[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44208-44213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17873]
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NUCLEAR REGULATORY COMMISSION
[EA-14-013; NRC-2014-0175]
In the Matter of Entergy Nuclear Operations
AGENCY: Nuclear Regulatory Commission
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
confirmatory order to Entergy Nuclear Operations, Inc., confirming
agreements reached in an Alternative Dispute Resolution session held on
May 15, 2014. As part of the agreement, Entergy will take actions to
verify security staff and management training credentials,
[[Page 44209]]
strengthen its safety culture, present the issue at industry meetings,
set standards for security senior management and perform an independent
effectiveness review. Entergy is also required to notify the NRC
periodically of the status of its efforts.
DATES: Issue Date: July 21, 2014.
ADDRESSES: Please refer to Docket ID NRC-2014-0175 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0175. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For questions about this Order,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Patricia Lougheed, Region III, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
630-810-4376, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois, this 21st day of July 2014.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment--CONFIRMATORY ORDER MODIFYING LICENSE
NUCLEAR REGULATORY COMMISSION
In the Matter of: Entergy Nuclear Operations, Inc., Palisades
Nuclear Plant, Docket No. 05000255, License No. DPR-20, EA-14-013.
CONFIRMATORY ORDER MODIFYING LICENSE
I
Entergy Nuclear Operations, Inc., (Licensee or Entergy) is the
holder of Reactor Operating License No. DPR-20 issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10
of the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971,
and renewed on January 17, 2007. The license authorizes the operation
of the Palisades Nuclear 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 15, 2014.
II
On May 10, 2013, the NRC Office of Investigations (OI), Region III
Field Office initiated an investigation to determine whether employees
at the Palisades Nuclear Plant (Palisades) willfully failed to follow
the security plan requirements, when a security manager assigned a
security operations supervisor to perform duties without confirming
whether the supervisor had the appropriate qualifications. The
investigation also assessed whether the security operations supervisor
assumed those duties as requested. The investigation was completed on
January 9, 2014, and was documented in OI Report No. 3-2013-018. The
investigation concluded that both the security manager and the security
operations supervisor willfully violated 10 CFR Part 73, Appendix B, II
B., ``Qualification Requirements'' and Palisades Security Plan Section
3.1.
Specifically, in mid-December 2012, a supervisory security
individual at Palisades requested leave for Christmas Eve. In order to
grant at least part of the individual's request, a security manager
requested a security operations supervisor to fill two hours of the
individual's shift. At multiple times during the conversation, the
security operations supervisor informed the security manager that his
technical supervisory qualifications were not completed. The security
manager acknowledged that he was aware that the security operations
supervisor's qualifications were not completed. However, the security
manager stated that he believed that only meant the security operations
supervisor was not qualified to perform one particular job function,
and he stated that the security operations supervisor would not need to
perform that job function during the two hours where he would be
filling in for the other supervisor. Neither the security manager nor
the security operations supervisor verified the qualifications for the
position despite a site requirement to check qualifications before
assigning or assuming posts. The security manager stated that he did
not review the security plan or check with anyone on the security
operations supervisor's qualifications until the end of April after two
condition reports were written questioning the decision. The security
operations supervisor stated that he relied upon what the security
manager told him, as to why it was acceptable to assume the post. The
security operations supervisor also said that he was not challenged on
his qualifications prior to assuming the post, although that was a
routine practice.
Both the security manager and the security operations supervisor
failed to verify the security operations supervisor's qualification for
a position prior to having him assume that position for two hours on
December 24, 2012. The NRC determined that this was a violation of 10
CFR Part 73, Appendix B, II B., ``Qualification Requirements'' and
Palisades Security Plan Section 3.1. Specifically, 10 CFR Part 73,
Appendix B, II B., ``Qualification Requirements'' requires that each
person who performs security-related job tasks or job duties required
to implement the licensee physical security or contingency plan shall,
prior to being assigned to duties, be qualified in accordance with the
licensee's NRC-approved training and qualifications plan.
Section 3.1 of the Palisades Nuclear Plant Physical Security Plan,
Appendix B, Revision 14, required, in part, that each individual
assigned duties and responsibilities identified in the security plans,
licensee protective strategy, and implementing procedures must before
assignment: (1) Be trained and qualified to perform assigned duties and
responsibilities in accordance with the requirements of the training
and qualification plan; (2) meet the minimum qualification requirements
of the training and qualification plan; and
[[Page 44210]]
(3) be trained and qualified in the use of all equipment or devices
required to effectively perform all assigned duties and
responsibilities.
On May 15, 2014, Entergy and the NRC 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, Entergy requested use of the NRC
ADR process to resolve differences it had with the NRC. During the ADR
session held on May 15, 2014, a preliminary settlement agreement was
reached. The elements of the agreement, as signed by both parties,
consisted of the following:
A. Verification of Training Credentials for Both Staff and
Management:
A.1 Conduct fleet-wide review of qualifications of each duty
position in security to ensure that the qualifications for each
position are clear and verifiable by all parties (security officers,
security supervisors, and security manager). The initial review and
applicable procedure revisions shall be completed by November 30, 2014.
A.2 Verify and modify, if necessary, the applicable security
procedure to ensure that both assignor and assignee validate
qualifications before the assignee performs a duty position. This shall
be completed by November 30, 2014.
A.3 Following completion of A.1 and A.2, training will be conducted
on the changes. This shall be completed by June 30, 2015.
B. Strengthen Safety Culture: (1) Leadership, Safety Values, &
Actions; (2) Problem Identification & Resolution; (3) Personal
Accountability; (4) Work Processes; (5) Environment for Raising
Concerns; and (6) Questioning Attitude & Proceeding In the Face of
Uncertainty:
B.1 As part of its Security Safety Conscious Work Environment
(SCWE) Action Plan, Entergy has completed the following actions at
Palisades:
Each Security Shift Supervisor has signed and posted a
SCWE Commitment letter. (Completed March 6, 2014)
Security management conducted refresher training for each
security shift emphasizing the reporting of concerns, the drafting of
Condition Reports (CRs), the Corrective Action Program (CAP), and the
expectation of feedback on CRs. (Completed February 24, 2014)
A volunteer from each security team was assigned as an
ombudsman to provide security department members with a readily
available and familiar person to whom they can raise concerns. Security
management briefed the department on the new security ombudsman program
and related activities. (Completed March 31, 2014)
The Director, Regulatory & Performance Improvement,
developed a security department ``dashboard'' of SCWE-related
indicators, such as, CAP usage, the number and content of anonymous
CRs, CAP backlog, average age of open CRs, employee concern program
(ECP) usage, on-site NRC allegations, and security equipment status.
(Completed March 7, 2014)
B.2 As part of its SCWE Action Plan, Entergy has committed to the
following actions at Palisades. These actions are hereby incorporated
into the Confirmatory Order:
Through June 30, 2016, the Palisades Security Manager
shall meet quarterly (during the calendar quarter, allowing for one
month grace period) with each security team: (a) To reinforce the
importance of a healthy SCWE and management's intolerance for
retaliation, and (b) to discuss security concerns and issue resolution.
Through June 30, 2016, security management shall maintain
and update a ``Security Top 10 Issues'' board to reflect, among other
things, the expected issues resolution dates.
B.3 Revise procedure EN-LI-102 to ensure that the Condition Review
Group (CRG) chair considers whether the person assigned is sufficiently
independent. This applies to condition reports that have challenges to
a decision or a resolution that is highly dependent on a single
individual. A ``read and sign'' will be provided to each CRG chair to
inform them of the procedure revision. The procedure will be revised by
November 30, 2014, and the ``read and sign'' training will be completed
by January 31, 2015.
B.4.a Conduct a case study for supervisors and above throughout the
fleet that highlights safety culture aspects of the event: Questioning
attitude, proceeding in the face of uncertainty, procedure compliance,
and responsiveness to employee concerns. The case study will be
developed and conducted by June 30, 2015.
B.4.b Discuss the safety culture aspects of the issue with Entergy
and long-term contract staff at three monthly tailgate meetings. The
tailgate meetings shall include employee rights, licensee expectations
with respect to raising issues, methods to raise issues, and the right
to contact the NRC. The action will be completed by December 31, 2014.
C. Recognition by the Reactor Community:
C.1 Entergy Fleet Director of Nuclear Security shall make a
presentation to an industry security working group on this event. The
licensee will provide the NRC an opportunity to review the
presentation. This shall be accomplished by December 31, 2014.
C.2 Entergy shall make a related presentation at a broad industry
meeting(s) that covers all four regions beyond security organizations.
This shall be accomplished by June 30, 2015.
D. Setting Standards for Security Senior Management:
Entergy shall revise EN-FAP-HR-006 to include specific requirements
for Security Manager selection and development. This shall be
accomplished by December 31, 2014.
E. Effectiveness Review:
Entergy shall arrange for an independent effectiveness review of
the actions discussed in sections A and B. The review will be conducted
no earlier than one year, but less than two years, from the issuance
date of the Confirmatory Order.
F. Notification of NRC When Actions Are Completed:
F.1. Unless otherwise specified, Entergy will submit written
notification by letter to the NRC staff, specifically, the Director,
Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at
intervals of six months, one year, and annually thereafter until the
terms of the Confirmatory Order are completed, providing a status of
each item in the Confirmatory Order.
F.2. Upon completion of all terms of the Confirmatory Order,
Entergy will provide the NRC with a letter discussing its basis for
concluding that the Order has been satisfied.
G. Administrative Items:
G.1 The NRC and Entergy agree that the issues described above
resulted in an individual inappropriately holding a position for which
he was not qualified, contrary to the requirements of 10 CFR Part 73,
Appendix B, II B., ``Qualification Requirements'' and the Palisades
Security Plan. Entergy does not agree that the violation was committed
willfully, and on this point, the parties agree to disagree.
G.2 The NRC will issue a green finding with a cross-cutting aspect
in the area of H.13, ``Consistent Process,'' but in consideration of
the commitments delineated above, the NRC agrees to refrain from
issuing a Notice of Violation or proposing a civil penalty for all
matters discussed in the
[[Page 44211]]
NRC's letter of March 25, 2014 (EA-14-013).
G.3 The NRC considers the corrective actions and enhancements
discussed above to be appropriately prompt and comprehensive to address
the causes which gave rise to the incident discussed in the NRC's
letter of March 25, 2014 (EA-14-013).
G.4 The NRC will consider the Confirmatory Order as an escalated
enforcement action.
G.5 This agreement is binding upon successors and assigns of
Entergy.
On July 14, 2014, Entergy consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. Entergy
further agreed that this Confirmatory Order is to be effective 30 days
after issuance of the Confirmatory Order 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 Section III above, the NRC has concluded
that its concerns can be resolved through issuance of this Confirmatory
Order.
I find that Entergy'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
Entergy's commitments be confirmed by this Confirmatory Order. Based on
the above and Entergy's consent, this Confirmatory Order is effective
30 days after issuance of the Confirmatory Order.
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
THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT PALISADES NUCLEAR
PLANT AND OTHER NUCLEAR PLANTS IN ENTERGY'S FLEET AND THAT LICENSE NO.
DPR-20 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE ACTIONS TO BE TAKEN
AT THE PALISADES NUCLEAR PLANT:
A. Verification of Training Credentials for both Staff and
Management:
A.1 Conduct fleet-wide review of qualifications of each duty
position in security to ensure that the qualifications for each
position are clear and verifiable by all parties (security officers,
security supervisors, and security manager). The initial review and
applicable procedure revisions shall be completed by November 30, 2014.
A.2 Verify and modify, if necessary, the applicable security
procedure to ensure that both assignor and assignee validate
qualifications before the assignee performs a duty position. This shall
be completed by November 30, 2014.
A.3 Following completion of A.1 and A.2, training will be conducted
on the changes. This shall be completed by June 30, 2015.
B. Strengthen Safety Culture:
B.1 Through June 30, 2016, the Palisades Security Manager shall
meet quarterly (during the calendar quarter, allowing for one month
grace period) with each security team: (a) to reinforce the importance
of a healthy SCWE and management's intolerance for retaliation, and (b)
to discuss security concerns and issue resolution.
B.2 Through June 30, 2016, Palisades security management shall
maintain and update a ``Security Top 10 Issues'' board to reflect,
among other things, the expected issues resolution dates.
B.3 Discuss the safety culture aspects of the event with Palisades
Nuclear Plant staff, including long-term contract staff, in three
monthly tailgate meetings. The tailgate meetings shall include employee
rights, licensee expectations with respect to raising issues, methods
to raise issues, and the right to contact the NRC. The tailgate
meetings will be completed by December 31, 2014.
B.4 Revise procedure EN-LI-102 to ensure that the Condition Review
Group (CRG) chair considers whether the person assigned is sufficiently
independent. This applies to condition reports that have challenges to
a decision or a resolution that is highly dependent on a single
individual. A ``read and sign'' will be provided to each Entergy
(fleet-wide) CRG chair to inform them of the procedure revision. The
procedure will be revised by November 30, 2014, and the ``read and
sign'' training will be completed by January 31, 2015.
B.5 Conduct a case study for supervisors and above throughout the
Entergy fleet that highlights safety culture aspects of the event:
questioning attitude, proceeding in the face of uncertainty, procedure
compliance, and responsiveness to employee concerns. The case study
will be developed and conducted by June 30, 2015.
C. Recognition by the Reactor Community:
C.1 Entergy Fleet Director of Nuclear Security shall make a
presentation to an industry security working group on this event. The
licensee will provide the NRC an opportunity to review the
presentation. The presentation shall be accomplished by December 31,
2014.
C.2 Entergy shall make a related presentation at a broad industry
meeting aimed at an audience beyond the security organizations and
covering all four NRC regions. It is acceptable to make the
presentation at multiple meetings, if deemed necessary to reach the
desired audience. The presentations shall be accomplished by June 30,
2015.
D. Setting Standards for Security Senior Management:
Entergy shall revise procedure EN-FAP-HR-006 to include specific
requirements for Security Manager selection and development. This shall
be accomplished by December 31, 2014.
E. Effectiveness Review:
Entergy shall arrange for an independent effectiveness review of
the actions discussed in sections A and B. The review will be conducted
no earlier than one year, but less than two years, from the issuance
date of the Confirmatory Order.
F. Notification of NRC When Actions Are Completed:
F.1. Unless otherwise specified, Entergy will submit written
notification by letter to the NRC staff, specifically, the Director,
Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at
intervals of six months, one year, and annually thereafter until the
terms of the Confirmatory Order are completed, providing a status of
each item in the Confirmatory Order.
F.2. Upon completion of all terms of the Confirmatory Order,
Entergy will provide the NRC with a letter discussing its basis for
concluding that the Order has been satisfied.
The Regional Administrator, Region III, may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Entergy Nuclear Operations, Inc., may request a hearing within 30
days of the issuance date of this Confirmatory Order. 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 directed to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
and include a statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other
[[Page 44212]]
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's E-Filing rule (72 FR 49139; August
28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified in
pertinent part at 10 CFR Part 2, Subpart C). 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 (1) request 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/getting-started.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 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 through the EIE. 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 (ET) 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,
any others who wish to participate in the proceeding (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 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 8:00 a.m. and 8:00 p.m.,
ET, 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, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and would constitute
a Fair Use application.
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 a separate Order designating the
time and place of any hearings, as appropriate. 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 IV above shall be effective and final 30 days
after issuance of the Confirmatory Order without further order or
proceedings. If an extension of time for requesting a hearing has been
[[Page 44213]]
approved, the provisions specified in Section V shall be final when the
extension expires if a hearing request has not been received.
Dated at Lisle, Illinois this 21st day of July 2014.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
[FR Doc. 2014-17873 Filed 7-29-14; 8:45 am]
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