[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53975-53979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22109]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0195; 030-33792; 12-16941-03 (terminated); EA-10-161]
In the Matter of Professional Service Industries, Inc., Oakbrook
Terrace, IL; Confirmatory Order (Effective Immediately)
I
Professional Service Industries, Inc., (PSI) was the holder of
Materials License No. 12-16941-03 issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) part 30 on September 13, 1995, and
terminated on January 29, 2010. The license authorized PSI to possess
and use sealed radioactive sources in performance of industrial
radiographic activities in Rock Springs, Wyoming, and at temporary job
sites within Federal jurisdiction.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on July 11, 2011.
II
On March 31, 2009, the NRC conducted an inspection at the PSI
Oakbrook Terrace, Illinois, facility, and on July 27 through 30, 2009,
at the PSI Rock Springs, Wyoming, facility and at a temporary jobsite
in Wyoming. The NRC also continued to do in-office inspection through
April 25, 2011. On April 10, 2009, the NRC Office of Investigations
(OI) initiated an investigation (OI Case No. 3-2009-021) to determine
whether management individuals at the PSI Rock Springs, Wyoming, office
engaged in deliberate misconduct by allowing uncertified radiographers
to conduct radiography and by failing to ensure that qualified
individuals were present to maintain proper surveillance during
radiographic operations.
The NRC inspection identified that safety and security-related
violations had occurred at PSI's Rock Springs, Wyoming, office, and at
temporary job sites in the vicinity of the Rock Springs, Wyoming,
office during 2008 and 2009. The apparent safety violations included
PSI's failure to: (1) Ensure that individuals acting as radiographers
had required training; (2) ensure that individuals acting as
radiographer's assistants had required training and that there were two
qualified individuals present when performing radiography at temporary
jobsites; (3) provide a radiographer's assistant with a personnel
dosimeter to wear while conducting radiographic operations; (4) conduct
annual reviews of its Radiation Protection Program content and
implementation; (5) provide annual reports of the doses received by
monitored individuals to those individuals; (6) use physical barriers
for the restricted area perimeter; (7) prevent unauthorized personnel
from being within the restricted area boundaries while industrial
radiographic equipment was in use; and (8) conduct reasonable surveys
to assure compliance with public dose limits. The security-related
violations are described in the non-publicly available Appendix to this
Confirmatory Order.
The NRC investigation determined that a manager in the PSI Rock
Springs, Wyoming, office willfully assigned an individual to perform
radiography on at least one occasion, knowing that the individual was
not properly qualified. The NRC investigation also determined that an
individual deliberately accepted the assignment and performed
radiography, knowing that his Industrial Radiography Radiation Safety
Personnel (IRRSP) card had expired.
On July 11, 2011, the NRC and PSI met in an ADR session mediated by
a professional mediator, arranged through Cornell University's
Institute on Conflict Resolution. Alternative Dispute Resolution is a
process in which a neutral mediator with no decision-making authority
assists the parties in reaching an agreement on resolving any
differences regarding the dispute. This Confirmatory Order is issued
pursuant to the agreement reached during the ADR process.
III
In response to the NRC's offer, PSI requested use of the NRC's ADR
process to resolve differences it had with the NRC. During an ADR
session on July 11, 2011, a preliminary settlement agreement was
reached. The elements of the agreement consisted of the following:
1. Within 90 days of the issuance of this Confirmatory Order, PSI
agrees to review the training, certification and security authorization
of each employee performing or assisting with radiography. Within 30
days of the completion of the review, a corporate level individual will
sign a statement indicating whether the employee is authorized to work
with licensed material. For radiographers, this statement will include
the expiration date for their radiography training required by 10 CFR
34.43 or equivalent State requirements. A copy of the statement will be
provided to the employee, the employee's immediate supervisor, and the
local radiation safety officer, as well as be kept by the corporate
office. Prior to the employee being assigned to a radiography crew, the
person assigning work will verify that the employee is qualified. PSI
will implement a periodic (at least biennial) review of the
qualification statements for at least the next five years. This item
will be included as a line item in the PSI annual audit (required by 10
CFR 20.1101 or the equivalent State requirements) of the Radiation
Safety Program for the next five years; it may be lined through for
those years not requiring review.
2. Within 90 days of the issuance of this Confirmatory Order, PSI
agrees to develop and implement procedures for the corporate radiation
safety office to directly perform or to observe the local radiation
safety officer's performance of the field inspections/audits of
radiographers and radiographer assistants required by 10 CFR 34.43(e)
or equivalent State requirements. The procedures shall define the
periodicity of the inspections/audits, such that each branch office is
inspected by the corporate radiation safety staff at least once every
year. These procedures will be maintained and revised based on lessons
learned for a minimum of five years. These procedures will include
safety and security areas to be evaluated by corporate radiation staff
and areas that will be evaluated by branch office radiation staff.
3. Within 90 days of the issuance of this Confirmatory Order, PSI
agrees to develop and implement a disciplinary program with a graded
approach for radiation safety and security infractions. Under the
program, corporate staff will have the authority to take direct
disciplinary action for radiation safety and security issues. The
disciplinary program will emphasize individual responsibility for
radiation safety and radioactive material security, and will encourage
reporting safety and security concerns, including the employee
[[Page 53976]]
hotline. Prior to implementation of the program, PSI will train its
employees on the program. PSI agrees to perform biennial verification
that the procedure remains current for the next five years (minimum of
two verifications). This item will be included as a line item in the
PSI annual audit of the Radiation Safety Program for the next five
years; it may be lined through for those years not requiring review.
4. Within 90 days of the issuance of this Confirmatory Order, PSI
agrees to develop, implement, and provide training to all radiation
safety officers, radiographers, and assistant radiographers.
Additionally, this training shall be provided to new employees prior to
working with licensed material for the first time. Refresher training
will be provided annually (at intervals not to exceed 12 months)
thereafter for all employees involved in licensed activities. Records
of training materials and course attendees shall be maintained for at
least five years. Verification of training will be included as a line
item in the PSI annual audit of the Radiation Safety Program for the
next five years. The training shall address at a minimum:
(a) A review of requirements for safe and secure performance of
radiography, including review of PSI's Operating and Emergency
Procedures;
(b) A review of any radiation mishaps, audit deficiencies, or
regulatory violations within PSI as well as significant events within
the industry (if known);
(c) A review of the consequences of and the potential actions that
could be taken for deliberate violations of PSI requirements;
(d) A review of PSI's license conditions and regulations governing
the use of licensed material (including appropriate reporting
requirements such as 10 CFR 30.50 and 10 CFR 34.101; and employee
protection requirements such as those contained in 10 CFR 30.7, or the
equivalent State requirements);
(e) A review of the changes made to PSI procedures and policies
resulting from the terms of this Confirmatory Order.
5. Within 90 days of the date of this Confirmatory Order, PSI
agrees to develop and schedule a training session on safety culture and
the role and responsibility of the radiation safety officer to maintain
an effective safety culture. The training shall be presented to each
radiation safety officer within 180 days of the date of this
Confirmatory Order. The training shall be conducted annually for five
years and provided to newly assigned radiation safety officers within
30 days of assignment, if that assignment occurs greater than 180 days
after the issuance of this Confirmatory Order. Verification of training
will be included as a line item in the PSI annual audit of the
Radiation Safety Program for the next five years.
6. PSI agrees to include as part of the annual reviews of the
Radiation Safety Program (including security aspects), an assessment of
the effectiveness of and adherence to the terms of this Confirmatory
Order. The assessment will be summarized and provided to all PSI
employees who have responsibilities in the use of radiography. The
complete assessment will be provided to corporate management and
retained for at least five years from the date of the audit.
7. [Official Use Only--Security-Related Information. Described in
the non-publicly available Appendix to this Confirmatory Order].
8. Within 30 days of issuance of this Confirmatory Order, PSI
agrees to revise procedures to increase the independence of
inspections/audits of each radiographer and assistant radiographer for
the next two years following issuance of this Confirmatory Order. The
revised procedure will have at least one quarterly inspection/audit at
each branch office be conducted by an independent auditor (corporate
radiation safety officer, radiation safety officer from a different
branch office, an independent consultant, or another individual meeting
the NRC's requirements for a radiation safety officer). As prescribed
by procedure, the field audits shall be unannounced and the auditor
shall observe PSI radiographers actually performing radiographic
operations. Serious deficiencies (such as untrained personnel, not
wearing dosimetry, unsafe operations or security issues) identified
during the audit will be discussed with the local and corporate
radiation safety officers within 24 hours of the observation and a plan
to correct the problem will be put into place within the following 48
hours following the conversation. The auditor will provide both the
local and corporate radiation safety officers with a copy of the audit
results, including discussion of areas needing improvement. The annual
audit of the Radiation Safety Program will include verification that
field audit deficiencies have been corrected.
9. PSI agrees to make a one-time submittal to the Director,
Division of Nuclear Materials Safety, U.S. Nuclear Regulatory
Commission, Region III, 2443 Warrenville Road, Lisle, IL 60532-4352, as
to how each of the above items was completed, including copies of
procedure changes and training materials, within 30 days following the
completion of the last item (which is scheduled to be completed no
later than 180 days after the issuance of this Confirmatory Order). PSI
also agrees to provide the NRC a summary of its annual reviews of the
Radiation Safety Program, including information about how this
Confirmatory Order has been met for the next five years following
issuance of this Confirmatory Order. This summary shall be provided to
the NRC within 60 days of completion of the annual audit.
10. PSI agrees to provide the NRC with a minimum of eight days
notice prior to entering NRC's jurisdiction beyond the requirements of
10 CFR 150.20, for a period of three years following issuance of this
Confirmatory Order.
11. PSI agrees to provide written long-term corrective actions for
each of the specific safety and security violations enclosed with the
Order within 60 days of the issuance of this Confirmatory Order.
12. In consideration of the above actions on the part of PSI, NRC
agrees to limit the civil penalty amount in this enforcement action to
$15,000. Accordingly, within 30 days of the date of this Confirmatory
Order, PSI shall pay the civil penalty in the amount of $15,000 in
accordance with NRC Technical Report (NUREG)/BR-0254 and submit to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, a statement indicating when and by what method
payment was made.
13. In consideration of the above actions on the part of PSI, NRC
agrees to enclose Notices of Violation to this Confirmatory Order
documenting the eight safety violations described above, the security-
related violations described in the non-publicly available Appendix to
this Confirmatory Order, and the severity level of each violation, with
no additional response requirements beyond the terms specified in this
agreement.
14. PSI makes no admission that any employee or former employee
deliberately violated any NRC requirements and the NRC agrees not to
pursue any further enforcement action in connection with events
described in the NRC's May 16, 2011, letter to PSI. This does not
prohibit the NRC from taking enforcement action in accordance with the
NRC Enforcement Policy if PSI commits similar violations in the future
or violates this Confirmatory Order.
On August 9, 2011, the licensee consented to issuing this
Confirmatory
[[Page 53977]]
Order with the commitments, as described in Section V below. PSI
further agreed that this Confirmatory Order is to be effective upon
issuance and that it has waived its right to a hearing.
IV
Since the licensee 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.
We find that PSI'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, we have determined that public health and safety require
that PSI's commitments be confirmed by this Confirmatory Order. Based
on the above and PSI's consent, this Confirmatory Order is immediately
effective upon issuance.
V
Accordingly, pursuant to Sections 81, 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 30, it is hereby ordered,
effective immediately, that:
1. Within 90 days of the issuance of this Confirmatory Order, PSI
shall review the training, certification and security authorization of
each employee performing or assisting with radiography. Within 30 days
of the completion of the review, a corporate level individual shall
sign a statement indicating whether the employee is authorized to work
with licensed material. For radiographers, this statement shall include
the expiration date for their radiography training required by 10 CFR
34.43 or equivalent State requirements. A copy of the statement shall
be provided to the employee, the employee's immediate supervisor, and
the local radiation safety officer, as well as be kept by the corporate
office. For the next five years, the person assigning work will verify
that the employee is qualified prior to the employee being assigned to
a radiography crew. PSI shall implement a periodic (at least biennial)
review of the qualification statements for at least the next five
years. This item shall be included as a line item in the PSI annual
audit (required by 10 CFR 20.1101 or the equivalent State requirements)
of the Radiation Safety Program for the next five years; it may be
lined through for those years not requiring review.
2. Within 90 days of the issuance of this Confirmatory Order, PSI
shall develop and implement procedures for the corporate radiation
safety office to directly perform or to observe the local radiation
safety officer's performance of the field inspections/audits of
radiographers and radiographer assistants required by 10 CFR 34.43(e)
or equivalent State requirements. The procedures shall define the
periodicity of the inspections/audits, such that each branch office is
inspected by the corporate radiation safety staff at least once every
year. These procedures shall be maintained and revised based on lessons
learned for a minimum of five years. These procedures shall include
safety and security areas to be evaluated by corporate radiation staff
and areas that shall be evaluated by branch office radiation staff.
3. Within 90 days of the issuance of this Confirmatory Order, PSI
shall develop and implement a disciplinary program with a graded
approach for radiation safety and security infractions. Under the
program, corporate staff shall have the authority to take direct
disciplinary action for radiation safety and security issues. The
disciplinary program shall emphasize individual responsibility for
radiation safety and radioactive material security, and shall encourage
reporting safety and security concerns, including the employee hotline.
Prior to implementation of the program, PSI shall train its radiography
employees on the program. PSI shall perform biennial verification that
the procedure remains current and that the program remains in effect
for the next five years (minimum of two verifications). This item shall
be included as a line item in the PSI annual audit of the radiography
Radiation Safety Program for the next five years; it may be lined
through for those years not requiring review.
4. Within 90 days of the issuance of this Confirmatory Order, PSI
shall develop, implement, and provide training to all radiography
radiation safety officers, radiographers, and assistant radiographers.
For the next five years, this training shall be provided to new
radiography employees prior to working with licensed material for the
first time. Additionally, for the next five years, refresher training
will be provided annually (at intervals not to exceed 12 months) for
all employees involved in licensed activities. Records of training
materials and course attendees shall be maintained for at least five
years. Verification of training shall be included as a line item in the
PSI annual audit of the Radiation Safety Program for the next five
years. The training shall address at a minimum:
(a) A review of requirements for safe and secure performance of
radiography, including review of PSI's Operating and Emergency
Procedures;
(b) A review of any radiation mishaps, audit deficiencies, or
regulatory violations within PSI as well as significant events within
the industry (if known);
(c) A review of the consequences of and the potential actions that
could be taken for deliberate violations of PSI requirements;
(d) A review of PSI's license conditions and regulations governing
the use of licensed material (including appropriate reporting
requirements such as 10 CFR 30.50 and 10 CFR 34.101; and employee
protection requirements such as those contained in 10 CFR 30.7 or the
equivalent State requirements);
(e) A review of the changes made to PSI procedures and policies
resulting from the terms of this Confirmatory Order.
5. Within 90 days of the date of this Confirmatory Order, PSI shall
develop and schedule a training session on safety culture and the role
and responsibility of the radiography radiation safety officer to
maintain an effective safety culture. The training shall be presented
to each radiation safety officer within 180 days of the date of this
Confirmatory Order. The training shall be conducted annually for five
years and provided to newly assigned radiation safety officers within
30 days of assignment, if that assignment occurs greater than 180 days
after the issuance of this Confirmatory Order. Verification of training
shall be included as a line item in the PSI annual audit of the
Radiation Safety Program for the next five years.
6. PSI shall include as part of the annual reviews of the Radiation
Safety Program (including security-related aspects), an assessment of
the effectiveness of and adherence to the terms of this Confirmatory
Order. The assessment shall be summarized and provided to all PSI
employees who have responsibilities in the use of radiography. The
complete assessment shall be provided to corporate management and
retained for at least five years from the date of the audit.
7. [Official Use Only--Security-Related Information. Described in
the non-publicly available Appendix to this Confirmatory Order].
8. Within 30 days of issuance of this Confirmatory Order, PSI shall
revise procedures to increase the independence of inspections/audits of
each radiographer and assistant
[[Page 53978]]
radiographer for the next two years following issuance of this
Confirmatory Order. The revised procedure shall have at least one
quarterly inspection/audit at each branch office be conducted by an
independent auditor (corporate radiation safety officer, radiation
safety officer from a different branch office, an independent
consultant, or another individual meeting the NRC's requirements for a
radiation safety officer). As prescribed by procedure, the field audits
shall be unannounced and the auditor shall observe PSI radiographers
actually performing radiographic operations. Serious deficiencies (such
as untrained personnel, not wearing dosimetry, unsafe operations or
security issues) identified during the audit shall be discussed with
the local and corporate radiation safety officers within 24 hours of
the observation and a plan to correct the problem shall be put into
place within the following 48 hours following the conversation. The
auditor shall provide both the local and corporate radiation safety
officers with a copy of the audit results, including discussion of
areas needing improvement. The annual audit of the Radiation Safety
Program shall include verification that field audit deficiencies have
been corrected.
9. PSI shall make a one-time submittal to the Director, Division of
Nuclear Materials Safety, U.S. Nuclear Regulatory Commission, Region
III, 2443 Warrenville Road, Lisle, IL 60532-4352, as to how each of the
above items was completed, including copies of procedure changes and
training materials, within 30 days following the initial implementation
of the last item (which is scheduled to be implemented no later than
180 days after the issuance of this Confirmatory Order). PSI shall
provide the NRC a summary of its annual reviews of the Radiation Safety
Program, including information about how this Confirmatory Order has
been met for the next five years following issuance of this
Confirmatory Order. This summary shall be provided to the NRC within 60
days of completion of the annual audit.
10. PSI shall provide the NRC with a minimum of eight days notice
prior to entering NRC jurisdiction beyond the requirements of 10 CFR
150.20, for a period of three years following issuance of this
Confirmatory Order.
11. PSI shall provide written long-term corrective actions for each
of the specific safety and security-related violations enclosed with
the Order within 60 days of the issuance of this Confirmatory Order.
12. Within 30 days of the date of this Confirmatory Order, PSI
shall pay the civil penalty in the amount of $15,000 in accordance with
NUREG/BR-0254 and submit to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, a statement
indicating when and by what method payment was made.
The Regional Administrator, Region III, NRC, may, in writing, relax
or rescind any of the above conditions upon demonstration by PSI of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than PSI, 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 made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension.
All documents filed in the NRC's 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
ten 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 the Electronic Information Exchange, 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
[[Page 53979]]
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 PSI) requests a hearing, that person shall
set forth with particularity the manner in which his interest is
adversely affected by this Confirmatory 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.
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
Confirmatory 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.
For the U.S. Nuclear Regulatory Commission.
Dated this 18th day of August 2011.
Mark A. Satorius,
Regional Administrator, NRC Region III.
[FR Doc. 2011-22109 Filed 8-29-11; 8:45 am]
BILLING CODE 7590-01-P