Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3103 

They will also become a matter of 

public record. 

Dr. Walter Kit, 

NASA Clearance Officer. 

[FR Doc. E9–869 Filed 1–15–09; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos.: 50–327, 50–328; License 

Nos.: DPR–77, DPR–79; EA–08–211; NRC– 

2009–0006] 

In the Matter of Tennessee Valley 

Authority, Sequoyah Nuclear Plant; 

Confirmatory Order (Effective 

Immediately) 

I 

Tennessee Valley Authority (TVA or 

Licensee) is the holder of Operating 

License Nos. DPR–77 and DPR–79, 

issued by the Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to 10 CFR Part 50 on 

September 17, 1980, and September 15, 

1981, respectively. The license 

authorizes the operation of Sequoyah 

Nuclear Plant, Units 1 and 2, (Sequoyah 

or facility) in accordance with 

conditions specified therein. The 

facility is located on the Licensee’s site 

in Soddy-Daisy, Tennessee. 

This Confirmatory Order is the result 

of an agreement reached during an 

alternative dispute resolution (ADR) 

mediation session conducted on 

September 22, 2008. 

II 

On April 18, 2008, the NRC’s Office 

of Investigations (OI) completed an 

investigation (OI Case No. 2–2007–025) 

regarding activities at the Sequoyah 

Nuclear Plant. Based on the evidence 

developed during the investigation, the 

NRC staff concluded that on May 31, 

2007, a contract security sergeant at 

Sequoyah deliberately falsified an 

equipment inventory form, and caused 

TVA to be in apparent violation of NRC 

and licensee requirements, including 10 

CFR 50.9(a), Completeness and 

Accuracy of Information, the Sequoyah 

Physical Security Plan, and 

implementing procedure NSDP–26, 

Weapons Accountability. The results of 

the investigation were sent to TVA in a 

letter dated August 15, 2008. 

III 

On September 22, 2008, the NRC and 

TVA 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 or 

resolving any differences regarding their 

dispute. This confirmatory order is 

issued pursuant to the agreement 

reached during the ADR process. The 

elements of the agreement consist of the 

following: 

1. The NRC and TVA agreed that a 

contract security supervisor at Sequoyah 

failed to conduct an adequate inventory 

of security equipment. To conceal the 

inadequate inventory, the supervisor 

deliberately destroyed the record of the 

inventory, and falsified a newly created 

record that replaced the destroyed 

document. These actions placed TVA in 

violation of 10 CFR 50.9(a), the 

Sequoyah Physical Security Plan, and 

Sequoyah Procedure NSDP–26. 

2. Based on TVA’s review of the 

incident and NRC concerns with respect 

to precluding recurrence of the 

violation, TVA agreed to corrective 

actions and enhancements, as fully 

delineated in Section V of the 

Confirmatory Order. 

3. At the ADR session, the NRC and 

TVA agreed that the above elements 

involving the violation, and TVA’s 

corrective actions and enhancements as 

delineated in Section V, will be 

incorporated into a Confirmatory Order. 

The resulting Confirmatory Order will 

beconsidered by the NRC for any 

assessment of Sequoyah, as appropriate. 

4. In consideration of the 

commitments delineated in Section V of 

this Confirmatory Order, the NRC 

agreed to refrain from proposing a civil 

penalty or issuing a Notice of Violation 

for all matters discussed in the NRC’s 

letter to TVA of August 15, 2008 (EA– 

08–211). 

5. This agreement is binding upon 

successors and assigns of the Sequoyah 

Nuclear Plant and TVA. 

On December 12, 2008, the Licensee 

consented to issuance of 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 

actions to address the violation as set 

forth in Section 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 

104b, 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–77 

and DPR–79 are modified as follows: 

a. TVA will ensure that site security 

procedures for all TVA nuclear sites are 

revised such that original documents 

required to be maintained by site 

security procedures are not destroyed, 

and are retained in accordance with 

regulatory requirements. 

b. As part of first line supervisory 

training for security supervisors, TVA 

will provide fleet-wide training related 

to Civil Treatment/Ethics, Roles of the 

Supervisor, Communication in the 

Workplace, Standards of Conduct, 

Coaching and Counseling Employees, 

Operational Issues and Operating 

Experience, Leadership, Administration, 

Client Interface/Service, Regulatory 

Reporting Requirements, Safety, and 

Security Observation Program. Upon 

completion of TVA’s transition to an inhouse security force, TVA will ensure 

that security supervisors receive 

training consistent with first line 

supervisors in other disciplines. 

c. TVA will ensure that security 

personnel at all TVA nuclear sites 

receive annual training on the use of 

TVA’s internal programs for resolution 

of issues/deficiencies (e.g., Corrective 

Action Program, Employees Concerns 

Program), consistent with training 

received by TVA personnel requiring 

unescorted access to the TVA nuclear 

sites. 

d. Beginning within 30 days of the 

issuance of this Confirmatory Order, 

TVA will conduct a minimum of 15 

observations of Sequoyah security 

activities each month, until TVA 

transitions to an in-house security force. 

e. TVA agrees to complete items V.a 

through V.d above no later than 

September 30, 2009. 

f. During TVA’s transition to an inhouse security force, each TVA nuclear 

site will conduct meetings at a 

minimum of twice each month with the 

security contractor, to monitor the status 

of corrective actions associated with the 

Security Independent Evaluation 

referenced below. 

g. TVA will assess the effectiveness of 

the corrective actions and 

enhancements identified in its Security 

Independent Evaluation, and the results 

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3104 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

of this follow-up assessment will be 

factored into the TVA Corrective Action 

Program. TVA agrees to complete the 

assessment of the effectiveness of the 

corrective actions and enhancements no 

later than June 30, 2010. 

h. Upon completion of the terms of 

the Confirmatory Order, TVA will 

provide the NRC with a letter discussing 

its basis for concluding that the Order 

has been satisfied. 

The Regional Administrator, NRC 

Region II, may relax or rescind, in 

writing, any of the above conditions 

upon a showing by TVA 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. 

If a person other than TVA 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 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. 

A request for a hearing must be filed 

in accordance with the NRC E-Filing 

rule, which became effective on October 

15, 2007. The NRC E-filing Final Rule 

was issued on August 28, 2007 (72 FR 

49,139) and was codified in pertinent 

part at 10 CFR Part 2, Subpart B. 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 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 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, 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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.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 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. 

VII 

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 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 5th day of January 2009. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Deputy Regional Administrator. 

[FR Doc. E9–823 Filed 1–15–09; 8:45 am] 

BILLING CODE 7590–01–P 

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