[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62769-62772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21839]
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NUCLEAR REGULATORY COMMISSION
[EA-16-022; NRC-2016-0191]
In the Matter of All Power Reactor Licensees Owned and Operated
by First Energy Nuclear Operating Company; and First Energy Corp
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order (Order) to First Energy Nuclear Operating Company
(the licensee), confirming the agreement reached in an Alternative
Dispute Resolution mediation session held on July 21, 2016. This Order
will ensure the licensee restores compliance with NRC regulations.
DATES: The Order was issued on September 1, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0191 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-2016-0191. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals 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 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: Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630-
810-4376, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois, this 7th day of September, 2016.
[[Page 62770]]
For the Nuclear Regulatory Commission.
Darrell J. Roberts,
Deputy Regional Administrator, Region III.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of All Power Reactor Licensees Owned and Operated by
First Energy Nuclear Operating Company; and First Energy Corp
Docket Nos. (Attachment 1)
License Nos. (Attachment 1)
EA-16-022
Confirmatory Order Modifying License
I
First Energy Nuclear Operating Company (FENOC), is the holder of
Reactor Operating License No. NPF-3 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 April 22, 1977. The
license authorizes the operation of the Davis-Besse Nuclear Power
Station (Davis-Besse) in accordance with conditions specified therein.
The facility is located on FENOC's site in Oak Harbor, Ohio.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on July 21, 2016.
II
On February 9, 2015, the NRC Office of Investigations (OI), Region
III Field Office, initiated an investigation to determine whether a
licensed reactor operator at Davis-Besse deliberately failed to comply
with a condition of his license and to report a change in a medical
condition. The NRC completed its investigation on January 29, 2016.
Based on the evidence gathered in the OI investigation, a licensed
reactor operator deliberately provided false information to the
facility licensee. This inaccurate information was used by the facility
licensee to complete NRC 396 forms that were submitted to the NRC.
Specifically, the operator signed forms validating the accuracy of the
list of prescription medication he was taking when he knew the list was
inaccurate. The information in the document, which was material to the
NRC because it provided the basis for the operator's medical
qualification, was submitted to the NRC by the facility licensee
causing a violation of 10 CFR 50.9(a).
FENOC accepted the NRC's offer of Alternative Dispute Resolution
(ADR) to resolve the dispute with the NRC over the results of the
investigation and the apparent violation. ADR is a process in which a
neutral mediator with no decision-making authority assists the parties
in reaching an agreement to resolve differing views on the dispute. On
July 21, 2016, FENOC and the NRC met in an ADR session mediated by a
professional mediator, arranged through Cornell University's Institute
on Conflict Resolution.
Prior to the NRC's offer to engage in ADR, FENOC had already taken
several corrective actions, including (but not limited to):
1. Took performance management actions with the individual licensed
operator;
2. Provided required reading to all licensed operators at Davis-
Besse on requirements for maintaining medical qualifications and
reporting changes in medical conditions;
3. Reinforced expectations and requirements for medical reporting
and completeness and accuracy of information with Davis-Besse and FENOC
management through routine Operations Leadership meetings, and
Operations and Regulatory Compliance Peer Team calls;
4. Verified through an Independent Operator Survey the
effectiveness of communications to licensed operators regarding the
requirements for medical reporting and completeness and accuracy of
information; and
5. Completed a review of corrective action program documents to
identify potential trends in medical reporting.
III
During the ADR session held on July 21, 2016, a preliminary
settlement agreement was reached. This Confirmatory Order is issued
pursuant to the agreement reached during the ADR process. The elements
of the agreement, as signed by both parties, consisted of the
following:
1. To reinforce knowledge of and compliance with requirements for
medical qualifications and completeness and accuracy of reported
information, FENOC will take the following actions related to licensed
operator requalification training at Davis-Besse:
a. Within 60 days of the effective date of the Confirmatory Order,
Davis-Besse operations management will complete discussions with each
licensed operator regarding the facts and lessons learned from the
event that gave rise to the Confirmatory Order.
b. No later than December 31, 2016, FENOC will revise operator
requalification training materials to incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
2. To reinforce knowledge of and compliance with requirements for
ensuring the completeness and accuracy of reported information across
the fleet, FENOC will take the following actions:
a. No later than December 31, 2016, appropriate FENOC management
will communicate expectations and requirements for complete and
accurate medical reporting to operations and security personnel subject
to those requirements;
b. No later than December 31, 2017, FENOC will revise and
administer fleetwide plant access training. The revised training shall
address the provisions of 10 CFR 50.9 and incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
3. Upon completion of actions taken under items 1 and 2 to
strengthen communications and training, but in no event later than two
years from the effective date of the Confirmatory Order, FENOC shall
complete an effectiveness review of those actions.
4. No later than December 31, 2016, FENOC will revise existing
fleet procedures governing the update of licensed operators' medical
reports. The revised procedure will state that the licensed medical
physician may request that the operator submit prescription purchase
records or receipts, if the physician deems appropriate.
5. To ensure dissemination of the facts and lessons learned across
the nuclear industry, FENOC will take the following actions:
a. Within 30 days of the Agreement in Principle, FENOC will make a
presentation at the Nuclear Medical Resources Professionals User Group
to engage industry personnel from across the entirety of the United
States on the facts and lessons learned from the event that gave rise
to the Confirmatory Order.
b. No later than December 31, 2016, FENOC shall submit an article
to a widespread trade publication based on the facts and lessons
learned from the event that gave rise to the Confirmatory Order. FENOC
shall provide to the Director, Division of Reactor Safety, NRC Region
III, a draft of the article 30 days prior to the submittal.
6. To ensure communication of actions completed and to enable NRC
inspection, FENOC will make the following notifications to the
Director, Division of Reactor Safety, NRC Region III:
a. No later than March 1, 2017, FENOC will provide written
notification of the completion of actions taken under items 1a., 1b.,
2a., 4, 5a., and 5b.
[[Page 62771]]
b. No later than December 31, 2018, FENOC will provide written
notification of the completion of actions taken under items 2b. and 3.
In exchange for the commitments and corrective actions taken by
FENOC, the NRC agrees to the following conditions:
1. The NRC will not issue a violation and agrees not to pursue any
further enforcement action in connection with the NRC's May 17, 2016
letter to FENOC.
2. The NRC will consider the Confirmatory Order as an escalated
enforcement action for a period of one year from its effective date.
This agreement is binding upon the successors and assigns of FENOC.
On August 29, 2016, FENOC consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. FENOC
further agreed that this Confirmatory Order is to be effective 30
calendar days after issuance of the Confirmatory Order and that it has
waived its right to a hearing.
IV
Since FENOC agreed to take additional actions to address NRC
concerns, as set forth in Section III above, the NRC concluded that its
concerns can be resolved through issuance of this Confirmatory Order.
I find that FENOC'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
FENOC's commitments be confirmed by this Order. Based on the above and
FENOC's consent, this Confirmatory Order is effective 30 calendar days
after issuance.
V
Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR part 50, IT IS HEREBY ORDERED THAT
THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT DAVIS-BESSE NUCLEAR POWER
STATION AND OTHER NUCLEAR PLANTS IN FENOC's FLEET WHERE INDICATED AND
THAT LICENSE NO. NPF-3 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE
ACTIONS TO BE TAKEN AT THE DAVIS-BESSE NUCLEAR POWER STATION:
1. Within 60 days of the effective date of the Confirmatory Order,
Davis-Besse operations management will complete discussions with each
licensed operator regarding the facts and lessons learned from the
event that gave rise to the Confirmatory Order.
2. No later than December 31, 2016, FENOC will revise operator
requalification training materials to incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
3. No later than December 31, 2016, appropriate FENOC management
will communicate expectations and requirements for complete and
accurate medical reporting to operations and security personnel subject
to those requirements.
4. No later than December 31, 2017, FENOC will revise and
administer fleetwide plant access training. The revised training shall
address the provisions of 10 CFR 50.9 and incorporate facts and lessons
learned from the event that gave rise to the Confirmatory Order.
5. Upon completion of actions taken under items 1, 2, 3, and 4, but
in no event later than two years from the effective date of the
Confirmatory Order, FENOC shall complete an effectiveness review of
those actions.
6. No later than December 31, 2016, FENOC will revise existing
fleet procedures governing the update of licensed operators' medical
reports. The revised procedure will state that the licensed medical
physician may request that the operator submit prescription purchase
records or receipts, if the physician deems appropriate.
7. Within 30 days of the Agreement in Principle, FENOC will make a
presentation at the Nuclear Medical Resources Professionals User Group
to engage industry personnel from across the entirety of the United
States on the facts and lessons learned from the event that gave rise
to the Confirmatory Order.
8. No later than December 31, 2016, FENOC shall submit an article
to a widespread trade publication based on the facts and lessons
learned from the event that gave rise to the Confirmatory Order. FENOC
shall provide to the Director, Division of Reactor Safety, NRC Region
III, a draft of the article 30 days prior to the submittal.
9. No later than March 1, 2017, FENOC will provide written
notification to the Director, Division of Reactor Safety, NRC Region
III of the completion of actions taken under items 1, 2, 3, 6, 7, and
8.
10. No later than December 31, 2018, FENOC will provide written
notification to the Director, Division of Reactor Safety, NRC Region
III of the completion of actions taken under items 4 and 5.
The Regional Administrator, Region III, may, in writing, relax or
rescind any of the above conditions upon demonstration by FENOC of good
cause.
VI
Any person adversely affected by this Confirmatory Order, other
than FENOC, 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 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at [email protected],
or by telephone at 301-415-1677, to (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.html. System requirements for accessing the E-Submittal
server are
[[Page 62772]]
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),
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene 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 (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 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 Lisle, Illinois this 1st day of September 2016.
For the Nuclear Regulatory Commission.
Darrell J. Roberts acting for,
Cynthia D. Pederson,
Regional Administrator.
Attachment 1
All Power Reactor Licensees Owned and Operated by First Energy Nuclear
Operating Company; and First Energy Corp
Beaver Valley Power Station, Unit Nos. 1 and 2
Docket Nos'. 50-334 and 50-412
License Nos. DPR-66 and NPF-73
Mr. Marty Richey, Site Vice President, Pennsylvania 168,
Shippingport, PA 15001
Davis-Besse Nuclear Power Station, Unit No. 1
Docket No. 50-346
License No. NPF-3
Mr. Brian Boles, Site Vice President, 5501 OH-2, Oak Harbor, OH
43449
Perry Nuclear Power Plant, Unit No. 1
Docket No. 50-440
License No. NPF-58
Mr. Dave Hamilton, Site Vice President, 10 Center Rd, Perry, OH
44081
[FR Doc. 2016-21839 Filed 9-9-16; 8:45 am]
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