[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64752-64754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29196]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3098; NRC-2009-0540; Construction Authorization No.
CAMOX-001; EA-09-117]
Shaw AREVA MOX Services, Aiken, SC; Confirmatory Order Modifying
Construction Authorization (Effective Immediately)
I
Shaw AREVA MOX Services (MOX Services or Licensee) is the holder of
Construction Authorization No. CAMOX-001, issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 70 on
March 30, 2005. The license authorizes the construction of a mixed-
oxide fuel fabrication facility in accordance with the conditions
specified therein. The facility is located on the Department of
Energy's Savannah River Site in Aiken, South Carolina.
This Confirmatory Order is the result of an agreement reached
during alternative dispute resolution (ADR) sessions conducted on
October 8, 2009.
II
On July 29, 2008, the NRC's Office of Investigations (OI) initiated
an investigation to determine whether a former contractor employed as a
Senior Structural Engineer (SSE) at the MOX facility deliberately
directed or allowed a junior civil structural engineer (CSE) to sign
his signature to vendor data review forms without identifying the CSE
as the signer. The NRC's letter of July 29, 2009, documented an
apparent violation of NRC requirements involving the former Senior
Structural Engineer (SSE), who caused MOX Services to be in violation
of 10 CFR 70.9, ``Completeness and accuracy of information.''
Specifically, the SSE directed or allowed a junior engineer to sign his
signature on travelers, contrary to an Engineering Directive. Travelers
are used as part of MOX Services' process to signify that field
drawings match design drawings. Thirty-seven travelers were identified
in which the signature may not have been provided in accordance with
requirements.
III
On October 8, 2009, the NRC and MOX Services met in an ADR session
mediated by a professional mediator, which was arranged 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 or resolving any differences regarding
their dispute. This confirmatory order is issued pursuant to the
agreement reached during the ADR process. The elements of the agreement
consist of the following:
(1) As of the ADR meeting, the NRC continues to believe that a
violation of 10 CFR 70.9 occurred.
(2) MOX Services initially presumed the traveler signatures may
have been inaccurate and implemented corrective actions and
enhancements, as discussed below, to prevent similar incidents. Based
on its internal investigation, MOX Services determined that it had an
insufficient basis to conclude that inappropriate signatures were
affixed to documents and that a violation occurred.
(3) To prevent similar incidents, preclude future violations, and
to address NRC concerns, MOX Services completed the following
corrective actions and enhancements:
a. Prompt initiation of a Condition Report, classified at
Significance Level B;
b. Prompt review of all affected drawings and travelers to verify
changes were properly incorporated into the vendor drawings;
c. Initiation of an investigation into the circumstances of the
incident and identification of causal factors;
d. Performance of an extent of condition review to confirm that the
[[Page 64753]]
issue was limited to the 37 travelers in question;
e. Review of the document type thought to be most susceptible to a
similar cause (no additional examples were identified);
f. Issuance of a formal memorandum to all Engineering personnel to
remind them of the requirements of Engineering Directive (ED) 17
regarding delegation of signature authority;
g. Revision to ED-17 to include examples of how to sign a delegated
signature and to clearly state that delegation documents should be
submitted to Document Control;
h. Issuance of a new Management Policy MD-013 on Delegation of
Signatures, which is applicable to all personnel who are assigned to
and perform work on the MOX Services Project;
i. The completion of Quality Assurance surveillance QA-09-0173,
which reviewed vendor submittals, including drawing submittals, from
contractors to assure each was properly identified, submitted, reviewed
and approved, and to assure each was consistent with project
commitments and the design basis;
j. Performance of training for all MOX Services project personnel,
including onsite contractors, on the definition and consequences
associated with Material False Statements, and obligations as a signer
of pertinent project records;
k. The performance of a Safety Conscious Work Environment Survey in
February 2008;
l. Computer Based Training (CBT) on Safety Conscious Work
Environment and other related Nuclear Safety Culture initiatives and
attributes;
m. Reiteration, via numerous means including an all-hands meeting
with the MOX Services President, of avenues for raising safety concerns
to all MOX Services Project employees.
(4) MOX Services also agreed to additional corrective actions and
enhancements by the end of calendar year 2010, and periodically
thereafter at a frequency deemed appropriate by MOX Services, as fully
delineated below:
a. MOX Services agrees to perform periodic Quality Assurance (QA)
assessments/surveillances of vendor submittals (including drawings) to
ensure design requirements are properly implemented in the field
through the life of the construction phase;
b. MOX Services agrees to provide periodic CBT training to all MOX
Services project personnel, including onsite contractors, on the
definition and consequences associated with Material False Statements,
and obligations as a signer of pertinent project records; and
c. MOX Services agrees to perform periodic Safety Conscious Work
Environment surveys through the life of the construction phase.
(5) The NRC and MOX Services agree that the above elements will be
incorporated into a Confirmatory Order. The resulting Confirmatory
Order will be considered by the NRC for any future assessment of MOX
Services, as appropriate.
(6) MOX Services agrees to complete the items listed in Paragraph
III.4 above by the end of calendar year 2010.
(7) Within three months of completion of the terms of the
Confirmatory Order (calendar year 2010), MOX Services will provide the
NRC with a letter discussing its basis for concluding that the
Confirmatory Order has been satisfied.
(8) In consideration of the commitments delineated in Paragraphs
III.3 and 4 above, the NRC agrees to refrain from proposing a civil
penalty or issuing a Notice of Violation for all matters discussed in
the NRC's letter to MOX Services of July 29, 2009 (EA-09-117).
(9) This agreement is binding upon successors and assigns of MOX
Services.
On October 20, 2009, MOX Services consented to issuance of this
Order with the commitments, as described in Section V below. The
Licensee further agreed that this Order is to be effective upon
issuance and that it has waived its right to a hearing.
IV
Since MOX Services has completed the actions as delineated in
Section III.3, and agreed to take the actions as set forth in Section
V, the NRC has concluded that its concerns can be resolved through
issuance of this Order.
I find that MOX Services' 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 public health and safety require that
MOX Services' commitments be confirmed by this Order. Based on the
above and MOX Services' consent, this Order is immediately effective
upon issuance.
V
Accordingly, pursuant to Sections 51, 53, 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 70, It is hereby ordered,
effective immediately, that construction authorization no. CAMOX-001 is
modified as follows:
(1) MOX Services agrees to perform periodic Quality Assurance (QA)
assessments/surveillances of vendor submittals (including drawings) to
ensure design requirements are properly implemented in the field
through the life of the construction phase.
(2) MOX Services agrees to provide periodic CBT training to all MOX
Services project personnel, including onsite contractors, on the
definition and consequences associated with Material False Statements,
and obligations as a signer of pertinent project records.
(3) MOX Services agrees to perform periodic Safety Conscious Work
Environment surveys through the life of the construction phase.
(4) MOX Services agrees to complete the actions identified in
Section V above by the end of calendar year 2010.
(5) Within three months of completion of the terms of the
Confirmatory Order (calendar year 2010), MOX Services will provide the
NRC with a letter discussing its basis for concluding that the
Confirmatory Order has been satisfied.
The Regional Administrator, NRC Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by MOX Services of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than MOX Services, 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 20555-0001, and include a statement of good cause for the extension.
If a person other than MOX Services 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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other
[[Page 64754]]
document filed in the proceeding prior to the submission of a request
for hearing or petition to intervene, and documents filed by interested
governmental entities participating under 10 CFR 2.315(c), must be
filed in accordance with the NRC E-Filing rule, (72 FR 49139, Aug. 28,
2007). The E-Filing process requires participants to submit and serve
all adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Participants may not submit paper
copies of their filings unless they seek an exemption in accordance
with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (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 proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Help Desk will not be able to offer assistance in using
unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's on-line, Web-based submission form. In order
to serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can 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 by contacting the NRC Meta-System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta-System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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, unless an NRC regulation or other law requires submission of
such information. 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 submission.
VII
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 24th day of November 2009.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Regional Administrator.
[FR Doc. E9-29196 Filed 12-7-09; 8:45 am]
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