[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Notices]
[Pages 40914-40916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16908]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0164; Docket Nos. 50-315; 50-316; License Nos. DPR-58; DPR-74 
EA-12-005]


In the Matter of Indiana Michigan Power Company, D. C. Cook 
Nuclear Power Plant; Confirmatory Order Modifying License (Effective 
Immediately)

I

    Indiana Michigan Power Company (Licensee) is the holder of Reactor 
Operating License Nos. DPR-58 and DPR-74 issued by the U.S. Nuclear 
Regulatory Commission (NRC or the Commission) pursuant to Title 10 of 
the Code of Federal Regulations (10 CFR) part 50, on October 25, 1974, 
for Unit 1 and on December 23, 1977, for Unit 2. Both licenses were 
renewed on August 30, 2005. The licenses authorize the operation of the 
D. C. Cook Nuclear Power Plant in accordance with conditions specified 
therein.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on May 23, 2012.

II

    On June 1, 2011, the NRC Office of Investigations (OI) began an 
investigation (OI Report No. 3-2011-011) at the D. C. Cook Nuclear 
Power Plant. Based on the evidence developed during its investigation, 
the NRC identified one apparent violation of NRC requirements in 10 CFR 
Part 26, Sections 4(b) and 31(d)(2)(v) by failing to ensure that an 
individual, who was offsite when selected for Fitness-for-Duty (FFD) 
testing, was tested at the earliest reasonable and practical 
opportunity when both the donor and collectors were available. The 
results of the investigation, completed on December 28, 2011, were sent 
to Indiana Michigan Power Company in a letter dated March 6, 2012.
    On May 23, 2012, the NRC and Indiana Michigan Power Company met in 
an ADR session mediated by a professional mediator, 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 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, Indiana Michigan Power Company 
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:
    1. The licensee has stated that it has completed the following 
actions, which will be acknowledged in the Confirmatory Order (CO):
    a. Benchmarked nine different nuclear utilities for firm definition 
of ``available'' in regard to random drug testing;
    b. Conducted unannounced FFD testing of the high level individual, 
who was not tested on May 3, 2011;
    c. Revised site procedure SPP-2060-SFI-411, ``Fitness-for-Duty 
(FFD) Random Selection and Notification Process,'' to include a 
definition of ``available'' for testing as it relates to the FFD random 
testing process based on the benchmarking results;
    d. Performed a gap analysis and revised the FFD collector training 
material;
    e. Briefed the FFD collectors on the changes to the training 
material; and
    f. Reviewed and revised all FFD program implementing procedures to

[[Page 40915]]

ensure they contain the level of detail necessary for the least-
experienced FFD staff member to successfully complete their tasks.
    2. Within 90 days of the effective date of the CO, Indiana Michigan 
Power Company will develop a lessons-learned presentation of the events 
that gave rise to the CO, which highlights not only the particular 
events but also the broader case of ensuring that procedural and 
regulatory requirements are met in the face of challenges to expedite 
plant processes arising from pressures due to organizational structure 
and time constraints. Indiana Michigan Power Company will make the 
presentation materials available to the onsite NRC resident inspectors. 
Indiana Michigan Power Company will present these lessons learned 
within 180 days to all available first-line supervisors and above at 
the D. C. Cook Nuclear Power Plant. Plant supervisors who may not be 
available at the time of the presentation(s) will review the 
presentation materials and acknowledge (e.g., by signature) the review 
of the materials.
    3. Within 365 days of the effective date of the CO, Indiana 
Michigan Power Company will develop and make a presentation based on 
the facts and lessons learned from the events that gave rise to the CO. 
The presentation will highlight not only the particular events but also 
the broader case of ensuring that procedural and regulatory 
requirements are met in the face of challenges to expedite plant 
processes arising from pressures due to organizational structure and 
time constraints. Indiana Michigan Power Company will make this 
presentation at an industry FFD forum and a broader industry forum, 
such that industry personnel in all four NRC regions would have the 
opportunity to receive the material. Indiana Michigan Power Company 
will make the presentation materials available to the onsite NRC 
resident inspectors.
    4. Indiana Michigan Power Company will inform the NRC Regional 
Administrator, Region III, in writing within 30 days of the completion 
of all of the actions described in the CO.
    5. The NRC will describe the violation in the CO without a severity 
level. The NRC will not issue a separate Notice of Violation or a civil 
penalty. The NRC will close the currently open unresolved item (URI 
05000315/2011404-01; URI 05000316/2011404-01) with a green finding 
without any further enforcement.
    6. The NRC agrees not to pursue any further enforcement action in 
connection with the NRC's March 6, 2012, letter to Indiana Michigan 
Power Company. This does not prohibit NRC from taking enforcement 
action in accordance with the NRC Enforcement Policy if Indiana 
Michigan Power Company commits a similar violation in the future or 
fails to meet the terms of the CO.
    On June 18, 2012, the Licensee consented to issuing this Order with 
the commitments, as described in Section V below. Indiana Michigan 
Power Company further agreed that this 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 CO.
    I find that the Indiana Michigan Power Company'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 Indiana Michigan Power Company commitments be 
confirmed by this Order. Based on the above and Indiana Michigan Power 
Company's consent, this CO is immediately effective upon issuance.

V

    Accordingly, pursuant to Sections 104b, 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 50, it is hereby ordered, 
effective immediately, that License Nos. DPR-58 and DPR-74 are modified 
as follows:
    1. Within 90 days of the effective date of the CO, Indiana Michigan 
Power Company will develop a lessons-learned presentation of the events 
that gave rise to the CO, which highlights not only the particular 
events but also the broader case of ensuring that procedural and 
regulatory requirements are met in the face of challenges to expedite 
plant processes arising from pressures due to organizational structure 
and time constraints. Indiana Michigan Power Company will make the 
presentation materials available to the onsite NRC resident inspectors. 
Indiana Michigan Power Company will present these lessons learned 
within 180 days of the effective date of the CO to all available first-
line supervisors and above at the D. C. Cook Nuclear Power Plant. Plant 
supervisors who may not be available at the time of the presentation(s) 
will review the presentation materials and acknowledge (e.g., by 
signature) the review of the materials.
    2. Within 365 days of the effective date of the CO, Indiana 
Michigan Power Company will develop and make a presentation based on 
the facts and lessons learned from the events that gave rise to the CO. 
The presentation will highlight not only the particular events but also 
the broader case of ensuring that procedural and regulatory 
requirements are met in the face of challenges to expedite plant 
processes arising from pressures due to organizational structure and 
time constraints. Indiana Michigan Power Company will make this 
presentation at an industry FFD forum and a broader industry forum, 
such that industry personnel in all four NRC regions would have the 
opportunity to receive the material. Indiana Michigan Power Company 
will make the presentation materials available to the onsite NRC 
resident inspectors.
    3. Indiana Michigan Power Company will inform the NRC Regional 
Administrator, Region III, in writing within 30 days of the completion 
of all of the actions described in the CO.
    The Regional Administrator, Region III, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Indiana 
Michigan Power Company of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Indiana Michigan Power Company, 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 20555-0001, and include a statement of good cause for 
the extension.
    All documents filed in the 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

[[Page 40916]]

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 email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (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 the 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 the 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 System, 
users will be required to install a Web browser plug-in from the NRC's 
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 the NRC guidance 
available on the NRC's 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's 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's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at 1-866-672-7640. 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://adams.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 Indiana Michigan Power Company) requests a 
hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this CO 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 CO 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.

    Dated this 28th day of June 2012.

    For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Deputy Regional Administrator, Region III.
[FR Doc. 2012-16908 Filed 7-10-12; 8:45 am]
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