December 1, 2009 

EA-09-007 

EA-09-059 

Mr. Charles G. Pardee 

Senior Vice President, Exelon Generating Company, LLC 

President and Chief Nuclear Officer, Exelon Nuclear 

4300 Winfield Road 

Warrenville, IL 60555 

SUBJECT: CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY) 

 (NRC Office of Investigations Reports No. 1-2008-023, 1-2008-044) 

Dear Mr. Pardee: 

The enclosed Confirmatory Order is being issued to you to confirm recent commitments made to 

the NRC. Exelon Generating Company, LLC (Exelon) made these commitments as part of a 

settlement agreement with the NRC concerning the results of two NRC investigations conducted 

by the NRC Office of Investigations (OI), Region I Field Office at Exelon’s Peach Bottom Atomic 

Power Station (Peach Bottom). The investigations were conducted to determine if two former 

Peach Bottom employees deliberately violated NRC requirements by reporting inaccurate 

information in one instance, and failing to inform Exelon of information required to be reported in 

the other. In an NRC letter dated June 5, 2009 (ADAMS Accession Number ML091560130), the 

NRC provided you with the results of these investigations and noted that, based on the evidence 

developed during the investigations, the staff had determined that two apparent violations of 

NRC regulations occurred, and that those violations resulted from the deliberate acts of the 

former Peach Bottom employees. 

The first investigation (1-2008-023), initiated on February 12, 2008, determined that a former 

Peach Bottom maintenance supervisor deliberately provided incomplete and inaccurate 

information in a Personal History Questionnaire (PHQ) submitted to Exelon for unescorted 

access authorization (UAA), and subsequently gained access to the site. Specifically, the former 

maintenance supervisor provided incorrect information regarding the character of his military 

service, his history of misconduct in the military, and the nature of his discharge from the military. 

The NRC also determined that the former maintenance supervisor provided incomplete 

information on his employment application about who was his supervisor while in the military. 

The second investigation (1-2008-044), initiated on May 5, 2008, determined that a former 

Peach Bottom licensed Reactor Operator (RO) deliberately failed to report an arrest/criminal 

charges in accordance with the site security program procedures for UAA and the Behavioral 

Observation Program (BOP). Specifically, the RO was arrested and charged with driving under 

the influence on October 13, 2007, and did not report the incident to Exelon until April 28, 2008. 

The June 5, 2009, NRC letter: (1) enclosed Factual Summaries of the OI investigations; (2) 

informed you that the two apparent violations involving former Peach Bottom employees were 

being considered for escalated enforcement action in accordance with the NRC Enforcement 
C. Pardee 2

Policy; and, (3) offered Exelon the choice to discuss the apparent violations at a Predecisional 

Enforcement conference or to request use of Alternate Dispute Resolution (ADR) with the NRC. 

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 action. 

At Exelon’s request, on September 3, 2009, an ADR session was held in the Region I Office in 

King of Prussia, PA, between Exelon and the NRC. Based on the discussions during the ADR 

sessions, a settlement agreement was reached regarding this matter. The elements of the 

preliminary agreement formulated and agreed to at the mediation session are contained within 

the enclosed Confirmatory Order. While the NRC and Exelon agree to disagree on certain 

aspects of the violations, Exelon took several corrective actions and agreed to take additional 

actions to address the violations, to ensure that the corrective actions are effective, and to 

ensure that lessons learned from these events are extended to the Exelon fleet and to the 

industry. In light of the corrective actions that Exelon took, as well as the additional actions 

Exelon committed to complete, the NRC agreed to not issue a Notice of Violation or civil penalty 

for the two violations. 

The enclosed Confirmatory Order (Effective Immediately) confirms the commitments made in the 

settlement agreement. In the signed “Consent and Hearing Waiver Form” (copy enclosed) 

received November 19, 2009, you agreed to issuance of this letter and the Confirmatory Order. 

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully 

violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject 

to criminal prosecution as set forth in that section. Violation of this Order may also subject the 

person to civil monetary penalties. 
C. Pardee 3

You are not required to respond to this letter. However, if you choose to provide a response, 

please provide it to me within 30 days at Office of the Regional Administrator, US NRC, 

475 Allendale Rd., King of Prussia, PA 19406. A copy of this letter and its enclosures will be 

made available electronically for public inspection in the NRC Public Document Room or from 

the NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at 

http://www.nrc.gov/reading-rm/adams.html. The NRC will also include this letter, and its 

attached Confirmatory Order, on its website at www.nrc.gov; select, What We Do, Enforcement, 

Significant Enforcement Actions. Your response, if you choose to provide one, will also be made 

available electronically for public inspection in the NRC Public Document Room or from the 

NRC’s document system (ADAMS). 

If you have any questions or comments concerning this letter, please contact Mr. Karl Farrar of 

my staff at 610-337-5301. 

Sincerely, 

 /RA/ 

Samuel J. Collins 

Regional Administrator 

Docket Nos. 50-277/278 

License Nos. DPR-44 & DPR-56 

Enclosures: 

1. Consent and Hearing Waiver Form 

2. Confirmatory Order 

cc w/encl: 

Distribution via ListServ 
C. Pardee 3 

You are not required to respond to this letter. However, if you choose to provide a response, 

please provide it to me within 30 days at Office of the Regional Administrator, US NRC, 

475 Allendale Rd., King of Prussia, PA 19406. A copy of this letter and its enclosures will be 

made available electronically for public inspection in the NRC Public Document Room or from 

the NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at 

http://www.nrc.gov/reading-rm/adams.html. The NRC will also include this letter, and its 

attached Confirmatory Order, on its website at www.nrc.gov; select, What We Do, Enforcement, 

Significant Enforcement Actions. Your response, if you choose to provide one, will also be made 

available electronically for public inspection in the NRC Public Document Room or from the 

NRC’s document system (ADAMS). 

If you have any questions or comments concerning this letter, please contact Mr. Karl Farrar of 

my staff at 610-337-5301. 

Sincerely, 

 /RA/ 

Samuel J. Collins 

Regional Administrator 

Docket Nos. 50-277/278 

License Nos. DPR-44 & DPR-56 

Enclosures: 

1. Consent and Hearing Waiver Form 

2. Confirmatory Order 

cc w/encl: 

Distribution via ListServ 

Commonwealth of Pennsylvania 

State of Maryland 

Distribution: See next page 

SUNSI Review Complete: MMM (Reviewer=s Initials) 

DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Peach Bottom RO and Maint 

Supv\Licensee\Exelon Confirmation of Commitments.doc 

After declaring this document AAn Official Agency Record@ it will be released to the Public. 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure 

"E" = Copy with attachment/enclosure "N" = No copy ADAMS Accession No.: ML093350150 

OFFICE RI/ORA RI/DRP RI/DRP RI/DRS RI/OI RI/ORA 

NAME M McLaughlin* PKrohn* JClifford* DRoberts* EWilson* M Barkman for 

KFarrar* 

DATE 10/09/09 10/13/09 10/22/09 10/26/09 10/27/09 10/29/09 

OFFICE RI/ORA RI/RA HQ/NRR HQ/OGC HQ/OE RI/RA 

NAME DHolody* SCollins* BBoger* CBoote* (NLO) GBowman* SCollins 

DATE 10/30/09 11/08/09 11/4/09 11/4/09 11/5/09 11/25/09 

OFFICIAL RECORD COPY
C. Pardee 

6

DISTRIBUTION w/encl: 

ADAMS (PARS) 

SECY 

CA 

OEMAIL 

OEWEB 

W Borchardt, EDO 

B Mallett, DEDR 

L Trocine, OEDO 

R Zimmerman, OE 

B Sosa, OE 

L Lopez, OE 

N Hasan, OE 

D Starkey, OE 

N Hilton, OE 

J Wray, OE 

G Bowman, OE 

G Gulla, OE 

C Scott, OGC 

E Leeds, NRR 

J Grobe, NRR 

B Boger, NRR 

R Nelson, NRR 

J Hughey, NRR 

M Ashley, NRR 

P Holahan, NSIR 

J Wiggins, NSIR 

D Furst, NSIR 

G Caputo, OI 

H Bell, OIG 

S Titherington-Buda, OCFO 

M Williams, OCFO 

E Hayden, OPA 

Enforcement Coordinators: RII, RIII, RIV 

S Collins, RA 

M Dapas, DRA 

J Clifford, RI 

M Gray, RI 

D Roberts, RI 

P Wilson, RI 

P Krohn, RI 

F Bower, SRI, RI 

K Farrar, ORA 

D Holody, ORA 

A DeFrancisco, ORA 

M McLaughlin, ORA 

R Urban, ORA 

J McFadden, ORA 

D Screnci, PAO-RI 

N Sheehan, PAO-RI 

C O=Daniell, RI 

R1DRPMailResource 

Region I OE Files (with concurrences)

 
Enclosure 1 
1

 UNITED STATES OF AMERICA [7590-01-P] 

 NUCLEAR REGULATORY COMMISSION 

In the Matter of ) Docket Nos.: 50-277/278 

Exelon Generating Company, LLC License Nos: DPR-44 & DPR-56 

Peach Bottom Atomic Power Station ) EA-09-007 & EA-09-059 

CONFIRMATORY ORDER MODIFYING LICENSE 

(EFFECTIVE IMMEDIATELY) 

 I 

Exelon Generating Company, LLC (Exelon or licensee) is the holder of Facility Operating 

License Nos. DPR-44 and DPR-56 issued by the U.S. Nuclear Regulatory Commission (NRC or 

agency) pursuant to 10 CFR Part 50. The licenses authorize the operation of Peach Bottom 

Atomic Power Station, Units 2 and 3 (Peach Bottom or facility), in accordance with conditions 

specified therein. The facility is located on the licensee’s site in Delta, Pennsylvania. 

This Confirmatory Order (Order) is the result of an agreement reached during an Alternative 

Dispute Resolution (ADR) mediation session conducted on September 3, 2009. ADR is a 

process in which a neutral mediator with no decision-making authority assists parties in reaching 

an agreement on resolving any differences regarding the dispute. 

 II 

Two investigations were initiated by the NRC Office of Investigations (OI) to determine if two 

former Peach Bottom employees deliberately violated NRC requirements by reporting inaccurate 

information in one instance, and failing to inform the licensee of information required to be 

reported in the other. An NRC letter to Exelon on June 5, 2009, transmitted factual summaries 
2

of the OI investigations and informed Exelon that, based on the evidence developed during the 

investigations, OI had substantiated that apparent violations of NRC requirements had occurred 

as the result of deliberate actions of the former Peach Bottom employees. The first 

investigation, initiated on February 12, 2008, determined that a former Peach Bottom 

maintenance supervisor deliberately failed to provide complete and accurate information when 

completing a Personal History Questionnaire (PHQ) for unescorted access authorization (UAA), 

and subsequently gained access to the site. PHQs are a means by which licensees, including 

Exelon, collect information to make determinations about an individual’s suitability for unescorted 

access, as required by 10 CFR 73.56 and the licensee’s Physical Security Plan. Specifically, the 

former maintenance supervisor provided incorrect information regarding the character of his 

military service, his history of misconduct in the military, and the nature of his discharge from the 

military. The second investigation, initiated on May 5, 2008, determined that a former Peach 

Bottom licensed Reactor Operator (RO) deliberately failed to report an arrest/criminal charges in 

accordance with the site security program procedures for UAA and the Behavioral Observation 

Program (BOP). Specifically, the RO was arrested and charged with driving under the influence 

on October 13, 2007, and did not report the incident to Exelon until April 28, 2008. 

III 

The June 5, 2009, NRC letter informed Exelon that the agency was considering escalated 

enforcement against it for these apparent violations of NRC requirements and offered Exelon the 

opportunity to either attend a Predecisional Enforcement Conference or to request use of ADR, to 

resolve this matter. On June 12, 2009, Exelon requested the use of ADR. On September 3, 2009, 

the NRC and Exelon met in an ADR session mediated by a professional mediator, arranged through 

Cornell University’s Scheinman Institute on Conflict Resolution. During that ADR session, a 
3

settlement agreement was reached. This Confirmatory Order is the result of that agreement, the 

elements of which consisted of the following: 

1. Exelon did not take issue with the NRC preliminary conclusion set forth in the June 5, 

2009, letter that two violations occurred and that the actions by the former maintenance 

supervisor and the former RO regarding the violations were deliberate. The NRC 

concluded that both violations warranted Severity Level III classification and would 

normally be subject to a civil penalty in accordance with the NRC Enforcement Policy, 

because Exelon did not identify one of the two violations. Exelon did not take issue with 

the NRC conclusion that the violation involving the former RO constitutes a Severity 

Level III violation. Exelon, however, asserted that the maintenance supervisor applicant 

was not a fully qualified supervisor when incomplete and inaccurate information was 

provided. Therefore, this instance would not constitute a Severity Level III violation. 

The NRC and Exelon agreed to disagree on the severity level of this violation. 

2. The NRC acknowledged that Exelon had taken several corrective actions in response 

to the violations, so as to preclude the occurrence of similar violations in the future. 

These actions include: 

a. Completed Corrective Actions only affecting Peach Bottom: 

i. Conducted training module, emphasizing the impact of deliberate 

misconduct on nuclear safety culture. 

ii. Performed common cause evaluation on deliberate misconduct events at 

PBAPS and implemented resulting corrective actions. 

b. Completed Corrective Actions affecting all Exelon operating nuclear facilities: 

i. Revised Exelon fleet-wide PHQ to require applicants to review and 

acknowledge the expectation to provide complete and accurate 
4

information and the consequences of providing false, incomplete, or 

misleading information. 

ii. Revised fleet-wide procedure/process for validating military background 

investigation element. 

iii. Implemented fleet-wide safety culture training and workshops. 

c. Completed Corrective Actions affecting the nuclear industry: 

i. Incorporated lessons learned regarding validation of military background 

into industry guidance document Nuclear Energy Institute (NEI) 03-01 to 

strengthen industry process. 

ii. Presented lessons learned on military background falsification issue at 

July 2009 NEI industry Personnel Access Database System (PADS) 

workshop. 

3. Exelon agreed to take additional actions to address the violations, to ensure that the 

corrective actions identified in Item 2 are effective, and to ensure that lessons learned 

from these events are extended to the Exelon fleet and to the industry. These actions 

consist of: 

a. Planned Corrective Actions only affecting Peach Bottom: 

i. Review special obligations of licensed operators and supervisors in Peach 

Bottom licensed operator training program, including Peach Bottom 

operating experience. 

ii. Develop an assessment to verify the effectiveness of actions associated 

with deliberate misconduct training. 

iii. Perform Peach Bottom Site Employee Issues Advisory Council (SEIAC) 

reviews regarding employee conduct issues/concerns, including any 
5

apparent trends in these areas; and ensure corporate EIAC emphasizes 

comparison of site data to identify trends or outliers. 

iv. Repeat Peach Bottom training module on deliberate misconduct for new 

employees and current Peach Bottom personnel in 2010, emphasizing the 

impact of deliberate misconduct on nuclear safety culture. 

b. Planned Corrective Actions affecting all Exelon operating nuclear facilities: 

i. Include deliberate misconduct training in the fleet-wide Supervisory 

Development Program for new supervisors. 

ii. Implement Peach Bottom training module fleet-wide, emphasizing the 

impact of deliberate misconduct on nuclear safety culture. Exelon will also 

review its current contractor training on deliberate misconduct and add the 

training module, if necessary. 

iii. Provide additional information fleet-wide, to educate the workforce on 

BOP, Fitness-for-Duty requirements, and Employee Assistance Program 

services. 

c. Planned Corrective Actions affecting the nuclear industry: 

i. Provide lessons learned-type article to Professional Reactor Operators 

Society (PROS) requesting consideration for inclusion in industry 

newsletter. 

ii. Provide lessons learned-type article to NEI requesting consideration for 

inclusion in its industry newsletter. 

iii. Discuss with the Institute of Nuclear Power Operations (INPO) the 

possibility of incorporating into its supervisor and operations development 

programs, a module regarding the significance and impact of deliberate 

misconduct. 
6

4. Exelon agreed to complete the actions applicable only to Peach Bottom after issuance 

of an NRC Confirmatory Order, by June 30, 2010, and to send the NRC a letter 

informing the agency that the actions are complete, within 30 days of their completion, 

to facilitate NRC confirmatory reviews. Exelon also agreed to complete the remaining 

corrective actions after issuance of the NRC Confirmatory Order, by September 30, 

2010, and to send the NRC a letter informing the agency that the actions are complete, 

within 30 days of their completion, to facilitate NRC confirmatory reviews. 

5. In light of the corrective actions that Exelon took as noted in Item 2, as well as the 

additional actions Exelon committed to as described in Item 3, the NRC agreed to not 

issue a Notice of Violation or civil penalty for the two violations that are the subject of 

this ADR. 

6. Exelon agreed to issuance of a Confirmatory Order confirming this agreement that 

describes the two violations and the classification of the violation involving the RO at 

Severity Level III. The NRC agreed that, for this violation, the date for the escalated 

enforcement and reactor oversight processes will be retroactive to the date that the 

individual’s employment was terminated (August 17, 2008). In accordance with NRC 

practice, the Confirmatory Order and the letter forwarding it to Exelon will be publicly 

available and accompanied by a press release. 
7

On November 19, 2009, Exelon consented to issuing this Order with the commitments, which 

are described in Section V below. The Licensee further agreed that this Order is to be effective 

upon issuance and that it has waived its right to a hearing. 

 IV 

Since Exelon has agreed to take additional actions to address NRC concerns, as set forth in 

Section III, the NRC has concluded that its concerns can be resolved through issuance of this 

Order. 

I find that Exelon’s commitments, as set forth in Section III, 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 also determined that public health and safety require that the 

Licensee’s commitments be confirmed by this Order. Based on the above and Exelon’s 

consent, this 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 C.F.R. '2.202 and 10 C.F.R. Part 

50, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY THAT EXELON SHALL: 

A. Complete the following actions by June 30, 2010, and send the NRC a letter informing 

the agency that the actions are complete within 30 days of their completion: 
8

a. Review special obligations of licensed operators and supervisors in Peach 

Bottom licensed operator training program, including Peach Bottom operating 

experience. 

b. Develop an assessment to verify the effectiveness of actions associated with 

deliberate misconduct training. 

c. Perform Peach Bottom Site Employee Issues Advisory Council (SEIAC) reviews 

regarding employee conduct issues/concerns, including any apparent trends in 

these areas; and ensure corporate EIAC emphasizes comparison of site data to 

identify trends or outliers. 

d. Repeat Peach Bottom training module on deliberate misconduct for new 

employees and current Peach Bottom personnel in 2010, emphasizing the impact 

of deliberate misconduct on nuclear safety culture. 

B. Complete the following actions by September 30, 2010, and send the NRC a letter 

informing the agency that the actions are complete within 30 days of their completion: 

a. Include deliberate misconduct training in the fleet-wide Supervisory Development 

Program for new supervisors. 

b. Implement Peach Bottom training module fleet-wide, emphasizing the impact of 

deliberate misconduct on nuclear safety culture. Exelon will also review its 

current contractor training on deliberate misconduct and add the training module, 

if necessary. 

c. Provide additional information fleet-wide, to educate the workforce on BOP, 

Fitness-for-Duty requirements, and Employee Assistance Program services. 

d. Provide lessons learned-type article to Professional Reactor Operators Society 

(PROS) requesting consideration for inclusion in industry newsletter. 
9

e. Provide lessons learned-type article to NEI requesting consideration for inclusion 

in its industry newsletter. 

f. Discuss with INPO the possibility of incorporating into its supervisor and 

operations development programs, a module regarding the significance and 

impact of deliberate misconduct. 

The NRC Region I Regional Administrator may relax or rescind, in writing, any of the above 

conditions upon demonstration by Exelon of good cause. 

 VI 

Any person adversely affected by this Confirmatory Order, other than Exelon, 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 directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory 

Commission, and include a statement of good cause for the extension. 

A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC 

promulgated in August, 2007, 72 Fed. Reg. 49,139 (Aug. 28, 2007). The E-Filing process 

requires participants to submit and serve documents over the internet or, in some cases, to mail 

copies on electronic optical storage media. Participants may not submit paper copies of their 

filings unless they seek a waiver in accordance with the procedures described below. 

To comply with the procedural requirements associated with E-Filing, at least five (5) days prior 

to the filing deadline the requestor must contact the Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a digital ID 
10

certificate, which allows the participant (or its counsel or representative) to digitally sign 

documents and access the E-Submittal server for any NRC proceeding in which it is 

participating; and/or (2) creation of an electronic docket for the proceeding (even in instances 

when the requestor (or its counsel or representative) already holds an NRC-issued digital ID 

certificate). Each requestor will need to download the Workplace Forms ViewerTM to access the 

Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace 

Forms ViewerTM is free and is available at http://www.nrc.gov/site-help/e-submittals/installviewer.html. Information about applying for a digital ID certificate also is available on NRC’s 

public website at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. 

Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded 

the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be 

in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC 

public website at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete 

at the time the filer submits its document through EIE. To be timely, electronic filings must be 

submitted to the EIE 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 EIE 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 document on those participants separately. 

Therefore, any others who wish to participate in the proceeding (or their counsel or 

representative) must apply for and receive a digital ID certificate before a hearing request is filed 

so that they may obtain access to the document via the E-Filing system. 
11

A person filing electronically may seek assistance through the “Contact Us” link located on the 

NRC website at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical 

help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through 

Friday. The help line number is (800) 397-4209 or locally, (301) 415-4737. 

Participants who believe that they have good cause for not submitting documents electronically 

must file a motion, in accordance with 10 C.F.R. 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. 

Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing 

docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless 

excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a 

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. 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 works. 
12

If a person requests a hearing, that person shall set forth with particularity the manner in which 

his interest is adversely affected by this Order and shall address the criteria set forth in 10 C.F.R. 

2.309(d) and (f). 

If the 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, this Order shall be final 20 days from the date of its publication 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 A HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF 

THIS ORDER. 

FOR THE NUCLEAR REGULATORY COMMISSION 

 /RA/

Samuel J. Collins 

Regional Administrator 

Dated this the 1st day of December 2009