[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 65019-65023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26204]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0251; Docket: 030-37817; License: 49-29301-01; EA-12-058]


DBI, Inc., Casper, WY; Confirmatory Order Modifying License 
(Effective Immediately)

I

    DBI, Inc. (DBI or Licensee), is the holder of License No. 49-29301-
01 issued by the U.S. Nuclear Regulatory Commission (NRC) pursuant to 
part 34 of Title 10 of the Code of Federal Regulations (10 CFR) on 
August 21, 2008. The license authorizes industrial radiographic 
operations at the licensee's site in Casper, Wyoming and at temporary 
jobsites, in accordance with conditions specified therein.
    This Confirmatory Order (Order) is the result of an agreement 
reached during an alternative dispute resolution (ADR) mediation 
session conducted on September 6, 2012, in Arlington, Texas.

II

    From July 1, 2011, through July 17, 2012, the NRC conducted a 
safety and security inspection of the use of byproduct material for 
industrial radiographic operations conducted under DBI's NRC license. 
On July 25, 2011, the NRC Office of Investigations (OI), Region IV, 
began an investigation (OI Case No. 4-2011-060) to determine if the 
Licensee willfully failed to (1) provide a qualified radiographer to 
observe radiographic operations, and (2) to supervise a radiographer's 
assistant while conducting radiographic operations. The investigation 
by OI was concluded on March 14, 2012. By letter dated August 8, 2012, 
the NRC transmitted the results of the inspection and the investigation 
in NRC Inspection Report 030-37817/2011-001 and Investigation Report 4-
2011-060 (Agencywide Dockets Access and Management System (ADAMS) 
Accession No. ML12221A362). Based on the results of the inspection and 
the evidence developed during the investigation, four apparent 
violations of NRC requirements were identified. The apparent violations 
involved the failure to: (1) Conduct a survey when approaching the 
radiography camera and guide tube; (2) have at least one other 
qualified individual present while performing radiography; (3) 
supervise the assistant radiographer; and (4) provide complete and 
accurate information to the Commission. In addition, the NRC is 
concerned that willfulness may be associated with the apparent failures 
to have at least one other qualified individual present while 
performing radiography, supervise the assistant radiographer, and 
provide complete and accurate information to the Commission.
    By letter dated August 8, 2012, the NRC informed DBI that the NRC 
was considering escalated enforcement for the apparent violations. The 
NRC offered DBI the opportunity to request (1) a predecisional 
enforcement conference, or (2) ADR. In response, on August 15, 2012, 
DBI requested ADR to resolve the matter with the NRC.
    On September 6, 2012, the NRC and DBI representatives 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, DBI 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, associated with the 
apparent violations, that DBI has implemented or plans to implement, 
which include:
     Retraining the radiographer and the radiographer's 
assistant prior to allowing them to conduct radiographic operations.
     Distribution of an email to Operations Managers and 
Assistant Radiation Safety Officers (ARSO) concerning the safety 
violations. A verification sheet for recipients to sign and date, then 
return to the Corporate Radiation Safety Officer (RSO).
     Conducting an internal investigation to determine the root 
cause of the violations.
     Conducting unannounced field audits to help ensure that 
radiographers and assistant radiographers are implementing radiation 
safety requirements.
     Conducting extra (more than required by the NRC) periodic 
unannounced field audits.
     Permanently reassigning two individuals to serve as 
regional RSOs.
     Submitting for publication in an industry periodical, an 
article, from DBI's president documenting DBI's violations and the 
consequences for noncompliance.

[[Page 65020]]

    During the ADR mediation session, an agreement in principle was 
reached in which DBI agreed to take the following additional actions:
    A. DBI will enhance its training program for employees conducting 
radiographic operations (radiography or licensed activities). The goal 
of the changes is to conduct NRC-licensed activities safely and deter 
future deliberate violations by ensuring that employees, including 
company managers, understand the importance the NRC places on 
violations associated with deliberate misconduct and careless 
disregard. The program will consist of training for current employees 
conducting NRC-licensed activities and future employees conducting NRC-
licensed activities. The program will also provide for annual refresher 
training. DBI will complete the following activities in support of the 
training program:
    1. Training Requirements for Current Employees
     Within 30 days of the date of the Confirmatory Order, DBI 
will contract with an external contractor to develop training modules 
on the topics identified in Condition A.3 for its current employees, 
including company managers, who are engaged in NRC-licensed activities.
     At least 15 days before the time that DBI intends to 
execute the contract with the external contractor, DBI will submit, for 
NRC review and approval, the resume of the contractor recommended to 
develop the training modules.
     At least 15 days prior to the start of training, but no 
later than 30 days after executing the contract with the external 
training contractor, DBI will submit, for NRC review and approval, an 
outline of the topics to be covered during the training session(s). The 
training will include the topics identified in Condition A.3.
     The training for current employees will be conducted by 
the contractor and must be completed within 180 days of the NRC's 
approval of the outline of the course topics.
     DBI will assess the effectiveness of the training through 
written testing. Any employee that does not pass the test will receive 
remedial training, and will be retested within 15 days. Within 30 days 
of completing the training for all current employees, DBI will provide 
to the NRC: (1) a letter stating that the training as specified is 
complete, and (2) the results of the employee testing process. The 
letter will be sent to the NRC at: U.S. Nuclear Regulatory Commission, 
Region IV, Director, Division of Nuclear Materials Safety, 1600 East 
Lamar Blvd., Arlington, Texas 76011-4511.
    2. Training for Future Employees and Annual Refresher Training
    Within 270 days of the date of the Confirmatory Order, DBI will 
submit to the NRC for review and approval, the training program and 
associated procedure(s) that describe the initial training which must 
be provided to future 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 
submittal to the NRC will include: (1) An outline of the topics to be 
covered during the initial training and the annual refresher training 
sessions, (2) any procedure(s) that provides guidance on how the 
training program is conducted, (3) the details of the testing that will 
be conducted to evaluate the effectiveness of the training, and (4) the 
minimum qualifications of the trainer. The topics to be covered must 
include the topics discussed in Condition A.3 below.
    3. Training Program Requirements
    The contractor identified in Condition A.1 will also make 
enhancements to DBI's training program. The contractor will modify the 
training procedures for current and future employees, and annual 
refresher training to include the following:
     For current and future employees involved in NRC-licensed 
activities, and annual refresher training, the elements of willfulness 
discussed in Chapter 6 of the NRC Enforcement Manual, including 
examples of willful violations (careless disregard and deliberate 
misconduct), the fact that deliberate violations may be prosecuted 
criminally, the potential enforcement sanctions that the NRC may take 
against individuals who engage in deliberate misconduct (10 CFR 30.10), 
and examples of enforcement actions that the NRC has taken against 
individuals (publicly available on the NRC Web site).
     Training on how to conduct Cause Evaluations of 
radiography events and events involving significant violations. This 
training may be limited to DBI managers identified by the Licensee, who 
would be responsible for investigating and reviewing events and certain 
significant violations.
     For current and future employees involved in NRC-licensed 
activities, and annual refresher training, the requirements of 10 CFR 
30.9, ``Completeness and Accuracy of Information,'' and 10 CFR 30.7, 
``Employee Protection.''
     For current and future employees involved in NRC-licensed 
activities, instruction on the importance of understanding and 
following DBI's internal procedures and the regulatory requirements 
associated with radiographic operations. This instruction must include 
a discussion of past radiography events that have resulted in 
overexposures to individuals and the health effects from these events. 
The instruction must show that DBI's internal procedures and the NRC's 
regulatory requirements are designed to prevent overexposures and the 
associated health effects.
     For current and future employees involved in NRC-licensed 
activities, a discussion on the NRC's Safety Culture Policy Statement, 
and DBI management's support of the policy. DBI will provide a copy of 
NUREG/BR-0500, ``Safety Culture Policy Statement,'' (ADAMS Accession 
No. ML11165A021) to its employees.
     For all current and future employees involved in NRC-
licensed activities, and annual refresher training, the requirements 
to: perform radiological surveys when approaching the radiography 
camera and the guide tube, as required by 10 CFR 34.49(b); have at 
least one other qualified individual present while performing 
radiography, as required by 10 CFR 34.41(a); and ensure that 
radiographers' assistants are properly supervised while performing 
radiographic operations, as required by 10 CFR 34.46(c).
    4. Recordkeeping Requirements
    DBI will maintain training records for 5 years. The records must 
include: the date of training, the name of the instructor, the 
attendees, and the test results. The records will be available for NRC 
review when requested.
    B. Operating and Emergency Procedures
    Within 270 days of the date of the Confirmatory Order, DBI will 
develop and submit to the NRC, for review and approval, a request for a 
license amendment including the following procedures:
    1. A procedure that details how DBI management and the corporate 
RSO will provide oversight of DBI field office(s), including 
unannounced field audits.
    2. A procedure for conducting field audits of radiographic 
operations performed in NRC jurisdiction. In addition to the audit 
requirements in 10 CFR 34.43(e), every radiographer conducting NRC-
licensed activities will be audited, at intervals not to exceed 24 
months, by an individual independent of the field office being audited. 
Audits must, if possible, be unannounced; and must include a review to 
establish that assistant radiographers are properly supervised, at 
least one other qualified individual is present while performing

[[Page 65021]]

radiography, and proper surveys are conducted when an individual 
approaches the radiographic camera and guide tube. Each individual 
involved in NRC-licensed activities must be audited at least three 
times per calendar year.
    3. A procedure which describes DBI's cause evaluation program, 
(e.g. when and how to conduct cause evaluations, the various types of 
cause evaluations, training requirements for individuals performing 
cause evaluations, and how to document cause evaluations).
    4. A procedure to ensure that audit records must be maintained for 
5 years. The audit records will include the following information: the 
date of the audit, the name of the person conducting the audit, the 
name of individuals contacted by auditor, the audit findings, 
corrective actions, and follow-up (if any). The records will be 
available for NRC review when requested.
    C. Within 30 days of the date of the Confirmatory Order, DBI will 
issue a company policy statement to its employees. The Policy Statement 
will provide DBI management's position on the importance of (1) 
maintaining security of licensed material, (2) the ethics of complying 
with regulatory requirements, (3) the awareness that deliberate 
violations are unacceptable, and (4) the need to ensure the primacy of 
safety over competing goals. DBI will provide a copy of its Policy 
Statement to the NRC at: U.S. Nuclear Regulatory Commission, Region IV, 
Director, Division of Nuclear Materials Safety, 1600 East Lamar Blvd., 
Arlington, Texas 76011-4511.
    D. Within 30 days of the date of the Confirmatory Order, DBI must 
pay a civil penalty of $3,500. DBI will pay the civil penalty in 
accordance with NUREG/BR-0254, ``Payment Methods'' and by submitting to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738, with a copy to the Regional Administrator, U.S. Nuclear 
Regulatory Commission, Region IV, a statement indicating when and by 
what method payment was made.
    On October 3, 2012, DBI consented to issuing this Order with the 
commitments, as described in Section V below. DBI further agreed that 
this Order is to be effective upon issuance and that it has waived its 
right to a hearing.

IV

    Since DBI 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 DBI'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 DBI's commitments be confirmed by this Order. Based on the above 
and DBI'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 Parts 20, 30, 34, and 150 it is 
hereby ordered, effective immediately, that:
    A. DBI will enhance its training program for employees conducting 
radiographic operations (radiography or licensed activities). The goal 
of the changes is to conduct NRC-licensed activities safely and deter 
future deliberate violations by ensuring that employees, including 
company managers, understand the importance the NRC places on 
violations associated with deliberate misconduct and careless 
disregard. The program will consist of training for current employees 
conducting NRC-licensed activities and future employees conducting NRC-
licensed activities. The program will also provide for annual refresher 
training. DBI will complete the following activities in support of the 
training program:
    1. Training Requirements for Current Employees
    a. Within 30 days of the date of the Confirmatory Order, DBI will 
contract with an external contractor to develop training modules on the 
topics identified in Condition A.3 for its current employees, including 
company managers, who are involved in NRC-licensed activities.
    b. At least 15 days before the time that DBI intends to execute the 
contract with the external contractor, DBI will submit, for NRC review 
and approval, the resume of the contractor recommended to develop the 
training modules.
    c. At least 15 days prior to the start of training, but no later 
than 30 days after executing the contract with the external training 
contractor, DBI will submit for NRC review and approval, an outline of 
the topics to be covered during the training session(s). The training 
will include the topics identified in Condition A.3.
    d. The training for current employees will be conducted by the 
contractor and must be completed within 180 days of the NRC's approval 
of the outline of the course topics.
    e. DBI will assess the effectiveness of the training through 
written testing. Any employee that does not pass the test will receive 
remedial training, and will be retested within 15 days. Within 30 days 
of completing the training for all current employees, DBI will provide 
to the NRC: (1) A letter stating that the training as specified is 
complete, and (2) the results of the employee testing process. The 
letter will be sent to the NRC at: U.S. Nuclear Regulatory Commission, 
Region IV, Director, Division of Nuclear Materials Safety, 1600 East 
Lamar Blvd., Arlington, Texas 76011-4511.
    2. Training for Future Employees and Annual Refresher Training
    Within 270 days of the date of the Confirmatory Order, DBI will 
submit to the NRC for review and approval, a request for a license 
amendment including the training program and associated procedure(s) 
that describe the initial training which must be provided to future 
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 submittal to the NRC will 
include: (1) An outline of the topics to be covered during the initial 
training and the annual refresher training sessions, (2) any 
procedure(s) that provides guidance on how the training program is 
conducted, (3) the details of the testing that will be conducted to 
evaluate the effectiveness of the training, and (4) the minimum 
qualifications of the trainer. The topics to be covered must include 
the topics discussed in Condition A.3 below.
    3. Training Program Requirements
    The contractor identified in Condition A.1 will also make 
enhancements to DBI's training program. The contractor will modify the 
training procedures to include the following:
    a. For current and future employees involved in NRC-licensed 
activities, initial and annual refresher training on the elements of 
willfulness discussed in the NRC Enforcement Manual, including examples 
of willful violations (careless disregard and deliberate misconduct), 
the fact that deliberate violations may be prosecuted criminally, the 
potential enforcement sanctions that the NRC may take against 
individuals who engage in deliberate misconduct (10 CFR 30.10), and 
examples of enforcement actions that the NRC has taken against 
individuals (publicly available on the NRC Web site).

[[Page 65022]]

    b. Training on how to conduct Cause Evaluations of radiography 
events and events involving significant violations. This training may 
be limited to DBI managers identified by the Licensee, who would be 
responsible for investigating and reviewing events and certain 
significant violations.
    c. For current and future employees involved in NRC-licensed 
activities, initial and annual refresher training on the requirements 
of 10 CFR 30.9, ``Completeness and Accuracy of Information,'' and 10 
CFR 30.7, ``Employee Protection.''
    d. For current and future employees involved in NRC-licensed 
activities, initial and annual refresher training on the importance of 
understanding and following DBI's internal procedures and the 
regulatory requirements associated with radiographic operations. This 
instruction must include a discussion of past radiography events that 
have resulted in overexposures to individuals and the health effects 
from these events. The instruction must show that DBI's internal 
procedures and the NRC's regulatory requirements are designed to 
prevent overexposures and the associated health effects.
    e. For current and future employees involved in NRC-licensed 
activities, initial and annual refresher training on the NRC's Safety 
Culture Policy Statement, and DBI management's support of the policy. 
DBI will provide a copy of NUREG/BR-0500, ``Safety Culture Policy 
Statement,'' (ADAMS Accession No. ML11165A021) to its employees.
    f. For all current and future employees involved in NRC-licensed 
activities, initial and annual refresher training on the requirements 
to: perform radiological surveys when approaching the radiography 
camera and the guide tube, as required by 10 CFR 34.49(b); have at 
least one other qualified individual present while performing 
radiography as required by 10 CFR 34.41(a); and ensure that 
radiographers assistants are properly supervised while conducting 
radiographic operations, as required by 10 CFR 34.46(c).
    4. Recordkeeping Requirements:
    DBI must maintain training records for 5 years. The records must 
include: the date of training, the name of the instructor, the 
attendees, and the test results. The records will be available for NRC 
review when requested.
    B. Revise Operating and Emergency Procedures:
    Within 270 days of the date of the Confirmatory Order, DBI will 
develop and submit to the NRC, for review and approval, a request for a 
license amendment including the following procedures:
    1. A procedure that details how DBI management and the corporate 
RSO will provide oversight of DBI field office(s), including 
unannounced field audits.
    2. A procedure for conducting field audits of radiographic 
operations performed in NRC jurisdiction. In addition to the audit 
requirements in 10 CFR 34.43(e), every radiographer conducting NRC-
licensed activities will be audited, at intervals not to exceed 24 
months, by an individual independent of the field office being audited. 
Audits must, if possible, be unannounced; and must include a review to 
establish that assistant radiographers are properly supervised, at 
least one other qualified individual present while performing 
radiography, and proper surveys are conducted when an individual 
approaches the radiographic camera and guide tube. Each individual 
involved in NRC-licensed activities must be audited at least three 
times per calendar year.
    3. A procedure which describes DBI's cause evaluation program, 
(e.g. when and how to conduct cause evaluations, the various types of 
cause evaluations, training requirements for individuals performing 
cause evaluations, and how to document cause evaluations).
    4. A procedure to ensure that audit records must be maintained for 
5 years. The audit records will include the following information: the 
date of the audit, the name of the person conducting the audit, the 
name of individuals contacted by auditor, the audit findings, the 
corrective actions, and the follow-up (if any). The records will be 
available for NRC review when requested.
    C. Within 30 days of the date of the Confirmatory Order, DBI will 
issue a company policy statement to its employees. The Policy Statement 
will provide DBI management's position on the importance of (1) 
maintaining security of NRC-licensed material, (2) the ethics of 
complying with regulatory requirements, (3) the awareness that 
deliberate violations are unacceptable, and (4) the need to ensure the 
primacy of safety over competing goals. DBI will provide a copy of its 
Policy Statement to the NRC at: U.S. Nuclear Regulatory Commission, 
Region IV, Director, Division of Nuclear Materials Safety, 1600 East 
Lamar Blvd., Arlington, Texas 76011-4511.
    D. Within 30 days of the date of the Confirmatory Order, DBI must 
pay a civil penalty of $3,500. DBI will pay the civil penalty in 
accordance with NUREG/BR-0254, ``Payment Methods'' and by submitting to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738, with a copy to the Regional Administrator, U.S. Nuclear 
Regulatory Commission, Region IV, a statement indicating when and by 
what method payment was made.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by DBI of good 
cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than DBI, 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 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

[[Page 65023]]

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 NRC'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 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 NRC'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 public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call to 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 the 
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 DBI) 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 11th day of October 2012.
Elmo E. Collins,
Regional Administrator, NRC Region IV.
[FR Doc. 2012-26204 Filed 10-23-12; 8:45 am]
BILLING CODE 7590-01-P