[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