[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Pages 35846-35847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15198]



[NRC-2010-0224; Docket No. 70-27; License No. SNM-42; EA-08-204]

 In the Matter of Babcock & Wilcox Nuclear Operations Group, 
Inc., Lynchburg, VA; Order Imposing Civil Monetary Penalty


    Babcock & Wilcox Nuclear Operations Group, Inc., (Licensee) is the 
holder of Materials License No. SNM-42, approved for 20-year renewal by 
the Nuclear Regulatory Commission (NRC or Commission) on April 25, 
2007. The license authorizes the Licensee to manufacture nuclear 
components for the government and commercial entities in accordance 
with the conditions specified therein.


    An NRC inspection of the Licensee's activities was conducted from 
March 23 through June 21, 2008, at its Lynchburg, Virginia, facility. 
The results of this inspection indicated that the Licensee had not 
conducted its activities in full compliance with NRC requirements. A 
written Notice of Violation and Proposed Imposition of Civil Penalty 
(Notice) was served upon the Licensee by letter dated February 23, 
2010. The Notice stated the nature of the violation, the provision of 
the NRC's requirements that the Licensee violated, and the amount of 
the civil penalty proposed for the violation.
    The Licensee responded to the Notice in a letter dated March 31, 
2010. In its response, the Licensee denied the severity level of the 
violation and protested the civil penalty in whole.


    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff has determined, as set forth in the Appendix to this 
Order, that the violation occurred as stated and that the civil penalty 
in the amount of $32,500 should be imposed.


    In view of the foregoing and pursuant to Section 234 of the Atomic 
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205, 
it is hereby ordered that:
    The Licensee shall pay a civil penalty in the amount of $32,500 
within 20 days of the date this Order is published in the Federal 
Register, in accordance with NUREG/BR-0254. In addition, at the time 
payment is made, the licensee shall submit a statement indicating when 
and by what method payment was made, to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852-2738.


    In accordance with 10 CFR 2.202, the licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 20 days of its publication in the Federal Register. The 
answer should be sent to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission.
    In addition, the licensee and any other person adversely affected 
by this Order may request a hearing on this Order within 20 days of its 
publication in the Federal Register. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    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 governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 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 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 Meta System 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 online, 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

[[Page 35847]]

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. If a person other than the 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).
    If a hearing is requested by a licensee or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
the time and place of any hearings. 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 IV 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 IV shall be final when the extension expires if a hearing 
request has not been received. If payment has not been made by that 
time, the matter may be referred to the Attorney General, for 
    In the event the Licensee requests a hearing as provided above, the 
issues to be considered at such hearing shall be:
    (a) Whether the Licensee was in violation of the Commission's 
requirements as set forth in the Notice referenced in Section II above, 
    (b) whether, on the basis of such violation, this Order should be 

    Dated at Rockville, Maryland, this 15th day of June 2010.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2010-15198 Filed 6-22-10; 8:45 am]