[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35846-35847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15198]
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NUCLEAR REGULATORY COMMISSION
[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
I
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.
II
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.
III
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.
IV
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.
V
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
collection.
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,
and
(b) whether, on the basis of such violation, this Order should be
sustained.
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]
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