In the Matter of Almonte Geo Service Group; Order Imposing Civil Monetary Penalty, 28818-28820 [2024-08348]
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28818
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
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[FR Doc. 2024–08429 Filed 4–18–24; 8:45 am]
BILLING CODE 7536–01–P
NUCLEAR REGULATORY
COMMISSION
[License No. 52–31453–01; EA–2023–016;
NRC–2024–0066]
lotter on DSK11XQN23PROD with NOTICES1
In the Matter of Almonte Geo Service
Group; Order Imposing Civil Monetary
Penalty
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
to Almonte Geo Service Group
(Almonte), imposing a civil monetary
SUMMARY:
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02:06 Apr 19, 2024
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penalty of $17,500. The NRC issued a
Notice of Violation and Proposed
Imposition of Civil Penalty on
November 9, 2023, to Almonte. The
violation involved the failure by
Almonte to complete decommissioning
no later than 24 hours following the
initiation of decommissioning as
required by NRC regulations. This order
is effective on the date of issuance.
This order became effective on
April 11, 2024.
DATES:
Please refer to Docket ID
NRC–2024–0066 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–2024–0066. 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
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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The order
imposing civil monetary penalty of
$17,500 is available in ADAMS under
Package Accession No. ML24089A031.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. 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 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
ADDRESSES:
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 order is attached.
Dated: April 15, 2024.
PO 00000
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The text of
For the Nuclear Regulatory Commission.
David L. Pelton,
Director, Office of Enforcement.
Attachment—Order Imposing Civil
Monetary Penalty of $17,500
United States of America
Nuclear Regulatory Commission
In the Matter of: Almonte Geo Service
Group, Toa Alta, Puerto Rico, Docket
No. 03038488, License No. 52–31453–
01, EA–23–016
Order Imposing Civil Monetary Penalty
I
Almonte Geo Service Group
(Licensee) is the holder of Nuclear
Materials License No. 52–31453–01
issued on October 4, 2011, by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) pursuant to Part 30 of
Title 10 of the Code of Federal
Regulations (10 CFR). The license
authorizes the possession and use of
radioactive sources contained in
portable nuclear moisture density
gauges in accordance with conditions
specified therein. The facility is located
on the Licensee’s site in Toa Alta,
Puerto Rico.
II
The NRC inspected the Licensee’s
activities between March 1, 2023, and
June 14, 2023. The results of this
inspection indicated that the Licensee
had not conducted its activities in full
compliance with NRC requirements. A
written Notice of Violation and
Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee
by letter dated November 9, 2023
(ML23310A012).1 The Notice states the
nature of the violation, the provision of
the NRC’s requirements that the
Licensee violated, and the amount of the
civil penalty proposed for the violation.
Namely, the Notice describes that the
Licensee failed to complete
decommissioning no later than 24
months following the initiation of
decommissioning as required by 10 CFR
30.36(h). In particular, the Licensee has
not disposed of or transferred its
licensed material despite having had its
license revoked more than seven years
ago and having initiated
decommissioning activities almost four
years ago. The Notice also documents
that the NRC’s primary interest in this
matter is ensuring that the Licensee
meets its obligation to transfer or
dispose of the licensed material in its
1 Designation in parentheses refers to an Agencywide Documents Access and Management System
(ADAMS) accession number. Documents referenced
in this letter are publicly-available using the
accession number in ADAMS.
E:\FR\FM\19APN1.SGM
19APN1
Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
possession and complete
decommissioning of its site. Therefore,
the civil penalty would not have been
imposed if the Licensee (1) had properly
disposed of or transferred the remaining
sealed radioactive source possessed
under the NRC license and (2) had sent
information documenting that the
material had been transferred or
disposed of to the NRC within 60 days
of the date of the letter transmitting the
Notice (i.e., by January 8, 2024).
The Licensee responded to the Notice
in an email dated December 9, 2023
(ML23345A099). In its response, the
Licensee requested additional time to
save money to pay for proper disposal
of the remaining sealed radioactive
source in its possession. As of the date
of this Order, the Licensee remains in
possession of the sealed radioactive
source.
III
After consideration of the Licensee’s
response and the statements of fact,
explanation, and argument for
mitigation contained therein, the NRC
staff has determined that the violation
occurred as stated and that the penalty
proposed for the violation designated in
the Notice should be imposed.
lotter on DSK11XQN23PROD with NOTICES1
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 shall pay the civil
penalty in the amount of $17,500 within
30 days of the date of the publication of
this Order in the Federal Register
through one of the following two
methods:
1. Submit the payment with the
enclosed invoice to this Order (EA–23–
016) to the following address: Office of
the Chief Financial Officer, U.S. Nuclear
Regulatory Commission, P.O. Box
979051, St. Louis, MO 63197 or,
2. Submit the payment 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, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
30 days of its publication in the Federal
Register. In addition, the Licensee and
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02:06 Apr 19, 2024
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any other person adversely affected by
this Order may request a hearing on this
Order within 30 days of its publication
in the Federal Register. 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
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, 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’’
(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
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
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28819
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 tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 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 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
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19APN1
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Federal Register / Vol. 89, No. 77 / Friday, April 19, 2024 / Notices
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information such as social
security numbers, home addresses, or
personal phone numbers in their filings
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute Fair Use applications,
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 their interest is adversely affected
by this Order and shall address the
criteria set forth in 10 CFR 2.309(d) and
(f).
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 20 days
from the date this Order is published in
the Federal Register 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.
/RA/,
David L. Pelton,
Director, Office of Enforcement.
Dated this 11 day of April, 2024.
[FR Doc. 2024–08348 Filed 4–18–24; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99962; File No. SR–
CboeBZX–2024–025]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Its
Fee Schedule
April 15, 2024.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 1,
2024, Cboe BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) proposes to
amend its Fee Schedule. The text of the
proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/BZX/),
at the Exchange’s Office of the
Secretary, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1 15
2 17
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02:06 Apr 19, 2024
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00105
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
Fee Schedule applicable to its equities
trading platform (‘‘BZX Equities’’) to
increase its monthly fee assessed on
Members’ MPIDs. The Exchange
proposes to implement these changes
effective April 1, 2024.
The Exchange first notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive or
incentives to be insufficient. More
specifically, the Exchange is only one of
16 registered equities exchanges, as well
as a number of alternative trading
systems and other off-exchange venues
that do not have similar self-regulatory
responsibilities under the Securities
Exchange Act of 1934 (the ‘‘Act’’), to
which market participants may direct
their order flow. Based on publicly
available information,3 no single
registered equities exchange has more
than 15% of the market share. Thus, in
such a low-concentrated and highly
competitive market, no single equities
exchange possesses significant pricing
power in the execution of order flow.
The Exchange further notes that brokerdealers are not compelled to be
Members of the Exchange, and a
significant proportion of broker-dealers
that trade U.S. equity securities have, in
fact, chosen not to apply for
membership on the Exchange.
By way of background, an MPID is a
four-character unique identifier that is
approved by the Exchange and assigned
to a Member for use on the Exchange to
identify the Member firm on the orders
sent to the Exchange and resulting
executions. Members may choose to
request more than one MPID as a unique
identifier(s) for their transactions on the
Exchange. The Exchange notes that a
Member may have multiple MPIDs for
use by separate business units and
trading desks or to support Sponsored
Participant access.4 Certain members
currently leverage multiple MPIDs to
obtain benefits from and added value in
3 See Cboe Global Markets, U.S. Equities Market
Volume Summary, Month-to-Date (March 20, 2024),
available at https://www.cboe.com/us/equities/
market_statistics/.
4 A Sponsored Participant is a person which has
entered into a sponsorship arrangement with a
Sponsoring Member pursuant to Rule 11.3, which
permits a Sponsored Participant to obtain
authorized access to the System only if such access
is authorized in advance by one or more Sponsoring
Members. See Rules 1.5(z) and 11.3.
E:\FR\FM\19APN1.SGM
19APN1
Agencies
[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Notices]
[Pages 28818-28820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08348]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[License No. 52-31453-01; EA-2023-016; NRC-2024-0066]
In the Matter of Almonte Geo Service Group; Order Imposing Civil
Monetary Penalty
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order to Almonte Geo Service Group (Almonte), imposing a civil monetary
penalty of $17,500. The NRC issued a Notice of Violation and Proposed
Imposition of Civil Penalty on November 9, 2023, to Almonte. The
violation involved the failure by Almonte to complete decommissioning
no later than 24 hours following the initiation of decommissioning as
required by NRC regulations. This order is effective on the date of
issuance.
DATES: This order became effective on April 11, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0066 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-2024-0066. 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, at 301-415-4737,
or by email to [email protected]. The order imposing civil monetary
penalty of $17,500 is available in ADAMS under Package Accession No.
ML24089A031.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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
a.m. and 4 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: April 15, 2024.
For the Nuclear Regulatory Commission.
David L. Pelton,
Director, Office of Enforcement.
Attachment--Order Imposing Civil Monetary Penalty of $17,500
United States of America
Nuclear Regulatory Commission
In the Matter of: Almonte Geo Service Group, Toa Alta, Puerto Rico,
Docket No. 03038488, License No. 52-31453-01, EA-23-016
Order Imposing Civil Monetary Penalty
I
Almonte Geo Service Group (Licensee) is the holder of Nuclear
Materials License No. 52-31453-01 issued on October 4, 2011, by the
U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Part
30 of Title 10 of the Code of Federal Regulations (10 CFR). The license
authorizes the possession and use of radioactive sources contained in
portable nuclear moisture density gauges in accordance with conditions
specified therein. The facility is located on the Licensee's site in
Toa Alta, Puerto Rico.
II
The NRC inspected the Licensee's activities between March 1, 2023,
and June 14, 2023. The results of this inspection indicated that the
Licensee had not conducted its activities in full compliance with NRC
requirements. A written Notice of Violation and Proposed Imposition of
Civil Penalty (Notice) was served upon the Licensee by letter dated
November 9, 2023 (ML23310A012).\1\ The Notice states the nature of the
violation, the provision of the NRC's requirements that the Licensee
violated, and the amount of the civil penalty proposed for the
violation.
---------------------------------------------------------------------------
\1\ Designation in parentheses refers to an Agency-wide
Documents Access and Management System (ADAMS) accession number.
Documents referenced in this letter are publicly-available using the
accession number in ADAMS.
---------------------------------------------------------------------------
Namely, the Notice describes that the Licensee failed to complete
decommissioning no later than 24 months following the initiation of
decommissioning as required by 10 CFR 30.36(h). In particular, the
Licensee has not disposed of or transferred its licensed material
despite having had its license revoked more than seven years ago and
having initiated decommissioning activities almost four years ago. The
Notice also documents that the NRC's primary interest in this matter is
ensuring that the Licensee meets its obligation to transfer or dispose
of the licensed material in its
[[Page 28819]]
possession and complete decommissioning of its site. Therefore, the
civil penalty would not have been imposed if the Licensee (1) had
properly disposed of or transferred the remaining sealed radioactive
source possessed under the NRC license and (2) had sent information
documenting that the material had been transferred or disposed of to
the NRC within 60 days of the date of the letter transmitting the
Notice (i.e., by January 8, 2024).
The Licensee responded to the Notice in an email dated December 9,
2023 (ML23345A099). In its response, the Licensee requested additional
time to save money to pay for proper disposal of the remaining sealed
radioactive source in its possession. As of the date of this Order, the
Licensee remains in possession of the sealed radioactive source.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has determined that the violation occurred as stated and
that the penalty proposed for the violation 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 shall pay the civil penalty in the amount of $17,500
within 30 days of the date of the publication of this Order in the
Federal Register through one of the following two methods:
1. Submit the payment with the enclosed invoice to this Order (EA-
23-016) to the following address: Office of the Chief Financial
Officer, U.S. Nuclear Regulatory Commission, P.O. Box 979051, St.
Louis, MO 63197 or,
2. Submit the payment 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, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order within 30 days of its publication in the Federal Register. In
addition, the Licensee and any other person adversely affected by this
Order may request a hearing on this Order within 30 days of its
publication in the Federal Register. 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
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, 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''
(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 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 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/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., 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
[[Page 28820]]
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 Fair Use
applications, 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 their interest
is adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
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 20 days from
the date this Order is published in the Federal Register 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.
/RA/,
David L. Pelton,
Director, Office of Enforcement.
Dated this 11 day of April, 2024.
[FR Doc. 2024-08348 Filed 4-18-24; 8:45 am]
BILLING CODE 7590-01-P