[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Pages 43198-43199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3967]
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NUCLEAR REGULATORY COMMISSION
[EA-04-225]
In the Matter of AVI Food Systems, Inc.; Confirmatory Order
(Effective Immediately)
I
AVI Food Systems, Inc. (AVI) is an independently owned and operated
food service company serving various industries in the Midwest and
Eastern United States including the Davis-Besse plant which is
regulated by the U.S. Nuclear Regulatory Commission (NRC or
Commission). AVI headquarters is located in Warren, OH.
II
On February 9, 2004, and July 8, 2004, the NRC's Office of
Investigations (OI) began investigations to determine if former AVI
employees at the Davis-Besse facility were the subject of employment
discrimination in violation of 10 CFR 50.7. In OI Report Nos. 3-2004-
006 and 3-2004-018, OI concluded that AVI employees were the subject of
discrimination. By letter dated February 25, 2005, the NRC identified
to FirstEnergy Nuclear Operating Company (FENOC) the NRC's concern and
offered FENOC and AVI the opportunity to attend a predecisional
enforcement conference or to request alternative dispute resolution
(ADR) in which a neutral mediator with no decision-making authority
would facilitate discussions between the NRC, FENOC and AVI, and if
possible, assist the NRC and the parties in reaching an agreement on
resolving the concerns. FENOC and AVI chose to participate in ADR. On
May 11, 2005, the NRC and AVI met at the Davis-Besse facility in Oak
Harbor, Ohio in an ADR session mediated by a professional mediator,
arranged through Cornell University's Institute on Conflict Resolution.
As part of the ADR session, based upon the facts discussed during the
mediation session and the commitments noted in Section IV below, the
NRC will not issue a Notice of Violation to AVI for this issue.
III
By letter dated June 9, 2005, AVI committed to include in its
policy/programs, information necessary to ensure that its future
activities with NRC licensees will incorporate training for its
employees involved with the NRC licensees regarding safety conscious
work environment (SCWE) and safety culture. The training program will
have the objective of reinforcing the
[[Page 43199]]
importance of maintaining a SCWE and of assisting managers and
supervisors in responding to employees who raise safety concerns in the
workplace. AVI also agreed to include in such training the requirements
of 10 CFR 50.7, ``Employee protection.''
On July 6, 2005, AVI consented to the NRC issuing this Confirmatory
Order with the commitments, as described in Section IV below. AVI
further agreed in its July 6, 2005, letter that this 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 AVI's commitments. I find that AVI'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 AVI's commitments be
confirmed by this Order. Accordingly, the staff is exercising its
enforcement discretion and will not issue a Notice of Violation in this
case. Based on the above and AVI's consent, this Order is immediately
effective upon issuance. AVI is required to provide the NRC with a
letter summarizing its actions when all of the Section IV requirements
have been completed.
IV
Accordingly, pursuant to Sections 103, 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,
effective immediately, that:
By no later than six months from the issuance of this Order, AVI
will include in its policy/programs, information necessary to ensure
that its future activities with NRC licensees will incorporate
training, initial and recurring, for its employees involved with the
NRC licensees regarding SCWE and safety culture. AVI also agreed to
include in such training the requirements of 10 CFR 50.7, ``Employee
protection.''
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by AVI of good
cause.
V
Any person adversely affected by this Confirmatory Order, other
than AVI, 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 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 III, 2443 Warrenville Road, Suite
210, Lisle, IL 60532-4352, and to the Licensee. Because of continuing
disruptions in delivery of mail to United States Government Offices, it
is requested that 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
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.
A request for hearing shall not stay the immediate effectiveness of
this order.
For the Nuclear Regulatory Commission.
Dated this 15th day of July, 2005.
Michael R. Johnson,
Director, Office of Enforcement.
[FR Doc. E5-3967 Filed 7-25-05; 8:45 am]
BILLING CODE 7590-01-P