In the Matter of Dr. Melinda Krahenbuhl, Reed Research Reactor, Portland, Oregon, 16136-16140 [2020-05925]
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
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[FR Doc. 2020–05824 Filed 3–19–20; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 55–70188; NRC–2020–0075]
In the Matter of Dr. Melinda
Krahenbuhl, Reed Research Reactor,
Portland, Oregon
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
to Dr. Melinda Krahenbuhl to suspend
NRC License No. SOP–70678–1 issued
to Dr. Krahenbuhl pursuant to NRC
regulations and prohibit Dr.
Krahenbuhl’s involvement in NRClicensed activities for a period of 3
years. The Order is effective on the date
of issuance.
DATES: The Order was issued on March
16, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0075 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–2020–0075. 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(s)
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 ADAMS accession number
PO 00000
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for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Robert Fretz, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9235, email: Robert.Fretz@
nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland, this 17th day
of March 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment—Order Suspending NRC
License and Prohibiting Involvement In
NRC-Licensed Activities
United States of America Nuclear
Regulatory Commission
In the Matter of: Dr. Melinda
Krahenbuhl, IA–19–035
Order Suspending NRC License and
Prohibiting Involvement In NRCLicensed Activities
I
Dr. Melinda Krahenbuhl is employed
as the Director, Reed Research Reactor
(RRR), which is located on the campus
of Reed College in Portland, Oregon. Dr.
Krahenbuhl holds U.S. Nuclear
Regulatory Commission (NRC or
Commission) License No. SOP–70678–1
issued with an effective date of
December 13, 2017, pursuant to Part 55
of Title 10 of the Code of Federal
Regulations (10 CFR). The RRR licensee,
Reed College, holds Renewed Facility
Operating License (FOL) No. R–112
(Docket No. 50–00288) issued by the
NRC on April 24, 2012, pursuant to 10
CFR parts 30, 50, and 70. The license
authorizes the operation of the RRR
facility in accordance with the
conditions specified therein.
II
Two investigations were conducted
by the NRC Office of Investigations (OI)
related to the operation of Reed
College’s RRR facility. The purpose of
the investigations was to determine
whether Dr. Krahenbuhl, as the RRR
Director, willfully provided to the NRC
incomplete or inaccurate information
associated with an application of a
student (Student #1) for a 10 CFR part
55 reactor operator (RO) license, and
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whether the RRR Director willfully
provided incomplete or inaccurate
information regarding a second student
(Student #2) who applied for a 10 CFR
part 55 license (a senior reactor operator
license). One of the investigations also
considered whether the RRR Director
willfully violated an RRR Renewed FOL
Condition and other NRC requirements
regarding facility access control. The
investigations were completed on March
15, 2019 (OI Investigation 4–2016–022),
and September 26, 2019 (OI
Investigation 4–2017–023).
Based on OI Investigation 4–2016–
022, the NRC determined that Dr.
Melinda Krahenbuhl, as the RRR
Director, deliberately provided
incomplete and inaccurate information
to the NRC regarding a student’s
application, dated April 21, 2015, for a
RO license pursuant to 10 CFR part 55.
Based on OI Investigation 4–2017–023,
the NRC determined that Dr.
Krahenbuhl deliberately provided
incomplete and inaccurate information
to the NRC regarding a different student
on May 7, 2015; and engaged in
deliberate misconduct by deliberately
violating facility access control
procedures that implement the RRR
physical security plan, causing the
licensee to violate Reed College
Renewed FOL R–112, Condition 2.C.(3).
That condition requires Reed College to
maintain and fully implement all
provisions of the RRR physical security
plan.
In a letter dated November 20, 2019,
Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML20044E056, the NRC
notified Dr. Krahenbuhl of three
apparent violations of 10 CFR 50.5,
‘‘Deliberate misconduct,’’ which the
NRC was considering for escalated
enforcement action in accordance with
the NRC Enforcement Policy. This rule
prohibits an employee of an NRC
licensee (i.e., Reed College) from
engaging in deliberate misconduct that
causes the NRC licensee to be in
violation of any rule, regulation, or
order; or any term, condition, or
limitation of any license issued by the
Commission; it also prohibits a licensee
employee from deliberately submitting
to the NRC information that the person
knows to be incomplete or inaccurate in
some material respect. In the letter, the
NRC provided Dr. Krahenbuhl an
opportunity to address the apparent
violations in a predecisional
enforcement conference (PEC). On
January 10, 2020, the NRC held a PEC
at its NRC Headquarters office in
Rockville, Maryland, with Dr.
Krahenbuhl and her attorney to discuss
the apparent violations.
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OI’s investigation (4–2016–022)
documented that on March 10, 2015, a
physician contracted by Reed College
conducted a medical examination of a
student at Reed College (Student #1)
applying for an NRC RO license. The
medical examination was conducted
pursuant to 10 CFR 55.21, ‘‘Medical
examination,’’ whereby the physician is
to determine whether the applicant for
a license meets the requirements of 10
CFR 55.33(a)(1). Section 55.33(a)(1)
requires that the applicant’s medical
condition and general health not
‘‘adversely affect the performance of
assigned operator job duties or cause
operational errors endangering public
health and safety.’’ The physician
determined that the applicant needed to
undergo a psychological evaluation
before determining whether the
applicant met the requirements of
Section 55.33(a)(1) and was medically
qualified for the position of RO. The
physician also determined that, related
to the applicant’s pulmonary condition,
the applicant was medically qualified
from a physical and internal medicine
standpoint with a ‘‘solo operation is not
authorized’’ restriction. However, a
determination that Student #1 met the
medical requirements for licensed
operations still required further
psychological evaluation. The physician
provided three documents explaining
his determinations to Dr. Krahenbuhl.
Despite receiving the physician’s
supporting documentation, Dr.
Krahenbuhl disregarded the physician’s
medical determination and, contrary to
10 CFR 50.5(a)(2) and 55.23
requirements, signed and certified the
applicant’s NRC Form 396 on April 21,
2015, attesting that the applicant met
the medical requirements for licensed
operators at RRR with a ‘‘solo operation
is not authorized’’ restriction based on
a pulmonary condition. In addition, she
certified that a physician determined
that the applicant’s physical condition
and general health were such that the
applicant’s medical condition would
not be expected to cause operational
errors endangering public health and
safety. The applicant had not received
the psychological evaluation that the
physician stated was required prior to
satisfying the medical requirements for
an RO license. Dr. Krahenbuhl then
submitted the NRC Form 396 containing
incomplete and inaccurate information
to the NRC. Furthermore, the NRC Form
396, which the NRC received on April
28, 2015, did not include the
appropriate supporting medical
evidence provided by the physician for
a ‘‘solo operation is not authorized’’
restriction, as required by 10 CFR
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55.23(b). Student #1 was permitted to
take the written and operational portion
of the RO examination in May 2015, in
part, because a pulmonary condition
was the only medical issue known to
the NRC that could explain the ‘‘solo
operation is not authorized’’ restriction
identified on the student’s application
when the RO license examination was
administered. The investigation further
noted that the assigned NRC examiner
made multiple attempts to obtain the
required supporting medical
documentation that would explain the
applicant’s ‘‘solo operation is not
authorized’’ designation; however, Dr.
Krahenbuhl did not provide the
requested documentation to the NRC
until June 11, 2015. It was at that time
the NRC first became aware of
additional medical information and of
the physician’s determination that the
applicant needed further evaluation
before being deemed medically
qualified for the position of RO. Had the
NRC received the supporting medical
evidence when Dr. Krahenbuhl
submitted the NRC Form 396 for
Student #1 in April 2015, Student #1
would not have been permitted to take
the RO examination without further
NRC evaluation.
OI Investigation No. 4–2017–023
documented that, on April 9, 2015, a
second Reed College student (Student
#2) who was a licensed RO at the RRR
was involved in an incident that caused
the student to take a medical leave of
absence from Reed College. Student #2
remained on the medical leave of
absence from April 9, 2015, through
January 2017. On April 10, 2015, Dr.
Krahenbuhl removed Student #2’s
unescorted access to the RRR and
removed the student from the control
room access list (CRAL).
Shortly after the April 9, 2015,
incident, Student #2 and Dr.
Krahenbuhl had a conversation where
they, in part, discussed the student’s
ability to take the upcoming senior
reactor operator (SRO) licensing exam.
Student #2 testified that, during this
conversation, the student disclosed
certain medical information to Dr.
Krahenbuhl. As the RRR Director, Dr.
Krahenbuhl knew that this potentially
disqualifying information would likely
cause the student not to meet certain
requirements of the American National
Standards Institute (ANSI)/American
Nuclear Society (ANS) standard. (Reed
College also incorporated ANSI/ANS
15.4–1988 (R1999), ‘‘Selection and
Training of Personnel for Research
Reactors,’’ in the technical
specifications (Section 6.1.4) of its
license.)
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On May 7, 2015, the day before
Student #2’s SRO license exam at RRR,
Dr. Krahenbuhl met with an NRC
examiner. Dr. Krahenbuhl informed the
NRC examiner that Student #2 was fit to
take the exam. Although there were
several opportunities to do so, Dr.
Krahenbuhl did not disclose to the NRC
examiner the potentially disqualifying
information, that Student #2 was on
medical leave at the time, and that Dr.
Krahenbuhl had removed the student’s
unescorted access to the RRR. Because
of Dr. Krahenbuhl’s actions as described
above, Student #2 was permitted to take
the SRO exam on May 8, 2015, which
Student #2 ultimately passed, and the
NRC issued an SRO license to the
individual on July 30, 2015, based on
incomplete and inaccurate information.
The NRC did not become aware of the
incomplete and inaccurate information
until February 2017, when Dr.
Krahenbuhl submitted an NRC Form
396 with updated medical information
for Student #2 and indicated that it was
‘‘for information only.’’ Had Dr.
Krahenbuhl provided the NRC with
complete and accurate information
about Student #2 before the SRO exam,
the student would not have been
allowed to take the exam or continue to
hold an RO license without further NRC
evaluation.
After Dr. Krahenbuhl removed
Student #2’s unescorted access to the
RRR on April 10, 2015, when the
student took a leave of absence, she gave
Student #2 a key to the RRR facility on
May 8, 2015, to facilitate the
administration of the SRO license exam.
By giving Student #2 the key, Dr.
Krahenbuhl provided Student #2
unescorted access to the facility,
including access to vital areas, contrary
to the licensee’s procedures that
required Student #2 to be escorted in
the vital areas because Student #2 was
not on the unescorted access lists for the
RRR Control Room or Vital Area. These
procedures implement requirements of
the RRR physical security plan. Reed
College Renewed FOL R–112, License
Condition 2.C.(3), requires the licensee
to maintain and fully implement all
provisions of the physical security plan.
Thus, Dr. Krahenbuhl’s deliberate
violation of the facility access control
procedures that implement the RRR
physical security plan caused the
licensee to violate License Condition
2.C.(3).
During the PEC, Dr. Krahenbuhl
acknowledged (through her
representative) that the information
regarding Student #1 and Student #2
that she provided to the NRC was not
complete and accurate in all material
respects; however, she stated that she
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did not intend to deliberately mislead
the NRC. The NRC reviewed the
information provided at the PEC with
the information from the investigations
and determined that Dr. Krahenbuhl’s
assertion that her actions were not
willful is not credible. A preponderance
of the evidence in the record
demonstrates that she, in fact, knew that
the medical fitness information she
provided to the NRC regarding Student
#1 and Student #2 was not complete
and accurate in all material respects.
Accordingly, the NRC has determined
that Dr. Krahenbuhl’s actions were a
violation of 10 CFR 50.5, ‘‘Deliberate
misconduct.’’ The NRC considers Dr.
Krahenbuhl’s actions significant
because she deliberately misled the NRC
regarding the qualifications of
applicants for an RO and an SRO
license. The misleading information and
information that was withheld was
material to the NRC’s determination
whether the applicants’ medical
conditions and general health would
adversely affect the performance of
assigned operator job duties or cause
operational errors endangering public
health and safety. The NRC also
considers deliberate violations of its
facility security and access control
requirements significant because
persons granted unescorted access to the
control room and other vital areas of the
RRR facility must demonstrate a pattern
of trustworthy and reliable behavior to
provide the assurance that the facility is
protected from potential radiological
risk from insider threats, and that their
actions will not adversely impact the
common defense and security or the
public health and safety.
III
Based on the above, the NRC has
determined that Dr. Melinda
Krahenbuhl, as the Director of the RRR,
provided incomplete and inaccurate
information to the NRC on multiple
occasions in violation of 10 CFR
50.5(a)(2). Dr. Krahenbuhl also engaged
in deliberate misconduct in violation of
10 CFR 50.5(a)(1) by deliberately
violating facility access control
procedures that implement the RRR
physical security plan, causing the
licensee to violate Renewed FOL R–112,
License Condition 2.C.(3).
Consequently, given the significance
of the underlying issues, Dr.
Krahenbuhl’s position within the Reed
College organization, and the deliberate
nature of her actions, the NRC lacks the
requisite reasonable assurance that Dr.
Krahenbuhl can conduct licensed
activities in compliance with the
Commission’s requirements and that the
health and safety of the public will be
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protected if Dr. Krahenbuhl were
permitted at this time to be involved in
NRC-licensed activities. Therefore, (1)
License No. SOP–70678–1 issued to Dr.
Melinda Krahenbuhl pursuant to 10
CFR part 55 is hereby suspended for 3
years; and (2) Dr. Krahenbuhl is further
prohibited from any involvement in
NRC-licensed activities for a period of 3
years from the effective date of this
Order. Additionally, Dr. Krahenbuhl is
required to notify the NRC of her first
employment in NRC-licensed activities
following the prohibition period.
Furthermore, I find that the significance
of Dr. Krahenbuhl’s willful misconduct
described above is such that the public
health, safety, and interest require that
this Order be effective on the date of
issuance.
IV
Accordingly, pursuant to sections
104c, 161b, 161i, 182 and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202, 10 CFR 50.5, and 10 CFR
55.61, It is Hereby Ordered, Effective
Upon the Date of Issuance, That:
1. NRC License No. SOP–70678–1
issued to Dr. Melinda Krahenbuhl
pursuant to 10 CFR part 55 is suspended
for 3 years;
2. Dr. Melinda Krahenbuhl is
prohibited for 3 years, from the effective
date of this Order, from engaging in,
supervising, directing, or in any other
way conducting NRC-licensed activities
(with a limited exception as explained
more fully below). NRC-licensed
activities are those activities that are
conducted pursuant to a specific or
general license issued by the NRC,
including, but not limited to, those
activities of Agreement State licensees
conducted pursuant to the authority
granted by 10 CFR 150.20. In relation to
NRC-licensed activities at the RRR
facility, for a period of 90 days after
issuance of this order, Dr. Krahenbuhl is
permitted to respond to questions from
the President of the College (i.e., Level
1 individual responsible for the reactor
facility’s license), Dean of the Faculty,
or the Vice President & Treasurer of the
College, for the limited purpose of
facilitating the safe and orderly
transition of RRR-related licensed
activities;
3. If Dr. Melinda Krahenbuhl is
currently involved in NRC-licensed
activities at any other NRC licensee,
contractor, vendor, or any other
organization, she must immediately
cease those activities and inform the
NRC of the name, address, and
telephone number of the NRC licensee,
contractor, vendor, or any other
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organization, and provide a copy of this
order to those entities;
4. For a period of 1 year after the 3year period of prohibition has expired,
Dr. Melinda Krahenbuhl shall, within
20 days of acceptance of her first
employment offer involving NRClicensed activities, as defined in
paragraph IV.2 above, provide notice to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, of the
name, address, and telephone number of
the employer or the entity where she is,
or will be, involved in the NRC-licensed
activities. In the notification, Dr.
Krahenbuhl shall include a statement of
her commitment to compliance with
regulatory requirements and the basis
why the Commission should have
confidence that she will now comply
with applicable NRC requirements.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by Dr. Melinda
Krahenbuhl of good cause.
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V
In accordance with 10 CFR 2.202, Dr.
Melinda Krahenbuhl must submit a
written answer to this Order under oath
or affirmation within 30 days of its
issuance. Dr. Krahenbuhl’s failure to
respond to this Order could result in
additional enforcement action in
accordance with the Commission’s
Enforcement Policy. In addition, Dr.
Krahenbuhl and any other person
adversely affected by this Order may
request a hearing on this Order within
30 days of its issuance. If a person other
than Dr. Krahenbuhl requests a hearing,
that person shall set forth with
particularity the manner in which his or
her interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f). Where
good cause is shown, consideration will
be given to extending the time to answer
or request a hearing. A request for
extension of time must be directed to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–001, 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
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49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. 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/sitehelp/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 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
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
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16139
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 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
E:\FR\FM\20MRN1.SGM
20MRN1
16140
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
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.
If a hearing is requested by Dr.
Melinda Krahenbuhl or 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 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 IV above shall be final 30 days
from the date of issuance without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing request has not been received.
Dated at Rockville, Maryland, this 16th day
of March 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director Office of Enforcement.
[FR Doc. 2020–05925 Filed 3–19–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–00288; NRC–2020–0060]
In the Matter of Reed College, Reed
Research Reactor, Portland, Oregon
Nuclear Regulatory
Commission.
ACTION: Confirmatory Order; issuance.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
Confirmatory Order (CO) to Reed
College, Portland, Oregon as a result of
VerDate Sep<11>2014
19:01 Mar 19, 2020
Jkt 250001
a successful alternative dispute
resolution (ADR) mediation session held
on January 23, 2020. The CO confirms
commitments agreed to during the ADR
mediation and, based on the completion
of the actions described in the CO, the
NRC agrees to not pursue any further
enforcement action for the apparent
violations identified in the NRC’s
November 19, 2019, letter to Reed
College, and will not issue a Notice of
Violation or seek to impose civil
penalties in connection with the
apparent violations. The Order is
effective on the date of issuance.
The Order was issued on March
16, 2020.
DATES:
Please refer to Docket ID
NRC–2020–0060 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–2020–0060. 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(s)
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 ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Robert Fretz, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9235, email: Robert.Fretz@
nrc.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated at Rockville, Maryland, this 17th day
of March 2020.
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment—Confirmatory Order
Modifying License
United States of America Nuclear
Regulatory Commission
In the Matter of Reed College, Reed
Research Reactor
Docket No. 50–288
License No. R–112
EA–19–071
Confirmatory Order Modifying License
Effective Upon Issuance
I
Reed College (hereafter, Reed or the
licensee) holds Renewed Facility
Operating License No. R–112 (Docket
No. 50–288) issued on April 24, 2012,
by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
pursuant to Parts 30, 50 and 70 of Title
10 of the Code of Federal Regulations
(10 CFR). The license authorizes the
operation of the Reed Research Reactor
(facility) in accordance with conditions
specified therein. The facility is located
on the Licensee’s site in Portland,
Oregon.
This Confirmatory Order (CO) is the
result of an agreement reached during
an Alternative Dispute Resolution
(ADR) mediation session conducted on
January 23, 2020.
II
On April 8, 2016, the NRC’s Office of
Investigations (OI) opened an
investigation (OI Case No. 4–2016–022)
at Reed to determine whether the Reed
Research Reactor Director (Director)
willfully documented and submitted to
the NRC incomplete or inaccurate
information associated with an
application for a 10 CFR part 55, reactor
operator license. A second investigation
(OI Case No. 4–2017–023) was opened
on March 28, 2017, to determine
whether the Director willfully provided
incomplete or inaccurate information to
the NRC regarding a second application
for a 10 CFR part 55 license (a senior
reactor operator license). Based on the
evidence developed during the two
investigations, the NRC identified three
apparent violations. The apparent
violations involve the licensee’s failure
to provide information to the
Commission that is complete and
accurate in all material respects, in
accordance with 10 CFR Section 50.9(a),
‘‘Completeness and accuracy of
information,’’ and failure to follow NRC
Order EA–07–074, ‘‘Issuance of Order
Imposing Fingerprinting and Criminal
History Records Check Requirements for
E:\FR\FM\20MRN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16136-16140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05925]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 55-70188; NRC-2020-0075]
In the Matter of Dr. Melinda Krahenbuhl, Reed Research Reactor,
Portland, Oregon
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order to Dr. Melinda Krahenbuhl to suspend NRC License No. SOP-70678-1
issued to Dr. Krahenbuhl pursuant to NRC regulations and prohibit Dr.
Krahenbuhl's involvement in NRC-licensed activities for a period of 3
years. The Order is effective on the date of issuance.
DATES: The Order was issued on March 16, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0075 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-2020-0075. 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(s) 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 ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Robert Fretz, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-287-9235, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 17th day of March 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment--Order Suspending NRC License and Prohibiting Involvement In
NRC-Licensed Activities
United States of America Nuclear Regulatory Commission
In the Matter of: Dr. Melinda Krahenbuhl, IA-19-035
Order Suspending NRC License and Prohibiting Involvement In NRC-
Licensed Activities
I
Dr. Melinda Krahenbuhl is employed as the Director, Reed Research
Reactor (RRR), which is located on the campus of Reed College in
Portland, Oregon. Dr. Krahenbuhl holds U.S. Nuclear Regulatory
Commission (NRC or Commission) License No. SOP-70678-1 issued with an
effective date of December 13, 2017, pursuant to Part 55 of Title 10 of
the Code of Federal Regulations (10 CFR). The RRR licensee, Reed
College, holds Renewed Facility Operating License (FOL) No. R-112
(Docket No. 50-00288) issued by the NRC on April 24, 2012, pursuant to
10 CFR parts 30, 50, and 70. The license authorizes the operation of
the RRR facility in accordance with the conditions specified therein.
II
Two investigations were conducted by the NRC Office of
Investigations (OI) related to the operation of Reed College's RRR
facility. The purpose of the investigations was to determine whether
Dr. Krahenbuhl, as the RRR Director, willfully provided to the NRC
incomplete or inaccurate information associated with an application of
a student (Student #1) for a 10 CFR part 55 reactor operator (RO)
license, and
[[Page 16137]]
whether the RRR Director willfully provided incomplete or inaccurate
information regarding a second student (Student #2) who applied for a
10 CFR part 55 license (a senior reactor operator license). One of the
investigations also considered whether the RRR Director willfully
violated an RRR Renewed FOL Condition and other NRC requirements
regarding facility access control. The investigations were completed on
March 15, 2019 (OI Investigation 4-2016-022), and September 26, 2019
(OI Investigation 4-2017-023).
Based on OI Investigation 4-2016-022, the NRC determined that Dr.
Melinda Krahenbuhl, as the RRR Director, deliberately provided
incomplete and inaccurate information to the NRC regarding a student's
application, dated April 21, 2015, for a RO license pursuant to 10 CFR
part 55. Based on OI Investigation 4-2017-023, the NRC determined that
Dr. Krahenbuhl deliberately provided incomplete and inaccurate
information to the NRC regarding a different student on May 7, 2015;
and engaged in deliberate misconduct by deliberately violating facility
access control procedures that implement the RRR physical security
plan, causing the licensee to violate Reed College Renewed FOL R-112,
Condition 2.C.(3). That condition requires Reed College to maintain and
fully implement all provisions of the RRR physical security plan.
In a letter dated November 20, 2019, Agencywide Documents Access
and Management System (ADAMS) Accession No. ML20044E056, the NRC
notified Dr. Krahenbuhl of three apparent violations of 10 CFR 50.5,
``Deliberate misconduct,'' which the NRC was considering for escalated
enforcement action in accordance with the NRC Enforcement Policy. This
rule prohibits an employee of an NRC licensee (i.e., Reed College) from
engaging in deliberate misconduct that causes the NRC licensee to be in
violation of any rule, regulation, or order; or any term, condition, or
limitation of any license issued by the Commission; it also prohibits a
licensee employee from deliberately submitting to the NRC information
that the person knows to be incomplete or inaccurate in some material
respect. In the letter, the NRC provided Dr. Krahenbuhl an opportunity
to address the apparent violations in a predecisional enforcement
conference (PEC). On January 10, 2020, the NRC held a PEC at its NRC
Headquarters office in Rockville, Maryland, with Dr. Krahenbuhl and her
attorney to discuss the apparent violations.
OI's investigation (4-2016-022) documented that on March 10, 2015,
a physician contracted by Reed College conducted a medical examination
of a student at Reed College (Student #1) applying for an NRC RO
license. The medical examination was conducted pursuant to 10 CFR
55.21, ``Medical examination,'' whereby the physician is to determine
whether the applicant for a license meets the requirements of 10 CFR
55.33(a)(1). Section 55.33(a)(1) requires that the applicant's medical
condition and general health not ``adversely affect the performance of
assigned operator job duties or cause operational errors endangering
public health and safety.'' The physician determined that the applicant
needed to undergo a psychological evaluation before determining whether
the applicant met the requirements of Section 55.33(a)(1) and was
medically qualified for the position of RO. The physician also
determined that, related to the applicant's pulmonary condition, the
applicant was medically qualified from a physical and internal medicine
standpoint with a ``solo operation is not authorized'' restriction.
However, a determination that Student #1 met the medical requirements
for licensed operations still required further psychological
evaluation. The physician provided three documents explaining his
determinations to Dr. Krahenbuhl.
Despite receiving the physician's supporting documentation, Dr.
Krahenbuhl disregarded the physician's medical determination and,
contrary to 10 CFR 50.5(a)(2) and 55.23 requirements, signed and
certified the applicant's NRC Form 396 on April 21, 2015, attesting
that the applicant met the medical requirements for licensed operators
at RRR with a ``solo operation is not authorized'' restriction based on
a pulmonary condition. In addition, she certified that a physician
determined that the applicant's physical condition and general health
were such that the applicant's medical condition would not be expected
to cause operational errors endangering public health and safety. The
applicant had not received the psychological evaluation that the
physician stated was required prior to satisfying the medical
requirements for an RO license. Dr. Krahenbuhl then submitted the NRC
Form 396 containing incomplete and inaccurate information to the NRC.
Furthermore, the NRC Form 396, which the NRC received on April 28,
2015, did not include the appropriate supporting medical evidence
provided by the physician for a ``solo operation is not authorized''
restriction, as required by 10 CFR 55.23(b). Student #1 was permitted
to take the written and operational portion of the RO examination in
May 2015, in part, because a pulmonary condition was the only medical
issue known to the NRC that could explain the ``solo operation is not
authorized'' restriction identified on the student's application when
the RO license examination was administered. The investigation further
noted that the assigned NRC examiner made multiple attempts to obtain
the required supporting medical documentation that would explain the
applicant's ``solo operation is not authorized'' designation; however,
Dr. Krahenbuhl did not provide the requested documentation to the NRC
until June 11, 2015. It was at that time the NRC first became aware of
additional medical information and of the physician's determination
that the applicant needed further evaluation before being deemed
medically qualified for the position of RO. Had the NRC received the
supporting medical evidence when Dr. Krahenbuhl submitted the NRC Form
396 for Student #1 in April 2015, Student #1 would not have been
permitted to take the RO examination without further NRC evaluation.
OI Investigation No. 4-2017-023 documented that, on April 9, 2015,
a second Reed College student (Student #2) who was a licensed RO at the
RRR was involved in an incident that caused the student to take a
medical leave of absence from Reed College. Student #2 remained on the
medical leave of absence from April 9, 2015, through January 2017. On
April 10, 2015, Dr. Krahenbuhl removed Student #2's unescorted access
to the RRR and removed the student from the control room access list
(CRAL).
Shortly after the April 9, 2015, incident, Student #2 and Dr.
Krahenbuhl had a conversation where they, in part, discussed the
student's ability to take the upcoming senior reactor operator (SRO)
licensing exam. Student #2 testified that, during this conversation,
the student disclosed certain medical information to Dr. Krahenbuhl. As
the RRR Director, Dr. Krahenbuhl knew that this potentially
disqualifying information would likely cause the student not to meet
certain requirements of the American National Standards Institute
(ANSI)/American Nuclear Society (ANS) standard. (Reed College also
incorporated ANSI/ANS 15.4-1988 (R1999), ``Selection and Training of
Personnel for Research Reactors,'' in the technical specifications
(Section 6.1.4) of its license.)
[[Page 16138]]
On May 7, 2015, the day before Student #2's SRO license exam at
RRR, Dr. Krahenbuhl met with an NRC examiner. Dr. Krahenbuhl informed
the NRC examiner that Student #2 was fit to take the exam. Although
there were several opportunities to do so, Dr. Krahenbuhl did not
disclose to the NRC examiner the potentially disqualifying information,
that Student #2 was on medical leave at the time, and that Dr.
Krahenbuhl had removed the student's unescorted access to the RRR.
Because of Dr. Krahenbuhl's actions as described above, Student #2 was
permitted to take the SRO exam on May 8, 2015, which Student #2
ultimately passed, and the NRC issued an SRO license to the individual
on July 30, 2015, based on incomplete and inaccurate information. The
NRC did not become aware of the incomplete and inaccurate information
until February 2017, when Dr. Krahenbuhl submitted an NRC Form 396 with
updated medical information for Student #2 and indicated that it was
``for information only.'' Had Dr. Krahenbuhl provided the NRC with
complete and accurate information about Student #2 before the SRO exam,
the student would not have been allowed to take the exam or continue to
hold an RO license without further NRC evaluation.
After Dr. Krahenbuhl removed Student #2's unescorted access to the
RRR on April 10, 2015, when the student took a leave of absence, she
gave Student #2 a key to the RRR facility on May 8, 2015, to facilitate
the administration of the SRO license exam. By giving Student #2 the
key, Dr. Krahenbuhl provided Student #2 unescorted access to the
facility, including access to vital areas, contrary to the licensee's
procedures that required Student #2 to be escorted in the vital areas
because Student #2 was not on the unescorted access lists for the RRR
Control Room or Vital Area. These procedures implement requirements of
the RRR physical security plan. Reed College Renewed FOL R-112, License
Condition 2.C.(3), requires the licensee to maintain and fully
implement all provisions of the physical security plan. Thus, Dr.
Krahenbuhl's deliberate violation of the facility access control
procedures that implement the RRR physical security plan caused the
licensee to violate License Condition 2.C.(3).
During the PEC, Dr. Krahenbuhl acknowledged (through her
representative) that the information regarding Student #1 and Student
#2 that she provided to the NRC was not complete and accurate in all
material respects; however, she stated that she did not intend to
deliberately mislead the NRC. The NRC reviewed the information provided
at the PEC with the information from the investigations and determined
that Dr. Krahenbuhl's assertion that her actions were not willful is
not credible. A preponderance of the evidence in the record
demonstrates that she, in fact, knew that the medical fitness
information she provided to the NRC regarding Student #1 and Student #2
was not complete and accurate in all material respects.
Accordingly, the NRC has determined that Dr. Krahenbuhl's actions
were a violation of 10 CFR 50.5, ``Deliberate misconduct.'' The NRC
considers Dr. Krahenbuhl's actions significant because she deliberately
misled the NRC regarding the qualifications of applicants for an RO and
an SRO license. The misleading information and information that was
withheld was material to the NRC's determination whether the
applicants' medical conditions and general health would adversely
affect the performance of assigned operator job duties or cause
operational errors endangering public health and safety. The NRC also
considers deliberate violations of its facility security and access
control requirements significant because persons granted unescorted
access to the control room and other vital areas of the RRR facility
must demonstrate a pattern of trustworthy and reliable behavior to
provide the assurance that the facility is protected from potential
radiological risk from insider threats, and that their actions will not
adversely impact the common defense and security or the public health
and safety.
III
Based on the above, the NRC has determined that Dr. Melinda
Krahenbuhl, as the Director of the RRR, provided incomplete and
inaccurate information to the NRC on multiple occasions in violation of
10 CFR 50.5(a)(2). Dr. Krahenbuhl also engaged in deliberate misconduct
in violation of 10 CFR 50.5(a)(1) by deliberately violating facility
access control procedures that implement the RRR physical security
plan, causing the licensee to violate Renewed FOL R-112, License
Condition 2.C.(3).
Consequently, given the significance of the underlying issues, Dr.
Krahenbuhl's position within the Reed College organization, and the
deliberate nature of her actions, the NRC lacks the requisite
reasonable assurance that Dr. Krahenbuhl can conduct licensed
activities in compliance with the Commission's requirements and that
the health and safety of the public will be protected if Dr. Krahenbuhl
were permitted at this time to be involved in NRC-licensed activities.
Therefore, (1) License No. SOP-70678-1 issued to Dr. Melinda Krahenbuhl
pursuant to 10 CFR part 55 is hereby suspended for 3 years; and (2) Dr.
Krahenbuhl is further prohibited from any involvement in NRC-licensed
activities for a period of 3 years from the effective date of this
Order. Additionally, Dr. Krahenbuhl is required to notify the NRC of
her first employment in NRC-licensed activities following the
prohibition period. Furthermore, I find that the significance of Dr.
Krahenbuhl's willful misconduct described above is such that the public
health, safety, and interest require that this Order be effective on
the date of issuance.
IV
Accordingly, pursuant to sections 104c, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR 55.61, It is
Hereby Ordered, Effective Upon the Date of Issuance, That:
1. NRC License No. SOP-70678-1 issued to Dr. Melinda Krahenbuhl
pursuant to 10 CFR part 55 is suspended for 3 years;
2. Dr. Melinda Krahenbuhl is prohibited for 3 years, from the
effective date of this Order, from engaging in, supervising, directing,
or in any other way conducting NRC-licensed activities (with a limited
exception as explained more fully below). NRC-licensed activities are
those activities that are conducted pursuant to a specific or general
license issued by the NRC, including, but not limited to, those
activities of Agreement State licensees conducted pursuant to the
authority granted by 10 CFR 150.20. In relation to NRC-licensed
activities at the RRR facility, for a period of 90 days after issuance
of this order, Dr. Krahenbuhl is permitted to respond to questions from
the President of the College (i.e., Level 1 individual responsible for
the reactor facility's license), Dean of the Faculty, or the Vice
President & Treasurer of the College, for the limited purpose of
facilitating the safe and orderly transition of RRR-related licensed
activities;
3. If Dr. Melinda Krahenbuhl is currently involved in NRC-licensed
activities at any other NRC licensee, contractor, vendor, or any other
organization, she must immediately cease those activities and inform
the NRC of the name, address, and telephone number of the NRC licensee,
contractor, vendor, or any other
[[Page 16139]]
organization, and provide a copy of this order to those entities;
4. For a period of 1 year after the 3-year period of prohibition
has expired, Dr. Melinda Krahenbuhl shall, within 20 days of acceptance
of her first employment offer involving NRC-licensed activities, as
defined in paragraph IV.2 above, provide notice to the Director, Office
of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, of the name, address, and telephone number of the employer
or the entity where she is, or will be, involved in the NRC-licensed
activities. In the notification, Dr. Krahenbuhl shall include a
statement of her commitment to compliance with regulatory requirements
and the basis why the Commission should have confidence that she will
now comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Dr. Melinda
Krahenbuhl of good cause.
V
In accordance with 10 CFR 2.202, Dr. Melinda Krahenbuhl must submit
a written answer to this Order under oath or affirmation within 30 days
of its issuance. Dr. Krahenbuhl's failure to respond to this Order
could result in additional enforcement action in accordance with the
Commission's Enforcement Policy. In addition, Dr. Krahenbuhl and any
other person adversely affected by this Order may request a hearing on
this Order within 30 days of its issuance. If a person other than Dr.
Krahenbuhl requests a hearing, that person shall set forth with
particularity the manner in which his or her interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.309(d) and (f). Where good cause is shown, consideration will be
given to extending the time to answer or request a hearing. A request
for extension of time must be directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001, 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 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 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
[[Page 16140]]
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.
If a hearing is requested by Dr. Melinda Krahenbuhl or 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
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 IV above shall be final 30
days from the date of issuance without further order or proceedings. If
an extension of time for requesting a hearing has been approved, the
provisions specified in Section IV shall be final when the extension
expires if a hearing request has not been received.
Dated at Rockville, Maryland, this 16th day of March 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director Office of Enforcement.
[FR Doc. 2020-05925 Filed 3-19-20; 8:45 am]
BILLING CODE 7590-01-P
