Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77675 

meeting, from 10 a.m. to 5:45 p.m. on 

January 11th, from 9 a.m. to 6 p.m. on 

January 12th, and from 9 a.m. to 4 p.m. 

on January 13th, will be closed. 

Folk & Traditional Arts (review of 

nominations): January 11–14, 2011 in 

Room 716. A portion of this meeting, 

from 11 a.m. to 12 p.m. on January 14th, 

will be open to the public for policy 

discussion. The remainder of the 

meeting, from 8:30 a.m. to 5:30 p.m. on 

January 11th, from 9 a.m. to 5:30 p.m. 

on January 12th—13th, and from 9 a.m. 

to 11 a.m. on January 14th, will be 

closed. 

State and Regional (review of State 

Arts Agency Partnership Agreements): 

January 19–20, 2011 in Room 716. This 

meeting, from 9:30 a.m. to 6 p.m. on 

January 19th and from 9 a.m. to 4 p.m. 

on January 20th, will be open. 

State and Regional (review of 

Regional Partnership Agreements): 

January 20, 2011 in Room 716. This 

meeting, from 4:30 p.m. to 5:30 p.m., 

will be open. 

State and Regional/Folk and 

Traditional Arts (review of State Arts 

Agency Partnership Agreements): 

January 21, 2011 in Room 716. This 

meeting, from 9 a.m. to 5:30 p.m., will 

be open. 

Music (review of nominations): 

January 25, 2011, by teleconference. 

This meeting, from 3 p.m. to 3:55 p.m., 

will be closed. 

Music (review of nominations): 

January 25, 2011, by teleconference. 

This meeting, from 4 p.m. to 5 p.m., will 

be closed. 

The closed portions of meetings are 

for the purpose of Panel review, 

discussion, evaluation, and 

recommendations on financial 

assistance under the National 

Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including information given in 

confidence to the agency. In accordance 

with the determination of the Chairman 

of November 10, 2009, these sessions 

will be closed to the public pursuant to 

subsection (c)(6) of section 552b of Title 

5, United States Code. 

Any person may observe meetings, or 

portions thereof, of advisory panels that 

are open to the public, and if time 

allows, may be permitted to participate 

in the panel’s discussions at the 

discretion of the panel chairman. If you 

need any accommodations due to a 

disability, please contact the Office of 

AccessAbility, National Endowment for 

the Arts, 1100 Pennsylvania Avenue, 

NW., Washington, DC 20506, 202/682– 

5532, TDY–TDD 202/682–5496, at least 

seven (7) days prior to the meeting. 

Further information with reference to 

these meetings can be obtained from Ms. 

Kathy Plowitz-Worden, Office of 

Guidelines & Panel Operations, National 

Endowment for the Arts, Washington, 

DC 20506, or call 202/682–5691. 

Dated: December 8, 2010. 

Kathy Plowitz-Worden, 

Panel Coordinator, Panel Operations, 

National Endowment for the Arts. 

[FR Doc. 2010–31156 Filed 12–10–10; 8:45 am] 

BILLING CODE 7537–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 70–1257; License No.: SNM– 

1227; EA–10–041; NRC–2010–0384] 

AREVA NP, Inc.; Confirmatory Order 

(Effective Immediately) 

I 

AREVA NP, Inc. (AREVA or Licensee) 

is the holder of Materials License No. 

SNM–1227 issued by the Nuclear 

Regulatory Commission (NRC or 

Commission) pursuant to 10 CFR part 

70. The license in effect at the time of 

the incident described below was most 

recently amended via Amendment 49, 

issued on July 9, 2007. The NRC 

renewed Materials License No. SNM– 

1227, effective April 24, 2009. The 

license authorizes the operation of the 

AREVA NP facility in accordance with 

the conditions specified therein. The 

facility is located at the AREVA site in 

Richland, Washington. 

This Confirmatory Order is the result 

of an agreement reached during an 

alternative dispute resolution (ADR) 

mediation session conducted on 

October 5, 2010. 

II 

On April 3, 2009, the NRC Office of 

Investigations (OI) began an 

investigation (OI Case No. 2–2009–024) 

at AREVA. Based on the evidence 

developed during its investigation, OI 

substantiated that an Advisory Engineer 

deliberately falsified United Kingdom 

Department for Transport (DfT) transit 

approval forms regarding overseas 

shipments of low enriched uranium. 

Additionally, OI determined that the 

Advisory Engineer deliberately failed to 

follow procedure for release of 

criticality calculations associated with 

the shipments. The results of the 

investigation, completed on December 

1, 2009, were sent to AREVA in a letter 

dated August 10, 2010. The NRC’s 

August 10, 2010 letter offered AREVA 

the opportunity to resolve the 

enforcement aspects of this matter 

through the NRC’s normal enforcement 

process, or through ADR. In response to 

the NRC’s offer, AREVA requested use 

of the NRC ADR process to resolve the 

matter. 

On October 5, 2010, the NRC and 

AREVA met in an ADR session 

mediated by a professional mediator, 

arranged through Cornell University’s 

Institute on Conflict Resolution. ADR is 

a process in which a neutral mediator 

with no decision-making authority 

assists the parties in reaching an 

agreement to resolve any differences 

regarding the dispute. This confirmatory 

order is issued pursuant to the 

agreement reached during the ADR 

process. 

III 

During that ADR session, a 

preliminary settlement agreement was 

reached. The elements of the agreement 

consisted of the following: 

1. The NRC and AREVA agreed that 

the two apparent violations documented 

in the NRC’s letter of August 10, 2010, 

would be characterized as one violation 

involving the requirements of 10 CFR 

71.5(a), and 49 CFR 172.204(a), 

associated with the transportation of 

Class 7 (radioactive) material, on three 

separate occasions. Specifically, on 

December 9, 2008, and on March 11 and 

18, 2009, a licensee employee 

deliberately altered (falsified) the date 

stamp on three documents entitled 

‘‘Approval to Transit a UK [United 

Kingdom] Port.’’ Because the DfT transit 

approvals were falsified, the licensee 

failed to comply with 49 CFR 172.204(a) 

which requires the licensee to attest to 

the fact that the contents of the 

consignment (shipment) were in all 

respects in proper condition for 

transport according to applicable 

international and national governmental 

regulations. 

2. In response to the violation 

described above, AREVA implemented 

numerous corrective actions and 

enhancements, including but not 

limited to a prompt investigation into 

the incidents, performance of a 

sufficiently independent root cause 

analysis and corrective action review, 

an assessment of the actual and 

potential safety impact of the incidents, 

a thorough extent of condition review, 

appropriate notification of regulatory 

authorities, safety culture and safety 

conscious work environment initiatives, 

process changes, and numerous 

corrective actions and enhancements to 

preclude recurrence. 

3. In response to the violation as 

described in Section III.1 above, AREVA 

agreed to the following actions: 

a. Within 30 days of the issuance of 

the Confirmatory Order, AREVA will 

submit a Reply to a Notice of Violation, 

which documents its corrective actions 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
77676 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 

and enhancements as discussed in 

Section III.2 above. AREVA’s Reply to a 

Notice of Violation will be consistent 

with the requirements of 10 CFR 2.201. 

b. Within 12 months after the 

issuance of the Confirmatory Order, 

AREVA will conduct a review to 

determine the effectiveness of corrective 

actions and enhancements as described 

in its Reply to a Notice of Violation. The 

effectiveness review will also 

incorporate any commonalities from 

previous willful issues occurring within 

AREVA’s U.S. Fuel organization within 

the last three years of the date of 

issuance of the Confirmatory Order. 

Upon completion of its effectiveness 

review, AREVA will develop and 

implement any additional corrective 

actions and enhancements, as 

warranted, to address any additional 

weaknesses or deficiencies. The results 

of AREVA’s effectiveness review and 

development of additional corrective 

actions and enhancements will be 

communicated to the NRC within 60 

days of development of resulting 

corrective actions. 

c. No later than June 30, 2012, AREVA 

will conduct an independent (i.e., 

outside the global AREVA organization), 

safety culture assessment in accordance 

with an accepted nuclear industry 

standard. The assessment will include 

AREVA’s Richland, Washington facility, 

its Erwin, Tennessee facility, and its 

Lynchburg, Virginia facility. Corrective 

actions and enhancements, and a 

schedule for implementation, will be 

developed in response to the results of 

the assessment, and provided to the 

NRC within three months of completion 

of this effort. 

4. The NRC and AREVA agree that the 

above elements will be incorporated 

into a Confirmatory Order, and that the 

violation will be cited as a Notice of 

Violation, and included as an 

attachment to the Confirmatory Order. 

In addition, AREVA agrees to waive its 

hearing rights for the issues documented 

in the Confirmatory Order. The resulting 

Confirmatory Order will be considered 

by the NRC for any assessment of 

AREVA, as appropriate. 

5. In consideration of the 

commitments delineated in Section III.3 

above, the NRC agrees to refrain from 

proposing a civil penalty for all matters 

discussed in the NRC’s letter to AREVA 

of August 10, 2010 (EA–10–041). 

6. This agreement is binding upon 

successors and assigns of AREVA. 

IV 

Since the licensee 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 AREVA’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 

AREVA’s commitments be confirmed by 

this Order. Based on the above and 

AREVA’s consent, this Confirmatory 

Order is immediately effective upon 

issuance. 

V 

Accordingly, pursuant to Sections 51, 

53, 161b, 161i, 161o, 182 and 186 of the 

Atomic Energy Act of 1954, as amended, 

and the Commission’s regulations in 10 

CFR 2.202 and 10 CFR part 70, it is 

hereby ordered, effective immediately, 

that license no. SNM–1227 is modified 

as follows: 

1. Within 30 days of the issuance of 

the Confirmatory Order, AREVA will 

submit a Reply to a Notice of Violation, 

which documents its corrective actions 

and enhancements as discussed in 

Section III.2 above. AREVA’s Reply to a 

Notice of Violation will be consistent 

with the requirements of 10 CFR 2.201. 

2. Within 12 months after the 

issuance of the Confirmatory Order, 

AREVA will conduct a review to 

determine the effectiveness of corrective 

actions and enhancements as described 

in its Reply to a Notice of Violation. The 

effectiveness review will also 

incorporate any commonalities from 

previous willful issues occurring within 

AREVA’s U.S. Fuel organization within 

the last three years of the date of 

issuance of the Confirmatory Order. 

Upon completion of its effectiveness 

review, AREVA will develop and 

implement any additional corrective 

actions and enhancements, as 

warranted, to address any additional 

weaknesses or deficiencies. The results 

of AREVA’s effectiveness review, and 

development of additional corrective 

actions and enhancements, will be 

communicated to the NRC within 60 

days of development of resulting 

corrective actions. 

3. No later than June 30, 2012, 

AREVA will conduct an independent 

(i.e., outside the global AREVA 

organization), safety culture assessment 

in accordance with an accepted nuclear 

industry standard. The assessment will 

include AREVA’s Richland, Washington 

facility, its Erwin, Tennessee facility, 

and its Lynchburg, Virginia facility. 

Corrective actions and enhancements, 

and a schedule for implementation, will 

be developed in response to the results 

of the assessment, and provided to the 

NRC within three months of completion 

of this effort. 

The Regional Administrator, NRC 

Region II, may relax or rescind, in 

writing, any of the above conditions 

upon a showing by AREVA of good 

cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than AREVA, 

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 EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

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 NRCissued 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 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77677 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal 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. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange (EIE), users will 

be required to install a Web browser 

plug-in from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.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/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an 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/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) First class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, or the presiding 

officer. Participants are requested not to 

include personal privacy information, 

such as social security numbers, home 

addresses, or home phone numbers in 

their filings, unless an NRC regulation 

or other law requires submission of such 

information. With respect to 

copyrighted works, 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 AREVA) 

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 2nd day of December 2010. 

Luis A. Reyes, 

Regional Administrator. 

[FR Doc. 2010–31175 Filed 12–10–10; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–366; NRC–2010–0345] 

Southern Nuclear Operating Company, 

Inc. 

Edwin I Hatch Nuclear Plant, Unit No. 

2; Exemption 

1.0 Background 

The Southern Nuclear Operating 

Company, Inc. (SNC, the licensee) is the 

holder of the Renewed Facility 

Operating License No. NPF–5 which 

authorizes operation of the Edwin I. 

Hatch Nuclear Plant, Unit No. 2 (HNP– 

2). The license provides, among other 

things, that the facility is subject to all 

rules, regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) now or hereafter in 

effect. 

The facility consists of a boiling-water 

reactor located in Appling County in 

Georgia. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1