[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11767-11772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5999]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[ Docket No. 030-20836, License No. 25-21479-01, EA-08-271, NRC-2009-
0119]


In the Matter of Mattingly Testing Services, Inc., Molt, Montana: 
Confirmatory Order Modifying License (Effective Immediately)

I

    Mattingly Testing Services, Inc. (Mattingly or licensee) is the 
holder of Materials License No. 25-21479-01

[[Page 11768]]

issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR part 34, last amended on September 11, 2008, and due 
to expire on February 28, 2016. The license authorizes Mattingly to 
possess and use byproduct material for industrial radiographic 
operations in NRC jurisdiction, and in areas of exclusive Federal 
jurisdiction within Agreement States. Mattingly's main office is 
located in Molt, Montana.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on February 5, 2009, at the NRC Region IV offices in 
Arlington, Texas.

II

    On November 5, 2007, the NRC Office of Investigations (OI) began an 
investigation (OI Case No. 4-2008-009) into Mattingly's activities. 
Based on the evidence developed during its investigation and associated 
inspection, nine apparent violations were identified. In addition, the 
NRC was concerned that willfulness may have been associated with five 
of those apparent violations. The results of the investigation and 
inspection, completed on November 19, 2008, were sent to Mattingly in a 
letter dated December 15, 2008. In response to NRC's December 15, 2008, 
letter, Mattingly requested ADR to resolve these issues.
    On February 5, 2009, the NRC and Mattingly 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 on resolving any differences regarding 
the dispute. This confirmatory order is issued pursuant to the 
agreement reached during the ADR process.

III

    During the February 5, 2009, ADR session, a preliminary settlement 
agreement was reached. The elements of the agreement consisted of the 
following:
    Pursuant to the Nuclear Regulatory Commission Office of 
Enforcement's ADR process, the following are the terms and conditions 
agreed upon in principle by Mattingly and the NRC relating to 
Inspection Report No. 030-20836/2007-003 issued by the NRC to Mattingly 
on December 15, 2008.
    Whereas, NRC's inspection and investigation conducted between 
November 5, 2007, and November 19, 2008, identified nine apparent 
violations of NRC requirements;
    Whereas, the nine apparent violations involved were:
    (1) The failure to provide complete and accurate information to the 
Commission;
    (2) A radiographer's assistant performing radiographic operations 
without wearing a personnel dosimeter;
    (3) A radiographer's assistant using a radiographic exposure device 
without being under the personal supervision of a radiographer;
    (4) The failure to secure a radiographic exposure device containing 
radioactive material with a minimum of two independent physical 
controls when the device was not under constant surveillance by the 
licensee;
    (5) The failure to remove from service a radiographic exposure 
device after it had sustained damage to the locking mechanism and no 
longer operated correctly;
    (6) The failure to notify NRC within 24 hours after the discovery 
of an event involving damage to the locking mechanism of a radiographic 
exposure device;
    (7) Permitting an individual to act as a radiographer's assistant 
without completion of a practical examination on the use of 
radiographic equipment;
    (8) Using pocket dosimeters during radiographic operations that had 
not been checked for correct response to radiation every 12 months as 
required; and,
    (9) The failure to have a functional alarm system to allow the 
licensee to monitor, detect, assess, and respond to unauthorized access 
to radioactive material when left unattended in a portable darkroom;
    Whereas, NRC acknowledges the extensive corrective actions 
Mattingly has already implemented associated with the apparent 
violations, which include:
    (1) Hiring three new office employees to assume various management 
duties;
    (2) Implementing an electronic document storage system;
    (3) Reviewing current practical exam records for accuracy;
    (4) RSO and assistant RSO performing quality reviews of paperwork;
    (5) RSO and assistant RSO performing unannounced inspections at 
jobsites;
    (6) Requiring self and peer-checking for proper dosimetry;
    (7) Requiring radiographer or assistant remain with the truck when 
the radiographic exposure device is within;
    (8) Requiring regular truck inspections and alarm testing;
    (9) Implementing a safety checklist;
    (10) Preparing notification forms to help ensure NRC notifications 
are made;
    (11) Purchasing additional dosimetry devices;
    (12) Requiring practical exams to take place within Mattingly's 
shop;
    (13) Improving the Mattingly continuing education program;
    (14) Sending assistant RSO to the Radiation Safety Academy;
    (15) Establishing a company library and encouraging self-study;
    (16) Submitting a license amendment request to replace the current 
RSO; and
    (17) Implementing a tracking system for dosimetry calibration;
    Whereas, during a subsequent inspection in June 2008, the NRC 
reviewed the effectiveness of these actions and found no safety-
significant violations;
    Whereas, the NRC is concerned that willfulness may be associated 
with apparent violations 1, 3, 5, 7, and 8 above;
    Whereas, Mattingly agrees that apparent violations 2, 4, 6, 8, and 
9 did occur, but denies any willfulness was involved;
    Whereas, Mattingly denies that apparent violations 1, 3, 5, and 7 
occurred and denies that any willfulness was involved;
    Whereas, NRC and Mattingly disagree on the number of violations 
that occurred and whether willfulness was involved;
    Whereas, these terms and conditions shall not be binding on either 
party until memorialized in a confirmatory order issued by the NRC to 
Mattingly relating to this matter;
    Therefore, the parties agree to the following terms and conditions:
    1. Mattingly shall contract with an independent consultant to 
evaluate the effectiveness of its radiation safety and compliance 
programs.
    (1) Within 60 days of the date of this Order, Mattingly will submit 
to the NRC for approval, the name(s) and qualifications of an 
independent consultant(s) to review and evaluate Mattingly's radiation 
safety program and compliance program.
    (2) Within 30 days of NRC approval of the consultant, the 
consultant will commence an assessment of Mattingly's radiation safety 
program.
    (3) The consultant shall review Mattingly's training program and 
provide recommendations for improvement.
    (4) The consultant shall review Mattingly's Operating and Emergency 
Procedures and provide recommendations for improvement.
    (5) Within 30 days following completion of his reviews, the 
consultant will provide Mattingly a report discussing its findings and

[[Page 11769]]

recommendations for program improvements. At the same time the 
consultant provides its report to Mattingly, the consultant will send a 
copy to the Director, Division of Nuclear Materials Safety, U.S. NRC 
Region IV.
    (6) Within 30 days of receiving the consultant's report, Mattingly 
will provide the NRC, in writing, its position on how it will address 
the consultant's findings. In its correspondence to the NRC, Mattingly 
will identify which of the consultant's recommendations it will 
implement and the time frame in which it will implement the 
recommendations. For those recommendations Mattingly does not accept, 
Mattingly will provide the NRC with its justification.
    (7) Within 60 days of receiving the consultant's report, Mattingly 
shall submit a license amendment request incorporating updated 
procedures based on Mattingly's implementation of the consultant's 
recommendations.
    (8) The consultant shall perform an annual audit of Mattingly's 
radiation safety program through calendar year 2012, starting with an 
audit of calendar year 2009 (this will result in 4 annual audits). This 
audit shall be performed in accordance with the suggested audit format 
in NUREG 1556, Volume 2, ``Program-Specific Guidance About Industrial 
Radiography Licenses,'' Appendix I.
    The consultant will send a copy of his annual audit results to the 
Director, Division of Nuclear Materials Safety, U.S. NRC Region IV.
    (9) The consultant shall perform field audits of the performance of 
radiography at temporary jobsites, and these field audits shall be 
performed in accordance with NUREG 1556, Volume 2, Appendix H. The 
field audits shall be unannounced and the auditor shall observe 
Mattingly radiographers actually performing radiographic operations. 
The auditor must make these observations in a manner such that the 
radiographers are unaware of his presence. After observing the 
radiographers perform work, the auditor may announce himself to the 
radiographers in order to continue the audit. These audits shall be 
conducted at least every six months through calendar year 2012, 
beginning within 30 days of NRC approval of the consultant. The 
consultant shall provide NRC with a copy of these audits within one 
week after the audit is completed.
    2. Mattingly shall contract with an independent consultant to 
provide training.
    (1) Within 60 days of the date of this Order, Mattingly will submit 
to the NRC for approval, the name(s) and qualifications of an 
independent consultant(s) to provide training;
    (2) Within 30 days of NRC approval of the consultant, the 
consultant will provide training to the licensee's personnel who engage 
in licensed activities. The training shall include:
    (1) A review of radiation mishaps involving radiography devices or 
gauges;
    (2) A review of the consequences of and the potential actions that 
NRC may take against an individual for deliberate violations of NRC 
requirements;
    (3) A review of NRC requirements and Mattingly's license 
conditions;
    (4) A review of Mattingly's Operating and Emergency Procedures;
    (5) Lessons learned from the circumstances surrounding each of the 
violations and apparent violations identified by the NRC in its 
December 15, 2008, letter;
    (6) Reporting requirements of 10 CFR 30.50 and 10 CFR 34.101; and
    (7) NRC's employee protection requirements contained in 10 CFR 
30.7.
    3. Mattingly may, during the effective period of this order, choose 
to change consultants to fulfill the requirements above after Mattingly 
submits the name(s) and qualifications of the new independent 
consultant(s) and receives NRC approval for the change.
    4. Within 30 days of the date of this order, Mattingly shall submit 
a license amendment request incorporating updated procedures which:
    (a) Require a radiographer or assistant must remain with the 
radiographic exposure device unless the device is properly secured in 
the truck or an approved storage location;
    (b) Require the truck alarm system must be tested immediately prior 
to leaving the truck unattended if the truck is serving as secure 
storage for the radiographic exposure device;
    (c) Include a pre-job safety checklist assuring:
    (1) The radiographer and assistant check each other to assure each 
is wearing properly calibrated, tested, and functioning dosimetry as 
required;
    (2) Radiographers must have, on their person, their certification 
card while at a job site;
    (d) Require the RSO or his assistant to review each document 
required by NRC regulations for accuracy and completeness within 10 
days of creation of said document, indicating such review by initialing 
and dating the document;
    (e) Require the RSO or his assistant to review all training 
records, exams, and certifications of each employee and sign a 
statement that the person is authorized to work with licensed material 
prior to the person functioning in the position of a radiographer or 
radiographer's assistant;
    (f) Provide additional guidance on the reporting requirements 
contained in 10 CFR 30.50 and 10 CFR 34.101;
    (g) Provide guidance on when a radiographic exposure device is 
considered damaged such that it must not be used; and
    (h) Provide employees with a policy statement regarding the 
requirements of 10 CFR 30.7.
    5. Within 30 days from the date of this order, Mattingly will 
develop and implement a disciplinary program with a graded approach for 
infractions. This disciplinary program will consider minor infractions 
up to willful failures to follow the regulations. The disciplinary 
program will emphasize individual responsibility for radiation safety 
and radioactive material security, and will encourage reporting safety 
and security concerns.
    6. In consideration of the above actions on the part of Mattingly, 
NRC agrees to limit the civil penalty amount in this enforcement action 
to $8,000. Accordingly, within 1 year of the date of this order, 
Mattingly shall pay the civil penalty in the amount of $8,000 in 
accordance with NUREG/BR-0254 and submit to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
a statement indicating when and by what method payment was made.
    7. The NRC agrees not to pursue any further enforcement action 
against Mattingly in connection with the apparent violations identified 
in the NRC's December 15, 2008 letter to Mattingly and will not count 
this matter as previous enforcement for the purposes of assessing 
potential future enforcement action in accordance with Section VI.C of 
the Enforcement Policy.
    8. The license which is the subject of this order is modified in 
accordance with the requirements of the order. As such, in the event of 
the transfer of the NRC license for Mattingly, by virtue of sale, 
merger, bankruptcy, agreement or otherwise, the requirements of this 
confirmatory order shall survive any such transfer and shall be binding 
on the new license holder.
    On March 5, 2009, the Licensee consented to issuing this Order with 
the commitments, as 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 the licensee has agreed to take additional actions to address 
NRC

[[Page 11770]]

concerns, as set forth in Item III above, the NRC has concluded that 
its concerns can be resolved through issuance of this Order.
    I find that the Licensee'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 
the Licensee's commitments be confirmed by this Order. Based on the 
above and the Licensee'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 CFR 2.202 and 10 CFR part 34, it is hereby ordered, 
effective immediately, that license no. 25-21479-01 is modified as 
follows:
    1. Mattingly shall contract with an independent consultant to 
evaluate the effectiveness of its radiation safety and compliance 
programs.
    (1) Within 60 days of the date of this Order, Mattingly will submit 
to the NRC for approval, the name(s) and qualifications of an 
independent consultant(s) to review and evaluate Mattingly's radiation 
safety program and compliance program.
    (2) Within 30 days of NRC approval of the consultant, the 
consultant will commence an assessment of Mattingly's radiation safety 
program.
    (3) The consultant shall review Mattingly's training program and 
provide recommendations for improvement.
    (4) The consultant shall review Mattingly's Operating and Emergency 
Procedures and provide recommendations for improvement.
    (5) Within 30 days following completion of his reviews, the 
consultant will provide Mattingly a report discussing its findings and 
recommendations for program improvements. At the same time the 
consultant provides its report to Mattingly, the consultant will send a 
copy to the Director, Division of Nuclear Materials Safety, U.S. NRC 
Region IV.
    (6) Within 30 days of receiving the consultant's report, Mattingly 
will provide the NRC, in writing, its position on how it will address 
the consultant's findings. In its correspondence to the NRC, Mattingly 
will identify which of the consultant's recommendations it will 
implement and the timeframe in which it will implement the 
recommendations. For those recommendations Mattingly does not accept, 
Mattingly will provide the NRC with its justification.
    (7) Within 60 days of receiving the consultant's report, Mattingly 
shall submit a license amendment request incorporating updated 
procedures based on Mattingly's implementation of the consultant's 
recommendations.
    (8) The consultant shall perform an annual audit of Mattingly's 
radiation safety program through calendar year 2012, starting with an 
audit of calendar year 2009 (this will result in 4 annual audits). This 
audit shall be performed in accordance with the suggested audit format 
in NUREG 1556, Volume 2 ``Program-Specific Guidance About Industrial 
Radiography Licenses,'' Appendix I. The consultant will send a copy of 
his annual audit results to the Director, Division of Nuclear Materials 
Safety, U.S. NRC Region IV.
    (9) The consultant shall perform field audits of the performance of 
radiography at temporary jobsites, and these field audits should be 
performed in accordance with NUREG 1556, Volume 2, Appendix H. The 
field audits shall be unannounced and the auditor shall observe 
Mattingly radiographers actually performing radiographic operations. 
The auditor must make these observations in a manner such that the 
radiographers are unaware of his presence. After observing the 
radiographers perform work, the auditor may announce himself to the 
radiographers in order to continue the audit. These audits shall be 
conducted at least every 6 months through calendar year 2012, beginning 
within 30 days of NRC approval of the consultant. The consultant shall 
provide NRC with a copy of these audits within one week after the audit 
is completed.
    2. Mattingly shall contract with an independent consultant to 
provide training.
    (a) Within 60 days of the date of this Order, Mattingly will submit 
to the NRC for approval, the name(s) and qualifications of an 
independent consultant(s) to provide training;
    (b) Within 30 days of NRC approval of the consultant, the 
consultant will provide training to the licensee's personnel who engage 
in licensed activities. The training shall include:
    (1) A review of radiation mishaps involving radiography devices or 
gauges;
    (2) A review of the consequences of and the potential actions that 
NRC may take against an individual for deliberate violations of NRC 
requirements;
    (3) A review of NRC requirements and Mattingly's license 
conditions;
    (4) A review of Mattingly's Operating and Emergency Procedures;
    (5) Lessons learned from the circumstances surrounding each of the 
violations and apparent violations identified by the NRC in its 
December 15, 2008, letter;
    (6) Reporting requirements of 10 CFR 30.50 and 10 CFR 34.101; and
    (7) NRC's employee protection requirements contained in 10 CFR 
30.7.
    3. Mattingly may, during the effective period of this order, choose 
to change consultants to fulfill the requirements above after Mattingly 
submits the name(s) and qualifications of the new independent 
consultant(s) and receives NRC approval for the change.
    4. Within 30 days of the date of this order, Mattingly shall submit 
a license amendment request incorporating updated procedures which:
    (a) Require a radiographer or assistant must remain with the 
radiographic exposure device unless the device is properly secured in 
the truck or an approved storage location;
    (b) Require the truck alarm system must be tested immediately prior 
to leaving the truck unattended if the truck is serving as secure 
storage for the radiographic exposure device;
    (c) Include a pre-job safety checklist assuring:
    (1) The radiographer and assistant check each other to assure each 
is wearing properly calibrated, tested, and functioning dosimetry as 
required;
    (2) Radiographers must have, on their person, their certification 
card while at a job site;
    (d) Require the RSO or his assistant to review each document 
required by NRC regulations for accuracy and completeness within 10 
days of creation of said document, indicating such review by initialing 
and dating the document;
    (e) Require the RSO or his assistant to review all training 
records, exams, and certifications of each employee and sign a 
statement that the person is authorized to work with licensed material 
prior to the person functioning in the position of a radiographer or 
radiographer's assistant;
    (f) Provide additional guidance on the reporting requirements 
contained in 10 CFR 30.50 and 10 CFR 34.101;
    (g) Provide guidance on when a radiographic exposure device is 
considered damaged such that it must not be used; and
    (h) Provide employees with a policy statement regarding the 
requirements of 10 CFR 30.7.
    5. Within 30 days from the date of this order, Mattingly will 
develop and implement a disciplinary program with

[[Page 11771]]

a graded approach for infractions. This disciplinary program will 
consider minor infractions up to willful failures to follow the 
regulations. The disciplinary program will emphasize individual 
responsibility for radiation safety and radioactive material security, 
and will encourage reporting safety and security concerns.
    6. In consideration of the above actions on the part of Mattingly, 
NRC agrees to limit the civil penalty amount in this enforcement action 
to $8,000. Accordingly, within 1 year of the date of this order, 
Mattingly shall pay the civil penalty in the amount of $8,000 in 
accordance with NUREG/BR-0254 and submit to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
a statement indicating when and by what method payment was made.
    7. The license which is the subject of this order is modified in 
accordance with the requirements of the order. As such, in the event of 
the transfer of the NRC license for Mattingly, by virtue of sale, 
merger, bankruptcy, agreement or otherwise, the requirements of this 
confirmatory order shall survive any such transfer and shall be binding 
on the new license holder.
    The Regional Administrator, Region IV, 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 directed 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.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August 2007, 72 FR 49139 
(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 
<a href="/cdn-cgi/l/email-protection#49010c081b00070e0d060a020c1d09071b0a670e061f"><span class="__cf_email__" data-cfemail="e7afa2a6b5aea9a0a3a8a4aca2b3a7a9b5a4c9a0a8b1">[email protected]</span></a>, 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 Viewer \TM\ to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer \TM\ is free and is available at http://www.nrc.gov/site-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/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 Web site 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.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site 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 electronic filing Help Desk can be contacted 
by telephone at 1-866-672-7640 or by e-mail at <a href="/cdn-cgi/l/email-protection#bff2ecf7fb91eddaccd0cacddcdaffd1cddc91d8d0c9"><span class="__cf_email__" data-cfemail="4b0618030f65192e38243e39282e0b253928652c243d">[email protected]</span></a>.
    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 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.
    If a person other than Mattingly 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 of this Order

[[Page 11772]]

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 6th day of March 2009.
Elmo E. Collins,
Regional Administrator.
[FR Doc. E9-5999 Filed 3-18-09; 8:45 am]
BILLING CODE 7590-01-P


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