[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18280-18282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6843]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 050-00315, 050-00316; License Nos. DPR-58 & DPR-74 EA-06-
295]


In the Matter of Indiana Michigan Power Company D.C. Cook Nuclear 
Power Plant; Confirmatory Order Modifying License (Effective 
Immediately)

I

    Indiana Michigan Power Company (I&M or Licensee) is the holder of 
Facility Operating License Nos. DPR-58 and DPR-74 issued by the U.S. 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
Part 50 on October 25, 1974 and December 23, 1977, respectively. The 
licenses authorize the operation of the D.C. Cook nuclear power plant 
units 1 & 2 in

[[Page 18281]]

accordance with conditions specified therein. The facility is located 
on the Licensee's site near Bridgeman, Michigan.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on March 8, 2007, in Washington, DC.

II

    By letter dated December 13, 2006, the NRC identified to the 
Licensee an apparent violation of 10 CFR 50.7, ``Employee Protection.'' 
The apparent violation was issued based on the United States Department 
of Labor (DOL) Administrative Review Board's (ARB's) September 29, 
2006, Final Decision and Order (ARB Case No. 04-147) affirming a DOL 
Administrative Law Judge's (ALJ) findings of fact and conclusions. On 
June 29, 2004, the ALJ had issued a Proposed Decision and Order (ALJ 
Case No. 02-ERA-30), concluding that I&M had retaliated against an I&M 
former test engineer in violation of Section 211 of the Energy 
Reorganization Act of 1974, as amended (the ERA). I&M has denied that 
it violated the ERA and has appealed the ARB decision to the United 
States Court of Appeals for the Sixth Circuit. Although at this time 
there is no indication that the impact of the apparent violation is not 
isolated, the NRC is concerned that, in the absence of appropriate 
management actions, the ARB decision may ultimately have a broader 
impact on the D.C. Cook plant's safety-conscious work environment 
(SCWE).
    In its December 13, 2006, letter to I&M, the NRC offered I&M the 
opportunity to provide a written response, attend a predecisional 
enforcement conference, or request ADR in which a neutral mediator with 
no decision-making authority would facilitate discussions between the 
NRC and I&M and, if possible, assist the NRC and I&M in reaching an 
agreement. I&M chose to participate in ADR with the NRC. On March 8, 
2007, the NRC and I&M met in Washington, DC., in an ADR session 
mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution.

III

    This Confirmatory Order is issued pursuant to the agreement reached 
during the March 8, 2007, mediation meeting. Specifically, I&M agreed 
to the following actions:
    1. By no later than one-hundred eighty (180) calendar days after 
the issuance of this Confirmatory Order, I&M agrees to complete an 
assessment of the D.C. Cook plant's Nuclear Safety Culture including 
its SCWE.
    2. Within sixty (60) calendar days after the completion of the 
assessment as referenced in paragraph 1 above, I&M shall make available 
to the NRC:
    A. A description of the tools/methods used to conduct that 
assessment including the survey questions;
    B. The results of the assessment and I&M's analysis of the results; 
and
    C. The proposed actions, if any, I&M would plan to take to address 
the results of the assessment in order to ensure that a thriving SCWE 
exists at the D.C. Cook plant.
    3. As expeditiously as possible but by no later than December 31, 
2008, I&M agrees to complete the training of all D.C. Cook plant's non-
supervisory employees and long-term contractors on the topic of SCWE.
    4. By no later than sixty (60) calendar days after the issuance of 
this Confirmatory Order, a member of I&M management at a level at least 
equal to the D.C. Cook plant Site Vice President will communicate with 
D.C. Cook plant's workforce about the company's policy and his/her 
expectations of management regarding the maintenance and enhancement of 
a SCWE.
    5. By no later than ninety (90) calendar days after the issuance of 
this Confirmatory Order, I&M agrees to implement a periodic assessment 
of its compliance with its work hour limitations program and evaluate 
the results of the assessment for trends.
    In exchange for I&M's actions set forth hereunder, the NRC agreed 
not to pursue any further enforcement action in connection with the 
NRC's December 13, 2006, letter to I&M and will not count this matter 
as previous enforcement for the purposes of assessing potential future 
enforcement action civil penalty assessments in accordance with Section 
VI.C of the NRC Enforcement Policy, NUREG-1600. This Confirmatory Order 
will, however, be considered by the NRC for any assessment of the D.C. 
Cook plant's performance under the NRC's Reactor Oversight Process, as 
appropriate. On March 30, 2007, I&M consented to the NRC issuing this 
Confirmatory Order. I&M further agreed that this Confirmatory Order is 
to be effective upon issuance and that it has waived its right to a 
hearing. The NRC has concluded that its concern can be resolved through 
issuance of this Confirmatory Order.

IV

    Since the licensee has taken several actions and implemented a 
number of programs relating to communications, training and human 
relation initiatives addressing the D.C. Cook plant's safety culture 
and SCWE and has agreed to commit to the actions to address NRC's 
concern, as set forth in Section III above, the NRC has concluded that 
its concern can be resolved through issuance of this Confirmatory 
Order.
    I find that the Licensee's actions described in Section III are 
acceptable and necessary and conclude that with those actions the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's actions be confirmed by this Confirmatory Order. 
Based on the above and the Licensee's consent, this Confirmatory Order 
is immediately effective upon issuance.

V

    Accordingly, pursuant to Sections 103, 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 50, It is hereby ordered, 
effective immediately, that license Nos. Dpr-58 And Dpr-74 Are Modified 
As Follows:
    1. By no later than one-hundred eighty (180) calendar days after 
the issuance of this Confirmatory Order, I&M agrees to complete an 
assessment of the D.C. Cook plant's nuclear Safety Culture including 
its SCWE.
    2. Within sixty (60) calendar days after the completion of the 
assessment as referenced in paragraph I above, I&M shall make available 
to the NRC:
    A. A description of the tools/methods used to conduct that 
assessment including the survey questions;
    B. The results of the assessment and I&M's analysis of the results; 
and
    C. The proposed actions, if any, I&M would plan to take to address 
the results of the assessment in order to ensure that a thriving SCWE 
exists at the D.C. Cook plant.
    3. As expeditiously as possible but by no later than December 31, 
2008, I&M agrees to complete the training of all D.C. Cook plant's non-
supervisory employees and long-term contractors on the topic of a SCWE.
    4. By no later than sixty (60) calendar days after the issuance of 
this Confirmatory Order, a member of I&M management at a level at least 
equal to the D.C. Cook plant Site Vice President will communicate with 
D.C. Cook plant workforce about the company's policy and his/her 
expectations of management regarding the maintenance and enhancement of 
a SCWE.
    5. By no later than ninety (90) calendar days after the issuance of 
this

[[Page 18282]]

Confirmatory Order, I&M agrees to implement a periodic assessment of 
its compliance with its work hour limitations program and evaluate the 
results of the assessment for trends.
    6. In the event of the transfer of the operating license of D.C. 
Cook plant to another entity, the actions as required by this 
Confirmatory Order shall continue to apply to the D.C. Cook plant and 
accordingly survive any transfer of ownership or license.
    7. The NRC understands that I&M has appealed the ARB decision to 
the United States Court of Appeals for the Sixth Circuit. The outcome 
of that appeal will not alter I&M's actions set forth herein or the 
provisions of this Confirmatory Order.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. 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. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Chief, Rulemakings and Adjudications Staff, 
Washington, DC. 20555-0001. Copies of the hearing request shall also be 
sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC. 20555-0001, to the Assistant General 
Counsel for Materials Litigation and Enforcement at the same address, 
to the Regional Administrator, NRC Region III, 2443 Warrenville Road, 
Suite 210, Lisle, IL 60532-4352, and to the Licensee. Because of 
potential disruptions in delivery of mail to United States Government 
offices, it is requested that requests for hearing be transmitted to 
the Secretary of the Commission either by means of facsimile 
transmission to 301-415-1101 or by e-mail to <a href="/cdn-cgi/l/email-protection#dbb3bebaa9b2b5bcbfb4b8b0beaf9bb5a9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="d7bfb2b6a5beb9b0b3b8b4bcb2a397b9a5b4f9b0b8a1">[email protected]</span></a> and 
also to the Office of the General Counsel either by means of facsimile 
transmission to 301-415-3725 or by e-mail to <a href="/cdn-cgi/l/email-protection#0a454d49476b6366496f647e6f784a647869246d657c"><span class="__cf_email__" data-cfemail="bef1f9fdf3dfd7d2fddbd0cadbccfed0ccdd90d9d1c8">[email protected]</span></a>. If 
a person other than the licensee requests a hearing, that person shall 
set forth with particularity the manner in which his interest is 
adversely affected by this Confirmatory Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If 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 shall be final 20 days from the date of this 
Confirmatory Order without further order or proceedings. If an 
extension of times 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 4th day of April, 2007.

    For The Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
 [FR Doc. E7-6843 Filed 4-10-07; 8:45 am]
BILLING CODE 7590-01-P


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