Federal Register, Volume 77 Issue 16 (Wednesday, January 25, 2012)

[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3800-3804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1502]

[[Page 3800]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0017]

Accurate NDE & Inspection, LLC; Confirmatory Order

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In the Matter of Accurate NDE & Docket: 150-00017, General
Inspection, LLC Broussard, Louisiana. License Pursuant to 10 CFR
150.20, EA-11-043
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(Effective Immediately)

Accurate NDE & Inspection, LLC, (Accurate NDE or Licensee) is the
holder of a general license issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR 150.20. This general
license was granted to Accurate NDE at various times during calendar
years between 2005 and 2011.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on September 28, 2011, in Baton Rouge, Louisiana.

On May 26, 2010, the NRC conducted a special inspection of licensed
activities involving the use of byproduct material for industrial
radiography conducted under a general license pursuant to the
provisions of 10 CFR 150.20. The inspection was conducted in response
to an event that occurred on March 15, 2010, involving the loss of a
sealed source of iridium-192 while performing licensed activities in
offshore Federal waters. On June 28, 2010, the NRC's Office of
Investigations, Region IV, began an investigation (Case 4-2010-062) to
determine if Accurate NDE, a State of Louisiana licensee, willfully
failed to follow Louisiana license and NRC regulatory requirements. By
letter dated July 28, 2011, the NRC transmitted the results of the
inspection and investigation in NRC Inspection Report 150-00017/2010-
002 and Investigation Report 4-2010-062 (ML11209B523) to Accurate NDE.
Based on the results of the NRC inspection and investigation, the NRC
determined that five apparent violations of NRC requirements had
occurred. The apparent violations involved failures to: (1) Comply with
the terms of an Agreement State license that requires the licensee to
follow its operating procedures, which prohibit radiographers from
attempting to retrieve a disconnected source without notifying the
radiation safety officer (RSO); (2) maintain accurate information
concerning personnel monitoring; (3) wear personnel dosimeters at all
times while performing radiographic operations; (4) conduct a radiation
survey when a radiographic exposure device is placed into storage; and
(5) immediately report the loss of a sealed source of radiation. In
addition, the NRC is concerned that willfulness may be associated with
the apparent failure to follow the operating procedure that prohibits a
radiographer from attempting to retrieve a disconnected radiography
source without notifying the RSO, and the apparent failure to maintain
accurate personnel monitoring information.
In the July 28 letter, the NRC informed Accurate NDE that the NRC
was considering escalated enforcement action for the apparent
violations. The NRC offered Accurate NDE the opportunity to request a
predecisional enforcement conference or request ADR with the NRC in an
attempt to resolve issues associated with this matter. In response, on
August 9, 2011, Accurate NDE requested ADR to resolve this matter with
the NRC.
On September 28, 2011, the NRC and Accurate NDE representatives met
in an ADR session with a professional mediator, arranged through the
Cornell University 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 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, Accurate NDE requested use of the
NRC ADR process to resolve differences it had with the NRC. During that
ADR session, a preliminary settlement agreement was reached. The
elements of the agreement consisted of the following:
The NRC recognizes the corrective actions that Accurate NDE has
already implemented associated with the apparent violations, which
include:
Short-term corrective actions that included training
provided to the radiography staff by the RSO on operating procedures
specific to source disconnect events.
Posting on the offshore platform that included a warning
plaque, stating that a radioactive source was lost below the platform.
Provided training to radiography staff during the annual
refresher training conducted in October 2010 and the safety meeting
conducted in June 2011.
Accurate NDE has also agreed to take the following corrective
actions to address the apparent violations:
A. Accurate NDE will establish a comprehensive training program
with the goal of deterring future willful violations by ensuring that
its employees understand the importance that the NRC places on
violations that are caused by deliberate misconduct, as well as
violations caused by careless disregard. Therefore, in addition to
discussing deliberate misconduct and careless disregard, the training
will also stress the importance of knowing the procedural and
regulatory requirements that apply to the work activities and knowing
when to stop and verify what the correct action to take is before
proceeding in the work activity. The training program will consist of
training for all the current and newly hired employees performing NRC-
licensed activities and provide for annual refresher training. Accurate
NDE will complete the following activities for the training program:
1. Initial Training Requirements for Current Employees:
Within 60 days of the issuance date of this Confirmatory
Order, Accurate NDE will contract with an external contractor to
provide training to all of its current employees who are engaged in
NRC-licensed activities (up to and including the company president) on
what is meant by willfulness and the potential enforcement sanctions
that the NRC may take against employees who engage in deliberate
misconduct.
At least 15 days prior to the date that Accurate NDE
intends to execute a contract with the external contractor, Accurate
NDE will submit, for NRC review and approval, the resume of the
contractor recommended to perform the training.
At least 15 days prior to the start of the training, but
no later than 30 days after executing the contract with the external
training contractor, Accurate NDE will submit, for NRC review and
approval, an outline of the topics to be covered during this training
session.
The initial training must be completed for all current
employees, within 45 days of NRC's approval of the outline of course
topics.
Accurate NDE will assess the effectiveness of the training
through written testing. Any employee not passing the test will receive
remedial training and will be re-tested. Within 30 days of completing
the initial training for all current employees, Accurate NDE will
provide to the NRC (1) a letter stating that the training, as specified

[[Page 3801]]

above, has been completed and (2) the results of the employee testing
process.
2. Initial Training for New Employees and Annual Refresher
Training:
Within 120 days of the issuance date of this Confirmatory
Order, Accurate NDE will submit for NRC review and approval, the
Training Program and associated procedure(s) that describe the initial
training that must be provided to new employees who will be conducting
NRC-licensed activities and the annual refresher training that will be
conducted for those employees who are performing NRC-licensed
activities. The Accurate NDE President or RSO may conduct the initial
training for new employees or the annual refresher training. The
submittal to the NRC will include (1) an outline of the topics to be
covered during the initial training and the refresher training
sessions, (2) any procedure(s) that provide guidance on how the
Training Program is conducted, and (3) details of the testing that will
be conducted to evaluate the effectiveness of the training.
3. Training Program Requirements: The training for the current
employees, new employees and annual refresher training will include the
following elements:
The training will include the elements of willfulness
discussed in the NRC Enforcement Manual (Chapter 6) and will include
some examples of enforcement actions the NRC has taken against
individuals (which are publicly available on the NRC's Web site).
The training must include the requirements contained in 10
CFR 30.9, ``Completeness and Accuracy of Information''; 10 CFR 30.10,
``Deliberate Misconduct''; and 10 CFR 30.7, ``Employee Protection.''
The training will include discussion of the willful issues
discussed in the NRC's Notice of Violation and Proposed Imposition of
Civil Penalty issued to Accurate NDE on March 20, 2007, and the willful
issues discussed in NRC Inspection Report 150-00017/2010-002 issued to
Accurate NDE on July 28, 2011.
The training will include a discussion on the following
topics: (1) The importance of following and complying with licensee
procedures during off-normal events; (2) the importance of compliance
with NRC regulations and licensee procedures; and (3) past radiography
events that have resulted in overexposures to individuals, including
the health effects of such overexposures.
The training will include a discussion of the NRC's policy
statement on safety culture and employees must be provided with a copy
of the policy statement as contained in NUREG/BR-0500.
Training will emphasize the requirements of what
radiographers must do if required equipment does not function while
they are conducting radiography in offshore waters (e.g., survey meter,
pocket dosimeter, alarming rate meter, locks on the dark room).
4. Record Requirements:
Records of the training and the test results will be
maintained for 5 years and will be made available to the NRC, if
requested.
B. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit for NRC review and approval, a
procedure for conducting field audits of radiography crews performing
work in offshore waters. When possible, the audits must be unannounced.
The RSO or an appropriate company manager must conduct an audit of the
job performance of each radiographer and radiographer assistant during
an actual industrial radiographic operation in offshore waters, at
intervals not to exceed 6 months, while there is work being performed
under NRC jurisdiction. The procedure must contain the elements the
audit will review. Records of audits and audit findings shall be
maintained for 5 years and made available to the NRC, if requested.
C. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit for NRC review and approval a
procedure for conducting radiography safely in offshore waters. The NRC
will review the submitted procedure to ensure it contains the following
elements:
1. A requirement that the radiography crew must ALWAYS contact the
Accurate NDE RSO or a qualified individual designated by the Accurate
NDE President, before attempting any source retrieval, no matter if the
source is determined to be inside or outside of the guide tube;
2. A requirement to ensure that, for crews performing work in
offshore waters, at least one radiographer who is qualified to perform
source retrievals will be assigned to the crew and will be physically
present while radiography is being conducted;
3. A provision that, after contacting the RSO or qualified
individual and obtaining authorization, the radiographer who is
qualified to perform source retrievals may perform source retrievals as
directed by the RSO or a qualified individual designated by the
Accurate NDE President;
4. A qualification program to be provided to train radiographers on
source retrieval. Additionally, a description of some of the general
methods, which qualified radiographers may use to perform source
retrievals, will be included;
5. A requirement that a checklist be completed, which lists all
equipment that must be taken to jobs in offshore waters, and that the
equipment be functionally checked prior to leaving to perform work in
offshore waters (e.g., survey meters, dosimetry, crank out cables,
security devices);
D. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit for NRC review and approval, a
procedure describing the training that will be conducted for the
Accurate NDE RSO and any other manager designated to be on-call,
providing details on the NRC notification and reporting requirements
contained in 10 CFR 20.2201 and 20.2202, 10 CFR 30.50, and 10 CFR
34.101. The training must be conducted prior to any new individual
assuming duties of the RSO or as manager on-call, and the training must
be conducted within 30 days of NRC approval of the training procedure
for the current RSO and any managers that may be on-call. This training
may be conducted internally, as directed by the Accurate NDE President.
Records of this training will be maintained for 5 years and made
available to the NRC, if requested.
E. Beginning January 1, 2013, Accurate NDE shall submit to the NRC
a copy of each procedure used when performing radiography activities
within NRC jurisdiction, and each procedure used to train personnel who
perform radiography activities within NRC jurisdiction. Starting in
2013, the procedures shall be submitted to the NRC annually by January
31st of each year for 5 years.
F. Accurate NDE shall pay a civil penalty in the amount of $13,500.
This civil penalty shall be made in twelve equal payments of $1,125.
The first payment shall be made within 30 days of the issuance date of
this Confirmatory Order. The remaining 11 payments shall be made in
equal payments each month thereafter.
G. After Accurate NDE receives the NRC reviewed and approved
procedures specified in Items B through D, Accurate NDE shall implement
and comply with the approved procedures when performing work under NRC
jurisdiction. The approved procedures, and any subsequent procedural
revisions, will remain binding upon Accurate NDE when performing work
under NRC jurisdiction for a period of

[[Page 3802]]

10 years from the date of the Confirmatory Order.
The NRC will endeavor to complete all reviews of submitted
procedures, training programs, and other documents in a timely manner.
If the NRC does not approve a required submittal and Accurate NDE
believes that the disapproval is unwarranted, Accurate NDE may address
the disapproval with the Director, Division of Nuclear Materials
Safety, U.S. NRC Region IV.
On December 7, 2011, Accurate NDE consented to issuing this Order
with the commitments, as described in Section V below. Accurate NDE
further agreed that this Order is to be effective upon issuance and
that it has waived its right to a hearing.

Since Accurate NDE 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.
I find that Accurate NDE'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, I have determined that public health and safety require that
the Licensee's commitments be confirmed by this Order. Based on the
above and Accurate NDE's consent, this Confirmatory Order is
immediately effective upon issuance.

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, 2.205, and 10 CFR Parts 20, 30, 34, and
150, it is hereby ordered, effective immediately, that:
A. Accurate NDE will establish a comprehensive training program
with the goal of deterring future willful violations by ensuring that
its employees understand the importance that the NRC places on
violations that are caused by deliberate misconduct, as well as
violations caused by careless disregard. Therefore, in addition to
discussing deliberate misconduct and careless disregard, the training
will also stress the importance of knowing the procedural and
regulatory requirements that apply to the work activities and knowing
when to stop and verify what the correct action to take is before
proceeding in the work activity. The training program will consist of
training for all the current and newly hired employees performing NRC-
licensed activities and provide for annual refresher training. Accurate
NDE will complete the following activities for the training program:
1. Initial Training Requirements for Current Employees:
a. Within 60 days of the issuance date of this Confirmatory Order,
Accurate NDE will contract with an external contractor to provide
training to all of its current employees who are engaged in NRC-
licensed activities (up to and including the company president) on what
is meant by willfulness and the potential enforcement sanctions that
the NRC may take against employees who engage in deliberate misconduct.
b. At least 15 days prior to the date that Accurate NDE intends to
execute a contract with the external contractor, Accurate NDE will
submit, for NRC review and approval, the resume of the contractor
recommended to perform the training.
c. At least 15 days prior to the start of the training, but no
later than 30 days after executing the contract with the external
training contractor, Accurate NDE will submit for NRC review and
approval, an outline of the topics to be covered during this training
session.
d. The initial training must be completed for all current
employees, within 45 days of NRC's approval of the outline of course
topics.
e. Accurate NDE will assess the effectiveness of the training
through written testing. Any employee not passing the test will receive
remedial training and will be retested. Within 30 days of completing
the initial training for all current employees, Accurate NDE will
provide to the NRC (1) a letter stating that the training, as specified
above, has been completed and (2) the results of the employee testing
process.
2. Initial Training for New Employees and Annual Refresher
Training:
Within 120 days of the issuance date of this Confirmatory
Order, Accurate NDE will submit, for NRC review and approval, the
Training Program and associated procedure(s) that describe the initial
training that must be provided to new employees who will be conducting
NRC-licensed activities and the annual refresher training that will be
conducted for those employees who are performing NRC-licensed
activities. The Accurate NDE President or RSO may conduct the initial
training for new employees or the annual refresher training. The
submittal to the NRC will include: (1) An outline of the topics to be
covered during the initial training and the refresher training
sessions, (2) any procedure(s) that provide guidance on how the
Training Program is conducted, and (3) details of the testing that will
be conducted to evaluate the effectiveness of the training.
3. Training Program Requirements: The training for current
employees, new employees and annual refresher training will include the
following elements:
a. The training will include the elements of willfulness discussed
in the NRC Enforcement Manual (Chapter 6) and will include some
examples of enforcement actions the NRC has taken against individuals
(which are publicly available on the NRC's Web site).
b. The training must include the requirements contained in 10 CFR
30.9, ``Completeness and Accuracy of Information''; 10 CFR 30.10,
``Deliberate Misconduct''; and 10 CFR 30.7, ``Employee Protection.''
c. The training will include discussion of the willful issues
discussed in the NRC's Notice of Violation and Proposed Imposition of
Civil Penalty issued to Accurate NDE on March 20, 2007, and the willful
issues discussed in NRC Inspection Report 150-00017/2010-002 issued to
Accurate NDE on July 28, 2011.
d. The training will include a discussion on the following topics:
(1) The importance of following and complying with licensee procedures
during off-normal events; (2) the importance of compliance with NRC
regulations and licensee procedures; and (3) past radiography events
that have resulted in overexposures to individuals, including the
health effects of such overexposures.
e. The training will include a discussion of the NRC's policy
statement on safety culture and employees must be provided with a copy
of the policy statement as contained in NUREG/BR-0500.
f. Training will emphasize the requirements of what radiographers
must do if required equipment does not function while they are
conducting radiography in offshore waters (e.g., survey meter, pocket
dosimeter, alarming rate meter, locks on the dark room).
4. Record Requirements:
Records of the training and the test results will be
maintained for 5 years and will be made available to the NRC, if
requested.
B. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit for NRC review and approval, a
procedure for conducting field audits of radiography crews working in
offshore waters. When possible, the audits must be unannounced. The RSO
or an appropriate company manager must conduct an audit of the job
performance

[[Page 3803]]

of each radiographer and radiographer assistant during an actual
industrial radiographic operation in offshore waters, at intervals not
to exceed 6 months, while there is work being performed under NRC
jurisdiction. The procedure must contain the elements the audit will
review. Records of audits and audit findings shall be maintained for 5
years and made available to the NRC, if requested.
C. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit for NRC review and approval a
procedure for conducting radiography safely in offshore waters. The NRC
will review the submitted procedure to ensure it contains the following
elements:
1. A requirement that the radiography crew must ALWAYS contact the
Accurate NDE RSO or a qualified individual designated by the Accurate
NDE President, before attempting any source retrieval, no matter if the
source is determined to be inside or outside of the guide tube;
2. A requirement to ensure that, ensure that, for crews performing
work in offshore waters, at least one radiographer who is qualified to
perform source retrievals will be assigned to the crew and will be
physically present while radiography is being conducted;
3. A provision that, after contacting the RSO or qualified
individual and obtaining authorization, the radiographer who is
qualified to perform source retrievals, may perform source retrievals
as directed by the RSO or a qualified individual designated by the
Accurate NDE President;
4. A qualification program be provided to train radiographers on
source retrieval. Additionally, a description of some of the general
methods that qualified radiographers may use to perform source
retrievals will be included;
5. A requirement that a checklist be completed, which lists all
equipment that must be taken to jobs in offshore waters, and that the
equipment be functionally checked prior to leaving to perform work in
offshore waters (e.g., survey meters, dosimetry, crank out cables,
security devices);
D. Within 90 days of the issuance date of this Confirmatory Order,
Accurate NDE will develop and submit, for NRC review and approval, a
procedure describing the training that will be conducted for the
Accurate NDE RSO and any other manager designated to be on-call,
providing details on the NRC notification and reporting requirements
contained in 10 CFR 20.2201 and 20.2202, 10 CFR 30.50, and 10 CFR
34.101. The training must be conducted prior to any new individual
assuming duties of the RSO or as manager on-call, and the training must
be conducted within 30 days of NRC approval of the training procedure
for the current RSO and any managers that may be on-call. This training
may be conducted internally, as directed by the Accurate NDE President.
Records of this training will be maintained for 5 years and made
available to the NRC, if requested.
E. Beginning January 1, 2013, Accurate NDE shall submit to the NRC
a copy of each procedure used when performing radiography activities
within NRC jurisdiction, and each procedure used to train personnel who
perform radiography activities within NRC jurisdiction. Starting in
2013, the procedures shall be submitted to the NRC annually by January
31st of each year for 5 years.
F. Accurate NDE shall pay a civil penalty in the amount of
$13,500.00. This civil penalty shall be made in twelve equal payments
of $1,125.00. The first payment shall be made within 30 days of the
issuance date of this Confirmatory Order. The remaining 11 payments
shall be made in equal payments each month thereafter.
G. After Accurate NDE receives the NRC-reviewed and approved
procedures specified in Items B through D, Accurate NDE shall implement
and comply with the approved procedures when performing work under NRC
jurisdiction. The approved procedures, and any subsequent procedural
revisions, will remain binding upon Accurate NDE when performing work
under NRC jurisdiction for a period of 10 years from the issuance date
of this Confirmatory Order.
The Regional Administrator, NRC Region IV, may, in writing, relax
or rescind any of the above conditions upon demonstration by the
Licensee of good cause. The NRC will endeavor to complete all reviews
of submitted procedures, training programs, and other documents in a
timely manner. If the NRC does not approve a required submittal and
Accurate NDE believes that the disapproval is unwarranted, Accurate NDE
may address the disapproval with the Director, Division of Nuclear
Materials Safety, US NRC Region IV.

Any person adversely affected by this Confirmatory Order, other
than the Licensee, 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 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email 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.

[[Page 3804]]

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 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email 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 email 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://ehd1.nrc.gov/ehd/, 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 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 Nuclear Regulatory Commission.

Dated this 19th day of December, 2011.
Elmo E. Collins,
Administrator, NRC Region IV.
[FR Doc. 2012-1502 Filed 1-24-12; 8:45 am]
BILLING CODE 7590-01-P