[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1244-1249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00688]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-348; 50-364; License Nos. NPF-2; NPF-8; EA-18-032; NRC-
2019-0038]
In the Matter of Southern Nuclear Operating Company, Inc.; Joseph
M. Farley Nuclear Plant
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 Southern Nuclear Operating Company, Inc.,
(the licensee), confirming the agreement reached in an Alternative
Dispute Resolution mediation session held on September 21-22, 2018.
This Order will ensure the licensee restores compliance with NRC
regulations.
DATES: The confirmatory order was issued on January 29, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0038 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0038. Address
questions about dockets in Regulations.gov to Krupskaya Castellon;
telephone: 301-287-9221; e-mail: [email protected]. For
technical questions, 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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, 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 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: Scott Sparks, Region II, U.S. Nuclear
Regulatory Commission, Atlanta, Georgia 30303-1257; telephone: 404-997-
4422; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Atlanta, Georgia, this 29th day of January 2019.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Southern Nuclear Operating Company, Inc., Joseph
M. Farley Nuclear Plant
Docket Nos. 50-348; 50-364
License Nos. NPF-2; NPF-8
EA-18-032
CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE)
I
Southern Nuclear Operating Company, Inc., (SNC or Licensee) is the
holder of Operating License Nos. NPF-2, NPF-8, DPR-57, NPF-5, NPF-68,
NPF-81, and Combined Licenses NPF-91 and NPF-92, issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to part 50
and part 52 of title 10 of the Code of Federal Regulations (10 CFR).
The licenses authorize the operation of the Joseph M. Farley Nuclear
Plant (FNP) Units 1 and 2, the Edwin I. Hatch Nuclear Plant, Units 1
and 2, the Vogtle Electric Generating Plant, Units 1 and 2, and the
combined construction and operation of Vogtle Electric Generating
Plant, Units 3 and 4, in accordance with conditions specified therein.
These facilities are located in Columbia, Alabama, Baxley, Georgia, and
Waynesboro, Georgia, respectively.
This Confirmatory Order (CO) is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on September 21-22, 2018.
II
On April 21, 2017, the U. S. Nuclear Regulatory Commission's (NRC)
Office of Investigations (OI) initiated an investigation, to determine
if a Force-on-Force/Target Set Coordinator, who was also a Safeguards
Information (SGI) custodian at Farley Nuclear Plant (FNP), deliberately
failed to properly secure SGI and follow plant procedures. The
investigation was completed on March 29, 2018, and the results were
documented in OI Report No. 2-2017-022.
The NRC conducted a review of the OI report, and documented the
results of this review in NRC Inspection Report 05000348/2018411 and
05000364/2018411, dated July 27, 2018 (Agency-wide Documents Access and
Management System (ADAMS)
[[Page 1245]]
accession number ML18208A305). The inspection report identified one
apparent violation (AV), involving the licensee's failure to store SGI
in a locked security storage container while unattended and the failure
to maintain an inventory of SGI documents located inside a security
storage container and to document the retrieval of SGI when in use. The
specific AV (updated to reflect the correct title of the FNP employee
involved) was stated as follows:
10 CFR 73.21(a)(1), Protection of Safeguards Information:
Performance requirements, states, in part, Each licensee, or other
person who produces, receives, or acquires Safeguards Information [SGI]
shall ensure that it is protected against unauthorized disclosure. To
meet this general performance requirement, such licensees, or other
persons subject to this section shall: (i) Establish, implement, and
maintain an information protection system that includes the applicable
measures for Safeguards Information specified in 10 CFR 73.22 related
to power reactors.
10 CFR 73.22(c)(2), Protection of Safeguards Information: Specific
requirements, states in part, that while unattended, Safeguards
information shall be stored in a locked security storage container.
Southern Nuclear Company (SNC) Procedure NMP-AD-013-003, ``Physical
Protection of Safeguards Information (SGI),'' Version 2.1, requires SGI
custodians to maintain an inventory of documents inside a security
storage container and log any retrieval of an SGI document for use.
This procedure also requires that, while unattended, SNC Safeguards
Information shall be stored in an approved Security Storage Container.
Contrary to the above, on multiple dates in August, 2016, the
licensee failed to store SGI in a locked security storage container
while unattended and failed to maintain an inventory of SGI located
inside a security storage container and to document the retrieval of
SGI when in use. Specifically, a former Force-on-Force/Target Set
Coordinator, who served as an SGI custodian, failed to store SGI in a
locked security storage container while unattended on the following
occasions: 1) SGI was left unattended in the employee's private
residence on or approximately August 18-20, 2016; 2) SGI was left
unattended in a hotel room for approximately 1.5 hours on August 20,
2016; 3) SGI was left unattended in a rental car on August 25, 2016,
for approximately 11 hours; and 4) A laptop computer containing SGI was
left unattended in the employee's private residence on or approximately
August 25-26, 2016. Additionally, the licensee failed to maintain an
inventory and document the retrieval of SGI from the security storage
container when the employee reproduced an SGI document, placed the SGI
in a binder and removed it for use from the security storage container.
The NRC's inspection report of July 27, 2018, also documented that
the OI investigation was conducted to determine whether the FNP
employee deliberately failed to properly secure safeguards information
(SGI) and follow plant procedures. In this case, the employee indicated
his knowledge of regulatory and procedural requirements involving the
handling of SGI. Additionally, the employee had received SGI training
and had a clear understanding of SNC's SGI handling requirements.
However, the Farley employee deliberately failed to follow SNC
procedures, and his actions were determined by the NRC to be in
violation of 10 CFR 50.5.
In response to the NRC's inspection report of July 27, 2018, SNC
advised of its desire to participate in the Agency's ADR program to
resolve the enforcement aspects of this matter.
III
On September 21-22, 2018, the NRC and SNC 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 or resolving any differences regarding
their dispute. This CO is issued pursuant to the agreement reached
during the ADR process. The elements of the agreement consist of the
following:
1. The NRC and SNC agreed that the issue described in Section II of
this CO represents a violation of regulatory requirements, the NRC and
SNC concluded that the violation occurred due to the deliberate
misconduct of a former Force-on-Force/Target Set Coordinator at FNP.
2. Based on a review of the incident, SNC completed a number of
corrective actions and enhancements to preclude recurrence of the
violation, including but not limited to the following:
a. Immediate/interim corrective actions included: initiated a
corporate security investigation; stopped all transportation of SGI
without approval from the site security manager; briefed all SGI
custodians and verified their understanding of how to properly use and
handle SGI; performed the SGI safe inventory at Farley Nuclear Plant;
issued a security department instruction on NMP-AD-013-003 requirements
for SGI on laptop hard drives; evaluated if gaps existed in their
Behavior Observation Program as related to the individual; developed a
communication strategy for both internal and external communications
related to the issue; performed an assessment to determine how
effectively FNP had responded and what additional actions should be
taken by means of an external resource knowledgeable of security; and
issued a security department instruction to revise the approval
authority for off-site transport of SGI to the Fleet Security Director;
b. Other prompt/intermediate corrective actions included: revised
the SGI procedures to address issues identified during the root cause
evaluation; briefed all SNC Safeguards Information custodians on the
findings of the root cause including Operating Experience (OE) and
lessons learned; and conducted external benchmarking with other
utilities regarding SGI controls during off-site transportation.
3. Based on SNC's review of the incident and NRC's concerns with
respect to precluding recurrence of the violation, SNC agreed to
implement the following corrective actions and enhancements:
a. Within 4 months of the issuance date of the Confirmatory Order
(CO), SNC shall revise procedures to periodically and randomly audit
SGI records to determine compliance with existing procedures and
regulatory requirements. At a minimum, three random audits of SGI
records shall be performed at each SNC nuclear plant each year, for a
period of three years from the date of issuance of this CO. Identified
deficiencies shall be entered into the CAP for tracking corrective
actions to completion, consistent with existing SGI requirements. The
audit shall be conducted by personnel knowledgeable of SGI, independent
from the station. The results of such audits shall be made available
for NRC review.
b. Upon issuance of the CO, SNC shall maintain applicable SGI
procedures to provide specific direction for transporting SGI away from
the Protected Area and Owner Controlled Area of an SNC facility,
including packaging requirements and guidance on positive controls on
business travel that may involve an overnight stay, consistent with
NMP-AD-013-003, ``Physical Protection of Safeguards Information
(SGI),'' revision 5.1.
[[Page 1246]]
c. Upon issuance of the CO, SNC shall maintain applicable SGI
procedures to ensure that SGI handling requires the conduct of a pre-
job brief for all qualified individuals requesting to check out SGI for
use, consistent with NMP-AD-013-003, ``Physical Protection of
Safeguards Information (SGI),'' revision 5.1.
d. Internal Communication:
i. Within 2 months of the issuance date of the Confirmatory Order,
an SNC senior executive shall develop a Communication (either verbal,
written, electronic, or video) describing the circumstances leading to
this CO, explain that willful violations will not be tolerated, and, as
a result, SNC shall be undertaking efforts to confirm whether
individuals are engaging in such conduct at any of its sites. The
Communication shall stress the importance of procedural use and
adherence and ensuring that documents are complete and accurate. The
Communication shall also stress the potential consequences for engaging
in willful noncompliance. This message shall be balanced with the
recognition that people do make mistakes, and when that happens action
shall be taken by SNC to address the mistake. The contents of this
communication shall be retained and made available for NRC review
consistent with the terms of this CO.
ii. Within 6 months of the completion of Section III.3.d.i, this
Communication will be distributed to all SNC employees and contractors
with unescorted access authorization to the SNC operating sites. Each
recipient of the Communication referenced in Section III.3.d.i shall
read and sign a ``commitment to compliance'' statement included with
the Communication (subject to any collective bargaining obligations
that may apply).
iii. Within 2 months of the completion of Section III.3.d.i, and
for three years following the issuance of this CO, this Communication
will be provided to all individuals receiving unescorted access
authorization to the SNC operating sites.
iv. With respect to the Vogtle 3&4 site:
1. Within 6 months of the completion of Section III.3.d.i, and for
a period of 3 years from the date of the CO, SNC supervisors and above
shall receive the Communication (referenced in Section III.3.d.i). Each
recipient of the Communication referenced in Section III.3.d.i shall
read and sign a ``commitment to compliance'' statement included with
the Communication (subject to any collective bargaining obligations
that may apply). During this 3 year period individuals promoted to a
supervisory position shall receive the Communication and read and sign
the ``commitment to compliance'' statement.
2. The contractor superintendents covered by this paragraph will
include those who are superintendents when SNC initiates actions
described in Section III.3.d.iv.1. Within a period of 6 months from the
date of issuance of this CO, all contractor superintendents and above
who have fitness for duty or unescorted access authorization to the
controlled construction area will receive the Communication and read
and sign the ``commitment to compliance'' statement included with the
Communication referenced in Section III.3.d.i above. Additionally,
contractor personnel covered by Section III.3.d.iv.2 shall commit to
inform their reports of the contents of the Communication.
3. Within 2 months of completion of Section III.3.d.i and for three
years following the issuance of this CO, all individuals receiving
fitness for duty or unescorted access authorization to the controlled
construction area will receive the Communication prior to the granting
of access.
e. Within 6 months of the issuance date of the Confirmatory Order
and at 12 month intervals thereafter, SNC shall complete retraining of
all SNC SGI custodians regarding SGI control, access, receipt,
transportation, inventory, transmittal, and storage.
f. Upon issuance of the CO, SNC shall maintain SGI procedures
regarding storage of SGI originating from other permanent repositories
and the inventory of SGI, consistent with NMP-AD-013-003, ``Physical
Protection of Safeguards Information (SGI),'' revision 5.1.
g. Upon issuance of the CO, SNC shall maintain certain sections of
SGI procedures as ``reference use'' (i.e., the procedure is required to
be present when performing the associated action steps) consistent with
NMP-AD-013-003, ``Physical Protection of Safeguards Information
(SGI),'' revision 5.1, and NMP-AD-013-005, ``Transmittal and Receipt of
Safeguards Information (SGI),'' Revision 3.0.
h. Within 12 months from the date of this Confirmatory Order, SNC
shall deliver a presentation describing the event that formed the basis
for this violation to include corporate and site oversight, and
accountability responsibilities. The presentation shall also emphasize
procedural adequacy, procedural adherence, and the need for management
ownership of integrity issues. The presentation shall be delivered at
one of the following: the Nuclear Security Working Group Meeting, the
Security/Emergency Preparedness Summit, the NRC's Regulatory
Information Conference, the NEI Regulatory Affairs Forum, or the ANS
Utility Working Group Conference. In the event that SNC cannot deliver
a presentation at one of the aforementioned events, SNC shall seek
approval from the NRC for an alternative venue. The presentation shall
be made available for NRC review.
i. Within 4 months of the issuance date of the Confirmatory Order,
SNC shall revise procedures to require that all transportation of SGI
material outside of the owner controlled area shall require approval of
an SNC Corporate Security Manager.
j. Within 3 months from the date of this Confirmatory Order, SNC
shall revise procedures to provide additional instruction following an
incident having the potential for a Part 73 violation of green or
higher significance. The instruction shall require that an SNC Security
organization not involved in the event provides oversight in
determining the proper corrective action program response (e.g.,
corporate led security investigation or fact finding). Documentation
shall be retained and made available for NRC review consistent with the
terms of this CO.
k. Within 9 months of the issuance date of the Confirmatory Order,
SNC shall conduct a benchmarking activity of at least two other non-SNC
entities which handle SGI, for the purposes of determining best
practices related to the SGI program. Based on the best practices
identified by SNC, SNC shall revise program elements to facilitate SGI
program improvements. The results of such benchmarking shall be made
available for NRC review.
l. Within 6 months of the issuance date of the Confirmatory Order,
SNC shall complete an independent assessment of the effectiveness of
prior corrective actions since 2011 and an assessment of adverse trends
that are associated with SGI incidents at SNC fleet facilities and the
SNC corporate office. The results of this assessment shall be made
available for NRC review.
m. At approximately 18 months after the issuance date of the CO,
SNC shall conduct an effectiveness review of the required actions
documented in Section V of this CO and those Corrective Action Reports
(CARs) identified in Technical Evaluation (TE) 984092. SNC shall make
available to the NRC the results of this review and its proposed
actions to address any identified performance gaps.
4. For future NRC civil penalty assessment purposes, this CO shall
be considered an escalated enforcement
[[Page 1247]]
action for the FNP (50-348, 50-364) dockets only.
5. The NRC concludes that the security significance of the SGI
incident, including the deliberate aspects is consistent with escalated
enforcement as described in the NRC Enforcement Policy. Additionally, a
civil penalty would likely have been proposed, consistent with the
Enforcement Policy civil penalty assessment approach. However, in
consideration of the commitments delineated in Section V of this CO,
the NRC agrees not to cite the violation, and agrees not to propose a
civil penalty for all matters discussed in the NRC's IR to SNC dated
July 27, 2018 (EA-18-032).
6. Upon completion of the terms of items of the CO, SNC shall
provide the NRC with a letter discussing its basis for concluding that
the CO has been satisfied.
7. The NRC and SNC agree that the above elements shall be
incorporated into issuance of a Confirmatory Order.
8. This agreement is binding upon successors and assigns of SNC.
On January 9, 2019, SNC consented to issuance of this Confirmatory
Order with the commitments, as described in Section V below. SNC
further agreed that this Confirmatory Order is to be effective upon
issuance and that it has waived its right to a hearing.
IV
Because SNC 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 CO.
I find that SNC'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
SNC's commitments be confirmed by this CO. Based on the above and SNC's
consent, this CO is effective upon 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 and 10 CFR part 50, IT IS
HEREBY ORDERED, THAT LICENSE NOS. NPF-2, NPF-8, DPR-57, NPF-5, NPF-68,
NPF-81, NPF-91, AND NPF-92 ARE MODIFIED AS FOLLOWS:
1. SNC agrees to implement the following corrective actions and
enhancements:
a. Within 4 months of the issuance date of the Confirmatory Order
(CO), SNC shall revise procedures to periodically and randomly audit
SGI records to determine compliance with existing procedures and
regulatory requirements. At a minimum, three random audits of SGI
records shall be performed at each SNC nuclear plant each year, for a
period of three years from the date of issuance of this CO. Identified
deficiencies shall be entered into the CAP for tracking corrective
actions to completion, consistent with existing SGI requirements. The
audit shall be conducted by personnel knowledgeable of SGI, independent
from the station. The results of such audits shall be made available
for NRC review.
b. Upon issuance of the CO, SNC shall maintain applicable SGI
procedures to provide specific direction for transporting SGI away from
the Protected Area and Owner Controlled Area of an SNC facility,
including packaging requirements and guidance on positive controls on
business travel that may involve an overnight stay, consistent with
NMP-AD-013-003, ``Physical Protection of Safeguards Information
(SGI),'' revision 5.1.
c. Upon issuance of the CO, SNC shall maintain applicable SGI
procedures to ensure that SGI handling requires the conduct of a pre-
job brief for all qualified individuals requesting to check out SGI for
use, consistent with NMP-AD-013-003, ``Physical Protection of
Safeguards Information (SGI),'' revision 5.1.
d. Internal Communication:
i. Within 2 months of the issuance date of the Confirmatory Order,
an SNC senior executive shall develop a Communication (either verbal,
written, electronic, or video) describing the circumstances leading to
this CO, explain that willful violations will not be tolerated, and,
that as a result, SNC shall be undertaking efforts to confirm whether
individuals are engaging in such conduct at any of its sites. The
Communication shall stress the importance of procedural use and
adherence and ensuring that documents are complete and accurate. The
Communication shall also stress the potential consequences for engaging
in willful noncompliance. This message shall be balanced with the
recognition that people do make mistakes, and when that happens action
shall be taken by SNC to address the mistake. The contents of this
communication shall be retained and made available for NRC review
consistent with the terms of this CO.
ii. Within 6 months of the completion of Section V.1.d.i, this
Communication will be provided to all SNC employees and contractors
with unescorted access authorization to the SNC operating sites. Each
recipient of the Communication referenced in Section V.1.d.i shall read
and sign a ``commitment to compliance'' statement included with the
Communication (subject to any collective bargaining obligations that
may apply).
iii. Within 2 months of the completion of Section V.1.d.i, and for
three years following the issuance of this CO, this Communication will
be provided to all individuals receiving unescorted access
authorization to the SNC operating sites.
iv. With respect to the Vogtle 3&4 site:
1. Within 6 months of the completion of Section V.1.d.i, and for a
period of 3 years from the date of the CO, SNC supervisors and above
shall receive the Communication referenced in Section V.1.d.i. Each
recipient of the Communication referenced in Section V.1.d.i shall read
and sign a ``commitment to compliance'' statement included with the
Communication (subject to any collective bargaining obligations that
may apply). During this 3 year period individuals promoted to a
supervisory position shall receive the Communication and read and sign
the ``commitment to compliance'' statement.
2. The contractor superintendents covered by this paragraph will
include those who are superintendents when SNC initiates actions
described in Section V.1.d.iv.1. Within a period of 6 months from the
date of issuance of this CO, all contractor superintendents and above
who have fitness for duty or unescorted access authorization to the
controlled construction area will receive the Communication and read
and sign the ``commitment to compliance'' statement included with the
Communication referenced in Section V.1.d.i above. Additionally,
contractor personnel covered by Section V.1.d.iv.2 shall commit to
inform their reports of the contents of the Communication.
3. Within 2 months of the completion of Section V.1.d.i and for
three years following the issuance of this CO, all individuals
receiving fitness for duty or unescorted access authorization to the
controlled construction area will receive the Communication prior to
the granting of access.
e. Within 6 months of the issuance date of the Confirmatory Order
and at 12 month intervals thereafter, SNC shall complete retraining of
all SNC SGI custodians regarding SGI control,
[[Page 1248]]
access, receipt, transportation, inventory, transmittal, and storage.
f. Upon issuance of the CO, SNC shall maintain SGI procedures
regarding storage of SGI originating from other permanent repositories
and the inventory of SGI, consistent with NMP-AD-013-003, ``Physical
Protection of Safeguards Information (SGI),'' revision 5.1.
g. Upon issuance of the CO, SNC shall maintain certain sections of
SGI procedures as ``reference use'' (i.e., the procedure is required to
be present when performing the associated action steps) consistent with
NMP-AD-013-003, ``Physical Protection of Safeguards Information
(SGI),'' revision 5.1, and NMP-AD-013-005, ``Transmittal and Receipt of
Safeguards Information (SGI),'' revision 3.0.
h. Within 12 months from the date of this Confirmatory Order, SNC
shall deliver a presentation describing the event that formed the basis
for this violation and including corporate and site oversight, and
accountability responsibilities. The presentation shall also emphasize
procedural adequacy, procedural adherence, and the need for management
ownership of integrity issues. The presentation shall be delivered at
one of the following: the Nuclear Security Working Group Meeting, the
Security/Emergency Preparedness Summit, the NRC's Regulatory
Information Conference, the NEI Regulatory Affairs Forum, or the ANS
Utility Working Group Conference. In the event that SNC cannot deliver
a presentation at one of the aforementioned events, SNC shall seek
approval from the NRC for an alternative venue. The presentation shall
be made available for NRC review.
i. Within 4 months of the issuance date of the Confirmatory Order,
SNC shall revise procedures to require that all transportation of SGI
material outside of the owner controlled area shall require approval by
an SNC Corporate Security Manager.
j. Within 3 months from the date of this Confirmatory Order, SNC
shall revise procedures to provide additional instruction following an
incident having the potential for a Part 73 green or higher violation.
The instruction shall require that an SNC Security organization not
involved in the event provides oversight in determining the proper
corrective action program response (e.g., corporate led security
investigation or fact finding). Documentation shall be retained and
made available for NRC review consistent with the terms of this order.
k. Within 9 months of the issuance date of the Confirmatory Order,
SNC shall conduct a benchmarking activity of at least two other non-SNC
entities which handle SGI, for the purposes of determining best
practices related to the SGI program. Based on the best practices
identified by SNC, SNC shall revise program elements to facilitate SGI
program improvements. The results of such benchmarking shall be made
available for NRC review.
l. Within 6 months of the issuance date of the Confirmatory Order,
SNC shall complete an independent assessment of the effectiveness of
prior corrective actions since 2011 and an assessment of adverse trends
that are associated with SGI incidents at SNC fleet facilities and the
SNC corporate office. The results of this assessment shall be made
available for NRC review.
m. At approximately 18 months after the issuance date of the CO,
SNC shall conduct an effectiveness review of the required actions
documented in section 5 of this CO and those Corrective Action Reports
(CARs) identified in Technical Evaluation (TE) 984092. SNC shall make
available to the NRC the results of this review and its proposed
actions to address any identified performance gaps.
2. Upon completion of the terms of items of the CO, SNC shall
provide the NRC with a letter discussing its basis for concluding that
the CO has been satisfied.
3. The NRC and SNC agree that the above elements shall be
incorporated into issuance of a Confirmatory Order.
4. The Regional Administrator, NRC Region II, may relax or rescind,
in writing, any of the above conditions upon a showing by SNC of good
cause.
5. This agreement is binding upon successors and assigns of SNC.
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this CO, other than SNC, may request a hearing
within 30 calendar days of the date of issuance of this CO. Where good
cause is shown, consideration will be given to extending the time to
request a hearing. A request for extension of time must be made in
writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, and include a statement of good cause
for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007, as amended at 77 FR 46562, August 3, 2012). 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 request
(1) a digital identification (ID) certificate, which allows the
participant (or its counsel or representative) to digitally sign
documents and access the E-Submittal server for any proceeding in which
it is participating; and (2) advise the Secretary that the participant
will be submitting a request or petition for hearing (even in instances
in which the participant, or its counsel or representative, already
holds an NRC-issued digital ID certificate). Based upon this
information, the Secretary will establish an electronic docket for the
hearing in this proceeding if the 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 https://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
https://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 Electronic Filing 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
(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,
[[Page 1249]]
is available on the NRC's public Web site at https://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 (PDF) in accordance
with NRC guidance available on the NRC public Web site at https://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, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC Web
site at https://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 Electronic Filing Help Desk is available between 9 a.m. and 6 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
stating why there is good cause for not filing 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, 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
https://adams.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If a person (other than SNC) requests a hearing, that person shall
set forth with particularity the manner in which his interest is
adversely affected by this CO and shall address the criteria set forth
in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this CO 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 from the date of
this CO 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.
[FR Doc. 2019-00688 Filed 1-31-19; 8:45 am]
BILLING CODE 7590-01-P