[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73144-73147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25661]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 03038199; EA-15-230; NRC-2016-0212]
In the Matter of Tetra Tech EC, 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 (CO) to Tetra Tech EC, Inc. (TtEC) to memorialize
the agreements reached during an alternative dispute resolution
mediation session held on September 7, 2016. This Order will resolve
the issue that was identified during an NRC Investigation of TtEC
employees at Hunters Point Naval Shipyard site in San Francisco,
California. The Confirmatory Order is effective upon issuance.
DATES: This Confirmatory Order was issued on Tuesday, October 11, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0212 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-2016-0212. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; e-mail: [email protected]. For questions about this
Confirmatory 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 e-mail to [email protected]. The
ADAMS accession number for each document referenced (if 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: Cherie J. Crisden, Region I, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 1-
610-337-5061, e[dash]mail: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Confirmatory Order is
attached.
Dated at King of Prussia, Pennsylvania, this 11th day of October
2016.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Regional Administrator.
United States of America
Nuclear Regulatory Commission
[Docket No. 03038199; EA-15-230; License No. 29-31396-01; NRC-2016-
0212]
In the Matter of Tetra Tech EC, Inc.
Confirmatory Order
(Effective Immediately)
I
Tetra Tech EC, Inc. (TtEC) is the holder of service provider
License No. 29-31396-01 issued by the U.S. Nuclear Regulatory
Commission (NRC) pursuant to Parts 30, 40, and 70 of Title 10 of the
Code of Federal Regulations (10 CFR) on March 2, 2010, and amended on
January 28, 2015. The license authorizes the operation of Tetra Tech
EC, Inc. in accordance with conditions specified therein. TtEC is
headquartered in Morris Plains, New Jersey.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on September 7, 2016. The violation as documented in the NRC
letter dated July 28, 2016 (ML16210A228),\1\ to TtEC occurred sometime
between November 11, 2011, and June 4, 2012. As of the date of the
issuance of this Confirmatory Order, the NRC is not aware of any
subsequent willful violations of NRC regulations by TtEC employees
since June 4, 2012. TtEC remains in good standing with respect to the
terms and conditions of its NRC license.
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\1\ Designation in parentheses refers to an Agency-wide
Documents Access and Management System (ADAMS) accession number.
Unless otherwise noted, documents referenced in this letter are
publicly-available using the accession number in ADAMS.
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II
On April 29, 2014, the NRC Office of Investigations (OI) began an
investigation (OI Case No. 1[dash]2014[dash]018) of TtEC activities at
the U.S. Navy's Hunters Point Naval Shipyard (HPNS). The investigation
was conducted to determine whether employees of TtEC deliberately
falsified soil sample surveys from the area referred to as `Parcel C'
at HPNS in San Francisco, California. Based on the evidence developed
during its investigation, OI substantiated that a Radiation Control
Technician (RCT) and a Radiation Task Supervisor (RTS) deliberately
falsified soil sample records by taking soil samples from areas not
designated as part of the target sample area and by completing chain-
of-custody forms with inaccurate information. The NRC completed its
investigation on September 15, 2015.
In a letter to TtEC dated February 11, 2016, (ML16042A074) the NRC
concluded that based on the evidence developed during the
investigation, one apparent violation was identified and was being
considered for escalated enforcement action in accordance with the NRC
Enforcement Policy. The apparent violation involved TtEC's failure to
make or cause to be made, surveys of areas that were reasonable to
evaluate concentrations and potential radiological hazards of residual
radioactivity in accordance with 10 CFR 20.1501(a). In response to the
NRC's letter, TtEC provided two written responses in letters dated
March 15, 2016 (ML16090A220) and March 22, 2016, (ADAMS Accession No.
ML16090A318).
In the July 28, 2016, letter, the NRC issued a Severity Level III
Notice of Violation (NOV) and a $7,000 Proposed Civil Penalty to TtEC.
In response to the NRC's letter, TtEC requested the use of the NRC's
ADR process to resolve the issue.
On September 7, 2016, the NRC and TtEC met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. ADR is a process in
[[Page 73145]]
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 mediation session, TtEC and the NRC reached a
preliminary settlement agreement. The elements of the agreement, as
signed by both parties, consisted of the following:
1. In consideration of the following actions, the NRC agrees not to
issue the proposed civil penalty ($7,000) relating to the NOV (Case No.
EA-15-230, Office of Investigations Report No. 1-2014-018), dated July
28, 2016.
2. Within 180 days of the effective date of the Confirmatory Order,
TtEC will discuss during one of its quarterly calls with its employees
the facts and lessons-learned from the event that gave rise to the
Confirmatory Order.
a. This discussion will emphasize the importance of TtEC employees
not engaging in willful activities in violation of NRC rules and
regulations.
b. As part of this discussion, TtEC employees will be allowed to
ask follow-up questions and to provide feedback.
c. Within 210 days of the effective date of the Confirmatory Order,
TtEC will affirm in writing to the NRC Region I Director, Division of
Nuclear Materials Safety that said discussion occurred. TtEC will make
available for one year after the date of this affirmation for NRC
inspection any materials distributed to employees as part of said
discussion.
3. Within 270 days of the effective date of the Confirmatory Order,
TtEC will conduct refresher training regarding NRC requirements for all
TtEC employees engaged in licensed activities. Thereafter, TtEC will
conduct initial training of any new TtEC employees prior to engagement
in licensed activities.
a. Within 300 days of the effective date of the Confirmatory Order,
TtEC shall provide a copy of the refresher training documentation to
the NRC Region I Director, Division of Nuclear Materials Safety.
b. The training must, at a minimum, include the following:
i. Awareness and understanding of NRC regulatory requirements,
including the deliberate misconduct rule;
ii. Compliance with licensee procedures as they relate to NRC-
licensed activities; and
iii. Understanding of signature authority.
c. Within 30 days following the completion of the refresher
training, TtEC will affirm in writing to the NRC Region I Director,
Division of Nuclear Materials Safety, that all TtEC employees then
engaged in licensed activities have been trained.
d. For a period of five years following the effective date of the
Confirmatory Order, TtEC will conduct on an annual basis the refresher
training for all individuals engaged in licensed activities.
e. TtEC will maintain documentation for each refresher training
session conducted. The training documentation will include a summary of
the contents of the training and the employees in attendance. The
training documentation will be maintained for one year after each
refresher training session and will be made available for NRC
inspection upon request.
4. Within 360 days of the effective date of the Confirmatory Order,
TtEC will conduct an independent, third-party assessment of all areas
involving NRC-licensed activities to assess TtEC's safety culture.
a. Within 180 days of the effective date of the Confirmatory Order,
the independent assessor and his or her qualifications will be
submitted by TtEC to the NRC Region I Director, Division of Nuclear
Materials Safety.
b. The assessment shall include a large enough sample size of TtEC
employees potentially involved in NRC-licensed activities so as to
yield statistically-significant results.
c. Within 120 days following the completion of the independent
assessment, TtEC will:
i. Communicate to the NRC Region I Director, Division of Nuclear
Materials Safety, the availability of the assessment for NRC
inspection.
ii. Communicate to all TtEC employees the results of the
assessment.
iii. Evaluate the results of the assessment and initiate corrective
actions as appropriate.
d. All documentation related to the independent assessment,
including any documentation related to TtEC's evaluation of the
assessment, will be kept for a period of three years following the
completion of the independent assessment and will, for that duration,
be made available to the NRC for inspection upon request.
5. Within 180 days of the effective date of the Confirmatory Order,
TtEC will send a letter to the Navy that contains a copy of the NOV and
a copy of the Confirmatory Order so that the Navy is fully informed of
the NRC actions.
a. TtEC will also send a copy of this letter to the State of
California Department of Public Health and to the NRC Region I
Director, Division of Nuclear Materials Safety.
6. For a period of three years following the effective date of the
Confirmatory Order, TtEC will commit to using a third party to perform
quality control on any future projects at Hunters Point.
a. In those circumstances, TtEC will notify the NRC of the identity
of the third party that will perform quality control.
7. In the event of the transfer of the NRC license by TtEC to
another entity, the commitments hereunder shall survive any transfer of
ownership and will be binding on the new licensee.
On September 26, 2016, TtEC consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. TtEC
further agreed that this Confirmatory Order is to be effective upon
issuance and that it has waived its right to a hearing.
IV
Since TtEC 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 TtEC'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
TtEC's commitments be confirmed by this Confirmatory Order. Based on
the above and TtEC'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, IT IS HEREBY ORDERED, EFFECTIVE
IMMEDIATELY, THAT:
1. Within 180 days of the effective date of the Confirmatory Order,
TtEC will discuss during one of its quarterly calls with its employees
engaged in licensed activities the facts and lessons learned from the
event that gave rise to this Confirmatory Order.
a. TtEC will emphasize the importance of TtEC employees not
engaging in willful activities in violation of NRC rules and
regulations and will allow TtEC employees to ask
[[Page 73146]]
follow-up questions and to provide feedback.
2. Within 210 days of the effective date of the Confirmatory Order,
TtEC will affirm in writing to the NRC Region I Director, Division of
Nuclear Materials Safety, that the quarterly call and discussion
occurred.
3. TtEC will make available, for one year after the date of the
affirmation that the quarterly call was completed, for NRC inspection
any materials distributed to employees as part of the quarterly call
and discussion.
4. Within 270 days of the effective date of the Confirmatory Order,
TtEC will conduct refresher training regarding NRC requirements for all
TtEC employees engaged in licensed activities.
a. TtEC will conduct initial training for any new TtEC employees
prior to engagement in licensed activities.
b. Within 300 days of the effective date of the Confirmatory Order,
TtEC will provide a copy of the refresher training documentation to the
NRC Region I Director, Division of Nuclear Materials Safety.
c. TtEC will, at a minimum, include the following:
i. Awareness and understanding of NRC regulatory requirements,
including the deliberate misconduct rule;
ii. Compliance with licensee procedures as they relate to NRC-
licensed activities; and
iii. Understanding of signature authority.
d. Within 30 days following the completion of the refresher
training, TtEC will affirm in writing to the NRC Region I Director,
Division of Materials Safety, that all TtEC employees engaged in
licensed activities have been trained.
e. For a period of five years following the effective date of the
Confirmatory Order, TtEC will conduct annual refresher training for all
individuals engaged in licensed activities.
f. TtEC will maintain documentation for each refresher training
session conducted. The training documentation will include a summary of
the contents of the training and the employees in attendance. The
training documentation will be maintained for one year after each
refresher training session and will be made available for NRC
inspection upon request.
5. Within 360 days of the effective date of the Confirmatory Order,
TtEC will conduct an independent, third-party assessment of all areas
involving NRC-licensed activities to assess TtEC's safety culture.
a. Within 180 days of the effective date of the Confirmatory Order,
the name of the independent assessor and his or her qualifications will
be submitted by TtEC to the NRC Region I Director, Division of Nuclear
Materials Safety.
b. TtEC will ensure that the assessment includes a large enough
sample size of TtEC employees potentially involved in NRC-licensed
activities so as to yield statistically-significant results.
c. Within 120 days following the completion of the independent
assessment, TtEC will: (1) communicate to the NRC Region I Director,
Division of Nuclear Materials Safety, the availability of the
assessment for NRC inspection; (2) communicate to all TtEC employees
the results of the assessment; and (3) evaluate the results of the
assessment and initiate corrective actions as appropriate.
d. All documentation (excluding privileged attorney-client
communications and attorney work product) related to the independent
assessment, including any documentation related to TtEC's evaluation of
the assessment, will be kept for a period of three years following the
completion of the independent assessment and will, for that duration,
be made available to the NRC for inspection upon request.
6. Within 180 days of the effective date of the Confirmatory Order,
TtEC will send a letter to the Navy that contains a copy of the NOV and
a copy of the Confirmatory Order so that the Navy is fully informed of
the NRC actions.
a. Within 180 days of the effective date of the Confirmatory Order,
TtEC will also send a copy of the letter referenced above to the State
of California Department of Public Health and to the NRC Region I
Director, Division of Nuclear Materials Safety.
7. For a period of three years following the effective date of the
Confirmatory Order, TtEC will commit to using a third party to perform
quality control on any future projects at HPNS.
a. In those circumstances when TtEC performs work at HPNS, TtEC
will notify the NRC of the identity of the third party that will
perform quality control.
8. In the event of the transfer of NRC License No. 29-31396-01 by
TtEC to another entity, the commitments hereunder will survive any
transfer of ownership and will be binding on the new licensee.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by TtEC of good
cause.
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this Confirmatory Order, other than Tetra Tech
EC, 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 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), 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 e-mail 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
[[Page 73147]]
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 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 e-mail notice confirming receipt of the
document. The E-Filing system also distributes an e-mail notice that
provides access to the document to the NRC 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 E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, 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 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
C.F.R. 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue a separate Confirmatory Order
designating the time and place of any hearing, 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
this 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 King of Prussia, Pennsylvania, this 11th day of October
2016.
For the Nuclear Regulatory Commission.
Daniel H. Dorman
Regional Administrator
[FR Doc. 2016-25661 Filed 10-21-16; 8:45 am]
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