[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64759-64761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29199]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143; License No. SNM-124; EA-08-321; NRC-2009-0528]
In the Matter of Nuclear Fuel Services, Inc., Erwin, TN;
Confirmatory Order Modifying License (Effective Immediately)
I
Nuclear Fuel Services, Inc. (NFS or Licensee) is the holder of
Special Nuclear Materials License No. SNM-124 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 70 on
July 2, 1999. The license authorizes the operation of the NFS facility
in accordance with the conditions specified therein. The facility is
located on the Licensee's site in Erwin, Tennessee.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) session conducted on
September 16, 2009.
II
On October 21, 2008, the NRC's Office of Investigations (OI)
initiated a review of an October 2007 incident that occurred at the
Licensee's facility in which the hearing test portion of a medical
examination was not administered to two security officers. The NRC's
letter of February 26, 2009, documented two apparent violations of NRC
requirements. The apparent violations involved the actions of a primary
physician for licensed activities for Nuclear Fuel Services, Inc., who
on October 19, 2007, certified on two security medical examination
forms that the named security officers were medically qualified per
medical standards when in fact their medical evaluation had not been
completed. Specifically, the two security officers had not been
administered the hearing test portion of the medical examination. As a
result, Nuclear Fuel Services, Inc., maintained incomplete and
inaccurate information, in violation of 10 CFR 70.9(a). Additionally,
the security officers were assigned to perform security duties without
proper suitability certification between October 23, 2007, and February
9, 2008, in violation of 10 CFR 73.46(b)(4).
III
On September 16, 2009, the NRC and NFS 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) NFS agrees that the two issues discussed in the NRC's letter of
February 26, 2009, represent violations of regulatory requirements.
(2) To preclude recurrence of the violations and to address NRC
concerns, NFS completed the following corrective actions and
enhancements:
a. On February 5, 2008, both security officers were removed from
security duties and scheduled for hearing tests. The security officers
passed the test.
b. On February 5, 2008, a Security Training Specialist performed a
query on physical examinations completed during the same time frame
(October 15-26, 2007) and reviewed physical exam paperwork for
additional discrepancies. No additional discrepancies were identified.
c. On February 6, 2008, the Security Training Manager met with the
Contract Security Scheduler and the Security Training Specialists to
reinforce the importance of physical exam
[[Page 64760]]
requirements and provided instructions on performing a proper review of
physical exams and immediate actions to take for identified
discrepancies.
d. On February 6, 2008, the Security Training Manager met with the
primary physician for licensed activities and reinforced the importance
of physical exam requirements regarding the Site Training and
Qualification Plan.
e. On February 6, 2008, NFS received physical exam paperwork
documenting the successful completion of hearing tests for the two
security officers and allowed officers to resume security duties.
f. NFS created procedure NFS-SEC-008 in March 2009 to educate the
security work force on basic physical qualification requirements.
g. NFS has instituted an administrative check process to ensure
that all required information is annotated on the incoming physical
exam forms.
(3) In addition to the actions completed by NFS as discussed above,
NFS agreed to additional corrective actions and enhancements, as fully
delineated below in Section V of the Confirmatory Order.
(4) The NRC and NFS agree that the elements discussed in Sections
III and V will be incorporated into a Confirmatory Order. The resulting
Confirmatory Order will be considered by the NRC for any future
assessment of NFS, as appropriate.
(5) NFS agrees to complete the items listed in Section V within 12
months of issuance of the Confirmatory Order.
(6) Within three months of completion of the terms of the
Confirmatory Order, NFS will provide the NRC with a letter discussing
its basis for concluding that the Confirmatory Order has been
satisfied.
(7) In consideration of the commitments delineated in Section III
and V, 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 NFS of February 26, 2009 (EA-08-321).
(8) This agreement is binding upon successors and assigns of NFS.
IV
Since NFS has completed the actions as delineated in Section III.2,
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 NFS's commitments as set forth in Section V are
acceptable and necessary and conclude that with these commitments the
public health and safety and common defense and security are reasonably
assured. In view of the foregoing, I have determined that public health
and safety require that NFS's commitments be confirmed by this Order.
Based on the above and NFS's 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 License No. SNM-124 is modified as follows:
(1) NRC acknowledged NFS' ongoing efforts in implementation of the
Safety Culture Improvement Plan (SCIP) as prescribed in the NRC's
Confirmatory Order of February 21, 2007, and its benchmarking efforts
and Corrective Action Program (CAP) improvements. However, NFS also
agrees to assess why the incident referenced in Section II was not
entered into its CAP and why a formal root cause evaluation was not
completed. Based on this review, NFS will implement corrective actions
to ensure that the CAP thresholds for conducting root cause evaluations
are appropriate. As part of the above assessment, NFS agrees to
additional benchmarking efforts, as warranted, to identify and
implement best practices, including the area of root cause analysis,
thresholds, and processes.
(2) NFS agrees to initiate and complete actions to ensure an
understanding of the extent of condition (including vulnerability of
other physician certified processes such as respirator qualification).
(3) NFS agrees to benchmark other licensees in their oversight of
services provided by any primary physician for licensed activities, to
identify and implement best practices and enhancements to ensure the
quality and accuracy of licensed physician services.
(4) For a period of one year after issuance of the Confirmatory
Order, NFS will ensure that the primary physician responsible for
licensed activities meets at least quarterly with a physician engaged
in NRC-regulated activities, to review unique or noteworthy issues
relevant to compliance with NRC regulations. At the conclusion of the
one-year period, NFS will determine the appropriate frequency for
continuing such interactions.
(5) NFS will ensure that the primary physician for licensed
activities initiates a one time, mutual review of processes and
procedures with an industry counterpart involved with applicable NRC-
regulated activities. The results of this review will be documented and
made available for NRC review. NFS will consider corrective actions and
enhancements based on the review.
(6) NFS will establish appropriate standards for the primary
physician for licensed activities and other contract medical
specialists. These standards will include applicable regulatory
requirements, continuing education requirements (such as industry peer
group membership and certification), and an NFS specific lesson plan.
(7) NFS will formalize its administrative check used to ensure all
required information is annotated on the incoming physical exam forms
by revising procedure NFS-SEC-008.
(8) NFS agrees to complete the items listed in Section V within 12
months of issuance of the Confirmatory Order.
(9) Within three months of completion of the terms of the
Confirmatory Order, NFS 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 NFS of good
cause.
VI
Any person adversely affected by this Confirmatory Order, other
than NFS, 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 NFS 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 document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested
[[Page 64761]]
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 23rd day of November 2009.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Deputy Regional Administrator for Operations.
[FR Doc. E9-29199 Filed 12-7-09; 8:45 am]
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