Confirmatory Order Modifying License of Cammenga and Associates, LLC, 63530-63533 [2022-22716]

Download as PDF 63530 Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices Authority and Signature James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by section 19 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668), 5 U.S.C. 7902, the Federal Advisory Committee Act (5 U.S.C. app. 2), Executive Order 12196 and 14048, Secretary of Labor’s Order 08–2020, 29 CFR part 1960 (Basic Program Elements of for Federal Employee Occupational Safety and Health Programs), and 41 CFR part 102– 3. Signed at Washington, DC. James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2022–22688 Filed 10–18–22; 8:45 am] BILLING CODE 4510–26–P NUCLEAR REGULATORY COMMISSION [Docket No. 03033009; EA–2021–157; NRC– 2022–0179] Confirmatory Order Modifying License of Cammenga and Associates, LLC Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Cammenga and Associates, LLC, as a result of a successful alternative dispute resolution mediation session. The commitments outlined in the Confirmatory Order were made as a part of a settlement agreement concerning apparent violations by Cammenga and Associates regarding the distribution of products containing byproduct material (hydrogen-3) without the required licensing authorization. SUMMARY: The Confirmatory Order became effective on October 6, 2022. ADDRESSES: Please refer to Docket ID NRC–2022–0179 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–2022–0179. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed jspears on DSK121TN23PROD with NOTICES DATES: VerDate Sep<11>2014 17:58 Oct 18, 2022 Jkt 259001 in the For FURTHER INFORMATION 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. The Confirmatory Order modifying license of Cammenga and Associates, LLC. is available in ADAMS under Accession No. ML22278A182. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Carmen Rivera-Diaz, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–0296, email: Carmen.RiveraDiaz@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the order is attached. CONTACT Dated: October 14, 2022. For the Nuclear Regulatory Commission. Dori Willis, Acting Director, Office of Enforcement. Attachment—Confirmatory Order Modifying License of Cammenga and Associates, LLC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Cammenga and Associates, Inc. Dearborn, Michigan Docket Nos. 03038679 License Nos. 21–26460–03E SSD Registration No.: NR–0210–D–101–E EA–21–157 CONFIRMATORY ORDER MODIFYING LICENSE EFFECTIVE UPON ISSUANCE I Cammenga and Associates, LLC, (Cammenga or Licensee) is the holder of Materials License No. 21–26460–03E and Sealed Source and Device Registration (SSD) Certificate No. NR–0210–D–101–E issued by the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 30 and 32 of Title 10 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 of the Code of Federal Regulations (10 CFR). The license authorizes Cammenga to distribute products containing byproduct material (tritium, hydrogen-3) to persons exempt from the regulations. For the products authorized under License No. 21– 26460–03E, an SSD is required and is captured as a License Condition in the license. The SSD identifies the models that are authorized for distribution under the license. This Confirmatory Order is the result of an agreement reached during an alternative dispute resolution (ADR) mediation session conducted on June 28, 2022. II The NRC conducted investigations in 2021 (OI Case No. 3–2021–008) related to apparent violations by Cammenga regarding the distribution of products containing byproduct material (hydrogen-3) without the required licensing authorization. On March 17, 2022, the NRC issued a letter to Cammenga that detailed the results of the investigation and outlined two apparent violations. The first apparent violation involved Cammenga’s failure to limit its distribution of self-luminous products to the products authorized in its NRC License No. 21–26460–03E. The product was listed on a redistributor’s website as the Tritium Pry Bar. Specifically, between late 2020 and January 27, 2021, the licensee distributed to an unlicensed entity at least 25 Tritium Pry Bars that were not included in the products authorized in NRC License No. 21–26460– 03E, in accordance with NRC SSD registration certificate No. NR–0210–D–101– E. The second apparent violation involved Cammenga’s failure to limit its distribution of self-luminous products to the products authorized in its NRC License No. 21–26460– 03E. The product was listed on a redistributor’s website as the Tritium Glow Fob. Specifically, between late 2020 and January 27, 2021, the licensee distributed to an unlicensed entity at least 10 Tritium Glow Fobs that were not included in the products authorized in NRC License No. 21–26460– 03E, in accordance with NRC SSD registration certificate No. NR–0210–D–101– E. The failure to conduct activities in accordance with a license is significant because it resulted in the NRC not being able to conduct its regulatory responsibilities to ensure that the products were safe for distribution to members of the public, and it inhibited the process of regulatory oversight. The NRC determined that regarding the first violation identified in the March 17, 2022, letter, Cammenga’s actions were willful. Specifically, Cammenga distributed 25 products containing tritium, identified in the March 17, 2022, letter as the Tritium Pry Bar. The NRC’s determination of willfulness was not based on a finding that Cammenga deliberately intended to violate NRC requirements, but rather on Cammenga’s careless disregard in failing to pursue necessary actions to ensure Cammenga’s compliance. Willful violations are of significant concern to the NRC because the NRC’s regulatory programs rely upon the integrity of entities, applicants, and licensees E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices jspears on DSK121TN23PROD with NOTICES to comply with NRC regulations and requirements. For both violations identified in the March 17, 2022, letter, the NRC considered whether Cammenga had taken corrective actions to restore and maintain compliance. The insufficient information regarding Cammenga’s corrective actions warranted a response by the licensee to the final action including providing a detailed description of its corrective actions.’’ In the March 17, 2022, letter, the NRC offered Cammenga the choice to: (1) respond in writing to the apparent violations addressed in the NRC’s inspection report within 30 days of the date of the letter; (2) request a Pre-decisional Enforcement Conference (PEC); or (3) request ADR mediation. Cammenga requested ADR. On June 28, 2022, Cammenga and the NRC met in an ADR session mediated by a professional mediator, arranged through Cornell University’s Institute on Conflict Resolution. The ADR process is one in which a neutral mediator, with no decision-making authority, assists the parties in reaching an agreement on resolving any differences regarding the dispute. This Confirmatory Order is issued pursuant to the agreement reached during the ADR process. III As a result of an ADR mediation session held on June 28, 2022, NRC and Cammenga reached a preliminary agreement. The elements of the agreement, as signed by both parties on June 28, 2022, consisted of the following: 1. Cammenga shall issue a company policy statement to its employees regarding the importance of regulatory compliance. a. The Policy Statement regarding Regulatory Compliance shall provide Cammenga management’s position on (1) the importance of ensuring full understanding of the regulatory and license requirements, (2) the ethics of complying with regulatory requirements, (3) the awareness that willful violations are unacceptable, pursuant to the requirements of 10 CFR 30.9 and 30.10, (4) that there are potential criminal sanctions that the Department of Justice may take against individuals for deliberate misconduct, and (5) the need to ensure the primacy of regulatory compliance over competing goals. b. Within 60 days of the date of the Confirmatory Order, Cammenga shall create and provide copies of the company policy statement to all employees. c. Within 60 days of the date of the Confirmatory Order, Cammenga shall provide a copy of company policy statement to the NRC. d. Cammenga shall maintain copies of the company policy statement for NRC inspection. 2. Cammenga shall issue a letter to its current resellers articulating the existence of regulatory requirements, the importance of distributing only products that are authorized, and the importance of asking their suppliers to confirm that the product is properly authorized. a. Within 60 days of the date of the Confirmatory Order, Cammenga shall issue the letter to current resellers. VerDate Sep<11>2014 17:58 Oct 18, 2022 Jkt 259001 b. Within 60 days of the date of the Confirmatory Order, Cammenga shall provide a copy of the letter to the NRC. c. Cammenga shall maintain copies of the letter for NRC inspection. 3. Cammenga shall conduct initial and annual refresher training for all engineering and management personnel that are responsible for ensuring compliance with all active NRC Exempt Distribution Licenses and Sealed Source and Device Certificates. The training shall consist of reviewing all active NRC Exempt Distribution Licenses and Sealed Source and Device Certificates. a. Cammenga shall maintain documentation for training completed. The training documentation shall include a summary of the contents of the training and the individuals completing the training. The training documentation shall be maintained for 5 years. The training can be a read-andsign. b. Within 60 days of the date of the Confirmatory Order, Cammenga shall conduct the initial training for all current individuals engaged in licensed activities. c. For individuals not currently engaged in the above activities, Cammenga shall conduct initial training prior to engagement in relevant activities. d. By December 31 of each calendar year, Cammenga shall conduct annual refresher training for all individuals engaged in relevant activities. e. Cammenga shall maintain copies of the training documentation for NRC inspection. 4. Within 90 days of the date of the CO, Cammenga shall create and maintain and implement written procedures to ensure that only products approved on the distribution license shall be distributed. The procedures will be available for NRC inspection. 5. Within 90 days of the date of the CO, Cammenga shall create and maintain written procedures for a process for new or changed designs to ensure the design either (1) fits within what is currently authorized, or (2) an amendment is submitted and approved by the NRC prior to distribution. The process will include a step to assess if it is appropriate to request a pre-application meeting with NRC. The procedures will be available for NRC inspection. 6. Cammenga commits to cease distribution of the Tritium Pry Bar and Tritium Glow Fob (Cammenga will provide the product number for these two models for the CO), until such time as Cammenga receives written confirmation from NRC that the model is approved. 7. Within 180 days of the date of the CO, Cammenga will perform an audit of all current models in inventory or production to confirm products are authorized for distribution. a. Cammenga will not distribute any models not confirmed authorized for distribution. b. Cammenga will document the review. The documentation will include the following: list of models reviewed, determination whether the model is authorized for distribution, and if authorized, the number of the associated SSD and drawing number. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 63531 c. The documentation will be available for NRC inspection and will be maintained for three years. 8. Cammenga will perform an annual assessment of program and compliance for NRC License No. 21–26460–03E. The review will specifically include: review for implementation of appropriate procedures, verification that training was completed and documented as per the ADR CO, and that all new/changed products were reviewed under the new/change product process. Cammenga will maintain documentation of the review. The documentation will be available for NRC inspection, and will be maintained for at least three years. a. By December 31 of each calendar year, Cammenga shall conduct an annual assessment of program and compliance. 9. Cammenga shall pay a civil penalty of $5000. a. Within 30 days of the date of the Confirmatory Order, Cammenga shall pay a civil penalty of $5000. Cammenga shall pay the civil penalty in accordance with NUREG/ BR–0254, ‘‘Payment Methods’’. b. Within 45 days of the date of the Confirmatory Order, Cammenga shall submit to the NRC, a statement indicating when and by what method payment was made. On September 21, 2022, Cammenga consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Cammenga further agreed that this Confirmatory Order is to be effective upon issuance of the Confirmatory Order and that it has waived its right to a hearing. IV Since the licensee has agreed to take additional actions to address NRC concerns, as set forth in Section III above, the NRC has concluded that its concerns can be resolved through issuance of this Confirmatory Order. I find that Cammenga’s commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that Cammenga’s commitments be confirmed by this Confirmatory Order. Based on the above and Cammenga’s consent, this Confirmatory Order is effective upon issuance of the Confirmatory Order. V Accordingly, pursuant to Sections 81,161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202 and 10 CFR part 30, it is hereby ordered that license No. 21–26460–03E is modified as follows: 1. Cammenga shall issue a company policy statement to its employees regarding the importance of regulatory compliance. a. The Policy Statement regarding Regulatory Compliance shall provide Cammenga management’s position on (1) the importance of ensuring full understanding of the regulatory and license requirements, (2) the ethics of complying with regulatory requirements, (3) that willful violations are unacceptable, pursuant to the requirements of 10 CFR 30.9 and 30.10, (4) that there are E:\FR\FM\19OCN1.SGM 19OCN1 jspears on DSK121TN23PROD with NOTICES 63532 Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices potential criminal sanctions that the Department of Justice may take against individuals for deliberate misconduct, and (5) the need to ensure the primacy of regulatory compliance over competing goals. b. Within 60 days of the date of the Confirmatory Order, Cammenga shall create and provide copies of the company policy statement to all employees. c. Within 60 days of the date of the Confirmatory Order, Cammenga shall create and provide copies of the company policy statement to the NRC. d. Cammenga shall maintain copies of the company policy statement for NRC inspection. 2. Cammenga shall issue a letter to its current resellers articulating the existence of regulatory requirements, the importance of distributing only products that are authorized, and the importance of asking their suppliers to confirm that the product is properly authorized. a. Within 60 days of the date of the Confirmatory Order, Cammenga shall issue the letter to current resellers. b. Within 60 days of the date of the Confirmatory Order, Cammenga shall provide a copy of the letter to the NRC. c. Cammenga shall maintain copies of the letter for NRC inspection. 3. Cammenga shall conduct initial and annual refresher training for all engineering and management personnel that are responsible for ensuring compliance with any active NRC Exempt Distribution Licenses and Sealed Source and Device Certificates. The training shall consist of reviewing all active NRC Exempt Distribution Licenses and Sealed Source and Device Certificates. a. Cammenga shall maintain documentation for training completed. The training documentation shall include a summary of the contents of the training and the individuals completing the training. The training documentation shall be maintained for five years. The training can be a read-andsign. b. Within 60 days of the date of the Confirmatory Order, Cammenga shall conduct the initial training for all current individuals engaged in licensed activities. c. For individuals not currently engaged in licensed activities, Cammenga shall conduct initial training prior to engagement in such activities. d. By December 31 of each calendar year, Cammenga shall conduct annual refresher training for all individuals engaged in such activities. e. Cammenga shall maintain copies of the training documentation for NRC inspection. 4. Within 90 days of the date of the Confirmatory Order, Cammenga shall create, maintain, and implement written procedures to ensure that only products approved on the distribution license shall be distributed. The procedures shall be available for NRC inspection. 5. Within 90 days of the date of the Confirmatory Order, Cammenga shall create, maintain, and implement written procedures for a process for new or changed designs to ensure that either (1) the design fits within what is currently authorized, or (2) a license amendment is submitted and approved by VerDate Sep<11>2014 17:58 Oct 18, 2022 Jkt 259001 the NRC prior to distribution. The process shall include a step to assess whether it is appropriate to request a pre-application meeting with NRC. The procedures shall be available for NRC inspection. 6. Cammenga shall cease distribution of the Tritium Pry Bar and Tritium Glow Fob, until such time as Cammenga receives written confirmation from NRC that the models are approved. 7. Within 180 days of the date of the Confirmatory Order, Cammenga shall perform an audit of all current models in inventory or production to confirm the products are authorized for distribution. a. Cammenga shall not distribute any models not confirmed as authorized for distribution. b. Cammenga shall document the audit review. The documentation shall include (1) the list of models reviewed, (2) determination of whether the model is authorized for distribution, and if authorized, (3) the associated SSD number and drawing number. c. The documentation shall be available for NRC inspection, and Cammenga shall maintain the documentation for three years. 8. Cammenga shall perform an annual assessment of program and compliance for NRC License No. 21–26460–03E. The assessment shall specifically include: (1) review for implementation of appropriate procedures, (2) verification that training was completed and documented as per the ADR Confirmatory Order, and (3) verification that all new/changed products have been reviewed under the new/change product process established in accordance with paragraph 5 above. Cammenga shall maintain documentation of the assessment. The documentation shall be available for NRC inspection, and Cammenga shall maintain the documentation for at least three years. a. By December 31 of each calendar year, Cammenga shall conduct an annual assessment of program and compliance. 9. Cammenga shall pay a civil penalty of $5000. a. Within 30 days of the date of the Confirmatory Order, Cammenga shall pay a civil penalty of $5000. Cammenga shall pay the civil penalty through one of the following methods: i. Submit the payment with the enclosed invoice to this Order (EA–21–157) to the following address: Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, P.O. Box 979051, St. Louis, MO 63197, OR ii. Submit the payment in accordance with NUREG/BR–0254, ‘‘Payment Methods’’. b. Within 45 days of the date of the Confirmatory Order, Cammenga shall submit to the NRC, a written 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. The NRC considers the corrective actions discussed above to be appropriately prompt and comprehensive. The NRC agrees not to pursue any further enforcement action in connection with the NRC’s March 17, 2022, letter to Cammenga. The Confirmatory Order shall constitute escalated enforcement action. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 This agreement is binding upon successors and assigns of NRC License No. 21–26460– 03E. In the event of the transfer of the possession and/or distribution licenses of Cammenga to another entity, the terms and conditions set forth hereunder shall continue to apply to the new entity and accordingly survive any transfer of ownership or license. Unless otherwise specified, all dates are from the date of issuance of the Confirmatory Order. Unless otherwise specified, all documents required to be submitted to the NRC shall be sent to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852–2738, with a copy to the Director, Materials Safety, Security, State, and Tribal Programs, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852–2738. Cammenga will also endeavor to provide courtesy electronic copies to the above individuals. The Director, Office of Enforcement, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. VI In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by this Confirmatory Order, other than Cammenga, may request a hearing within thirty (30) calendar days of the date of issuance of this Confirmatory Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. All documents filed in NRC adjudicatory proceedings including documents filed by an interested State, local governmental body, federally recognized Indian Tribes, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions is located in the ‘‘Guidance for Electronic Submissions to the NRC’’ (ADAMS Accession No. ML13031A056) and on the NRC’s public website at https://www.nrc.gov/ site-help/e-submittals.html. 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 E:\FR\FM\19OCN1.SGM 19OCN1 jspears on DSK121TN23PROD with NOTICES Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / Notices 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 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/esubmittals/getting-started.html. After a digital ID certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on submissions is available on the NRC’s public website at https://www.nrc.gov/site-help/electronic-subref-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. ET on the due date. Upon receipt of a transmission, the E-Filing system timestamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email 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 to 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 toll-free call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9:00 a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays. Participants who believe that they have good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)–(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1). Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, VerDate Sep<11>2014 17:58 Oct 18, 2022 Jkt 259001 unless excluded pursuant to an order of the presiding officer. If you do not have an NRCissued digital ID certificate as previously described, 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. 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 should not include copyrighted materials in their submission. If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by a person whose interest is adversely affected, the Commission will issue a separate Order designating the time and place of any hearings, as appropriate. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section V above shall be effective and final 30 days after issuance of the Confirmatory Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received. For the Nuclear Regulatory Commission. Mark D. Lombard, Director, Office of Enforcement. Dated this 6th day of October 2022. [FR Doc. 2022–22716 Filed 10–18–22; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2023–14 and CP2023–13] New Postal Products Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: October 20, 2022. ADDRESSES: Submit comments electronically via the Commission’s SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 63533 Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63530-63533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22716]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 03033009; EA-2021-157; NRC-2022-0179]


Confirmatory Order Modifying License of Cammenga and Associates, 
LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Confirmatory Order to Cammenga and Associates, LLC, as a result of a 
successful alternative dispute resolution mediation session. The 
commitments outlined in the Confirmatory Order were made as a part of a 
settlement agreement concerning apparent violations by Cammenga and 
Associates regarding the distribution of products containing byproduct 
material (hydrogen-3) without the required licensing authorization.

DATES: The Confirmatory Order became effective on October 6, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0179 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-2022-0179. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For  Further 
Information Contact section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The Confirmatory Order modifying 
license of Cammenga and Associates, LLC. is available in ADAMS under 
Accession No. ML22278A182.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carmen Rivera-Diaz, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-0296, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the order is attached.

    Dated: October 14, 2022.
    For the Nuclear Regulatory Commission.
Dori Willis,
Acting Director, Office of Enforcement.

Attachment--Confirmatory Order Modifying License of Cammenga and 
Associates, LLC

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of
Cammenga and Associates, Inc.
Dearborn, Michigan
Docket Nos. 03038679
License Nos. 21-26460-03E
SSD Registration No.: NR-0210-D-101-E
EA-21-157

CONFIRMATORY ORDER MODIFYING LICENSE

EFFECTIVE UPON ISSUANCE

I

    Cammenga and Associates, LLC, (Cammenga or Licensee) is the 
holder of Materials License No. 21-26460-03E and Sealed Source and 
Device Registration (SSD) Certificate No. NR-0210-D-101-E issued by 
the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 30 and 
32 of Title 10 of the Code of Federal Regulations (10 CFR). The 
license authorizes Cammenga to distribute products containing 
byproduct material (tritium, hydrogen-3) to persons exempt from the 
regulations. For the products authorized under License No. 21-26460-
03E, an SSD is required and is captured as a License Condition in 
the license. The SSD identifies the models that are authorized for 
distribution under the license.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on June 28, 2022.

II

    The NRC conducted investigations in 2021 (OI Case No. 3-2021-
008) related to apparent violations by Cammenga regarding the 
distribution of products containing byproduct material (hydrogen-3) 
without the required licensing authorization.
    On March 17, 2022, the NRC issued a letter to Cammenga that 
detailed the results of the investigation and outlined two apparent 
violations. The first apparent violation involved Cammenga's failure 
to limit its distribution of self-luminous products to the products 
authorized in its NRC License No. 21-26460-03E. The product was 
listed on a redistributor's website as the Tritium Pry Bar. 
Specifically, between late 2020 and January 27, 2021, the licensee 
distributed to an unlicensed entity at least 25 Tritium Pry Bars 
that were not included in the products authorized in NRC License No. 
21-26460-03E, in accordance with NRC SSD registration certificate 
No. NR-0210-D-101-E. The second apparent violation involved 
Cammenga's failure to limit its distribution of self-luminous 
products to the products authorized in its NRC License No. 21-26460-
03E. The product was listed on a redistributor's website as the 
Tritium Glow Fob. Specifically, between late 2020 and January 27, 
2021, the licensee distributed to an unlicensed entity at least 10 
Tritium Glow Fobs that were not included in the products authorized 
in NRC License No. 21-26460-03E, in accordance with NRC SSD 
registration certificate No. NR-0210-D-101-E.
    The failure to conduct activities in accordance with a license 
is significant because it resulted in the NRC not being able to 
conduct its regulatory responsibilities to ensure that the products 
were safe for distribution to members of the public, and it 
inhibited the process of regulatory oversight.
    The NRC determined that regarding the first violation identified 
in the March 17, 2022, letter, Cammenga's actions were willful. 
Specifically, Cammenga distributed 25 products containing tritium, 
identified in the March 17, 2022, letter as the Tritium Pry Bar. The 
NRC's determination of willfulness was not based on a finding that 
Cammenga deliberately intended to violate NRC requirements, but 
rather on Cammenga's careless disregard in failing to pursue 
necessary actions to ensure Cammenga's compliance. Willful 
violations are of significant concern to the NRC because the NRC's 
regulatory programs rely upon the integrity of entities, applicants, 
and licensees

[[Page 63531]]

to comply with NRC regulations and requirements.
    For both violations identified in the March 17, 2022, letter, 
the NRC considered whether Cammenga had taken corrective actions to 
restore and maintain compliance. The insufficient information 
regarding Cammenga's corrective actions warranted a response by the 
licensee to the final action including providing a detailed 
description of its corrective actions.''
    In the March 17, 2022, letter, the NRC offered Cammenga the 
choice to: (1) respond in writing to the apparent violations 
addressed in the NRC's inspection report within 30 days of the date 
of the letter; (2) request a Pre-decisional Enforcement Conference 
(PEC); or (3) request ADR mediation. Cammenga requested ADR.
    On June 28, 2022, Cammenga and the NRC met in an ADR session 
mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution. The ADR process is 
one in which a neutral mediator, with no decision-making authority, 
assists the parties in reaching an agreement on resolving any 
differences regarding the dispute. This Confirmatory Order is issued 
pursuant to the agreement reached during the ADR process.

III

    As a result of an ADR mediation session held on June 28, 2022, 
NRC and Cammenga reached a preliminary agreement. The elements of 
the agreement, as signed by both parties on June 28, 2022, consisted 
of the following:
    1. Cammenga shall issue a company policy statement to its 
employees regarding the importance of regulatory compliance.
    a. The Policy Statement regarding Regulatory Compliance shall 
provide Cammenga management's position on (1) the importance of 
ensuring full understanding of the regulatory and license 
requirements, (2) the ethics of complying with regulatory 
requirements, (3) the awareness that willful violations are 
unacceptable, pursuant to the requirements of 10 CFR 30.9 and 30.10, 
(4) that there are potential criminal sanctions that the Department 
of Justice may take against individuals for deliberate misconduct, 
and (5) the need to ensure the primacy of regulatory compliance over 
competing goals.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall create and provide copies of the company policy 
statement to all employees.
    c. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall provide a copy of company policy statement to the 
NRC.
    d. Cammenga shall maintain copies of the company policy 
statement for NRC inspection.
    2. Cammenga shall issue a letter to its current resellers 
articulating the existence of regulatory requirements, the 
importance of distributing only products that are authorized, and 
the importance of asking their suppliers to confirm that the product 
is properly authorized.
    a. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall issue the letter to current resellers.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall provide a copy of the letter to the NRC.
    c. Cammenga shall maintain copies of the letter for NRC 
inspection.
    3. Cammenga shall conduct initial and annual refresher training 
for all engineering and management personnel that are responsible 
for ensuring compliance with all active NRC Exempt Distribution 
Licenses and Sealed Source and Device Certificates. The training 
shall consist of reviewing all active NRC Exempt Distribution 
Licenses and Sealed Source and Device Certificates.
    a. Cammenga shall maintain documentation for training completed. 
The training documentation shall include a summary of the contents 
of the training and the individuals completing the training. The 
training documentation shall be maintained for 5 years. The training 
can be a read-and-sign.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall conduct the initial training for all current 
individuals engaged in licensed activities.
    c. For individuals not currently engaged in the above 
activities, Cammenga shall conduct initial training prior to 
engagement in relevant activities.
    d. By December 31 of each calendar year, Cammenga shall conduct 
annual refresher training for all individuals engaged in relevant 
activities.
    e. Cammenga shall maintain copies of the training documentation 
for NRC inspection.
    4. Within 90 days of the date of the CO, Cammenga shall create 
and maintain and implement written procedures to ensure that only 
products approved on the distribution license shall be distributed. 
The procedures will be available for NRC inspection.
    5. Within 90 days of the date of the CO, Cammenga shall create 
and maintain written procedures for a process for new or changed 
designs to ensure the design either (1) fits within what is 
currently authorized, or (2) an amendment is submitted and approved 
by the NRC prior to distribution. The process will include a step to 
assess if it is appropriate to request a pre-application meeting 
with NRC. The procedures will be available for NRC inspection.
    6. Cammenga commits to cease distribution of the Tritium Pry Bar 
and Tritium Glow Fob (Cammenga will provide the product number for 
these two models for the CO), until such time as Cammenga receives 
written confirmation from NRC that the model is approved.
    7. Within 180 days of the date of the CO, Cammenga will perform 
an audit of all current models in inventory or production to confirm 
products are authorized for distribution.
    a. Cammenga will not distribute any models not confirmed 
authorized for distribution.
    b. Cammenga will document the review. The documentation will 
include the following: list of models reviewed, determination 
whether the model is authorized for distribution, and if authorized, 
the number of the associated SSD and drawing number.
    c. The documentation will be available for NRC inspection and 
will be maintained for three years.
    8. Cammenga will perform an annual assessment of program and 
compliance for NRC License No. 21-26460-03E. The review will 
specifically include: review for implementation of appropriate 
procedures, verification that training was completed and documented 
as per the ADR CO, and that all new/changed products were reviewed 
under the new/change product process. Cammenga will maintain 
documentation of the review. The documentation will be available for 
NRC inspection, and will be maintained for at least three years.
    a. By December 31 of each calendar year, Cammenga shall conduct 
an annual assessment of program and compliance.
    9. Cammenga shall pay a civil penalty of $5000.
    a. Within 30 days of the date of the Confirmatory Order, 
Cammenga shall pay a civil penalty of $5000. Cammenga shall pay the 
civil penalty in accordance with NUREG/BR-0254, ``Payment Methods''.
    b. Within 45 days of the date of the Confirmatory Order, 
Cammenga shall submit to the NRC, a statement indicating when and by 
what method payment was made.
    On September 21, 2022, Cammenga consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. Cammenga further agreed that this Confirmatory Order is to be 
effective upon issuance of the Confirmatory Order and that it has 
waived its right to a hearing.

IV

    Since the licensee has agreed to take additional actions to 
address NRC concerns, as set forth in Section III above, the NRC has 
concluded that its concerns can be resolved through issuance of this 
Confirmatory Order.
    I find that Cammenga's commitments as set forth in Section V are 
acceptable and necessary and conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that public health and safety require 
that Cammenga's commitments be confirmed by this Confirmatory Order. 
Based on the above and Cammenga's consent, this Confirmatory Order 
is effective upon issuance of the Confirmatory Order.

V

    Accordingly, pursuant to Sections 81,161b, 161i, 161o, 182 and 
186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR part 30, it is 
hereby ordered that license No. 21-26460-03E is modified as follows:
    1. Cammenga shall issue a company policy statement to its 
employees regarding the importance of regulatory compliance.
    a. The Policy Statement regarding Regulatory Compliance shall 
provide Cammenga management's position on (1) the importance of 
ensuring full understanding of the regulatory and license 
requirements, (2) the ethics of complying with regulatory 
requirements, (3) that willful violations are unacceptable, pursuant 
to the requirements of 10 CFR 30.9 and 30.10, (4) that there are

[[Page 63532]]

potential criminal sanctions that the Department of Justice may take 
against individuals for deliberate misconduct, and (5) the need to 
ensure the primacy of regulatory compliance over competing goals.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall create and provide copies of the company policy 
statement to all employees.
    c. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall create and provide copies of the company policy 
statement to the NRC.
    d. Cammenga shall maintain copies of the company policy 
statement for NRC inspection.
    2. Cammenga shall issue a letter to its current resellers 
articulating the existence of regulatory requirements, the 
importance of distributing only products that are authorized, and 
the importance of asking their suppliers to confirm that the product 
is properly authorized.
    a. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall issue the letter to current resellers.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall provide a copy of the letter to the NRC.
    c. Cammenga shall maintain copies of the letter for NRC 
inspection.
    3. Cammenga shall conduct initial and annual refresher training 
for all engineering and management personnel that are responsible 
for ensuring compliance with any active NRC Exempt Distribution 
Licenses and Sealed Source and Device Certificates. The training 
shall consist of reviewing all active NRC Exempt Distribution 
Licenses and Sealed Source and Device Certificates.
    a. Cammenga shall maintain documentation for training completed. 
The training documentation shall include a summary of the contents 
of the training and the individuals completing the training. The 
training documentation shall be maintained for five years. The 
training can be a read-and-sign.
    b. Within 60 days of the date of the Confirmatory Order, 
Cammenga shall conduct the initial training for all current 
individuals engaged in licensed activities.
    c. For individuals not currently engaged in licensed activities, 
Cammenga shall conduct initial training prior to engagement in such 
activities.
    d. By December 31 of each calendar year, Cammenga shall conduct 
annual refresher training for all individuals engaged in such 
activities.
    e. Cammenga shall maintain copies of the training documentation 
for NRC inspection.
    4. Within 90 days of the date of the Confirmatory Order, 
Cammenga shall create, maintain, and implement written procedures to 
ensure that only products approved on the distribution license shall 
be distributed. The procedures shall be available for NRC 
inspection.
    5. Within 90 days of the date of the Confirmatory Order, 
Cammenga shall create, maintain, and implement written procedures 
for a process for new or changed designs to ensure that either (1) 
the design fits within what is currently authorized, or (2) a 
license amendment is submitted and approved by the NRC prior to 
distribution. The process shall include a step to assess whether it 
is appropriate to request a pre-application meeting with NRC. The 
procedures shall be available for NRC inspection.
    6. Cammenga shall cease distribution of the Tritium Pry Bar and 
Tritium Glow Fob, until such time as Cammenga receives written 
confirmation from NRC that the models are approved.
    7. Within 180 days of the date of the Confirmatory Order, 
Cammenga shall perform an audit of all current models in inventory 
or production to confirm the products are authorized for 
distribution.
    a. Cammenga shall not distribute any models not confirmed as 
authorized for distribution.
    b. Cammenga shall document the audit review. The documentation 
shall include (1) the list of models reviewed, (2) determination of 
whether the model is authorized for distribution, and if authorized, 
(3) the associated SSD number and drawing number.
    c. The documentation shall be available for NRC inspection, and 
Cammenga shall maintain the documentation for three years.
    8. Cammenga shall perform an annual assessment of program and 
compliance for NRC License No. 21-26460-03E. The assessment shall 
specifically include: (1) review for implementation of appropriate 
procedures, (2) verification that training was completed and 
documented as per the ADR Confirmatory Order, and (3) verification 
that all new/changed products have been reviewed under the new/
change product process established in accordance with paragraph 5 
above. Cammenga shall maintain documentation of the assessment. The 
documentation shall be available for NRC inspection, and Cammenga 
shall maintain the documentation for at least three years.
    a. By December 31 of each calendar year, Cammenga shall conduct 
an annual assessment of program and compliance.
    9. Cammenga shall pay a civil penalty of $5000.
    a. Within 30 days of the date of the Confirmatory Order, 
Cammenga shall pay a civil penalty of $5000. Cammenga shall pay the 
civil penalty through one of the following methods:
    i. Submit the payment with the enclosed invoice to this Order 
(EA-21-157) to the following address: Office of the Chief Financial 
Officer, U.S. Nuclear Regulatory Commission, P.O. Box 979051, St. 
Louis, MO 63197, OR
    ii. Submit the payment in accordance with NUREG/BR-0254, 
``Payment Methods''.
    b. Within 45 days of the date of the Confirmatory Order, 
Cammenga shall submit to the NRC, a written 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.
    The NRC considers the corrective actions discussed above to be 
appropriately prompt and comprehensive.
    The NRC agrees not to pursue any further enforcement action in 
connection with the NRC's March 17, 2022, letter to Cammenga.
    The Confirmatory Order shall constitute escalated enforcement 
action.
    This agreement is binding upon successors and assigns of NRC 
License No. 21-26460-03E.
    In the event of the transfer of the possession and/or 
distribution licenses of Cammenga to another entity, the terms and 
conditions set forth hereunder shall continue to apply to the new 
entity and accordingly survive any transfer of ownership or license.
    Unless otherwise specified, all dates are from the date of 
issuance of the Confirmatory Order.
    Unless otherwise specified, all documents required to be 
submitted to the NRC shall be sent to: Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, One White Flint 
North, 11555 Rockville Pike, Rockville, MD 20852-2738, with a copy 
to the Director, Materials Safety, Security, State, and Tribal 
Programs, Two White Flint North, 11545 Rockville Pike, Rockville, MD 
20852-2738. Cammenga will also endeavor to provide courtesy 
electronic copies to the above individuals.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the 
Licensee of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than Cammenga, 
may request a hearing within thirty (30) calendar days of the date 
of issuance of this Confirmatory Order. Where good cause is shown, 
consideration will be given to extending the time to request a 
hearing. A request for extension of time must be made in writing to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, and include a statement of good 
cause for the extension.
    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
federally recognized Indian Tribes, or designated agency thereof 
that requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method, 
as further discussed, is granted. Detailed guidance on electronic 
submissions is located in the ``Guidance for Electronic Submissions 
to the NRC'' (ADAMS Accession No. ML13031A056) and on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html.
    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

[[Page 63533]]

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 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. After a digital ID 
certificate is obtained and a docket created, the participant must 
submit adjudicatory documents in Portable Document Format. Guidance 
on 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. ET on 
the due date. Upon receipt of a transmission, the E-Filing system 
time-stamps the document and sends the submitter an email confirming 
receipt of the document. The E-Filing system also distributes an 
email 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 to 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 9:00 a.m. and 6:00 p.m., ET, Monday through 
Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, 
in accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this 
manner are responsible for serving their documents on all other 
participants. Participants granted an exemption under 10 CFR 
2.302(g)(2) must still meet the electronic formatting requirement in 
10 CFR 2.302(g)(1), unless the participant also seeks and is granted 
an exemption from 10 CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in 
the NRC's electronic hearing docket, which is publicly available at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 
the presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, 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. 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 should not include copyrighted materials 
in their submission.
    If a person other than the licensee requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Confirmatory Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is 
adversely affected, the Commission will issue a separate Order 
designating the time and place of any hearings, as appropriate. If a 
hearing is held, the issue to be considered at such hearing shall be 
whether this Confirmatory Order should be sustained.
    In the absence of any request for hearing, or written approval 
of an extension of time in which to request a hearing, the 
provisions specified in Section V above shall be effective and final 
30 days after issuance of the Confirmatory Order without further 
order or proceedings. If an extension of time for requesting a 
hearing has been approved, the provisions specified in Section V 
shall be final when the extension expires if a hearing request has 
not been received.

    For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Office of Enforcement.
    Dated this 6th day of October 2022.

[FR Doc. 2022-22716 Filed 10-18-22; 8:45 am]
BILLING CODE 7590-01-P
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