[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6468-6469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2243]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 070-07001, Certificate No. GDP-1, EA-04-123]


United States Enrichment Corporation, Paducah Gaseous Diffusion 
Plant, Paducah, KY; Confirmatory Order Modifying License (Effective 
Immediately)

    The United States Enrichment Corporation (USEC or Corporation) is 
the holder of NRC Certificate of Compliance No. GDP-1 issued by the 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
Part 76. The certificate authorizes USEC to receive, and licensees 
shall be authorized to transfer to the Corporation, byproduct material, 
source material, or special nuclear material to the extent permitted 
under the Certificate of Compliance. The certificate was issued 
November 26, 1996, was most recently amended on June 30, 2004, and is 
due to expire on December 31, 2008.
    On December 16, 2002, the NRC's Office of Investigations (OI) 
started an investigation to determine whether a Quality Control (QC) 
Manager at USEC's Paducah Gaseous Diffusion Plant (PGDP) was 
discriminated against by being suspended and later terminated for 
raising safety concerns. On May 12, 2003, OI expanded its investigation 
to determine whether the same QC Manager was discriminated against, in 
retaliation for the previously raised safety concerns, by not being 
considered for a position with a contractor performing work for USEC at 
PGDP. OI, in OI report No. 3-2002-040, did not substantiate that the QC 
Manager was suspended or terminated because of raising safety concerns. 
However, based on the facts and circumstances described in OI Report 
Number 3-2002-040, the NRC was concerned that the former QC Manager may 
have been discriminated against by not being considered for a contract 
position. By letter dated September 29, 2004, the NRC identified to 
USEC the NRC's concern. The September 29th letter offered USEC the 
opportunity either to attend a predecisional enforcement conference 
(PEC) or to request alternative dispute resolution (ADR) in which a 
neutral mediator with no decision-making authority would facilitate 
discussions between the NRC and USEC and, if possible, assist the NRC 
and USEC in reaching an agreement on resolving the concern. USEC chose 
to participate in ADR. On November 22, 2004, the NRC and USEC met at 
USEC headquarters in Bethesda, Maryland in an ADR session mediated by a 
professional mediator, arranged through Cornell University's Institute 
on Conflict Resolution.
    By letter dated December 6, 2004, USEC enumerated the actions it 
has already taken and additional actions it agreed to take in order to 
enhance its Safety Conscious Work Environment at the PGDP. The agreed-
upon additional actions noted in Section IV of this Confirmatory Order 
focus on Safety Conscious Work Environment training for managers of 
USEC contractors at the PGDP and USEC managers who are principal points 
of contact for USEC contractors at the PGDP.
    On January 24, 2005, USEC consented to the NRC issuing this 
Confirmatory Order with the commitments, as described in Section IV 
below. USEC further agreed in its January 24, 2005, letter that this 
Confirmatory Order is to be effective upon issuance and that it has 
waived its right to a hearing. The NRC has concluded that its concerns 
can be resolved through effective implementation of USEC's commitments.
    I find that USEC's commitments as set forth in Section IV 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 the public health and safety require 
that USEC's commitments be confirmed by this Order. Based on the above 
and USEC's consent, this Order is immediately effective upon issuance. 
USEC is required to provide the NRC with a letter summarizing its 
actions when all of the Section IV requirements have been completed.
    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, 186 
and 1710 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Part 76, it is 
hereby ordered, effective immediately, that Certificate of Compliance 
No. GDP-1 is modified as follows:
    1. By no later than March 31, 2005, USEC shall develop and conduct 
initial Safety Conscious Work Environment training for: (a) Managers of 
USEC contractors at the PGDP; and (b) USEC personnel who are principal 
points of contact for USEC contractors at the PGDP.
    2. By no later than June 30, 2005, USEC shall develop Safety 
Conscious Work Environment refresher training for the managers of USEC 
contractors at the PGDP and revise its training program requirements to 
conduct on-going refresher training at a frequency consistent with 
USEC's General Employee Training at the PGDP.
    3. By no later than June 30, 2005, USEC shall revise its training 
program requirements to conduct initial Safety Conscious Work 
Environment training for: (a) New managers of USEC contractors at the 
PGDP; and (b) USEC personnel who become principal points of contact for 
USEC contractors at the PGDP, within ninety day of their assumption of 
these duties.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by USEC of good 
cause.
    Any person adversely affected by this Confirmatory Order, other 
than the Certificate holder, may request a hearing within 20 days of 
its issuance. 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

[[Page 6469]]

statement of good cause for the extension. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 
20555. Copies also shall be sent to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
to the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address, to the Regional Administrator, NRC 
Region II, 61 Forsyth Street, SW., Suite 23T85, Atlanta, Georgia, 
30303-8931, and to the Certificate Holder. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that answers and requests for hearing be transmitted to 
the Secretary of the Commission either by means of facsimile 
transmission to 301-415-1101 or by e-mail to [email protected] and 
also to the Office of the General Counsel either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected]. 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 Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. 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 IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    Dated this 27th day of January 2005.

    For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05-2243 Filed 2-4-05; 8:45 am]
BILLING CODE 7590-01-U