Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42697 

help/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.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 Web site at 

http://www.nrc.gov/site-help/esubmittals.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 EFiling system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

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

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, 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 firstclass 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. 

If a person (other than the Certificate 

holder or Licensee) 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 CFR 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, the provisions 

specified in Section V above shall be 

final 20 days from the date this 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 13th day of August, 2009. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–20331 Filed 8–21–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–34325; License No. 03– 

23853–01VA; EA–08–353; NRC–2009–0367] 

In the Matter of National Health 

Physics Program, Department of 

Veterans Affairs, Veterans Health 

Administration, North Little Rock, AZ; 

Order Imposing Civil Monetary Penalty 

I 

The Department of Veterans Affairs 

(DVA: Licensee) is the holder of Master 

Materials License No. 03–23853–01VA 

issued by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to 10 CFR Part 30 on March 

17, 2003. The license authorizes the 

DVA to issue permits to individual DVA 

medical centers for the possession and 

use of licensed material, and ties the 

Licensee to a framework of oversight 

consistent with NRC regulations, 

inspection, enforcement policies, 

procedures, and guidance. 

II 

An inspection of the Licensee’s 

activities was conducted on November 

18, 2008, with continued NRC in-office 

review through December 16, 2008, at 

the DVA Medical Center, Iowa City, 

Iowa (permittee). The results of this 

inspection indicated that the permittee 

had not conducted its activities in full 

compliance with NRC requirements. A 

written Notice of Violation and 

Proposed Imposition of Civil Penalty 

(Notice) was served upon the Licensee 

by letter dated April 10, 2009. The 

Notice states the nature of the violation, 

the provision of the NRC’s requirements 

that the Licensee violated, and the 

amount of the civil penalty proposed for 

the violation. 

The Licensee responded to the Notice 

in a letter dated May 4, 2009. In its 

response, the Licensee denied the 

violation and requested that the NRC 

withdraw the escalated enforcement 

citation, and remove the civil penalty. 

The Licensee provided a supplemental 

response on June 4, 2009, to clarify 

information provided in the May 4, 

2009, response. In the supplemental 

letter, the Licensee disputed the 

Severity Level of the violation, based 

upon the new information provided. 

III 

After consideration of the Licensee’s 

responses and the statements of fact, 

explanation, and argument for 

mitigation contained therein, the NRC 

staff determined, as set forth in the nonpublicly available security related 

Appendix to this Order, that the 


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42698 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 

violation occurred, as modified in the 

Appendix, and that the penalty 

proposed for the violation designated in 

the Notice should be imposed. The 

results of the NRC review of the 

information contained in the Licensee’s 

letter and the basis for the NRC taking 

the actions described in this Order are 

set forth in the Appendix to this Order. 

IV 

In view of the foregoing and pursuant 

to Section 234 of the Atomic Energy Act 

of 1954, as amended (Act), 42 U.S.C. 

2282, and 10 CFR 2.205, it is hereby 

ordered that: 

The Licensee shall pay, within 20 

days of the date of this Order, a civil 

penalty in the amount of $6,500, in 

accordance with NUREG/BR–0254. In 

addition, at the time payment is made, 

the Licensee shall 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. 

V 

In accordance with 10 CFR 2.202, the 

Licensee must submit an answer to this 

Order within 20 days of its publication 

in the Federal Register. The answer 

should be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission. 

In accordance with 10 CFR 2.205, the 

Licensee and any other person adversely 

affected by this Order may request a 

hearing on this Order within 20 days of 

its publication in the Federal Register. 

Where good cause is shown, 

consideration will be given to extending 

the time to answer this Order and/or 

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. 

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 Order and shall address the 

criteria set forth in 10 CFR 2.309(d). 

If a hearing is requested by the 

Licensee, the Commission will issue an 

Order designating the time and place of 

hearing. If a hearing is held, an Order 

will be issued after the hearing by the 

Commission dismissing the proceeding 

or imposing, mitigating, or remitting the 

civil penalty. If the Licensee fails to 

request a hearing within 20 days of the 

date of this Order, or if written approval 

of an extension of time in which to 

request a hearing has not been granted, 

the provisions of this Order shall be 

effective without further proceedings. If 

payment has not been made by that 

time, the matter may be referred to the 

Attorney General for collection. 

In the event the Licensee requests a 

hearing as provided above, the issues to 

be considered at such hearing shall be: 

(a) Whether the Licensee was in 

violation of the Commission’s 

requirements as set forth in the Notice 

referenced in Section II above, and 

(b) whether, on the basis of such 

violation, this Order should be 

sustained. 

A request for a hearing must be filed 

in accordance with the NRC E-Filing 

rule, which the NRC promulgated in 

August 28, 2007; 72 FR 49139. The EFiling 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 ten (10) 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 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/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.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 Web site at 

http://www.nrc.gov/site-help/esubmittals.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, if the 

Licensee chooses to request a hearing, 

the Licensee (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 EFiling system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

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

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, 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 firstclass 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:// 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42699 

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. 

Dated this 14th day of August 2009. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–20333 Filed 8–21–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0365] 

Proposed Generic Communication; 

NRC Regulatory Issue Summary 2005– 

02, Revision 1, Clarifying the Process 

for Making Emergency Plan Changes 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of opportunity for public 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to issue 

a regulatory issue summary (RIS) to 

clarify the process for making 

emergency plan changes. This FRN 

version of the draft Regulatory Issue 

Summary (RIS) does not include the 

Attachments and Enclosures as 

described in the body of the RIS. To 

view these attachments and enclosures, 

refer to the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS), document number 

ML080710029. The NRC’s internal nonconcurrence process ‘‘Draft Management 

Directive 10.158, ‘NRC NonConcurrence Process’,’’ has been 

invoked by a member of the NRC staff 

regarding draft RIS 2005–01, Revision 1. 

The non-concurrence and supporting 

information is publically available 

through ADAMS Accession No. 

ML092250622. 

DATES: Comment period expires October 

8, 2009. Comments submitted after this 

date will be considered if it is practical 

to do so, but assurance of consideration 

cannot be given except for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0365 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0365. Address questions 

about NRC dockets to Carol Gallagher at 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RDB at (301) 492– 

3446. 

FOR FURTHER INFORMATION CONTACT: Don 

A. Johnson at 301–415–4040 or by 

e-mail at don.johnson@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

NRC Regulatory Issue Summary 2005– 

02, Revision 1; Clarifying the Process 

for Making Emergency Plan Changes 

Addressees 

All holders of licenses for nuclear 

power reactors under the provisions of 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 50, ‘‘Domestic 

Licensing of Production and Utilization 

Facilities,’’ including those that have 

permanently ceased operations and 

have certified that fuel has been 

permanently removed from the reactor 

vessel. 

All holders of licenses for research 

and test reactors under Part 50. 

All holders of and applicants for 

nuclear power plant construction 

permits, early site permits and limited 

work authorizations under Part 50. 

All holders of a combined license for 

a nuclear power plant under the 

provisions of 10 CFR part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants.’’ 

All holders of licenses for fuel 

facilities under the provisions of 10 CFR 

part 40 ‘‘Domestic Licensing of Source 

Material’’ required to have an 

emergency plan under § 40.31(j)(1)(ii). 

All holders of licenses for fuel 

facilities under the provisions of 10 CFR 

part 70 ‘‘Domestic Licensing of Special 

Nuclear Material’’ required to have an 

emergency plan under § 70.22(i)(1)(ii). 

All holders of certifications for 

gaseous diffusion plants under the 

provisions of 10 CFR part 76 

‘‘Certification of Gaseous Diffusion 

Plants’’ required to have an emergency 

plan under § 76.35(f). 

All holders of site-specific licenses for 

Independent Spent Fuel Storage 

Installations under 10 CFR part 72 

‘‘Licensing Requirements for the 

Independent Storage of Spent Nuclear 

Fuel and High-Level Radioactive Waste, 

and Reactor-Related Greater Than Class 

C Waste.’’ 

Intent 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing this 

regulatory issue summary (RIS) revision 

to inform stakeholders that reactor 

emergency plan changes that require 

prior NRC approval, in accordance with 

10 CFR 50.54(q), will need to be 

submitted as license amendment 

requests in accordance with 10 CFR 

50.90, ‘‘Application for Amendment of 

License, Construction permit, or Early 

Site Permit.’’ In addition, this revision 

will (1) clarify the meaning of ‘‘decrease 

in effectiveness’’, as stated in 10 CFR 

50.54(q); (2) clarify the process for 

evaluating proposed changes to 

emergency plans; (3) provide a method 

for evaluating proposed changes to 

emergency plans; (4) provide clarifying 

guidance on the appropriate content and 

format of applications submitted to the 

NRC for approval prior to 

implementation; and (5) clarify what 

constitutes a report of emergency plan 

changes to be submitted to the NRC in 

accordance with 10 CFR 50.54(q). This 

revision supersedes RIS 2005–02, dated 

February 14, 2005, in its entirety due to 

the extent of changes. 

(1) For non-reactor facilities, the 

regulations in 10 CFR 40.35(f), 70.32(i), 

and 76.91(o) provide direction to 

licensees seeking to revise their 

emergency plan. An emergency plan 

includes the plan as originally approved 

by the NRC and all subsequent changes 

made by the licensee with, and without, 

prior NRC review and approval under 

these regulations. The current practice 

for non-reactor facilities concerning 

emergency plan changes that require 


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