Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24991 

Estimated Total Burden Hours: 126.67 

hours. 

Total Burden Cost: The estimated 

total burden cost is $4,862.89 as shown 

below: 

Category 

Estimated 

number of 

respondents 

Total hours Median hourly 

wage 

Total 

annualized 

cost 

Postsecondary education administrators (95.3 percent of respondents) ........ 181 120.67 $38.79 $4,680.79 

Local government social and community service managers (4.7 percent of 

respondents) ................................................................................................ 9 6.00 30.35 182.10

Total .......................................................................................................... ........................ 126.67 ........................ 4,862.89 

Comments submitted in response to 

this comment request will be 

summarized and/or included in the 

request for Office of Management and 

Budget approval of the information 

collection request; they will also 

become a matter of public record. 

Signed: At Washington, DC this 30th day 

of April, 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2010–10603 Filed 5–5–10; 8:45 am] 

BILLING CODE 4510–FN–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 70–1257; License No.: SNM– 

1227; EA–09–272] 

In the Matter of AREVA NP, Inc.; 

Confirmatory Order (Effective 

Immediately) [NRC–2010–0172] 

I 

AREVA NP, Inc. (AREVA or Licensee) 

is the holder of Materials License No. 

SNM–1227 issued by the Nuclear 

Regulatory Commission (NRC or 

Commission) pursuant to 10 CFR Part 

70. The license in effect at the time of 

the incident described below was most 

recently amended via Amendment 49, 

issued on July 9, 2007. The NRC 

renewed Materials License No. SNM– 

1227, effective April 24, 2009. The 

license authorizes the operation of the 

AREVA NP facility in accordance with 

the conditions specified therein. The 

facility is located at the AREVA site in 

Richland, Washington. 

This Confirmatory Order is the result 

of an agreement reached during an 

alternative dispute resolution (ADR) 

mediation session conducted on March 

9, 2010. 

II 

On September 23, 2009, the NRC’s 

Office of Investigations (OI) completed 

an investigation (OI Case No. 2–2009– 

025) regarding activities at the AREVA 

facility located in Richland, 

Washington. Based on the evidence 

developed during the investigation, the 

NRC staff concluded that on April 21, 

2009, Item Relied On For Safety (IROFS) 

1111, an electronic eye sensor known as 

the vacuum wand interlock, was 

deliberately bypassed by an employee 

and made to work by using tape. These 

actions violated Standard Operating 

Procedure (SOP) 40486, ‘‘Richland 

Operations General Rules,’’ Version 

16.0, Section 7.0 which states that 

‘‘interlocks, limit switches and any other 

safety-related equipment are never to be 

bypassed, made to work by using tape 

or other material, or adjusted by anyone 

except for a defined purpose and in 

accordance with an approved 

procedure.’’ As a result, IROFS 1111 was 

not available and reliable as required by 

10 CFR 70.61(e). 

III 

On March 9, 2010, the NRC and 

AREVA met in an ADR session 

mediated by a professional mediator, 

which was arranged through Cornell 

University’s Institute on Conflict 

Resolution. ADR is a process in which 

a neutral mediator with no decisionmaking 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 AREVA agreed that 

the incident that occurred on April 21, 

2009, as described in NRC’s January 6, 

2010, letter, constituted a violation of 

SOP 40486, and that the operator’s 

actions were deliberate. The NRC and 

AREVA also agreed that, although the 

vacuum wand interlock IROFS was 

disabled, sufficient system IROFS 

remained in service to perform the 

intended safety function for identified 

accident scenarios. 

2. Based on AREVA’s review of the 

incident and NRC concerns associated 

with precluding recurrence of the 

violation, AREVA completed the 

following corrective actions and 

enhancements: 

a. The equipment was returned to 

normal operation and safety function 

was verified; 

b. The employee was immediately 

relieved of duties pending an 

investigation; 

c. A charter was established and a 

root cause investigation was performed; 

d. Although not reportable, AREVA 

notified the NRC of the incident in a 

timely manner; 

e. Disciplinary action was 

administered in accordance with 

company policies; 

f. AREVA Richland management held 

stand down meetings with all Richland 

employees to reinforce obligations with 

respect to willful misconduct, 

procedural compliance, potential event 

repercussions, personal accountability, 

problem reporting, open 

communications, opportunities for 

employees to raise issues and other 

discussion topics; 

g. Lessons learned from this incident 

were communicated internally and to 

all other AREVA U.S. Special Nuclear 

Material (SNM) licensed facilities 

within the AREVA U.S. fuel 

organization; 

h. AREVA conducted an extent of 

condition review with operators in all 

product centers and determined that the 

incident was isolated; and 

i. Safety Conscious Work 

Environment (SCWE) training was 

conducted for employees at all AREVA 

SNM licensed facilities within the 

AREVA U.S. fuel organization. 

3. In addition to the actions 

completed by AREVA as discussed 

above, AREVA agreed to additional 

corrective actions and enhancements, as 

fully delineated below in Section V of 

this Confirmatory Order. 

4. AREVA agreed to complete the 

items listed in Section V within 12 

months of issuance of this Confirmatory 

Order. 

5. Within three months of completion 

of the terms of this Confirmatory Order, 

AREVA will provide the NRC with a 

letter discussing its basis for concluding 

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24992 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 

that this Confirmatory Order has been 

satisfied. 

6. The NRC and AREVA agreed that: 

(1) The actions referenced in Section 

III.2 and Section V will be incorporated 

into a Confirmatory Order; and (2) the 

resulting Confirmatory Order will be 

considered by the NRC for any 

assessment of AREVA, as appropriate. 

7. In consideration of the completed 

corrective actions delineated in Section 

III.2 and the Commitments delineated in 

Section V of this Confirmatory Order, 

the NRC agrees to refrain from 

proposing a civil penalty or issuing a 

Notice of Violation for the matter 

discussed in the NRC’s letter to AREVA 

of January 6, 2010 (EA–09–272). 

8. This agreement is binding upon 

successors and assigns of AREVA NP 

Inc. 

On April 14, 2010, AREVA consented 

to issuance of this Confirmatory Order 

with the commitments, as described in 

Section V below. AREVA further agreed 

that this Confirmatory Order is to be 

effective upon issuance and that it has 

waived its right to a hearing. 

IV 

Since AREVA has completed the 

actions as delineated in Section III.2, 

and agreed to take the actions as set 

forth in Section V, the NRC has 

concluded that its concerns can be 

resolved through issuance of this 

Confirmatory Order. 

I find that AREVA’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 

AREVA’s commitments be confirmed by 

this Confirmatory Order. Based on the 

above and AREVA’s consent, this 

Confirmatory Order is immediately 

effective upon issuance. 

V 

Accordingly, pursuant to Sections 51, 

53, 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 70, it is 

hereby ordered, effective immediately, 

that license No. SNM–1227 be modified 

as follows: 

a. AREVA will incorporate lessons 

learned from this incident, including 

enhanced SCWE training, into General 

Employee Training for new employees 

and annual refresher training for all 

AREVA Richland employees; 

b. AREVA will implement a 

management observation program at 

Richland for the purpose of reinforcing 

task performance standards and work 

practices; 

c. AREVA Richland Site Operations 

will perform a survey to determine the 

results of efforts to increase supervisor 

availability in the work area; 

d. AREVA will develop a presentation 

and offer to present the detail of this 

incident and lessons learned with 

regard to work practices to a future 

industry forum such as the annual Fuel 

Cycle Information Exchange. 

e. AREVA agrees to complete the 

above items within 12 months of 

issuance of this Confirmatory Order. 

f. Within three months of completion 

of the terms of this Confirmatory Order, 

AREVA will provide the NRC with a 

letter discussing its basis for concluding 

that this Confirmatory 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 AREVA 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 publication in the Federal 

Register. 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. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the Internet, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E–Filing, at least ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (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 proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the E– 

Submittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

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

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange (EIE), users will 

be required to install a Web browser 

plug-in from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

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

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. 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 documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

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 

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24993 

the submitter an e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC 

Meta System Help Desk is available 

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

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, 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. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use 

E-Filing if the presiding officer 

subsequently determines that the reason 

for granting the exemption from use of 

E-Filing no longer exists. 

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, or the 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, unless an NRC regulation 

or other law requires submission of such 

information. 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 

submission. 

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. 

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 this Confirmatory 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 

confirmatory order. 

Dated this 26th day of April 2010. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Deputy Regional Administrator for 

Operations. 

[FR Doc. 2010–10678 Filed 5–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–011; NRC–2008–0252] 

Southern Nuclear Operating Company; 

Notice of Consideration of Issuance of 

Amendment to Early Site Permit, 

Proposed No Significant Hazards 

Consideration Determination, and 

Opportunity for a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license amendment 

request, opportunity to comment, and 

opportunity to request a hearing. 

DATES: Submit comments by May 20, 

2010. Requests for a hearing or leave to 

intervene must be filed by July 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Chandu Patel, Project Manager, AP1000 

Projects Branch 1, Division of New 

Reactors Licensing, Office of New 

Reactors, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

001. Telephone: (301) 415–3025; fax 

number: (301) 415–6350; e-mail: 

Chandu.Patel@nrc.gov. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2008– 

0252 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. 

You may submit comments by any 

one of the following methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0252. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Chief, Rulemaking, 

Announcements and Directives Branch 

(RADB), Office of Administration, Mail 

Stop: TWB–05–B01M, U.S. Nuclear 

Regulatory Commission, Washington, 

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