[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42694-42697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20331]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0368; EA-06-140]


Confirmatory Order Modifying License (Effective Immediately)

[[Page 42695]]



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------------------------------------------------------------------------
In the Matter of:
  United States Enrichment          Docket No. 070-07001
   Corporation, Paducah Gaseous     Certificate No. GDP-1
   Diffusion Plant, Paducah
   Kentucky.
  United States Enrichment          Docket No. 070-07002
   Corporation, Portsmouth Gaseous  Certificate No. GDP-2
   Diffusion Plant, Piketon, Ohio.
  United States Enrichment          Docket No. 070-07003
   Corporation, Inc., American      License No. SNM-7003
   Centrifuge Lead Cascade
   Facility, Piketon, Ohio.
  United States Enrichment          Docket No. 070-07004
   Corporation, Inc., American      License No. SNM-2011
   Centrifuge Plant, Piketon, Ohio.
------------------------------------------------------------------------

I

    USEC Inc. is the holder of Facility Operating License Nos. SNM-7003 
and SNM-2011 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR Part 70. License SNM-7003 was issued on 
February 24, 2004, and amended on October 30, 2008. License No SNM-2011 
was issued on April 13, 2007, and amended on July 14, 2009. The 
licenses authorize the operation of the American Centrifuge Plant and 
the American Centrifuge Lead Cascade Facility in accordance with the 
provisions therein. These facilities are located in Piketon, OH.
    The United States Enrichment Corporation (USEC), a subsidiary of 
USEC Inc., is the holder of NRC Certificates of Compliance (COC) No. 
GDP-1 and GDP-2 issued by the NRC pursuant to 10 CFR Part 76 on 
November 26, 1996, and renewed on December 22, 2008. The COC are set to 
expire on December 31, 2013. The certificates authorize USEC to operate 
the Paducah Gaseous Diffusion Plant (Paducah), located near Paducah, 
Kentucky, and the Portsmouth Gaseous Diffusion Plant (Portsmouth), 
located in Piketon, Ohio. The certificates also authorize USEC to 
receive, and other NRC licensees to transfer to USEC, byproduct 
material, source material, or special nuclear material to the extent 
permitted under the COC.
    This Confirmatory Order is the result of an agreement reached 
during the alternative dispute resolution (ADR) mediation session 
conducted on May 29, 2009.

II

    By letter dated January 9, 2009, the NRC informed USEC of the 
identification of an apparent violation of 10 CFR 76.7, ``Employee 
protection.'' The apparent violation was based on the United States 
Department of Labor (DOL) Administrative Review Board's (ARB's) August 
19, 2008, Final Decision and Order (ARB Case Nos. 06-055, 06-058, and 
06-119) affirming a DOL Administrative Law Judge's (ALJ) findings of 
fact and conclusions. Previously, on January 27, 2006, the DOL ALJ 
issued a Proposed Decision and Order (ALJ Case No. 2004-ERA-001), 
concluding that USEC retaliated against a former quality control 
manager at Paducah in violation of Section 211 of the Energy 
Reorganization Act of 1974, as amended (the ERA). USEC denied that it 
violated the ERA and appealed the ARB decision to the United States 
Court of Appeals for the Sixth Circuit. Although, at this time, there 
is no indication that the impact of the apparent violation is not 
isolated, the NRC is concerned that, in the absence of appropriate 
management actions, the ARB decision may ultimately have a broader 
impact on Paducah's safety-conscious work environment (SCWE).
    In its January 9, 2009, letter to USEC, the NRC offered USEC the 
option of either providing a written response to the apparent 
violation, or requesting ADR through Cornell University's Institute on 
Conflict Resolution. ADR is a process in which a neutral mediator with 
no decision-making authority assists the parties in reaching an 
agreement and resolving any differences regarding a dispute. This 
Confirmatory Order is issued pursuant to the agreement reached during 
the ADR process.

III

    In response to the NRC's letter of January 9, 2009, USEC chose to 
participate in ADR with the NRC. During the ADR session a preliminary 
settlement agreement was reached. The elements of the agreement 
consisted of the following:
    I. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to engage a third party to conduct an 
independent assessment of the SCWE at USEC's Paducah site. Through this 
assessment, the Certificatee will benchmark the effectiveness of the 
key elements of its SCWE initiatives; look at industry best practices; 
modify or further develop the SCWE program; and develop an assessment 
tool to periodically evaluate the effectiveness of USEC's Paducah SCWE 
program.
    II. Within 90 calendar days after completion of the assessment as 
referenced in paragraph I above, USEC shall make available to the NRC 
onsite:
    (a) A description of the tools/methods used to conduct the 
assessment including any survey questions;
    (b) The results of the assessment and USEC's analysis of the 
results; and,
    (c) The proposed actions, if any, USEC will take to address the 
results of the assessment in order to ensure that a healthy SCWE exists 
at USEC's Paducah site.
    III. No later 3 three years after the independent assessment 
performed in paragraph I above, USEC shall perform a second independent 
assessment of the SCWE at USEC's Paducah site to determine the 
effectiveness of the SCWE program
    IV. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review and/or revise as 
appropriate, annual SCWE training (that includes case studies). USEC 
agrees to train the following management staff on SCWE principles 
within 15 months of the date of the Confirmatory Order and provide 
refresher training annually thereafter:
    (a) USEC Headquarters personnel, to include employees designated in 
the Safety Analysis Report (SAR) as having safety responsibilities for 
the gaseous diffusion plants, and USEC Headquarters Operations 
personnel;
    (b) American Centrifuge Plant (ACP) management;
    (c) American Centrifuge Lead Cascade Facility (ACLCF) management;
    (d) Paducah Gaseous Diffusion Plant (Paducah) management;
    (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and
    (f) USEC's long-term contractor management who work at the ACP, 
ACLCF, Paducah, and Portsmouth facilities.
    In addition, within 3 months of hire or promotion, new USEC 
managers at the entities identified in (a) through (e) above will 
receive initial SCWE training.
    V. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review, and/or revise as 
appropriate, refresher SCWE training (that includes case studies) for 
non-management personnel.

[[Page 42696]]

USEC agrees to train ACP, ACLCF, Paducah and Portsmouth plants' non-
management employees, and USEC long-term contractors who work within 
the ACP, ACLCF, Paducah, and Portsmouth facilities on the topic of SCWE 
within 15 months of the date of the Confirmatory Order and provide 
refresher training every 2 years thereafter.
    VI. The terms of the Confirmatory Order apply to the successors and 
assigns of the Certificatee and Licensees.
    On July 30, 2009, USEC Inc. consented to issuance of this 
Confirmatory Order with the commitments, as described in Section V 
below. USEC Inc. further agreed that this Confirmatory Order is to be 
effective upon issuance and it has waived its right to a hearing.

IV

    Since USEC Inc. has agreed to take additional actions to address 
NRC concerns, as set forth in Item III above, the NRC has concluded 
that its concerns can be resolved through issuance of this Confirmatory 
Order and thereby has agreed to exercise enforcement discretion and not 
pursue any further enforcement action for this issue in accordance with 
Section VII of the Enforcement Policy.
    I find that USEC Inc's commitments as set forth in Section V 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 and Certificate holder's commitments be confirmed 
by this Confirmatory Order. Based on the above and the Licensee's and 
Certificate holder's consent, this Confirmatory Order is immediately 
effective upon issuance.

V

    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, 10 CFR Part 70, and 10 CFR 
Part 76, It is hereby ordered, effective immediately, that Certificates 
of Compliance No. GDP-1 and GDP-2, and License Nos. SNS-2011 and SNM-
7003 are modified as follows:
    I. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to engage a third party to conduct an 
independent assessment of the SCWE at USEC's Paducah site. Through this 
assessment, the Certificatee will benchmark the effectiveness of the 
key elements of its SCWE initiatives; look at industry best practices; 
modify or further develop the SCWE program; and develop an assessment 
tool to periodically evaluate the effectiveness of USEC's Paducah SCWE 
program.
    II. Within 90 calendar days after completion of the assessment as 
referenced in paragraph I above, USEC shall make available to the NRC 
onsite:
    (a) A description of the tools/methods used to conduct the 
assessment including any survey questions;
    (b) The results of the assessment and USEC's analysis of the 
results; and,
    (c) The proposed actions, if any, USEC will take to address the 
results of the assessment in order to ensure that a healthy SCWE exists 
at USEC's Paducah site.
    III. No later than 3 years after the independent assessment 
performed in paragraph I above, USEC shall perform a second independent 
assessment of the SCWE at USEC's Paducah site to determine the 
effectiveness of the SCWE program.
    IV. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review and/or revise as 
appropriate, annual SCWE training (that includes case studies). USEC 
agrees to train the following management staff on SCWE principles 
within 15 months of the date of the Confirmatory Order and provide 
refresher training annually thereafter:
    (a) USEC Headquarters personnel, to include employees designated in 
the Safety Analysis Report (SAR) as having safety responsibilities for 
the gaseous diffusion plants, and USEC Headquarters Operations 
personnel;
    (b) American Centrifuge Plant (ACP) management;
    (c) American Centrifuge Lead Cascade Facility (ACLCF) management;
    (d) Paducah Gaseous Diffusion Plant (Paducah) management;
    (e) Portsmouth Gaseous Diffusion Plant (Portsmouth) management; and
    (f) USEC's long-term contractor management who work at the ACP, 
ACLCF, Paducah, and Portsmouth facilities.
    In addition, within 3 months of hire or promotion, new USEC 
managers at the entities identified in (a) through (e) above will 
receive initial SCWE training.
    V. By no later than 180 calendar days after the issuance of the 
Confirmatory Order, USEC agrees to develop, review, and/or revise as 
appropriate, refresher SCWE training (that includes case studies) for 
non-management personnel. USEC agrees to train ACP, ACLCF, Paducah and 
Portsmouth plants' non-management employees, and USEC long-term 
contractors who work within the ACP, ACLCF, Paducah, and Portsmouth 
facilities on the topic of SCWE within 15 months of the date of the 
Confirmatory Order and provide refresher training every 2 years 
thereafter.
    VI. The terms of the Confirmatory Order apply to the successors and 
assigns of the Certificatee and Licensees.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee or 
Certificate holder of good cause.

VI

    In accordance with 10 CFR 2.202, any person adversely affected by 
this Confirmatory Order, other than USEC, Inc. which holds licenses 
SNM-7003 and SNM-2011 and its subsidiary, USEC, which holds 
certificates GDP-1 and GDP-2, may request a hearing within 20 days of 
its publication in the Federal Register. 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 directed to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555, and include a statement of good cause for the extension.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August 28, 2007 (72 FR 
49139). The E-Filing process requires participants to submit and serve 
documents over the Internet or, in some cases, to mail copies on 
electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms ViewerTM to access the 
Electronic Information Exchange (EIE), a component of the E-Filing 
system. The Workplace Forms ViewerTM is free and is 
available at http://www.nrc.gov/site-

[[Page 42697]]

help/e-submittals/install-viewer.html. Information about applying for a 
digital ID certificate also is available on NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE system no later than 11:59 p.m. Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC 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, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request is filed so that they may 
obtain access to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link 
located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. The Meta-System Help Desk can be 
contacted by telephone at 1-866-672-7640 or by e-mail at 
[email protected].
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by (1) first class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
Participants are requested not to include copyrighted materials in 
their works.
    If a person (other than the Certificate holder or 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 the 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 V 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 V shall be final 
when the extension expires if a hearing request has not been received. 
A request for hearing shall not stay the immediate effectiveness of 
this order.

    Dated this 13th day of August, 2009.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-20331 Filed 8-21-09; 8:45 am]
BILLING CODE 7590-01-P