[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41599-41605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15143]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-36619; EA-14-080; NRC-2016-0125]


In the Matter of CampCo, Inc.

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 (Order) to CampCo,

[[Page 41600]]

Inc. (CampCo), to memorialize the agreements reached during an 
alternative dispute resolution mediation session held on March 22, 
2016. This Order will resolve the issues that were identified during an 
NRC investigation and records inspection related to CampCo's import and 
distribution of watches containing radioactive material. This Order is 
effective upon its issuance.

DATES: Effective Date: The confirmatory order became effective on June 
20, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0125 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0125. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     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: Susanne Woods, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; 
telephone: 301-415-2740, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 20th day of June 2016.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.

UNITED STATES OF AMERICA, NUCLEAR REGULATORY COMMISSION

In the Matter of CampCo, Inc., Los Angeles, California
Docket No. 030-36619
License No. 04-23910-01E
EA-14-080

Confirmatory Order Modifying License

I

    CampCo, Inc., (CampCo or Licensee) is the holder of Materials 
License No. 04-23910-01E issued on October 2, 2014, by the U.S. Nuclear 
Regulatory Commission (NRC) pursuant to Part 30 of title 10 of the Code 
of Federal Regulations (10 CFR). The license authorizes CampCo to 
distribute watches containing byproduct material (tritium, hydrogen-3) 
to persons exempt from the regulations. The facility is located on the 
Licensee's site in Los Angeles, California.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on March 22, 2016.

II

    The NRC Office of Investigations (OI) conducted investigations in 
2013 and 2014 (OI case number report 3-2013-021 and the supplemental 
report) related to apparent violations by CampCo regarding the 
distribution of watches containing byproduct material (hydrogen-3) 
without the required licensing authorization.
    On July 7, 2015, the NRC issued a letter to CampCo that detailed 
the results of the investigation and outlined four apparent violations. 
The apparent violations involved:
    (1) Distributing watches containing tritium (hydrogen-3) without 
(a) obtaining NRC approval of an amendment for the CampCo's existing 
license, or (b) obtaining a separate exempt distribution license for 
these watches, prior to transferring the watches containing byproduct 
material to unlicensed persons; (2) failing to submit timely required 
annual reports to the NRC, as required by 10 CFR 32.16(c)(1); (3) 
failing to provide required information in the annual reports, when the 
reports were provided upon NRC request; and (4) failing to provide 
certificates, required by the CampCo license, with each lot 
distributed.
    The failure to either comply with license requirements or obtain a 
license for the distribution of these watches prior to distributing 
these products is significant because it resulted in the NRC not being 
able to conduct its regulatory responsibilities to ensure that the 
products were safe for distribution to members of the general public. 
The requirements in 10 CFR 30.3(a) provide reasonable assurance that 
the transfers and the products intended for use by persons exempt from 
the regulations meet the applicable requirements. The failure to submit 
complete and timely required annual reports is significant because it 
inhibits the process of regulatory oversight. The information in these 
reports is necessary for the NRC to evaluate potential doses to the 
public and impact to the environment from the collective dose due to 
multiple sources. The failure to ensure that each lot of tritium 
timepieces received is accompanied by the required certificates is 
significant because these certificates are necessary to ensure and 
document that the watches distributed were manufactured properly and 
meet the regulatory requirements for distribution to persons exempt 
from the regulations.
    In the July 7, 2015, letter, the NRC offered CampCo the choice to: 
(1) Request a Pre-decisional Enforcement Conference (PEC); or (2) 
request ADR. CampCo chose a PEC. CampCo and NRC conducted a PEC on 
August 31, 2015.
    On December 10, 2015, the NRC issued a Notice of Violation (NOV) 
and proposed $28,000 civil penalty to CampCo. In the letter 
transmitting the NOV and proposed civil penalty, the NRC offered CampCo 
the choice to: (1) Pay the proposed civil penalty and respond in 
writing to two of the four violations, within 30 days of the date of 
the letter; or (2) request ADR. CampCo chose ADR.
    The NRC determined CampCo actions regarding the first two 
violations identified in the NOV to be willful. The finding of 
willfulness in this case was not based on a finding that CampCo 
deliberately intended to violate NRC requirements, but rather on 
CampCo's careless disregard in failing to pursue necessary actions to 
ensure CampCo's compliance.
    For all four violations identified in the NOV, the NRC considered 
whether corrective actions were taken to restore and maintain 
compliance. CampCo's corrective actions included submitting an 
application and receiving NRC license approval for exempt-distribution 
of the subject timepieces and submitting annual reports identified by 
NRC. Based on its assessment of CampCo's corrective actions, the NRC 
determined that CampCo took adequate corrective action for Violations 1 
and 2. However, for Violations 3 and 4, corrective actions

[[Page 41601]]

were not adequate. Since there was not sufficient information regarding 
the corrective actions for Violations 3 and 4, CampCo was required to 
respond to the NOV for Violations 3 and 4 in order to address 
corrective actions.
    In response to the NRC's December 10, 2015, letter and NOV, CampCo 
requested ADR. On March 22, 2016, CampCo and the NRC met in an ADR 
session mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution. The ADR process is one 
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

    During the ADR session, CampCo and the NRC reached a preliminary 
settlement agreement. The elements of the agreement included corrective 
actions that CampCo stated were completed as described below and agreed 
to future actions as follows:
Completed Corrective Actions
    1. CampCo submitted an application and received an NRC license 
approval for exempt distribution of the subject timepieces.
    2. CampCo provided annual reports to NRC for calendar years 2010 
through 2015 and on February 4, 2016, provided an updated annual report 
for calendar year 2015 that contained all the information specified by 
the requirements.
Future CampCo Actions
Communications
    1. The President of CampCo will submit an article via social media 
outlets (e.g., Facebook, Twitter) to consumers of tritium watches.
    a. Within 6 months, the President of CampCo will submit a draft of 
the article to NRC for review and approval.
    b. The article will summarize the existence of NRC and Agreement 
State requirements for watches containing tritium, emphasize the 
importance of compliance with NRC and Agreement State requirements, and 
raise awareness of a potential consumer safety hazard for non-compliant 
watches.
    c. Within 15 calendar days of receipt, NRC will approve or provide 
comments to CampCo.
    d. CampCo will incorporate any NRC comments.
    e. For further iterations, CampCo will provide updated versions and 
NRC will provide comments or approval within 15 calendar days of 
receipt.
    f. Within 15 calendar days of NRC approval, CampCo will circulate 
the article via social media outlets (e.g., Facebook, Twitter) to 
consumers of tritium watches.
    2. The President of CampCo will send written notification to watch 
manufacturers and assemblers in China, and other international 
locations as identified by CampCo.
    a. Within 6 months, the President of CampCo will submit a draft of 
the notification to NRC for review and approval, and will submit to NRC 
a list of proposed recipients.
    b. The notification will summarize the violations issued to CampCo, 
the existence of NRC requirements for watches containing tritium, the 
existence of an Agreement State program, and the importance of 
compliance with NRC and Agreement State requirements.
    c. Within 15 calendar days of receipt, NRC will approve or provide 
comments on the notification to CampCo.
    d. CampCo will incorporate any NRC comments.
    e. For further iterations, CampCo will provide updated versions and 
NRC will provide comments or approval within 15 calendar days of 
receipt.
    f. Within 15 calendar days of NRC approval, CampCo will send 
written notification to watch manufacturers and assemblers in China, 
and other international locations as identified by CampCo.
    3. The President of CampCo will submit an article for industry 
publication.
    a. Within 1 year, the President of CampCo will submit a draft of 
the article to NRC for review and approval, and will submit to NRC a 
list of proposed recipients.
    b. The article will summarize the existence of NRC and Agreement 
State requirements for watches containing tritium and emphasize the 
importance of compliance with NRC and Agreement State requirements.
    c. Within 15 calendar days of receipt, NRC will approve or provide 
comments on the article to CampCo.
    d. CampCo will incorporate any NRC comments.
    e. For further iterations, CampCo will provide updated versions and 
NRC will provide comments or approval within 15 calendar days of 
receipt.
    f. Within 15 calendar days of NRC approval, CampCo will submit an 
article for industry publication.
Training
    4. Within 60 calendar days, the President of CampCo will hold 
meetings with key employees to outline the NRC requirements, and to 
emphasize and reinforce NRC and Agreement State compliance 
expectations.
    a. Key employees will include those employees who are responsible 
for the sale and distribution of tritium watches and compliance with 
the requirements (e.g., management, purchasing, sales and marketing, 
and logistics).
    b. CampCo will maintain written documentation of attendance 
demonstrating that each key employee has attended.
    5. Within 60 calendar days, the President of CampCo will hold 
meetings company-wide regarding general awareness of requirements and 
reinforcing NRC and Agreement State compliance expectations. CampCo 
will maintain written documentation of attendance, demonstrating that 
all employees have attended a meeting.
    6. CampCo will engage a third party independent consultant to 
provide initial training to key employees on NRC compliance 
responsibilities for exempt distribution licenses, as well as the 
specific requirements and obligations associated with CampCo's NRC 
license.
    a. Key employees will include those employees who are responsible 
for the sale and distribution of tritium watches and compliance with 
the requirements (e.g., management, purchasing, sales and marketing, 
and logistics).
    b. Within 9 months, CampCo will submit a draft of the training 
content to NRC for review and approval.
    c. The training will address NRC compliance responsibilities for 
exempt distribution licenses per the regulations, the specific 
requirements and obligations associated with CampCo's NRC license, 
importance of compliance with NRC and Agreement State requirements, and 
any applicable CampCo procedures.
    d. Within 30 calendar days of receipt, NRC will approve or provide 
comments on the draft of the training content related to NRC licensed 
activities to CampCo.
    e. CampCo will incorporate any NRC comments.
    f. For further iterations, CampCo will provide updated versions and 
NRC will provide comments or approval within 15 calendar days of 
receipt.
    g. Within 90 calendar days of NRC approval, CampCo will complete 
the training for key employees.
    h. CampCo will maintain written documentation of attendance 
demonstrating that each key employee has received training.
    7. CampCo will provide annual refresher training for key employees 
on

[[Page 41602]]

NRC compliance responsibilities for exempt distribution licenses, as 
well as the specific requirements and obligations associated with 
CampCo's NRC license.
    a. This training will be based on the initial training provided by 
the consultant, and will incorporate any changes in the regulations 
and/or license that occur after approval of the initial training.
    b. This may be accomplished as a read-and-sign.
    c. CampCo will maintain written documentation of completion.
    8. CampCo will provide initial training for new key employees on 
NRC compliance responsibilities for exempt distribution licenses, as 
well as the specific requirements and obligations associated with 
CampCo's NRC license.
    a. This training will be based on the initial training provided by 
the consultant, and will incorporate any changes in the regulations 
and/or license that occur after approval of the initial training.
    b. This may be accomplished as a read-and-sign.
    c. CampCo will maintain written documentation of completion.
Work Processes
    9. Within 6 months, CampCo will engage an independent third party 
consultant to review CampCo processes, provide a written assessment and 
make any written recommendations for maintaining and improving 
compliance.
    10. CampCo will engage an independent third-party consultant to 
conduct annual compliance audits prior to the submittal of the required 
annual reports for the 2017 and 2018 calendar years.
    11. Within 9 months, CampCo will develop written procedures and/or 
checklists identifying NRC compliance responsibilities for exempt 
distribution licenses per the regulations, as well as the specific 
requirements and obligations associated with CampCo's NRC license. 
These written procedures and/or checklists will include, but not be 
limited to, the process to be followed should there be a change in 
sources or watches to be distributed by CampCo, as well as the timing 
and content of annual reports.
    12. Within 9 months, CampCo will specify in Purchase Orders NRC and 
Agreement State requirements and mandate that suppliers provide 
necessary information required to meet CampCo's license conditions in a 
timely manner, including the manufacturer(s) and model number(s) of the 
source(s) in the watches.
Corrective Actions
    13. Within 90 calendar days, CampCo will provide updated annual 
reports to NRC for calendar years 2010 through 2014, using the updated 
annual report for calendar year 2015, submitted on February 4, 2016, as 
the template.
General
    14. The finding of willfulness in this case was not based on a 
finding that CampCo deliberately intended to violate NRC requirements, 
but rather on CampCo's careless disregard in failing to pursue 
necessary actions to ensure CampCo's compliance.
    15. The NRC agrees not to pursue any further enforcement action in 
connection with the NRC's December 10, 2015, letter to CampCo.
    16. The Confirmatory Order will constitute escalated enforcement 
action.
    17. In the event of the transfer of the possession and/or 
distribution licenses of CampCo, Inc. to another entity, the terms and 
conditions set forth hereunder shall continue to apply to the new 
entity and accordingly survive any transfer of ownership or license.
    18. Unless otherwise specified, all dates are from the date of 
issuance of the Confirmatory Order.
    19. In consideration of the commitments delineated above, the NRC 
agrees to refrain from imposing a civil penalty.
    20. Unless otherwise specified, all documents required to be 
submitted to the NRC will be sent to: Director, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852-2738, with copies to the Director 
Material Safety, State, Tribal, and Rulemaking Programs (MSTR), Two 
White Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738, and 
to the Branch Chief Materials Safety Licensing Branch, MSTR, Two White 
Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738. CampCo 
will also endeavor to provide courtesy electronic copies to the above 
individuals.
    On June 6, 2016, CampCo consented to issuing this Confirmatory 
Order with the commitments, as described in Section V below. CampCo 
further agreed that this Confirmatory Order is to be effective upon 
issuance, the agreement memorialized in this Confirmatory Order settles 
the matter between the parties, and that it has waived its right to a 
hearing.

IV

    I find that the CampCo actions completed, as described in Section 
III above, combined with the 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 
CampCo's commitments be confirmed by this Confirmatory Order. Based on 
the above and CampCo's consent, this Confirmatory Order is effective 
upon issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 30, IT IS HEREBY ORDERED, 
EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. 04-23910-01E IS MODIFIED AS 
FOLLOWS:
Communications
    1. The President of CampCo will submit an article via social media 
outlets (e.g., Facebook, Twitter) to consumers of tritium watches.
    a. Within 6 months, the President of CampCo will submit a draft of 
the article to NRC for review and approval.
    b. The article will summarize the existence of NRC and Agreement 
State requirements for watches containing tritium, emphasize the 
importance of compliance with NRC and Agreement State requirements, and 
raise awareness of a potential consumer safety hazard for non-compliant 
watches.
    c. Within 15 calendar days of receipt, NRC will approve or provide 
comments to CampCo.
    d. CampCo will incorporate any NRC comments.
    e. CampCo will provide updated versions of the article to NRC for 
review and approval prior to CampCo submittal for publication.
    f. Within 15 calendar days of NRC approval, CampCo will circulate 
the article via social media outlets (e.g., Facebook, Twitter) to 
consumers of tritium watches.
    2. The President of CampCo will send written notification to watch 
manufacturers and assemblers in China, and other international 
locations as identified by CampCo.
    a. Within 6 months, the President of CampCo will submit a draft of 
the notification to NRC for review and approval, and will submit to NRC 
a list of proposed recipients.
    b. The notification will summarize the violations issued to CampCo, 
the existence of NRC requirements for watches containing tritium, the 
existence of an Agreement State

[[Page 41603]]

program, and the importance of compliance with NRC and Agreement State 
requirements.
    c. CampCo will incorporate any NRC comments.
    d. CampCo will provide updated versions of the article to NRC for 
review and approval prior to CampCo submittal for publication.
    e. Within 15 calendar days of NRC approval, CampCo will send 
written notification to watch manufacturers and assemblers in China, 
and other international locations as identified by CampCo.
    3. The President of CampCo will submit an article for industry 
publication.
    a. Within 1 year, the President of CampCo will submit a draft of 
the article to NRC for review and approval, and will submit to NRC a 
list of proposed recipients.
    b. The article will summarize the existence of NRC and Agreement 
State requirements for watches containing tritium and emphasize the 
importance of compliance with NRC and Agreement State requirements.
    c. CampCo will incorporate any NRC comments.
    d. CampCo will provide updated versions and NRC will provide 
comments or approval within 15 calendar days of receipt.
    e. Within 15 calendar days of NRC approval, CampCo will submit an 
article for industry publication.
Training
    4. Within 60 calendar days, the President of CampCo will hold 
meetings with key employees to outline the NRC requirements, and to 
emphasize and reinforce NRC and Agreement State compliance 
expectations.
    a. Key employees will include those employees who are responsible 
for the sale and distribution of tritium watches and compliance with 
the requirements (e.g., management, purchasing, sales and marketing, 
and logistics).
    b. CampCo will maintain written documentation of attendance 
demonstrating that each key employee has attended.
    5. Within 60 calendar days, the President of CampCo will hold 
meetings company-wide regarding general awareness of requirements and 
reinforcing NRC and Agreement State compliance expectations. CampCo 
will maintain written documentation of attendance, demonstrating that 
all employees have attended a meeting.
    6. CampCo will engage a third party independent consultant to 
provide initial training to key employees on NRC compliance 
responsibilities for exempt distribution licenses, as well as the 
specific requirements and obligations associated with CampCo's NRC 
license.
    a. Key employees will include those employees who are responsible 
for the sale and distribution of tritium watches and compliance with 
the requirements (e.g., management, purchasing, sales and marketing, 
and logistics).
    b. Within 9 months, CampCo will submit a draft of the training 
content to NRC for review and approval.
    c. The training will address NRC compliance responsibilities for 
exempt distribution licenses per the regulations, the specific 
requirements and obligations associated with CampCo's NRC license, 
importance of compliance with NRC and Agreement State requirements, and 
any applicable CampCo procedures.
    d. CampCo will incorporate any NRC comments.
    e. CampCo will provide updated versions and NRC will provide 
comments or approval within 15 calendar days of receipt.
    f. Within 90 calendar days of NRC approval, CampCo will complete 
the training for key employees.
    g. CampCo will maintain written documentation of attendance 
demonstrating that each key employee has received training.
    7. CampCo will provide annual refresher training for key employees 
on NRC compliance responsibilities for exempt distribution licenses, as 
well as the specific requirements and obligations associated with 
CampCo's NRC license.
    a. This training will be based on the initial training provided by 
the consultant, and will incorporate any changes in the regulations 
and/or license that occur after approval of the initial training.
    b. This may be accomplished as a read-and-sign training document.
    c. CampCo will maintain written documentation of completion.
    8. CampCo will provide initial training for new key employees on 
NRC compliance responsibilities for exempt distribution licenses, as 
well as the specific requirements and obligations associated with 
CampCo's NRC license.
    a. This training will be based on the initial training provided by 
the consultant, and will incorporate any changes in the regulations 
and/or license that occur after approval of the initial training.
    b. This may be accomplished as a read-and-sign training document.
    c. CampCo will maintain written documentation of completion.
Work Processes
    9. Within 6 months, CampCo will engage an independent third party 
consultant to review CampCo processes, provide a written assessment and 
make any written recommendations for maintaining and improving 
compliance.
    10. CampCo will engage an independent third-party consultant to 
conduct annual compliance audits prior to the submittal of the required 
annual reports for the 2017 and 2018 calendar years.
    11. Within 9 months, CampCo will develop written procedures and/or 
checklists identifying NRC compliance responsibilities for exempt 
distribution licenses per the regulations, as well as the specific 
requirements and obligations associated with CampCo's NRC license. 
These written procedures and/or checklists will include, but not be 
limited to, the process to be followed should there be a change in 
sources or watches to be distributed by CampCo, as well as the timing 
and content of annual reports.
    12. Within 9 months, CampCo will specify in Purchase Orders NRC and 
Agreement State requirements and mandate that suppliers provide 
necessary information required to meet CampCo's license conditions in a 
timely manner, including the manufacturer(s) and model number(s) of the 
source(s) in the watches.
Corrective Actions
    13. Within 90 calendar days, CampCo will provide updated annual 
reports to NRC for calendar years 2010 through 2014, using the calendar 
year 2015 updated annual report as provided to the NRC on February 4, 
2015, as the template for content and format of the reports. Future 
annual reports will use the 2015 annual report as template, with 
adjustments to this template as needed to comply with any future 
changes to NRC requirements.
    In the event of the transfer of the possession and/or distribution 
licenses of CampCo, Inc. to another entity, the terms and conditions 
set forth hereunder shall continue to apply to the new entity and 
accordingly survive any transfer of ownership or license.
    Unless otherwise specified, all dates are from the date of issuance 
of the Confirmatory Order.
    Unless otherwise specified, all documents required to be submitted 
to the NRC will be sent to: Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852-2738, with copies to the Director Material 
Safety, State, Tribal, and

[[Page 41604]]

Rulemaking Programs (MSTR), Two White Flint North, 11545 Rockville 
Pike, Rockville, MD 20852-2738, and to the Branch Chief Materials 
Safety Licensing Branch, MSTR, Two White Flint North, 11545 Rockville 
Pike, Rockville, MD 20852-2738. CampCo will also endeavor to provide 
courtesy electronic copies to the above individuals.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by CampCo or its 
successors of good cause.

VI

    In accordance with 10 CFR 2.202 and 2.309, any person adversely 
affected by this Confirmatory Order, other than CampCo, 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, NRC, 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'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 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.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 (EIE) 
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 System. 
Submissions should be in Portable Document Format 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 to 
[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, in accordance with 10 CFR 
2.302(g), file an exemption request with their initial paper filing 
showing good cause as to why they cannot file electronically and 
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, 16th 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://edh1.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

[[Page 41605]]

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, participants are 
requested not to include copyrighted materials in their submission.
    If a person other than CampCo 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 V above shall be 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 approved, the 
provisions specified in Section V shall be final when the extension 
expires if a hearing request has not been received.

    Dated at Rockville, Maryland, this 20th day of June, 2016.

    For the Nuclear Regulatory Commission,

Patricia K. Holahan,

Director, Office of Enforcement.

cc: State of California

[FR Doc. 2016-15143 Filed 6-24-16; 8:45 am]
 BILLING CODE 7590-01-P