[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3800-3804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1502]



[[Page 3800]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0017]


Accurate NDE & Inspection, LLC; Confirmatory Order

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In the Matter of Accurate NDE &             Docket: 150-00017, General
 Inspection, LLC Broussard, Louisiana.       License Pursuant to 10 CFR
                                             150.20, EA-11-043
------------------------------------------------------------------------
(Effective Immediately)

I

    Accurate NDE & Inspection, LLC, (Accurate NDE or Licensee) is the 
holder of a general license issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission) pursuant to 10 CFR 150.20. This general 
license was granted to Accurate NDE at various times during calendar 
years between 2005 and 2011.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on September 28, 2011, in Baton Rouge, Louisiana.

II

    On May 26, 2010, the NRC conducted a special inspection of licensed 
activities involving the use of byproduct material for industrial 
radiography conducted under a general license pursuant to the 
provisions of 10 CFR 150.20. The inspection was conducted in response 
to an event that occurred on March 15, 2010, involving the loss of a 
sealed source of iridium-192 while performing licensed activities in 
offshore Federal waters. On June 28, 2010, the NRC's Office of 
Investigations, Region IV, began an investigation (Case 4-2010-062) to 
determine if Accurate NDE, a State of Louisiana licensee, willfully 
failed to follow Louisiana license and NRC regulatory requirements. By 
letter dated July 28, 2011, the NRC transmitted the results of the 
inspection and investigation in NRC Inspection Report 150-00017/2010-
002 and Investigation Report 4-2010-062 (ML11209B523) to Accurate NDE. 
Based on the results of the NRC inspection and investigation, the NRC 
determined that five apparent violations of NRC requirements had 
occurred. The apparent violations involved failures to: (1) Comply with 
the terms of an Agreement State license that requires the licensee to 
follow its operating procedures, which prohibit radiographers from 
attempting to retrieve a disconnected source without notifying the 
radiation safety officer (RSO); (2) maintain accurate information 
concerning personnel monitoring; (3) wear personnel dosimeters at all 
times while performing radiographic operations; (4) conduct a radiation 
survey when a radiographic exposure device is placed into storage; and 
(5) immediately report the loss of a sealed source of radiation. In 
addition, the NRC is concerned that willfulness may be associated with 
the apparent failure to follow the operating procedure that prohibits a 
radiographer from attempting to retrieve a disconnected radiography 
source without notifying the RSO, and the apparent failure to maintain 
accurate personnel monitoring information.
    In the July 28 letter, the NRC informed Accurate NDE that the NRC 
was considering escalated enforcement action for the apparent 
violations. The NRC offered Accurate NDE the opportunity to request a 
predecisional enforcement conference or request ADR with the NRC in an 
attempt to resolve issues associated with this matter. In response, on 
August 9, 2011, Accurate NDE requested ADR to resolve this matter with 
the NRC.
    On September 28, 2011, the NRC and Accurate NDE representatives met 
in an ADR session with a professional mediator, arranged through the 
Cornell University Institute on Conflict Resolution. ADR is a process 
in which a neutral mediator with no decision-making authority assists 
the parties in reaching an agreement on resolving any differences 
regarding the dispute. This Confirmatory Order is issued pursuant to 
the agreement reached during the ADR process.

III

    In response to the NRC's offer, Accurate NDE requested use of the 
NRC ADR process to resolve differences it had with the NRC. During that 
ADR session, a preliminary settlement agreement was reached. The 
elements of the agreement consisted of the following:
    The NRC recognizes the corrective actions that Accurate NDE has 
already implemented associated with the apparent violations, which 
include:
     Short-term corrective actions that included training 
provided to the radiography staff by the RSO on operating procedures 
specific to source disconnect events.
     Posting on the offshore platform that included a warning 
plaque, stating that a radioactive source was lost below the platform.
     Provided training to radiography staff during the annual 
refresher training conducted in October 2010 and the safety meeting 
conducted in June 2011.
    Accurate NDE has also agreed to take the following corrective 
actions to address the apparent violations:
    A. Accurate NDE will establish a comprehensive training program 
with the goal of deterring future willful violations by ensuring that 
its employees understand the importance that the NRC places on 
violations that are caused by deliberate misconduct, as well as 
violations caused by careless disregard. Therefore, in addition to 
discussing deliberate misconduct and careless disregard, the training 
will also stress the importance of knowing the procedural and 
regulatory requirements that apply to the work activities and knowing 
when to stop and verify what the correct action to take is before 
proceeding in the work activity. The training program will consist of 
training for all the current and newly hired employees performing NRC-
licensed activities and provide for annual refresher training. Accurate 
NDE will complete the following activities for the training program:
    1. Initial Training Requirements for Current Employees:
     Within 60 days of the issuance date of this Confirmatory 
Order, Accurate NDE will contract with an external contractor to 
provide training to all of its current employees who are engaged in 
NRC-licensed activities (up to and including the company president) on 
what is meant by willfulness and the potential enforcement sanctions 
that the NRC may take against employees who engage in deliberate 
misconduct.
     At least 15 days prior to the date that Accurate NDE 
intends to execute a contract with the external contractor, Accurate 
NDE will submit, for NRC review and approval, the resume of the 
contractor recommended to perform the training.
     At least 15 days prior to the start of the training, but 
no later than 30 days after executing the contract with the external 
training contractor, Accurate NDE will submit, for NRC review and 
approval, an outline of the topics to be covered during this training 
session.
     The initial training must be completed for all current 
employees, within 45 days of NRC's approval of the outline of course 
topics.
     Accurate NDE will assess the effectiveness of the training 
through written testing. Any employee not passing the test will receive 
remedial training and will be re-tested. Within 30 days of completing 
the initial training for all current employees, Accurate NDE will 
provide to the NRC (1) a letter stating that the training, as specified

[[Page 3801]]

above, has been completed and (2) the results of the employee testing 
process.
    2. Initial Training for New Employees and Annual Refresher 
Training:
     Within 120 days of the issuance date of this Confirmatory 
Order, Accurate NDE will submit for NRC review and approval, the 
Training Program and associated procedure(s) that describe the initial 
training that must be provided to new employees who will be conducting 
NRC-licensed activities and the annual refresher training that will be 
conducted for those employees who are performing NRC-licensed 
activities. The Accurate NDE President or RSO may conduct the initial 
training for new employees or the annual refresher training. The 
submittal to the NRC will include (1) an outline of the topics to be 
covered during the initial training and the refresher training 
sessions, (2) any procedure(s) that provide guidance on how the 
Training Program is conducted, and (3) details of the testing that will 
be conducted to evaluate the effectiveness of the training.
    3. Training Program Requirements: The training for the current 
employees, new employees and annual refresher training will include the 
following elements:
     The training will include the elements of willfulness 
discussed in the NRC Enforcement Manual (Chapter 6) and will include 
some examples of enforcement actions the NRC has taken against 
individuals (which are publicly available on the NRC's Web site).
     The training must include the requirements contained in 10 
CFR 30.9, ``Completeness and Accuracy of Information''; 10 CFR 30.10, 
``Deliberate Misconduct''; and 10 CFR 30.7, ``Employee Protection.''
     The training will include discussion of the willful issues 
discussed in the NRC's Notice of Violation and Proposed Imposition of 
Civil Penalty issued to Accurate NDE on March 20, 2007, and the willful 
issues discussed in NRC Inspection Report 150-00017/2010-002 issued to 
Accurate NDE on July 28, 2011.
     The training will include a discussion on the following 
topics: (1) The importance of following and complying with licensee 
procedures during off-normal events; (2) the importance of compliance 
with NRC regulations and licensee procedures; and (3) past radiography 
events that have resulted in overexposures to individuals, including 
the health effects of such overexposures.
     The training will include a discussion of the NRC's policy 
statement on safety culture and employees must be provided with a copy 
of the policy statement as contained in NUREG/BR-0500.
     Training will emphasize the requirements of what 
radiographers must do if required equipment does not function while 
they are conducting radiography in offshore waters (e.g., survey meter, 
pocket dosimeter, alarming rate meter, locks on the dark room).
    4. Record Requirements:
     Records of the training and the test results will be 
maintained for 5 years and will be made available to the NRC, if 
requested.
    B. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit for NRC review and approval, a 
procedure for conducting field audits of radiography crews performing 
work in offshore waters. When possible, the audits must be unannounced. 
The RSO or an appropriate company manager must conduct an audit of the 
job performance of each radiographer and radiographer assistant during 
an actual industrial radiographic operation in offshore waters, at 
intervals not to exceed 6 months, while there is work being performed 
under NRC jurisdiction. The procedure must contain the elements the 
audit will review. Records of audits and audit findings shall be 
maintained for 5 years and made available to the NRC, if requested.
    C. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit for NRC review and approval a 
procedure for conducting radiography safely in offshore waters. The NRC 
will review the submitted procedure to ensure it contains the following 
elements:
    1. A requirement that the radiography crew must ALWAYS contact the 
Accurate NDE RSO or a qualified individual designated by the Accurate 
NDE President, before attempting any source retrieval, no matter if the 
source is determined to be inside or outside of the guide tube;
    2. A requirement to ensure that, for crews performing work in 
offshore waters, at least one radiographer who is qualified to perform 
source retrievals will be assigned to the crew and will be physically 
present while radiography is being conducted;
    3. A provision that, after contacting the RSO or qualified 
individual and obtaining authorization, the radiographer who is 
qualified to perform source retrievals may perform source retrievals as 
directed by the RSO or a qualified individual designated by the 
Accurate NDE President;
    4. A qualification program to be provided to train radiographers on 
source retrieval. Additionally, a description of some of the general 
methods, which qualified radiographers may use to perform source 
retrievals, will be included;
    5. A requirement that a checklist be completed, which lists all 
equipment that must be taken to jobs in offshore waters, and that the 
equipment be functionally checked prior to leaving to perform work in 
offshore waters (e.g., survey meters, dosimetry, crank out cables, 
security devices);
    D. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit for NRC review and approval, a 
procedure describing the training that will be conducted for the 
Accurate NDE RSO and any other manager designated to be on-call, 
providing details on the NRC notification and reporting requirements 
contained in 10 CFR 20.2201 and 20.2202, 10 CFR 30.50, and 10 CFR 
34.101. The training must be conducted prior to any new individual 
assuming duties of the RSO or as manager on-call, and the training must 
be conducted within 30 days of NRC approval of the training procedure 
for the current RSO and any managers that may be on-call. This training 
may be conducted internally, as directed by the Accurate NDE President. 
Records of this training will be maintained for 5 years and made 
available to the NRC, if requested.
    E. Beginning January 1, 2013, Accurate NDE shall submit to the NRC 
a copy of each procedure used when performing radiography activities 
within NRC jurisdiction, and each procedure used to train personnel who 
perform radiography activities within NRC jurisdiction. Starting in 
2013, the procedures shall be submitted to the NRC annually by January 
31st of each year for 5 years.
    F. Accurate NDE shall pay a civil penalty in the amount of $13,500. 
This civil penalty shall be made in twelve equal payments of $1,125. 
The first payment shall be made within 30 days of the issuance date of 
this Confirmatory Order. The remaining 11 payments shall be made in 
equal payments each month thereafter.
    G. After Accurate NDE receives the NRC reviewed and approved 
procedures specified in Items B through D, Accurate NDE shall implement 
and comply with the approved procedures when performing work under NRC 
jurisdiction. The approved procedures, and any subsequent procedural 
revisions, will remain binding upon Accurate NDE when performing work 
under NRC jurisdiction for a period of

[[Page 3802]]

10 years from the date of the Confirmatory Order.
    The NRC will endeavor to complete all reviews of submitted 
procedures, training programs, and other documents in a timely manner. 
If the NRC does not approve a required submittal and Accurate NDE 
believes that the disapproval is unwarranted, Accurate NDE may address 
the disapproval with the Director, Division of Nuclear Materials 
Safety, U.S. NRC Region IV.
    On December 7, 2011, Accurate NDE consented to issuing this Order 
with the commitments, as described in Section V below. Accurate NDE 
further agreed that this Order is to be effective upon issuance and 
that it has waived its right to a hearing.

IV

    Since Accurate NDE 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 Accurate NDE'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 
the Licensee's commitments be confirmed by this Order. Based on the 
above and Accurate NDE'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, 2.205, and 10 CFR Parts 20, 30, 34, and 
150, it is hereby ordered, effective immediately, that:
    A. Accurate NDE will establish a comprehensive training program 
with the goal of deterring future willful violations by ensuring that 
its employees understand the importance that the NRC places on 
violations that are caused by deliberate misconduct, as well as 
violations caused by careless disregard. Therefore, in addition to 
discussing deliberate misconduct and careless disregard, the training 
will also stress the importance of knowing the procedural and 
regulatory requirements that apply to the work activities and knowing 
when to stop and verify what the correct action to take is before 
proceeding in the work activity. The training program will consist of 
training for all the current and newly hired employees performing NRC-
licensed activities and provide for annual refresher training. Accurate 
NDE will complete the following activities for the training program:
    1. Initial Training Requirements for Current Employees:
    a. Within 60 days of the issuance date of this Confirmatory Order, 
Accurate NDE will contract with an external contractor to provide 
training to all of its current employees who are engaged in NRC-
licensed activities (up to and including the company president) on what 
is meant by willfulness and the potential enforcement sanctions that 
the NRC may take against employees who engage in deliberate misconduct.
    b. At least 15 days prior to the date that Accurate NDE intends to 
execute a contract with the external contractor, Accurate NDE will 
submit, for NRC review and approval, the resume of the contractor 
recommended to perform the training.
    c. At least 15 days prior to the start of the training, but no 
later than 30 days after executing the contract with the external 
training contractor, Accurate NDE will submit for NRC review and 
approval, an outline of the topics to be covered during this training 
session.
    d. The initial training must be completed for all current 
employees, within 45 days of NRC's approval of the outline of course 
topics.
    e. Accurate NDE will assess the effectiveness of the training 
through written testing. Any employee not passing the test will receive 
remedial training and will be retested. Within 30 days of completing 
the initial training for all current employees, Accurate NDE will 
provide to the NRC (1) a letter stating that the training, as specified 
above, has been completed and (2) the results of the employee testing 
process.
    2. Initial Training for New Employees and Annual Refresher 
Training:
     Within 120 days of the issuance date of this Confirmatory 
Order, Accurate NDE will submit, for NRC review and approval, the 
Training Program and associated procedure(s) that describe the initial 
training that must be provided to new employees who will be conducting 
NRC-licensed activities and the annual refresher training that will be 
conducted for those employees who are performing NRC-licensed 
activities. The Accurate NDE President or RSO may conduct the initial 
training for new employees or the annual refresher training. The 
submittal to the NRC will include: (1) An outline of the topics to be 
covered during the initial training and the refresher training 
sessions, (2) any procedure(s) that provide guidance on how the 
Training Program is conducted, and (3) details of the testing that will 
be conducted to evaluate the effectiveness of the training.
    3. Training Program Requirements: The training for current 
employees, new employees and annual refresher training will include the 
following elements:
    a. The training will include the elements of willfulness discussed 
in the NRC Enforcement Manual (Chapter 6) and will include some 
examples of enforcement actions the NRC has taken against individuals 
(which are publicly available on the NRC's Web site).
    b. The training must include the requirements contained in 10 CFR 
30.9, ``Completeness and Accuracy of Information''; 10 CFR 30.10, 
``Deliberate Misconduct''; and 10 CFR 30.7, ``Employee Protection.''
    c. The training will include discussion of the willful issues 
discussed in the NRC's Notice of Violation and Proposed Imposition of 
Civil Penalty issued to Accurate NDE on March 20, 2007, and the willful 
issues discussed in NRC Inspection Report 150-00017/2010-002 issued to 
Accurate NDE on July 28, 2011.
    d. The training will include a discussion on the following topics: 
(1) The importance of following and complying with licensee procedures 
during off-normal events; (2) the importance of compliance with NRC 
regulations and licensee procedures; and (3) past radiography events 
that have resulted in overexposures to individuals, including the 
health effects of such overexposures.
    e. The training will include a discussion of the NRC's policy 
statement on safety culture and employees must be provided with a copy 
of the policy statement as contained in NUREG/BR-0500.
    f. Training will emphasize the requirements of what radiographers 
must do if required equipment does not function while they are 
conducting radiography in offshore waters (e.g., survey meter, pocket 
dosimeter, alarming rate meter, locks on the dark room).
    4. Record Requirements:
     Records of the training and the test results will be 
maintained for 5 years and will be made available to the NRC, if 
requested.
    B. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit for NRC review and approval, a 
procedure for conducting field audits of radiography crews working in 
offshore waters. When possible, the audits must be unannounced. The RSO 
or an appropriate company manager must conduct an audit of the job 
performance

[[Page 3803]]

of each radiographer and radiographer assistant during an actual 
industrial radiographic operation in offshore waters, at intervals not 
to exceed 6 months, while there is work being performed under NRC 
jurisdiction. The procedure must contain the elements the audit will 
review. Records of audits and audit findings shall be maintained for 5 
years and made available to the NRC, if requested.
    C. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit for NRC review and approval a 
procedure for conducting radiography safely in offshore waters. The NRC 
will review the submitted procedure to ensure it contains the following 
elements:
    1. A requirement that the radiography crew must ALWAYS contact the 
Accurate NDE RSO or a qualified individual designated by the Accurate 
NDE President, before attempting any source retrieval, no matter if the 
source is determined to be inside or outside of the guide tube;
    2. A requirement to ensure that, ensure that, for crews performing 
work in offshore waters, at least one radiographer who is qualified to 
perform source retrievals will be assigned to the crew and will be 
physically present while radiography is being conducted;
    3. A provision that, after contacting the RSO or qualified 
individual and obtaining authorization, the radiographer who is 
qualified to perform source retrievals, may perform source retrievals 
as directed by the RSO or a qualified individual designated by the 
Accurate NDE President;
    4. A qualification program be provided to train radiographers on 
source retrieval. Additionally, a description of some of the general 
methods that qualified radiographers may use to perform source 
retrievals will be included;
    5. A requirement that a checklist be completed, which lists all 
equipment that must be taken to jobs in offshore waters, and that the 
equipment be functionally checked prior to leaving to perform work in 
offshore waters (e.g., survey meters, dosimetry, crank out cables, 
security devices);
    D. Within 90 days of the issuance date of this Confirmatory Order, 
Accurate NDE will develop and submit, for NRC review and approval, a 
procedure describing the training that will be conducted for the 
Accurate NDE RSO and any other manager designated to be on-call, 
providing details on the NRC notification and reporting requirements 
contained in 10 CFR 20.2201 and 20.2202, 10 CFR 30.50, and 10 CFR 
34.101. The training must be conducted prior to any new individual 
assuming duties of the RSO or as manager on-call, and the training must 
be conducted within 30 days of NRC approval of the training procedure 
for the current RSO and any managers that may be on-call. This training 
may be conducted internally, as directed by the Accurate NDE President. 
Records of this training will be maintained for 5 years and made 
available to the NRC, if requested.
    E. Beginning January 1, 2013, Accurate NDE shall submit to the NRC 
a copy of each procedure used when performing radiography activities 
within NRC jurisdiction, and each procedure used to train personnel who 
perform radiography activities within NRC jurisdiction. Starting in 
2013, the procedures shall be submitted to the NRC annually by January 
31st of each year for 5 years.
    F. Accurate NDE shall pay a civil penalty in the amount of 
$13,500.00. This civil penalty shall be made in twelve equal payments 
of $1,125.00. The first payment shall be made within 30 days of the 
issuance date of this Confirmatory Order. The remaining 11 payments 
shall be made in equal payments each month thereafter.
    G. After Accurate NDE receives the NRC-reviewed and approved 
procedures specified in Items B through D, Accurate NDE shall implement 
and comply with the approved procedures when performing work under NRC 
jurisdiction. The approved procedures, and any subsequent procedural 
revisions, will remain binding upon Accurate NDE when performing work 
under NRC jurisdiction for a period of 10 years from the issuance date 
of this Confirmatory Order.
    The Regional Administrator, NRC Region IV, may, in writing, relax 
or rescind any of the above conditions upon demonstration by the 
Licensee of good cause. The NRC will endeavor to complete all reviews 
of submitted procedures, training programs, and other documents in a 
timely manner. If the NRC does not approve a required submittal and 
Accurate NDE believes that the disapproval is unwarranted, Accurate NDE 
may address the disapproval with the Director, Division of Nuclear 
Materials Safety, US NRC Region IV.

VI

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
publication in the Federal Register. 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). 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 hearing.docket@nrc.gov, 
or by telephone at (301) 415-1677, to request (1) 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/apply-certificates.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.

[[Page 3804]]

    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 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. 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 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 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 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 email at 
MSHD.Resource@nrc.gov, 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://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, 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 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 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 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 20 days from the date this 
Confirmatory Order is published in the Federal Register 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.
    A Request for Hearing Shall Not Stay the Immediate Effectiveness of 
this Order.

    For the Nuclear Regulatory Commission.

    Dated this 19th day of December, 2011.
Elmo E. Collins,
Administrator, NRC Region IV.
[FR Doc. 2012-1502 Filed 1-24-12; 8:45 am]
BILLING CODE 7590-01-P