[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Pages 52067-52072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21214]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 150-00017; NRC-2012-0200]


In the Matter of Quality Inspection and Testing, Inc., New 
Iberia, LA; General License Pursuant to 10 CFR 150.20 EA-11-124; 
Confirmatory Order (Effective Immediately)

I

    Quality Inspection & Testing, Inc. (QIT), is the holder of a 
general license issued by the U.S. Nuclear Regulatory Commission (NRC 
or Commission) pursuant to Sec.  150.20 of Title 10 of the Code of 
Federal Regulations (10 CFR). This general license was granted to QIT 
at various times during calendar years 2010 and 2011. This Confirmatory 
Order is the result of an agreement reached during an alternative 
dispute resolution (ADR) mediation session conducted on June 27, 2012, 
at the NRC Region IV office in Arlington, Texas.

II

    On October 27, 2010, the NRC conducted an inspection at a temporary 
job site located near Rock Springs, Wyoming. As a result of this 
inspection, QIT conducted an internal investigation and reported the 
results to the NRC in a letter dated January 27, 2011 (ML110940552). In 
response to QIT's investigation results, the NRC issued a Confirmatory 
Action Letter (CAL-4-11-001) on February 11, 2011 (ML110420261). QIT 
responded to the Confirmatory Action Letter in a letter dated February 
15, 2011 (ML110530442). In addition, the NRC Office of Investigations 
(OI), Region IV, conducted an investigation (Case 4-2011-031).
    By letter dated June 5, 2012, the NRC transmitted the results of 
the inspection and investigation in NRC Inspection Report 150-00017/
2010-004 and Investigation Report 4-2011-031 [Reference redacted, not 
publicly available]. Based on the results of the inspection and 
investigation, the NRC determined that four apparent violations of NRC 
requirements had occurred. The apparent violations involved failure to: 
(1) Control and maintain constant surveillance of licensed material 
that is not in storage as required by 10 CFR 20.1802; (2) comply with 
security-related requirements as discussed in the Appendix to this 
Order; (3) wear, on the trunk of the body, a direct reading dosimeter, 
operating alarm ratemeter and a personal dosimeter while conducting 
radiographic operations in accordance with the requirements of 10 CFR 
34.47(a); and (4) maintain copies of the specified records and 
documents required at a temporary jobsite as required by 10 CFR 
34.89(b). Furthermore, the NRC is concerned that willfulness may be 
associated with the first three apparent violations. Finally, the 
inspection and investigation evidence also provided the basis for NRC 
identified apparent security violations of NRC requirements. The 
violations are described in the Appendix to this Order. (The Appendix 
includes Security-Related information; therefore, it is not publicly 
available.)

[[Page 52068]]

    In the June 5, 2012, letter, the NRC informed QIT that the NRC was 
considering escalated enforcement action for the apparent violations. 
The NRC offered QIT the opportunity to request a predecisional 
enforcement conference (PEC) or request alternative dispute resolution 
(ADR) with the NRC in an attempt to resolve issues associated with this 
matter. In response, on June 13, 2012, QIT requested ADR to resolve 
this matter with the NRC.
    On June 27, 2012, the NRC and QIT representatives met in an ADR 
session with 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 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, QIT 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 associated with the 
apparent violations that QIT has already implemented, which include:
     Conducting an internal investigation into the issues 
identified by the NRC, and documenting the results of that 
investigation in a letter to the NRC dated January 27, 2011 
(ML110940552).
     Appointing a full-time radiation safety officer (RSO) for 
QIT's Northwest Region on December 3, 2010, and giving the RSO full 
authority to enforce the QIT radiation safety program for personnel in 
the region.
     Holding a meeting with all radiography personnel promptly 
after the NRC inspection to communicate the inspection findings.
     Amending radiography policies and procedures to require 
the RSO to ensure all vehicles used in radiographic operations are 
equipped with the required documents and equipment prior to use.
     Retraining and testing all radiography personnel on QIT's 
Operating and Emergency Procedures, with emphasis on the duties and 
responsibilities of radiographers, dosimetry requirements, and a 
security-related issue discussed in the Appendix to this Confirmatory 
Order.
     Conducting weekly field audits to ensure employees follow 
the required company, state, and federal requirements.
     Granting ``stop-work'' authority to all radiography 
personnel who identify that radiography is being conducted in violation 
of the requirements.
    QIT also agreed to take the following actions to address the 
apparent violations:
    A. Within 30 days of the date of the Confirmatory Order, QIT will 
issue a company policy statement to its employees regarding how 
unacceptable deliberate violations are, the importance of maintaining 
security over licensed material, and the ethics of complying with 
regulatory requirements. A copy of the policy statement will be 
provided to the NRC.
    B. Within 30 days of the date of the Confirmatory Order, the 
president of QIT will issue a personal letter to employees regarding 
his expectations in identifying and communicating concerns to QIT 
management, as well as overall compliance with NRC regulations.

C. Training Requirements

    QIT will enhance its training program for employees conducting 
radiographic operations. The goal of the changes is to conduct licensed 
operations safely and to deter future deliberate violations by ensuring 
that employees (including licensee managers) understand the importance 
the NRC places on violations associated with deliberate misconduct and 
careless disregard. The program will consist of training for all 
current and newly hired employees performing licensed activities and 
provide for annual refresher training. QIT will complete the following 
activities in support of the training program:
1. Training for Current Employees.
    (a) Within 60 days of the date of the Confirmatory Order, QIT will 
contract with an external contractor to assist in the development of a 
QIT training program regarding the NRC Enforcement process. The 
external contractor will work with a QIT management representative. 
This QIT training program will address, at a minimum, the types of 
willfulness (careless disregard and deliberate misconduct), the 
potential criminal sanctions that the Department of Justice may take, 
and the potential enforcement sanctions that the NRC may take against 
employees who engage in deliberate misconduct. The QIT management 
representative, who participated in the development of the program, 
will retain responsibility for providing training based on the program 
to all QIT employees who engage in NRC-licensed activities.
    (b) At least 15 days before the time that QIT intends to execute 
the contract with the external contractor, QIT will submit for NRC 
review and approval, the resume of the contractor proposed to develop 
and perform the training described in Item C.1.a. above.
    (c) At least 15 days prior to the start of training, but no later 
than 30 days after executing the contract with the external training 
contractor, QIT will submit for NRC review and approval an outline of 
the topics to be covered during the training session. The training will 
include the topics identified in Section C.3. of the Confirmatory 
Order.
    (d) The training for managers will be completed within 60 days of 
the NRC's approval of the outline of the course topics. The training 
for managers will be provided by the external contractor. The training 
for current employees will be completed within 120 days of the NRC's 
approval of the outline of the course topics.
    (e) QIT will assess the effectiveness of the training through 
written testing. Any employee that does not pass the test will receive 
remedial training and be retested. Within 30 days of completing the 
training for all current employees, QIT will provide to the NRC: (1) A 
letter stating that the training as specified is complete and (2) the 
results of the employee testing process.
2. Training for New Employees and Annual Refresher
    Within 120 days of the date of the Confirmatory Order, QIT will 
submit for NRC approval, the training program described in sections C.1 
and C.3 along with associated procedure(s) that describe the initial 
training which 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 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 contractor identified in C.1 will also make enhancements to 
QIT's established training program. The training procedures for the 
current employees, new employees and annual refresher training will be 
modified to include the following elements:

[[Page 52069]]

    (a) A discussion of the NRC's policy statement on safety culture 
[76 FR 34773] and QIT management's support of that policy. Employees 
will be provided a copy of NUREG/BR-0500, ``Safety Culture Policy 
Statement.''
    (b) Elements of willfulness discussed in Chapter 6 of the NRC 
Enforcement Manual, including examples of enforcement actions that the 
NRC has taken against individuals (publicly available on the NRC's Web 
site).
    (c) Potential criminal sanctions that the Department of Justice may 
take against individuals for deliberate misconduct.
    (d) Requirements of 10 CFR 30.10, ``Deliberate Misconduct''; and 10 
CFR 30.7 ``Employee Protection.''
    (e) Instruction on the importance of understanding and following 
QIT's internal procedures and the regulatory requirements associated 
with radiographic operations.
    (f) Discussion on when to suspend work activities and to verify 
whether specific circumstances call for implementing corrective actions 
and resuming work activities or stopping work activities in order to 
protect the health and safety of the workers and the public.
    (g) The importance of having the required documents (Operating & 
Emergency procedures, shipping papers, copies of regulations, etc.) 
with the radiography equipment when working at temporary jobsites.
    4. Recordkeeping Requirements. QIT will maintain training records, 
including attendees and the test results for 5 years. The records will 
be available for NRC review when requested.

D. Revise Operating & Emergency (O&E) Procedures

    Within 90 days of the issuance date of the Confirmatory Order, QIT 
will develop and submit to NRC for review and approval:
    1. A procedure that provides details on how QIT management and the 
corporate RSO will provide oversight of the Regional RSO(s).
    2. A security-related procedure that is discussed in the Appendix 
to the Order.
    3. A procedure for various ways for employees to report concerns, 
including implementation of an open door policy.
    4. A security-related provision that is discussed in the Appendix 
to the Order.
    5. Audit records must be maintained for five years and include the 
following information: date of audit, name of person conducting the 
audit, name of persons contacted by auditor, audit findings, corrective 
actions and follow-up (if any).
    E. Within 30 days after QIT receives the NRC reviewed and approved 
procedures specified in sections C and D of the Order, QIT 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 QIT when performing work 
under NRC jurisdiction for a period of 10 years from the date of the 
Confirmatory Order.
    F. Within 180 days of the date of the Confirmatory Order, the 
president of QIT must submit a paper for presentation at an NDT 
professional society meeting (national or local chapter), such as the 
Non-Destructive Testing Management Association (NDTMA) relating the 
actions that resulted in escalated enforcement and the corrective 
measures that QIT has taken or plans to take to prevent recurrence.
    G. Within 30 days of the date of the Confirmatory Order, QIT must 
pay a civil penalty of $3,500. Payment must be made in accordance with 
payment methods described in NUREG/BR-0254, ``Payment Methods.'' QIT 
will submit a statement indicating when and by what method payment was 
made to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738.
    On August 8, 2012, the Licensee consented to issuing this Order 
with the commitments, as described in Section V below. Quality 
Inspection and Testing, Inc., further agreed that this Order is to be 
effective upon issuance and that it has waived its right to a hearing.

IV

    Since Quality Inspection and Testing, Inc. (QIT), 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 Confirmatory Order.
    I find that the QIT 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 QIT commitments be confirmed by this Order. Based on the above and 
QIT'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 and 10 CFR parts 20, 30, and 34, it is 
hereby ordered, effective immediately, that:
    A. Within 30 days of the date of the Confirmatory Order, QIT will 
issue a company policy statement to its employees regarding how 
unacceptable deliberate violations are, the importance of maintaining 
security over licensed material, and the ethics of complying with 
regulatory requirements. A copy of the policy statement will be 
provided to the NRC.
    B. Within 30 days of the date of the Confirmatory Order, the 
president of QIT will issue a personal letter to employees regarding 
his expectations in identifying and communicating concerns to 
management, as well as overall compliance with NRC regulations.
    C. QIT will enhance its training program for employees conducting 
radiographic operations. The goal of the changes is to conduct licensed 
operations safely and deter future deliberate violations by ensuring 
that employees (including licensee managers) understand the importance 
the NRC places on violations associated with deliberate misconduct and 
careless disregard. The program will consist of training for all 
current and newly hired employees performing licensed activities and 
provide for annual refresher training. QIT will complete the following 
activities in support of the training program:

1. Training for Current Employees

    (a) Within 60 days of the date of the Confirmatory Order, QIT will 
contract with an external contractor to assist in the development of a 
QIT training program regarding the NRC Enforcement process. The 
external contractor will work with a QIT management representative. 
This QIT training program will address all of the elements in condition 
C.3 below and, at a minimum, the types of willful violations, the types 
of willfulness (careless disregard and deliberate misconduct), the 
potential criminal sanctions that the Department of Justice may take, 
and the potential enforcement sanctions that the NRC may take against 
employees who engage in deliberate misconduct. As discussed in Item 
C.1.d, the contractor will provide training to all QIT managers. The 
QIT management representative, who participated in the development of 
the program, will retain responsibility for providing training based on 
the program to all QIT employees who engage in NRC-licensed activities.
    (b) At least 15 days before the time that QIT intends to execute 
the contract

[[Page 52070]]

with the external contractor, QIT will submit for NRC review and 
approval, the resume of the contractor proposed to develop and perform 
the training described in Item C.1.a. above.
    (c) At least 15 days prior to the start of training, but no later 
than 30 days after executing the contract with the external training 
contractor, QIT will submit for NRC review and approval an outline of 
the topics to be covered during the training session. The training will 
include the topics identified in Section C.3. of the Confirmatory 
Order.
    (d) The training for managers will be completed within 60 days of 
the NRC's approval of the outline of the course topics. The training 
for managers will be provided by the external contractor. The training 
for current employees will be completed within 120 days of the NRC's 
approval of the outline of the course topics.
    (e) QIT will assess the effectiveness of the training through 
written testing. Any employee that does not pass the test will receive 
remedial training and be retested. Within 30 days of completing the 
training for all current employees, QIT will provide to the NRC: (1) A 
letter stating that the training as specified is complete and (2) the 
results of the employee testing process (such as total number of 
employees who took the training and whether any did not pass even after 
remedial training).

2. Training for New Employees and Annual Refresher

    Within 120 days of the date of the Confirmatory Order, QIT will 
submit for NRC approval, the training program described in sections C.1 
and C.3 along with associated procedure(s) that describe the initial 
training which 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 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. The contractor identified in section C.1 will also make 
enhancements to QIT's established training program. The training 
procedures for the current employees, new employees and annual 
refresher training will be modified to include the following elements:
    a. A discussion of the NRC's policy statement of safety culture [76 
FR 34773] and QIT management's support of that policy. Employees will 
be provided a copy of NUREG/BR-500, ``Safety Culture Policy 
Statement.''
    b. Elements of willfulness discussed in Chapter 6 of the NRC 
Enforcement Manual including examples of enforcement actions that the 
NRC has taken against individuals (publically available on the NRC's 
Web site).
    c. Potential criminal sanctions that the Department of Justice may 
take against individuals for deliberate misconduct.
    d. Requirements of 10 CFR 30.10, ``Deliberate misconduct''; and 10 
CFR 30.7, ``Employee protection.''
    e. Instruction on the importance of understanding and following 
QIT's internal procedures and the regulatory requirements associated 
with radiographic operations.
    f. Discussion on when to suspend work activities and to verify 
whether specific circumstances call for implementing corrective actions 
and resuming work activities or stopping work activities in order to 
protect the health and safety of the workers and the public.
    g. The importance of having the required documents (Operating & 
Emergency procedures, shipping papers, copies of regulations, etc.) 
with the radiography equipment when working at temporary jobsites.
    4. Recordkeeping Requirements. QIT will maintain training records, 
including attendees and the test results for 5 years. The records will 
be available for NRC review when requested.

D. Revise Operating & Emergency (O&E) Procedures

    Within 90 days of the issuance date of the Confirmatory Order, QIT 
will develop and submit to the NRC for review and approval procedures 
that address the following items:
    1. A procedure that provided details on how QIT management and the 
corporate RSO will provide oversight of the Regional RSO(s).
    2. This provision involves field audits of security requirements 
and contains security-related information which is described in the 
security-related Appendix to this Order (not publicly available).
    3. A procedure for various ways for employees to report concerns, 
including implementation of an open door policy.
    4. This provision discusses how field audits of security 
requirements are to be conducted and contains security-related 
information which is described in the security-related Appendix to this 
Order (not publicly available).
    5. A procedure that requires that audit records must be maintained 
for 5 years and include the following information: date of audit, name 
of person conducting the audit, name of persons contacted by the 
auditor, audit findings, corrective actions and follow-up (if any).
    E. Within 30 days after QIT receives the NRC reviewed and approved 
procedures specified in sections C and D, QIT 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 QIT when performing work under NRC 
jurisdiction for a period of 10 years from the date of the confirmatory 
order.
    F. Within 180 days of the date of the Confirmatory Order, the 
president of QIT must submit a paper for presentation at an NDT 
professional society meeting (national or local chapter), such as the 
Non-Destructive Testing Management Association (NDTMA) relating the 
actions that resulted in escalated enforcement and the corrective 
measures that QIT has taken or plan to take to prevent recurrence. The 
president of QIT will provide NRC with a copy of the paper at the same 
time he submits it to an NDT professional society, by mailing the copy 
to: US NRC Region IV, ATTN: Director, Division of Nuclear Material 
Safety, 1600 Lamar Blvd., Arlington, Texas 76011.
    G. Within 30 days of the date of the Confirmatory Order, QIT must 
pay a civil penalty of $3,500. Payment must be made in accordance with 
payment methods described in NUREG/BR-0254, ``Payment Methods.'' QIT 
will submit a statement indicating when and by what method payment was 
made to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738.
    H. Unless otherwise specified, all documents required to be 
submitted to the NRC will be sent to: US NRC Region IV, ATTN: Director, 
Division of Nuclear Material Safety, 1600 Lamar Blvd., Arlington, Texas 
76011.
    The Regional Administrator, Region IV, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Quality 
Inspection and Testing, Inc., of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Quality Inspection and Testing, Inc. (QIT), 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

[[Page 52071]]

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 20555-0001, 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 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 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 the 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 the 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 System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC guidance 
available on the NRC's public Web site at http:[sol][sol]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's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the documents on those participants separately. Therefore, 
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's Web site 
at http:[sol][sol]www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. 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, 20852-2738, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http:[sol][sol]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 Quality Inspection and Testing, Inc.) 
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

[[Page 52072]]

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.

    Dated this 10th day of August 2012.

    For the Nuclear Regulatory Commission.
Elmo E. Collins,
Regional Administrator, NRC Region IV.
[FR Doc. 2012-21214 Filed 8-27-12; 8:45 am]
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