit, or
until such time that SNC determines
transition to fleet-wide ECP is
warranted.
2. Adverse Action Review Processes
a. SNC–FW/V will maintain a review
process covering significant adverse
actions (termination or suspension)
taken by SNC with respect to SNC
employees which requires consideration
of protected activity, if any, prior to
taking the significant adverse action.
b. SNC–V will maintain a Discipline
Review Process (DRP), applicable to
SNC contractors or subcontractors
(collectively ‘‘contractors’’) at the Vogtle
3 and 4 Project site who are engaged in
nuclear safety related work. Contractors
must follow this process when
termination is under consideration. This
process also applies to SNC when (1)
SNC requests removal of a contractor
employee from the Vogtle 3 and 4
Project pursuant to contractual rights,
and (2) when SNC releases from the
Vogtle Project a supplemental worker
assigned to support SNC. SNC may
allow for exceptions to the DRP in the
following instances: Terminations
related to Part 26 FFD or Site Access
failures; reduction in force (RIF)-related
terminations; any action dictated by a
collective bargaining (or similar)
agreement applicable to contractor
employees; violations of project work
rules which do not depend on
supervisory discretion; and end of
assignment releases.
c. In the event the results of the
review process in 2a. or 2b. reveal a
SCWE policy violation that is
substantiated by the SNC–FW/V
Compliance and Concerns organization,
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
65429
corrective actions arising from that
violation, which may include
discipline, will be tracked and
confirmed as completed by the SNC
Compliance and Concerns organization.
3. Training
a. Within four (4) months of issuance
of this confirmatory order, and until
three (3) years thereafter, SNC–FW/V
will require all SNC employees who are
onboarding to complete SCWE training,
including training on 10 CFR 50.7, 10
CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4,
definition of adverse action as it appears
in RIS 2005–18, and acknowledge the
SNC SCWE policy within two (2)
months of reporting to work.
b. Within four (4) months of issuance
of this confirmatory order, SNC–V will
provide SCWE training to management
in the Vogtle 3 and 4 Project site.
Lessons learned from these issues will
be included in the training materials.
The management covered by this item
includes both contractors’ and SNC
superintendents and managers, up to
and including the project executive vice
president, who are in those roles as of
the date that is three (3) months after the
issuance of this confirmatory order.
Such training shall be developed by a
third party with experience in the area
of employee protection and shall
include training on 10 CFR 50.7, 10 CFR
52.5, 10 CFR 50.5, and 10 CFR 52.4, the
definition of adverse action as it appears
in RIS 2005–18, and relevant case
studies.
c. Beginning no later than two (2)
months after issuance of this
confirmatory order, and until three (3)
years thereafter, SNC will require all
new SNC–FW/V supervisors (a leader
responsible for performance
management and work direction for
individual contributors) to receive
SCWE training within six (6) months of
their beginning work as a supervisor at
SNC.
d. Within six (6) months of issuance
of this confirmatory order, SNC–FW/V
will review and make appropriate
revisions to include SCWE with General
Employee Training (GET) program, or
successor training, to ensure adequate
coverage of 10 CFR 50.7, 10 CFR 52.5,
10 CFR 50.5, and 10 CFR 52.4. Lessons
learned from these or similar issues will
be identified and addressed in these
training materials.
4. Other Activities
a. Within twelve (12) months of the
issuance of this order, SNC will deliver
a presentation to provide SCWE insights
that were derived from these events to
present at an appropriate industrysharing forum (e.g., the NRC’s
E:\FR\FM\27NON1.SGM
27NON1
65430
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
Regulatory Information Conference, the
National Association of Employee
Concerns Professionals). The
presentation shall be made available for
NRC review.
b. Within three (3) months of issuance
of this order, SNC–FW will revise the
SNC SCWE policy to address lessons
learned from these issues.
c. Within three (3) months of issuance
of this order, a senior SNC executive
will issue a written communication to
all SNC–FW/V employees and to
contractors at the Vogtle 3 and 4 project
site reinforcing SNC’s commitment to
maintaining a SCWE and reaffirming
SNC’s insistence upon the protection of
employees’ rights and obligations to
raise safety issues without fear of
retaliation. SNC–FW/V will mandate
that SNC first line leaders and
construction management
(superintendents and above) inform
their reports of the contents of the
communication.
d. Within six (6) months of issuance
of this order, SNC–V will obtain a thirdparty, independent SCWE survey of
Vogtle 3 and 4 project site. SNC–V will
obtain a second third-party,
independent SCWE survey of Vogtle 3
and 4 no later than thirty (30) months
after issuance of this confirmatory order.
Results of each survey will be
summarized into reports which will be
made available for inspection by NRC.
Recommendations (if any) from the
survey reports will be entered into the
Corrective Action Program or Employee
Concerns Program, as appropriate,
depending on the nature of the
recommendation, for disposition.
This agreement is binding upon
successors and assigns of SNC.
The Director, Office of Enforcement
may, in writing, relax or rescind any of
the above conditions upon
demonstration by SNC 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 SNC, 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
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
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 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 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
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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/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 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
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
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
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.
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 SNC) 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
George A. Wilson,
Director, Office of Enforcement
Dated this 20th day of November 2019
Attachment: As stated.
VerDate Sep<11>2014
20:21 Nov 26, 2019
Jkt 250001
All Facilities Owned and Operated by
Southern Nuclear Operating Company
All items in this order that apply to
Vogtle Units 3 and 4, or are designated
with a ‘‘V’’ apply to the following
facilities:
Vogtle Electric Generating Plant, Units 3
and 4
Docket Nos. 05200025, 05200026
License Nos. NPF–91, NPF–92
All items in this order that apply to
SNC’s entire fleet, or are designated as
‘‘fleet-wide’’ or with an ‘‘FW’’ apply to
the following facilities:
Vogtle Electric Generating Plant, Units 1
and 2
Docket Nos. 05000424, 05000425
License Nos. NPF–68, NPF–81
Joseph M. Farley Nuclear Plant, Units 1
and 2
Docket Nos. 05000348, 05000364
License Nos. NPF–2, NPF–8
Edwin I. Hatch Nuclear Plant, Units 1
and 2
Docket Nos. 05000321, 05000366
DPR–57, NPF–5
[FR Doc. 2019–25709 Filed 11–26–19; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2020–35 and CP2020–33]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: December 3,
2019.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
65431
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2020–35 and
CP2020–33; Filing Title: USPS Request
to Add Priority Mail Contract 565 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: November 21, 2019;
Filing Authority: 39 U.S.C. 3642, 39 CFR
3020.30 et seq., and 39 CFR 3015.5;
Public Representative: Christopher C.
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
E:\FR\FM\27NON1.SGM
27NON1
]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65426-65431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25709]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. EA-18-130; NRC-2019-0232]
In the Matter of Southern Nuclear Operating Company
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Southern Nuclear Operating Company (SNC). This
action is based on two investigations conducted by the NRC Office of
Investigations (OI), that apparent willful violations of NRC's
regulations regarding ``Employee Protection,'' occurred. Specifically,
two contract employees at Vogtle Units 3 and 4 were terminated from
employment in 2016 and 2017, respectively. The NRC determined that
these terminations were, in part, because the contract employees
engaged in protected activity. An ADR mediation session was held on
August 5, 2019, with SNC, and a preliminary settlement agreement was
reached. Subsequently, SNC consented to the specific actions listed in
section V of the Confirmatory Order and the NRC agrees to no pursue any
further enforcement action in connection with this apparent violation.
The Confirmatory Order becomes effective upon issuance.
DATES: The Confirmatory Order containing the agreements made between
SNC and the NRC was issued on November 20, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0232 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available
[[Page 65427]]
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-2019-0232. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 ``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 Confirmatory Order is available
in ADAMS under Accession No. ML19269C005.
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: Catherine Thompson, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-287-9515, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Confirmatory Order is
attached.
Dated at Rockville, Maryland, this 21st day of November 2019.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment--Confirmatory Order Prohibiting Involvement in NRC-Licensed
Activities
United States of America
Nuclear Regulatory Commission
In the Matter of Southern Nuclear Operating Company; Vogtle Electric
Generating Plant, Units 3 and 4
Docket No.: 5200025, 5200026; License No.: NPF-91, NPF-92; EA-18-130
and EA-18-171
Confirmatory Order Modifying License
Effective Upon Issuance
I
Southern Nuclear Operating Company (SNC or Licensee) is the holder
of License Nos. NPF-2, NPF-8, DPR-57, NPF-5, NPF-68, NPF-81, and
Combined Licenses NPF-91 and NPF-92, issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 50 and Part
52 of Title 10 of the Code of Federal Regulations (10 CFR). The
licenses authorize the operation of the Joseph M. Farley, Nuclear Plant
Units 1 and 2, the Edwin I. Hatch Nuclear Plant, Units 1 and 2, the
Vogtle Electric Generating Plant, Units 1 and 2, and the combined
construction and operation of Vogtle Electric Generating Plant, Units 3
and 4 (Vogtle), in accordance with conditions specified therein. These
facilities are located in Columbia, Alabama; Baxley, Georgia; and
Waynesboro, Georgia, respectively.
This Confirmatory Order (CO) is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on August 5, 2019 in Rockville, Maryland to address two
apparent violations. The NRC and SNC agree to disagree as to whether
the violations occurred.
II
On February 13, 2018, the NRC, Office of Investigations (OI),
issued a report (2-2017-004) related to SNC Vogtle Units 3 and 4,
currently under construction. Based on the evidence developed during
its investigation, the NRC identified an apparent violation of 10 CFR
52.5, ``Employee Protection,'' and determined that the apparent
violation of 10 CFR 52.5 was willful. The NRC determined that SNC
directed a contract employee at the Vogtle Units 3 and 4 construction
site be removed in December 2015, in part, for engaging in protected
activity. The contract employee was subsequently terminated by his
employer on February 3, 2016. By letter dated May 15, 2019, the NRC
notified SNC of the results of the investigation with an opportunity
to: (1) Attend a predecisional enforcement conference or (2)
participate in an ADR mediation session in an effort to resolve this
concern.
On November 20, 2018, the NRC, Office of Investigations (OI),
issued a report (2-2017-032) related to SNC, Vogtle Units 3 and 4,
currently under construction. Based on the evidence developed during
its investigation, the NRC identified an apparent violation of 10 CFR
52.5, ``Employee Protection,'' and determined that the apparent
violation of 10 CFR 52.5 was willful. The NRC determined that a
contract employee was removed from the site by an SNC official on July
13, 2017, in part, for engaging in protected activity when he was
employed by a different contractor on the site from 2014-2015. The
contract employee was subsequently terminated by his employer on July
14, 2017. By letter dated June 12, 2019, the NRC notified SNC of the
results of the investigation with an opportunity to: (1) Attend a
predecisional enforcement conference or (2) participate in an ADR
mediation session in an effort to resolve this concern.
In response to the NRC's offers, SNC requested the use of the NRC's
ADR process. In recognition of the substantially similar broad
corrective actions expected from the two cases, the NRC and SNC agreed
to include both cases in this mediation. On August 5, 2019 the NRC and
SNC 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 their attempt to reach an agreement
on resolving any differences regarding the dispute. This Confirmatory
Order is issued pursuant to the agreement reached during the August 5,
2019 mediation.
III
During the ADR mediation session, SNC and the NRC reached a
preliminary settlement agreement. The elements of the agreement
included: (1) Corrective actions that SNC has already completed to
improve the nuclear safety culture (NSC) and safety conscious work
environment (SCWE) at the site (provided to the NRC at the August 5,
2019 ADR mediation session); (2) agreed upon future actions; and (3)
general provisions.
Previously Completed Corrective Actions
1. Implemented the One Project Employee Concerns Program (One
Project ECP):
a. Consolidated all individuals on the construction site under the
One Project ECP. SNC's One Project ECP manages the intake of all
construction concerns, investigations, referrals when necessary and
tracking of associated corrective actions.
b. Expanded the scope of the One Project ECP. One Project ECP
reviews a range of concerns broader than those explicitly described as
nuclear safety concerns. This builds trust with the construction site
population, as well as helps identify issues that might not appear to
be nuclear safety concerns but either become nuclear safety concerns or
have some tie to a nuclear safety concern.
c. One Project ECP has expanded ECP staff to have representatives
available
[[Page 65428]]
for at least 3 hours during the night shift.
2. Implemented a single project-wide Corrective Action Program
which provides for SNC ownership of all Corrective Action Program
activities on the project.
3. Implemented a Discipline Review Process for construction
contractors to require review of certain terminations for potential
SCWE issues. Additional oversight by SNC HR of Contractors'
implementation of the Discipline Review Process was added in December
2018 as a result of CR# 50009752.
4. Enhanced the presence and visibility of ECP in the field. SNC
ECP provides SCWE training to contractor employees during onboarding.
ECP personnel spend time in the field, handing out cards, discussing
the program and locations, assessing SCWE knowledge, and educating when
necessary.
5. Project and Leadership Reset conducted on July 25, 2018, with
the expectation that employees, contractors and leaders on the Vogtle 3
and 4 project site read and sign a ``Recommitment to Project
Expectations'' and ``Recommitment to Leadership Expectations,''
respectively, which included ``My behaviors will demonstrate and
support a strong nuclear safety culture and an environment for raising
concerns.''
6. SNC SCWE policy was updated on October 22, 2018, to explicitly
state that violations of the policy may result in termination;
dismissal of contracted third-party representatives; cancellation of
contracts or service-level agreements; loss of access or other
privileges; barring individuals from access to facilities, property or
any system or network owned or controlled by the Company or its
affiliates.
Agreed Upon Future Actions
1. Employee Concerns Program (ECP)
a. SNC-Fleet Wide (FW) will maintain an ECP for plants authorized
to operate (fleet-wide ECP) (see Attachment) in substantially the same
form as SNC Policy 701, ``Employee Concerns Program,'' revised 02/2017.
b. SNC-Vogtle 3 and 4 (V) will maintain the existing Vogtle 3 and 4
One Project ECP through commercial operation of each unit, or until
such time that SNC determines transition to fleet-wide ECP is
warranted.
2. Adverse Action Review Processes
a. SNC-FW/V \1\ will maintain a review process covering significant
adverse actions (termination or suspension) taken by SNC with respect
to SNC employees which requires consideration of protected activity, if
any, prior to taking the significant adverse action.
---------------------------------------------------------------------------
\1\ SNC-FW/V refers to both SNC's entire operating fleet and
Vogtle Units 3 and 4 (see Attachment).
---------------------------------------------------------------------------
b. SNC-V will maintain a Discipline Review Process (DRP),
applicable to SNC contractors or subcontractors (collectively
``contractors'') at the Vogtle 3 and 4 Project site who are engaged in
nuclear safety related work. Contractors must follow this process when
termination is under consideration. This process also applies to SNC
when (1) SNC requests removal of a contractor employee from the Vogtle
3 and 4 Project pursuant to contractual rights, and (2) when SNC
releases from the Vogtle Project a supplemental worker assigned to
support SNC. SNC may allow for exceptions to the DRP in the following
instances: Terminations related to Part 26 FFD or Site Access failures;
reduction in force (RIF)-related terminations; any action dictated by a
collective bargaining (or similar) agreement applicable to contractor
employees; violations of project work rules which do not depend on
supervisory discretion; and end of assignment releases.
c. In the event the results of the review process in 2a. or 2b.
reveal a SCWE policy violation that is substantiated by the SNC-FW/V
Compliance and Concerns organization, corrective actions arising from
that violation which may include discipline will be tracked and
confirmed as completed by the SNC Compliance and Concerns organization.
3. Training
a. Within four (4) months of issuance of this confirmatory order,
and until three (3) years thereafter, SNC-FW/V will require all SNC
employees who are onboarding to complete SCWE training, including
training on 10 CFR 50.7, 10 CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4,
definition of adverse action as it appears in the RIS 2005-18, and
acknowledge the SNC SCWE policy within two (2) months of reporting to
work.
b. Within four (4) months of issuance of this confirmatory order,
SNC-V will provide SCWE training to management in the Vogtle 3 and 4
Project site. Lessons learned from these issues will be included in the
training materials. The management covered by this item includes
superintendents, managers and above (both contractors and SNC) up to
and including the project executive vice president, who are in those
roles as of the date that is three (3) months after the issuance of
this confirmatory order. Such training shall be developed by a third
party with experience in the area of employee protection and shall
include training on 10 CFR 50.7, 10 CFR 52.5, 10 CFR 50.5, and 10 CFR
52.4, the definition of adverse action as it appears in the RIS 2005-
18, and relevant case studies.
c. Beginning no later than two (2) months of issuance of this
confirmatory order, and until three (3) years thereafter, SNC will
require all new SNC-FW/V supervisors (a leader responsible for
performance management and work direction for individual contributors)
to receive SCWE training within six (6) months of their beginning work
as a supervisor at SNC.
d. Within six (6) months of issuance of this confirmatory order,
SNC-FW/V will review and make appropriate revisions to include SCWE
with its construction and fleet General Employee Training (GET)
program, or successor training, to ensure adequate coverage of 10 CFR
50.7, 10 CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4. Lessons learned from
these or similar issues will be identified and addressed in these
training materials.
4. Other Activities
a. Within twelve (12) months from the issuance of this confirmatory
order, SNC will deliver a presentation to provide SCWE insights that
were derived from these events to present at an appropriate industry-
sharing forum (e.g., the NRC's Regulatory Information Conference, the
National Association of Employee Concerns Professionals). The
presentation shall be made available for NRC review.
b. Within three (3) months of issuance of this confirmatory order,
SNC-FW will revise the SCWE policy to address lessons learned from
these issues.
c. Within three (3) months of issuance of this confirmatory order,
a senior SNC executive will issue a written communication to all SNC-
FW/V employees and to contractors at the Vogtle 3 and 4 project site
reinforcing SNC's commitment to maintaining a SCWE and reaffirming
SNC's insistence upon the protection of employees' rights and
obligations to raise safety issues without fear of retaliation. SNC-FW/
V will mandate that SNC first line leaders and construction management
(superintendents and above) inform their reports of the contents of the
communication.
d. Within six (6) months of issuance of this confirmatory order,
SNC-V will obtain an independent SCWE survey of Vogtle 3 and 4 project
site. SNC-V will obtain a second independent SCWE survey of Vogtle 3
and 4 no later than thirty (30) months after issuance of this
[[Page 65429]]
confirmatory order. Results of each survey will be summarized into
reports which will be made available for inspection by NRC.
Recommendations (if any) from the survey reports will be entered into
the Corrective Action Program or Employee Concerns Program, as
appropriate, depending on the nature of the recommendation, for
disposition.
General Provisions
1. The proposed settlement does not affect other potential
escalated enforcement actions, including ongoing investigations by the
NRC's Office of Investigations. However, as part of its deliberations
and consistent with the philosophy of the Enforcement Policy, Section
3.3, ``Violations Identified Because of Previous Enforcement Action,''
the NRC will consider enforcement discretion for violations of the NRC
Employee Protection Rules (10 CFR 50.7, 10 CFR 52.5) that occur prior
to or during implementation of the corrective actions aimed at
correcting that specific condition as specified in the Confirmatory
Order.
2. The NRC and SNC agree to disagree as to whether the violations
occurred.
3. The NRC will not cite a violation or issue a civil penalty.
4. This order will be placed on the Vogtle 3 & 4 dockets only.
5. This order will not count as escalated enforcement in the civil
penalty assessment process for future cases unless they are violations
of the NRC Employee Protection Rules.
6. In the event of the transfer of the operating license of
Southern Nuclear Operating Company to another entity, the terms and
conditions set forth hereunder shall continue to apply to Southern
Nuclear Operating Company and accordingly survive any transfer of
ownership or license.
On November 20, 2019, SNC consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. SNC
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 SNC's completed corrective actions, 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 SNC commitments be confirmed by this Order. Based on the
above and SNC's consent, this Confirmatory Order is effective upon
issuance.
V
Accordingly, pursuant to Sections 103, 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 52, it is hereby ordered,
effective upon issuance, that License Nos. NPF-2, NPF-8, DPR-57, NPF-5,
NPF-68, NPF-81, NPF-91, and NPF-92 are modified as follows:
1. Employee Concerns Program (ECP)
a. SNC-FW will maintain a fleetwide ECP for plants authorized to
operate in substantially the same form as SNC Policy 701, ``Employee
Concerns Program,'' revised 02/2017.
b. SNC-V will maintain the existing Vogtle 3 and 4 One Project ECP
through commercial operation of each unit, or until such time that SNC
determines transition to fleet-wide ECP is warranted.
2. Adverse Action Review Processes
a. SNC-FW/V will maintain a review process covering significant
adverse actions (termination or suspension) taken by SNC with respect
to SNC employees which requires consideration of protected activity, if
any, prior to taking the significant adverse action.
b. SNC-V will maintain a Discipline Review Process (DRP),
applicable to SNC contractors or subcontractors (collectively
``contractors'') at the Vogtle 3 and 4 Project site who are engaged in
nuclear safety related work. Contractors must follow this process when
termination is under consideration. This process also applies to SNC
when (1) SNC requests removal of a contractor employee from the Vogtle
3 and 4 Project pursuant to contractual rights, and (2) when SNC
releases from the Vogtle Project a supplemental worker assigned to
support SNC. SNC may allow for exceptions to the DRP in the following
instances: Terminations related to Part 26 FFD or Site Access failures;
reduction in force (RIF)-related terminations; any action dictated by a
collective bargaining (or similar) agreement applicable to contractor
employees; violations of project work rules which do not depend on
supervisory discretion; and end of assignment releases.
c. In the event the results of the review process in 2a. or 2b.
reveal a SCWE policy violation that is substantiated by the SNC-FW/V
Compliance and Concerns organization, corrective actions arising from
that violation, which may include discipline, will be tracked and
confirmed as completed by the SNC Compliance and Concerns organization.
3. Training
a. Within four (4) months of issuance of this confirmatory order,
and until three (3) years thereafter, SNC-FW/V will require all SNC
employees who are onboarding to complete SCWE training, including
training on 10 CFR 50.7, 10 CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4,
definition of adverse action as it appears in RIS 2005-18, and
acknowledge the SNC SCWE policy within two (2) months of reporting to
work.
b. Within four (4) months of issuance of this confirmatory order,
SNC-V will provide SCWE training to management in the Vogtle 3 and 4
Project site. Lessons learned from these issues will be included in the
training materials. The management covered by this item includes both
contractors' and SNC superintendents and managers, up to and including
the project executive vice president, who are in those roles as of the
date that is three (3) months after the issuance of this confirmatory
order. Such training shall be developed by a third party with
experience in the area of employee protection and shall include
training on 10 CFR 50.7, 10 CFR 52.5, 10 CFR 50.5, and 10 CFR 52.4, the
definition of adverse action as it appears in RIS 2005-18, and relevant
case studies.
c. Beginning no later than two (2) months after issuance of this
confirmatory order, and until three (3) years thereafter, SNC will
require all new SNC-FW/V supervisors (a leader responsible for
performance management and work direction for individual contributors)
to receive SCWE training within six (6) months of their beginning work
as a supervisor at SNC.
d. Within six (6) months of issuance of this confirmatory order,
SNC-FW/V will review and make appropriate revisions to include SCWE
with General Employee Training (GET) program, or successor training, to
ensure adequate coverage of 10 CFR 50.7, 10 CFR 52.5, 10 CFR 50.5, and
10 CFR 52.4. Lessons learned from these or similar issues will be
identified and addressed in these training materials.
4. Other Activities
a. Within twelve (12) months of the issuance of this order, SNC
will deliver a presentation to provide SCWE insights that were derived
from these events to present at an appropriate industry-sharing forum
(e.g., the NRC's
[[Page 65430]]
Regulatory Information Conference, the National Association of Employee
Concerns Professionals). The presentation shall be made available for
NRC review.
b. Within three (3) months of issuance of this order, SNC-FW will
revise the SNC SCWE policy to address lessons learned from these
issues.
c. Within three (3) months of issuance of this order, a senior SNC
executive will issue a written communication to all SNC-FW/V employees
and to contractors at the Vogtle 3 and 4 project site reinforcing SNC's
commitment to maintaining a SCWE and reaffirming SNC's insistence upon
the protection of employees' rights and obligations to raise safety
issues without fear of retaliation. SNC-FW/V will mandate that SNC
first line leaders and construction management (superintendents and
above) inform their reports of the contents of the communication.
d. Within six (6) months of issuance of this order, SNC-V will
obtain a third-party, independent SCWE survey of Vogtle 3 and 4 project
site. SNC-V will obtain a second third-party, independent SCWE survey
of Vogtle 3 and 4 no later than thirty (30) months after issuance of
this confirmatory order. Results of each survey will be summarized into
reports which will be made available for inspection by NRC.
Recommendations (if any) from the survey reports will be entered into
the Corrective Action Program or Employee Concerns Program, as
appropriate, depending on the nature of the recommendation, for
disposition.
This agreement is binding upon successors and assigns of SNC.
The Director, Office of Enforcement may, in writing, relax or
rescind any of the above conditions upon demonstration by SNC 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 SNC, 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 [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-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 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 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
[[Page 65431]]
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 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.
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 SNC) 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
George A. Wilson,
Director, Office of Enforcement
Dated this 20th day of November 2019
Attachment: As stated.
All Facilities Owned and Operated by Southern Nuclear Operating Company
All items in this order that apply to Vogtle Units 3 and 4, or are
designated with a ``V'' apply to the following facilities:
Vogtle Electric Generating Plant, Units 3 and 4
Docket Nos. 05200025, 05200026
License Nos. NPF-91, NPF-92
All items in this order that apply to SNC's entire fleet, or are
designated as ``fleet-wide'' or with an ``FW'' apply to the following
facilities:
Vogtle Electric Generating Plant, Units 1 and 2
Docket Nos. 05000424, 05000425
License Nos. NPF-68, NPF-81
Joseph M. Farley Nuclear Plant, Units 1 and 2
Docket Nos. 05000348, 05000364
License Nos. NPF-2, NPF-8
Edwin I. Hatch Nuclear Plant, Units 1 and 2
Docket Nos. 05000321, 05000366
DPR-57, NPF-5
[FR Doc. 2019-25709 Filed 11-26-19; 8:45 am]
BILLING CODE 7590-01-P
