Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55427 

contentions which the petitioner/ 

requestor seeks to have litigated at the 

proceeding. Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner/requestor must 

also provide references to those specific 

sources and documents of which the 

petitioner is aware and on which the 

petitioner intends to rely to establish 

those facts or expert opinion. The 

petition must include sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact. 

Contentions shall be limited to matters 

within the scope of the amendment 

under consideration. The contention 

must be one which, if proven, would 

entitle the petitioner to relief. A 

petitioner/requestor who fails to satisfy 

these requirements with respect to at 

least one contention will not be 

permitted to participate as a party. Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing. If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

Nontimely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission or the presiding officer of 

the Atomic Safety and Licensing Board 

that the petition, request and/or the 

contentions should be granted based on 

a balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

A request for a hearing or a petition 

for leave to intervene must be filed 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; (2) courier, express 

mail, and expedited delivery services: 

Office of the Secretary, Sixteenth Floor, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, 

Attention: Rulemaking and 

Adjudications Staff; (3) E-mail 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

HEARINGDOCKET@NRC.GOV; or (4) 

facsimile transmission addressed to the 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC, Attention: Rulemakings and 

Adjudications Staff at (301) 415–1101, 

verification number is (301) 415–1966. 

A copy of the request for hearing and 

petition for leave to intervene should 

also be sent to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, and it is requested that copies be 

transmitted either by means of facsimile 

transmission to (301) 415–3725 or by email to OGCMailCenter@nrc.gov. A copy 

of the request for hearing and petition 

for leave to intervene should also be 

sent to Ms. Lisa F. Vaughn, Duke Energy 

Corporation, 422 S. Church Street, Mail 

Code–PB05E, Charlotte, NC 28201–

1006, attorney for the licensee. 

For further details with respect to this 

action, see the application for 

amendment dated September 15, 2005, 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, File Public Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible from 

the Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, (301) 415–4737, or by e-mail 

to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 16th day 

of September 2005. 

For The Nuclear Regulatory Commission. 

Leonard N. Olshan, 

Project Manager, Section 1, Project 

Directorate II, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 05–18917 Filed 9–20–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–346] 

Firstenergy Nuclear Operating 

Company; Davis-Besse Nuclear Power 

Station, Unit 1; Notice of Withdrawal of 

Application for Amendment to Facility 

Operating License 

The U.S. Nuclear Regulatory 

Commission (the Commission) has 

granted the request of FirstEnergy 

Nuclear Operating Company (the 

licensee) to withdraw its May 3, 2004, 

application for proposed amendment to 

Facility Operating License No. NPF–3; 

for the Davis-Besse Nuclear Power 

Station (DBNPS), Unit 1, located in 

Ottawa County, Ohio. The proposed amendment would 

have changed the facility as described in 

the DBNPS Updated Safety Analysis 

Report to modify the design 

requirements for the emergency diesel 

generators (EDGs). Specifically, the 

proposed amendment would have 

allowed a departure from the regulatory 

position of Safety Guide 9, ‘‘Selection of 

Diesel Generator Set Capacity for 

Standby Power Supplies,’’ for the 

frequency and voltage transient during 

the EDG automatic loading sequence. The Commission had previously 

issued a Notice of Consideration of 

Issuance of Amendment published in 

the Federal Register on May 25, 2004 

(69 FR 29767). However, by letter dated 

August 29, 2005, the licensee withdrew 

the proposed change. For further details with respect to this 

action, see the application for 

amendment dated May 3, 2004 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML041260319), as 

supplemented by letter dated April 28, 

2005 (ADAMS Accession No. 

ML051220367), and the licensee’s letter 

dated August 29, 2005 (ADAMS 

Accession No. ML052440346), which 

withdrew the application for license 

amendment. Documents may be 

examined, and/or copied for a fee, at the 

NRC’s Public Document Room (PDR), 

located at One White Flint North, Public 

File Area 01 F21, 11555 Rockville Pike 

(first floor), Rockville, Maryland. 

Publicly available records will be 

accessible electronically from the 

ADAMS Public Electronic Reading 

Room on the internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

adams/html. Persons who do not have 

access to ADAMS or who encounter 

problems in accessing the documents 

located in ADAMS, should contact the 

NRC PDR Reference staff by telephone 

at 1–800–397–4209, or (301) 415–4737 

or by e-mail to pdr@nrc.gov. 

55428 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

Dated at Rockville, Maryland, this 14th day 

of September 2005. 

For the Nuclear Regulatory Commission. 

William A. Macon, Jr., 

Project Manager, Section 2, Project 

Directorate III, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 05–18798 Filed 9–20–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–05–042] 

John Myers, Order Prohibiting 

Involvement in NRC-Licensed 

Activities (Effective Immediately) 

I 

John Myers (Mr. Myers) is owner, 

President and sole employee of 

Universal Calibrations, located in 

Westbrook, Maine. Universal 

Calibrations does not possess a license 

issued by the Nuclear Regulatory 

Commission pursuant to 10 CFR part 30 

or any Agreement State. Mr. Myers is 

certified by Campbell-Pacific Nuclear 

International, Inc. (CPN) a manufacturer 

of nuclear gauging devices, and an 

Agreement State Licensee located in 

California, to sell and repair their 

portable gauges and to train users in 

gauge operations. Mr. Myers performed 

such services for Engineering 

Consulting Service, (ECS, now ECS MidAtlantic, LLC), an NRC licensee, based 

on his CPN certifications. These services 

were provided to the licensee at its 

Richmond and Chantilly, Virginia 

facilities. 

II 

On April 9, 2004, the NRC Office of 

Investigations (OI) initiated an 

investigation to determine if Mr. Myers 

(1) deliberately provided materially 

inaccurate information to staff at the 

ECS, Richmond, facility in order to 

purchase a portable nuclear gauge 

containing NRC licensed material with 

the knowledge that he was not 

authorized to possess licensed material, 

and (2) took possession of several other 

portable nuclear gauges from the ECS, 

Chantilly Facility without a NRC or 

Agreement State license. OI Report No. 

1–2004–019 was issued on March 16, 

2005, and the information developed 

during that investigation concluded that 

Mr. Myers was not licensed by the NRC 

or an Agreement State, to acquire or 

possess licensed material in moisture/ 

density gauging devices. Based on the 

evidence developed during the 

investigation, the NRC concluded that 

Mr. Myers (1) took possession of a 

portable nuclear gauge on September 15, 

2003, from the ECS, Richmond, facility 

after deliberately providing materially 

inaccurate information to facility staff, 

with the knowledge that he was not 

authorized to possess licensed material 

and (2) took possession of several 

portable nuclear gauges on April 29, 

2004, and other undetermined dates 

prior to this date, from the ECS, 

Chantilly Facility and transported them 

to the State of Maine. Mr. Myers was not 

licensed by the NRC as required under 

10 CFR part 30 or an Agreement State, 

to acquire or possess any of the gauges. 

During a previous investigation (OI 

Case No. 1–2004–018), issued on 

November 30, 2004, the NRC also 

determined that in November 2003, Mr. 

Myers took possession of a portable 

nuclear gauge from Triad Engineering, 

Inc. without a license to do so. On 

February 24, 2005, a Notice of Violation 

was issued to Triad Engineering, Inc. for 

transferring licensed material to Mr. 

Myers without verifying that he was 

authorized to receive the material. 

In all of the cases, Mr. Myers 

transported the portable nuclear gauges 

(containing NRC licensed radioactive 

material) that he acquired from the ECS 

facilities and Triad Engineering, to his 

facility (UC) in the State of Maine, 

knowing that he was not authorized to 

do so. 

III 

Based on the above, the NRC has 

concluded that Mr. Myers, owner, 

President and sole employee of 

Universal Calibrations, deliberately 

violated 10 CFR 30.3 when he took 

possession of several portable gauging 

devices containing licensed radioactive 

material without a NRC or Agreement 

State license to possess byproduct 

material. 10 CFR 30.3 requires that no 

person shall manufacture, produce, 

transfer, receive, acquire, own, possess, 

or use byproduct material except as 

authorized in a specific or general 

license. This requirement is intended to 

assure that such persons have the 

requisite facilities, training and 

experience to protect public health and 

safety from any radiation hazard 

associated with the use of byproduct 

material. The NRC must be able to rely 

on its licensees, and employees of 

licensees, to comply with NRC 

requirements, including the requirement 

that licensed material cannot be 

acquired, possessed or transferred 

without a specific or general license. 

The deliberate violation of 10 CFR 30.3 

by Mr. Myers, as discussed above, has 

raised serious doubt as to whether he 

can be relied upon to comply with NRC 

requirements in the future. 

Consequently, I lack the requisite 

reasonable assurance that licensed 

activities can be conducted in 

compliance with the Commission’s 

requirements and that the health and 

safety of the public will be protected if 

Mr. Myers were permitted at this time 

to be involved in NRC-licensed 

activities. Therefore, the public health, 

safety and interest require that Mr. 

Myers be prohibited from any 

involvement in NRC-licensed activities 

for a period of five (5) years from the 

date of this Order. Furthermore, 

pursuant to 10 CFR 2.202, I find that the 

significance of Mr. Myers’ conduct 

described above is such that the public 

health, safety and interest require that 

this Order be immediately effective. 

IV 

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, 10 CFR 30.10, and 10 CFR 

150.20, it is hereby ordered, effective 

immediately, that: 

1. Mr. John Myers is prohibited from 

engaging in NRC-licensed activities for 

a period of five (5) years from the date 

of this Order. NRC-licensed activities 

are those activities that are conducted 

pursuant to a specific or general license 

issued by the NRC, including, but not 

limited to, those activities of Agreement 

State licensees conducted pursuant to 

the authority granted by 10 CFR 150.20. 

2. If Mr. John Myers is currently 

involved in NRC-licensed activities, he 

must immediately cease those activities, 

and inform the NRC of the name, 

address and telephone number of the 

employer or other entity, and provide a 

copy of this Order to the employer or 

other entity. 

3. Subsequent to expiration of the five 

year prohibition, Mr. John Myers shall, 

for the next five years and within 20 

days of acceptance of his first 

employment offer involving NRClicensed activities or his becoming 

involved in NRC-licensed activities, as 

defined in Paragraph IV.1 above, 

provide notice to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, of 

the name, address, and telephone 

number of the employer or entity where 

he is, or will be, involved in the NRClicensed activities. In the notification, 

John Myers shall include a statement of 

his commitment to compliance with 

regulatory requirements and the basis 

why the Commission should have 

confidence that he will now comply 

with applicable NRC requirements. 

The Director, Office of Enforcement, 

may, in writing, relax or rescind any of