In the Matter of Tennessee Valley Authority, Chattanooga, TN, 70203-70205 [2020-24392]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0218. A copy
of the collection of information and
related instructions may be obtained
without charge by accessing Docket ID
NRC–2020–0218 on this website.
• 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 pdr.resource@
nrc.gov. The supporting statement is
available in ADAMS under Accession
No. ML20203M169.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting NRC’s Clearance
Officer, David Cullison, Office of the
Chief Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: Infocollects.Resource@
nrc.gov.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2020–0218 in your
comment submission.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. The NRC will
post all comment submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS,
and the NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
VerDate Sep<11>2014
18:16 Nov 03, 2020
Jkt 253001
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: Part 19 of title 10 of the Code
of Federal Regulations (10 CFR),
‘‘Notices, Instructions and Reports to
Workers: Inspection and
Investigations.’’
2. OMB approval number: 3150–0044.
3. Type of submission: Revision.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: As necessary in order that
adequate and timely reports of radiation
exposure be made to individuals
involved in applicable NRC-licensed
activities.
6. Who will be required or asked to
respond: Licensees authorized to
receive, possess, use, or transfer
material licensed by the NRC.
7. The estimated number of annual
responses: 1,899,235.
8. The estimated number of annual
respondents: 19,500.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 579,661.
10. Abstract: 10 CFR part 19
establishes requirements for notices,
instructions, and reports by licensees
and regulated entities to individuals
participating in NRC-licensed and
regulated activities and options
available to these individuals in
connection with Commission
inspections of licensees and regulated
entities, and to ascertain compliance
with the provisions of the Atomic
Energy Act of 1954, as amended, Titles
II and IV of the Energy Reorganization
Act of 1974, and regulations, orders, and
licenses thereunder. The regulations in
this part also establish the rights and
responsibilities of the Commission and
individuals during interviews
compelled by subpoena as part of the
agency’s inspections or investigations
under Section 161c of the Atomic
Energy Act of 1954, as amended, on any
matter within the Commission’s
jurisdiction.
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
70203
III. Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated: October 30, 2020.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2020–24400 Filed 11–3–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. EA–20–006, EA–20–007; NRC–
2020–0244]
In the Matter of Tennessee Valley
Authority, Chattanooga, TN
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
Imposing Civil Penalty in the amount of
$606,942 to Tennessee Valley Authority
(TVA). The NRC determined that four
violations of NRC’s employee protection
regulation occurred as identified during
two investigations completed on
October 3, 2019, and January 21, 2020,
by the NRC’s Office of Investigations
(OI) relating to activities at the TVA. In
the first investigation, the NRC
determined that a former employee was
first subjected to an investigation and
then placed on administrative leave on
May 25, 2018, in part, for engaging in
protected activity. In the second
investigation, the NRC determined that
a second former employee was
subjected to an investigation, placed on
paid administrative leave on October 15,
2018, and terminated on January 14,
2019, in part, for engaging in the
protected activity. The order is effective
on the date of issuance.
DATES: The Order was issued on October
29, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2020–0244 when contacting the
NRC about the availability of
SUMMARY:
E:\FR\FM\04NON1.SGM
04NON1
70204
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Notices
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–2020–0244. Address
questions about 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 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 pdr.resource@
nrc.gov. Order EA–20–006, EA–20–007,
issued to TVA on October 29, 2020, is
available in ADAMS under Accession
No. ML20297A544.
• Attention: The PDR, where you may
examine, and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ian
Gifford, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9216, email: Ian.Gifford@
nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: October 29, 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
United States of America Nuclear
Regulatory Commission
In the Matter of TENNESSEE VALLEY
AUTHORITY, CHATTANOOGA,
TENNESSEE
Docket Numbers: 05000259, 05000260,
05000296, 05000327, 05000328,
05000390, 05000391
License Numbers: DPR–33, DPR–52,
DPR–68, DPR–77, DPR–79, NPF–90,
NPF–96
EA–20–006, EA–20–007
Order Imposing Civil Monetary Penalty
I
Tennessee Valley Authority (TVA)
holds Browns Ferry Units 1, 2, and 3
VerDate Sep<11>2014
18:16 Nov 03, 2020
Jkt 253001
License Nos. DPR–33, DPR–52, and
DPR–68 issued by the Nuclear
Regulatory Commission (NRC or
Commission) pursuant to Part 50 of
Title 10 of the Code of Federal
Regulations (10 CFR), on December 20,
1973, June 28, 1974, and July 2, 1976,
respectively. The units are located on
the Licensee’s site in Athens, Alabama.
TVA holds Sequoyah Units 1 and 2
License Nos. DPR–77 and DPR–79
issued by the NRC pursuant to 10 CFR
part 50, on September 17, 1980, and
September 15, 1981, respectively. The
units are located on the Licensee’s site
in Soddy-Daisy, Tennessee. TVA holds
Watts Bar Units 1 and 2 License Nos.
NPF–90 and NPF–96 issued by the NRC
pursuant to 10 CFR part 50, on February
7, 1996, and October 22, 2015,
respectively. The units are located on
the Licensee’s site in Spring City,
Tennessee. The licenses authorize the
operation of these facilities in
accordance with the conditions
specified therein.
II
Two investigations were completed
on October 3, 2019 (2–2018–033), and
January 21, 2020 (2–2019–015), by the
NRC Office of Investigations (OI). The
results of these investigations indicated
that the Licensee had not conducted its
activities in full compliance with NRC
requirements, specifically, 10 CFR 50.7,
‘‘Employee Protection.’’
A written Notice of Violation and
Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee
by letter dated August 24, 2020. The
Notice states the nature of the
violations, the provisions of the NRC’s
requirements that the Licensee violated,
and the amount of the civil penalty
proposed for the violations.
The Licensee responded to the Notice
in a letter dated September 23, 2020. In
its response, the Licensee denied all
four violations and stated that, if the
NRC continues to believe that the
violations occurred, then at a minimum
the NRC should reduce the severity
level of the alleged violations and
commensurately reduce the civil
penalty.
III
After consideration of the Licensee’s
response and the statements of fact,
explanation, and argument for
mitigation contained therein, the NRC
staff has, as set forth in the Appendix to
this Order, determined that the
violations occurred as stated and that
the penalty proposed for the violations
designated in the Notice should be
imposed.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
IV
In view of the foregoing and pursuant
to Section 234 of the Atomic Energy Act
of 1954, as amended (Act), 42 U.S.C.
2282, and 10 CFR 2.205, it is hereby
ordered that:
The Licensee pay a civil penalty in
the amount of $606,942 within 30 days
of the date of this Order, in accordance
with NUREG/BR–0254. In addition, at
the time payment is made, the Licensee
shall submit a statement indicating
when and by what method payment was
made to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852–2738.
V
In accordance with 10 CFR 2.202,
‘‘Orders,’’ TVA must, and any other
person adversely affected by this Order
may, submit an answer to this Order
within 30 days of the date of the Order.
In addition, TVA and any other person
adversely affected by this Order may
request a hearing on this Order within
30 days of the date of the Order. 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, and
include a statement of good cause for
the extension.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
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
E:\FR\FM\04NON1.SGM
04NON1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 214 / Wednesday, November 4, 2020 / Notices
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
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
VerDate Sep<11>2014
18:16 Nov 03, 2020
Jkt 253001
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘cancel’’ when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
70205
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 a licensee
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 this Order 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. If
payment has not been made by the time
specified above, the matter may be
referred to the Attorney General for
collection.
For the Nuclear Regulatory Commission.
GEORGE A. WILSON,
Director, Office of Enforcement.
Dated this 29th day of October 2020.
[FR Doc. 2020–24392 Filed 11–3–20; 8:45 am]
BILLING CODE 7590–01–P
PEACE CORPS
Information Collection Request
Submission for OMB Review
Peace Corps.
30-Day notice and request for
comments.
AGENCY:
ACTION:
The Peace Corps will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval. The purpose of
this notice is to allow 30 days for public
comment in the Federal Register
preceding submission to OMB. We are
conducting this process in accordance
with the Paperwork Reduction Act of
1995.
DATES: Submit comments on or before
December 4, 2020.
ADDRESSES: Comments should be
addressed to Virginia Burke, FOIA/
Privacy Act Officer. Virginia Burke can
be contacted by email at pcfr@
peacecorps.gov. Email comments must
be made in text and not in attachments.
FOR FURTHER INFORMATION CONTACT:
Virginia Burke at Peace Corps address
above; telephone at (202) 692–1887.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\04NON1.SGM
04NON1
]]>Agencies
[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70203-70205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24392]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. EA-20-006, EA-20-007; NRC-2020-0244]
In the Matter of Tennessee Valley Authority, Chattanooga, TN
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order Imposing Civil Penalty in the amount of $606,942 to Tennessee
Valley Authority (TVA). The NRC determined that four violations of
NRC's employee protection regulation occurred as identified during two
investigations completed on October 3, 2019, and January 21, 2020, by
the NRC's Office of Investigations (OI) relating to activities at the
TVA. In the first investigation, the NRC determined that a former
employee was first subjected to an investigation and then placed on
administrative leave on May 25, 2018, in part, for engaging in
protected activity. In the second investigation, the NRC determined
that a second former employee was subjected to an investigation, placed
on paid administrative leave on October 15, 2018, and terminated on
January 14, 2019, in part, for engaging in the protected activity. The
order is effective on the date of issuance.
DATES: The Order was issued on October 29, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0244 when contacting the
NRC about the availability of
[[Page 70204]]
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-2020-0244. Address
questions about 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]. Order EA-20-006, EA-20-007, issued to
TVA on October 29, 2020, is available in ADAMS under Accession No.
ML20297A544.
Attention: The PDR, where you may examine, and order
copies of public documents is currently closed. You may submit your
request to the PDR via email at [email protected] or call 1-800-397-
4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ian Gifford, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-287-9216, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: October 29, 2020.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
United States of America Nuclear Regulatory Commission
In the Matter of TENNESSEE VALLEY AUTHORITY, CHATTANOOGA, TENNESSEE
Docket Numbers: 05000259, 05000260, 05000296, 05000327, 05000328,
05000390, 05000391
License Numbers: DPR-33, DPR-52, DPR-68, DPR-77, DPR-79, NPF-90, NPF-96
EA-20-006, EA-20-007
Order Imposing Civil Monetary Penalty
I
Tennessee Valley Authority (TVA) holds Browns Ferry Units 1, 2, and
3 License Nos. DPR-33, DPR-52, and DPR-68 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title
10 of the Code of Federal Regulations (10 CFR), on December 20, 1973,
June 28, 1974, and July 2, 1976, respectively. The units are located on
the Licensee's site in Athens, Alabama. TVA holds Sequoyah Units 1 and
2 License Nos. DPR-77 and DPR-79 issued by the NRC pursuant to 10 CFR
part 50, on September 17, 1980, and September 15, 1981, respectively.
The units are located on the Licensee's site in Soddy-Daisy, Tennessee.
TVA holds Watts Bar Units 1 and 2 License Nos. NPF-90 and NPF-96 issued
by the NRC pursuant to 10 CFR part 50, on February 7, 1996, and October
22, 2015, respectively. The units are located on the Licensee's site in
Spring City, Tennessee. The licenses authorize the operation of these
facilities in accordance with the conditions specified therein.
II
Two investigations were completed on October 3, 2019 (2-2018-033),
and January 21, 2020 (2-2019-015), by the NRC Office of Investigations
(OI). The results of these investigations indicated that the Licensee
had not conducted its activities in full compliance with NRC
requirements, specifically, 10 CFR 50.7, ``Employee Protection.''
A written Notice of Violation and Proposed Imposition of Civil
Penalty (Notice) was served upon the Licensee by letter dated August
24, 2020. The Notice states the nature of the violations, the
provisions of the NRC's requirements that the Licensee violated, and
the amount of the civil penalty proposed for the violations.
The Licensee responded to the Notice in a letter dated September
23, 2020. In its response, the Licensee denied all four violations and
stated that, if the NRC continues to believe that the violations
occurred, then at a minimum the NRC should reduce the severity level of
the alleged violations and commensurately reduce the civil penalty.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has, as set forth in the Appendix to this Order,
determined that the violations occurred as stated and that the penalty
proposed for the violations designated in the Notice should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205,
it is hereby ordered that:
The Licensee pay a civil penalty in the amount of $606,942 within
30 days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time payment is made, the Licensee shall submit a
statement indicating when and by what method payment was made to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
V
In accordance with 10 CFR 2.202, ``Orders,'' TVA must, and any
other person adversely affected by this Order may, submit an answer to
this Order within 30 days of the date of the Order. In addition, TVA
and any other person adversely affected by this Order may request a
hearing on this Order within 30 days of the date of the Order. 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, 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
[[Page 70205]]
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 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 a licensee 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 this Order 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. If payment has not
been made by the time specified above, the matter may be referred to
the Attorney General for collection.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Dated this 29th day of October 2020.
[FR Doc. 2020-24392 Filed 11-3-20; 8:45 am]
BILLING CODE 7590-01-P
