[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Pages 43199-43200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3968]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-346, License No. NPF-3, EA-04-224]
In the Matter of FirstEnergy Nuclear Operating Company, Davis-
Besse Nuclear Power Station, 5501 North State Route 2, Oak Harbor, OH
43449-9760; Confirmatory Order Modifying License (Effective
Immediately)
I
FirstEnergy Nuclear Operating Company (FENOC or Licensee) is the
holder of Facility Operating License No. NPF-3 issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
part 50 on April 22, 1977. The license authorizes the operation of
Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse), in accordance
with conditions specified therein. The facility is located on the
Licensee's site in Ottawa County, Ohio.
II
On February 9, 2004, and July 8, 2004, the NRC's Office of
Investigations (OI) began investigations to determine if former AVI
Food Systems, Inc. (AVI) employees at Davis-Besse 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 the Licensee the NRC's concern and offered FENOC 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 and FENOC and, if possible, assist the NRC and FENOC in
reaching an agreement on resolving the concern. FENOC chose to
participate in ADR. On May 11, 2005, the NRC and FENOC 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 for this issue and will not count this matter as previous
enforcement for the purposes of assessing potential future enforcement
action civil penalty assessments in accordance with Section VI.C of the
Enforcement Policy.
[[Page 43200]]
III
By letter dated June 15, 2005, the Licensee stated that in addition
to the actions already taken by FENOC to promote a safety conscious
work environment (SCWE) at the FENOC nuclear facilities, the Licensee
agreed to take certain additional corrective measures to emphasize the
importance of a SCWE. The agreed-upon additional actions noted in
Section IV of this Confirmatory Order focus on SCWE training for
contractor personnel who are granted unescorted access to Davis-Besse
and the other FENOC nuclear facilities.
On July 6, 2005, FENOC consented to the NRC issuing this
Confirmatory Order with the commitments, as described in Section IV
below. The Licensee 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 NRC's confirmation of the Licensee's commitments as
outlined in this Order.
I find that the Licensee'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 the Licensee's commitments be confirmed by this Order. Based on
the above and the Licensee's consent, this Order is immediately
effective upon issuance. FENOC 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 License No. NPF-3 is modified as follows:
1. By no later than August 31, 2005, FENOC will provide contractors
who are granted unescorted access to FENOC nuclear facilities with SCWE
training that is equivalent to the SCWE training provided to FENOC
employees as part of Plant Access Training.
2. By no later than August 31, 2005, FENOC will review the SCWE
training module included in Plant Access Training and make any changes
necessary to ensure that the module clearly reinforces that FENOC SCWE
policies and NRC employee protection requirements (10 CFR 50.7) apply
to all personnel working on behalf of FENOC, specifically including
contractor employees, supervision, and management.
3. By no later than August 31, 2005, FENOC will provide specific
training to the Davis-Besse food services contractor management and
supervision involved in the provision of services to FENOC on SCWE
principles, FENOC SCWE policies, and NRC employee protection
requirements (10 CFR 50.7). This training will be comparable to the
SCWE training that has been provided to FENOC management and
supervision.
4. By no later than August 31, 2005, FENOC will include surveys of
contractor personnel as part of the quarterly FENOC performance
monitoring of SCWE at its nuclear facilities. These surveys are
performed annually. Other data relied upon in the quarterly performance
monitoring already includes the activities of contractor personnel in
the calculation of the applicable performance measures.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by the Licensee of
good cause.
V
Any person adversely affected by this Confirmatory Order, other
than the Licensee, 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. E5-3968 Filed 7-25-05; 8:45 am]
BILLING CODE 7590-01-P