Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Notices 9869

give interested parties adequate time to

prepare their comments on this draft

guide. DG–0005 is the Second Proposed

Revision 2 to Regulatory Guide 10.5,

which was issued in October 1994

(noticed at 10 CFR 55141). This guide is

being revised to provide guidance on

the type and extent of information

needed by the NRC staff to evaluate

applications for a specific license of

broad scope for byproduct material.

Comments received after March 31,

1995, will be considered if it is practical

to do so, but the NRC can assure

consideration only for comments

received by this date. Comments should

be accompanied by supporting data.

Written comments may be submitted to

the Rules Review and Directives Branch,

Division of Freedom of Information and

Publications Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Comments may be submitted

electronically, in either ASCII text or

Wordperfect format (version 5.1 or

later), by calling the NRC Electronic

Bulletin Board on FedWorld. The

bulletin board may be accessed using a

personal computer, a modem, and one

of the commonly available

communications software packages, or

directly via Internet. Background

documents on the rulemaking are also

available for downloading and viewing

on the bulletin board.

If using a personal computer and

modem, the NRC subsystem on

FedWorld can be accessed directly by

dialing the toll free number: 1–800–

303–9672.

Communication software parameters

should be set as follows: parity to none,

data bits to 8, and stop bits to 1 (N,8,1).

Using ANSI or VT–100 terminal

emulation, the NRC NUREGs and

RegGuides for Comment subsystem can

then be accessed by selecting the ‘‘Rules

Menu’’ option from the ‘‘NRC Main

Menu.’’ For further information about

options available for NRC at FedWorld,

consult the ‘‘Help/Information Center’’

from the ‘‘NRC Main Menu.’’ Users will

find the ‘‘FedWorld Online User’s

Guides’’ particularly helpful. Many NRC

subsystems and databases also have a

‘‘Help/Information Center’’ option that

is tailored to the particular subsystem.

The NRC subsystem FedWorld can

also be accessed by a direct dial phone

number for the main FedWorld BBS:

703–321–8020; Telnet via Internet:

fedworld.gov (192.239.93.3); File

Transfer Protocol (FTP) via Internet:

ftp.fedworld.gov (192.239.92.205); and

World Wide Web using: http://

www.fedworld.gov (this is the Uniform

Resource Locator (URL)).

If using a method other than the toll

free number to contact FedWorld, the

NRC subsystem will be accessed from

the main FedWorld menu by selecting

the ‘‘F—Regulatory, Government

Administration and State Systems,’’

then selecting ‘‘A—Regulatory

Information Mall.’’ At that point, a

menu will be displayed that has an

option ‘‘A—U.S. Nuclear Regulatory

Commission’’ that will take you to the

NRC Online main menu. You can also

go directly to the NRC Online area by

typing ‘‘/go nrc’’ at a FedWorld

command line. If you access NRC from

FedWorld’s main menu, you may return

to FedWorld by selecting the ‘‘Return to

FedWorld’’ option from the NRC Online

Main Menu. However, if you access

NRC at FedWorld by using NRC’s tollfree number, you will have full access

to all NRC systems but you will not

have access to the main FedWorld

system. For more information on NRC

bulletin boards call Mr. Arthur Davis,

Systems Integration and Development

Branch, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

telephone (301) 415–5780; e-mail

AXD3@nrc.gov.

Regulatory guides are available for

inspection at the Commission’s Public

Document Room, 2120 L Street NW.,

Washington, DC. Requests for single

copies of draft guides (which may be

reproduced) or for placement on an

automatic distribution list for single

copies of future draft guides in specific

divisions should be made in writing to

the U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Director, Distribution and

Mail Services Section. Telephone

requests cannot be accommodated.

Regulatory guides are not copyrighted,

and Commission approval is not

required to reproduce them.

(5 U.S.C. 552(a))

Dated at Rockville, Md, this 14th day of

February 1995.

For the Nuclear Regulatory Commission.

Bill M. Morris,

Director, Division of Regulatory Applications,

Office of Nuclear Regulatory Research.

[FR Doc. 95–4267 Filed 2–21–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 030–31252; License No. 35–

26996–01; EA 95–018]

Blackhawk Engineering, Inc., and

Maria Hollingsworth (dba Blackhawk

Engineering, Inc.) Tulsa, OK; Order to

Cease and Desist Use and Possession

of Regulated Byproduct Material

I

Blackhawk Engineering, Inc.

(Blackhawk) was issued Byproduct

Material License 35–26996–01 by the

Nuclear Regulatory Commission (NRC

or Commission) on August 22, 1989.

The license authorized the possession

and use of cesium–137 and americium–

241 in gauges, in accordance with the

conditions specified therein. The

license expired on August 31, 1994, and

the licensee did not submit a renewal

application 30 days prior to the

expiration date, as required by 10 CFR

30.37. Furthermore, the NRC has

determined that Blackhawk

Engineering, Inc., has not been

recognized as a corporation in the state

of Oklahoma since February 20, 1987,

when the State of Oklahoma suspended

Blackhawk’s corporate status. Thus,

although Blackhawk has been doing

business as Blackhawk Engineering,

Inc., it was not a legal corporation

recognized by the State of Oklahoma or

the NRC. The president of Blackhawk is

Maria Hollingsworth.

II

On August 30, 1994, an NRC Region

IV employee placed a phone call to

Maria Hollingsworth, the president of

Blackhawk, to discuss the August 31,

1994 license expiration. Records of that

phone call indicate that Ms.

Hollingsworth said she had received a

renewal package from NRC and that she

planned to send a renewal application

within 30 days. No renewal application

was received. Ms. Hollingsworth has

stated in a recent interview with an NRC

investigator on January 12, 1995, that

she had apparently confused payment of

an NRC annual fee with license renewal

at the time of the August 1994 call, and

stated ‘‘I had no idea I had to submit

another application.’’

On November 3, 1994, an NRC Region

IV employee again called Ms.

Hollingsworth and discussed the fact

that Blackhawk’s NRC license had

expired and, therefore, in accordance

with 10 CFR 30.36(c)(1)(i), Blackhawk

was no longer authorized to use NRCregulated gauges listed on the license,

i.e., gauges containing sealed sources of

radioactive material. During this call,

the NRC instructed Ms. Hollingsworth

to secure these gauges and maintain

them in storage, and confirmed her
9870 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Notices

commitment to submit a new license

application. These commitments were

confirmed by NRC in a November 8,

1994 Confirmatory Action Letter (CAL)

to Ms. Hollingsworth. The CAL

described the commitments that she had

made, including her commitment to

‘‘Ensure that licensed material is not

used until this matter is resolved and a

specific license authorizing possession

and use of byproduct material is issued

from this office.’’ Her receipt of the CAL

was confirmed on November 23, 1994,

during another telephone call from NRC

Region IV. On December 19, 1994, NRC

Region IV conducted an inspection of

Blackhawk.

In January 1995, the NRC Office of

Investigations began an investigation

based on concerns about the accuracy of

Ms. Hollingsworth’s statements to NRC

personnel during the December 19, 1994

inspection. Ms. Hollingsworth was

interviewed by an NRC investigator and,

in a signed, sworn statement on January

12, 1995, she admitted that she

understood in November 1994 that she

should no longer use the gauges;

admitted that she had used gauges

containing byproduct material up until

December 22, 1994, to complete a

construction job; and admitted that she

had not been truthful when she told the

NRC inspector, during the December 19,

1994 inspection, that she had not used

any gauges since 1992. She stated ‘‘I

needed to get the job done and I thought

by not telling * * * the truth I could go

ahead and get the job done.’’

III

Based on the above, Maria

Hollingsworth, doing business as

Blackhawk Engineering, Inc., has

willfully violated NRC requirements by

deliberately using NRC-regulated

material in violation of 10 CFR

30.36(c)(1)(i), and by deliberately

making false statements to NRC

personnel in violation of 10 CFR 30.9.

These deliberate violations also

constitute a violation of 10 CFR 30.10,

which prohibits deliberate misconduct.

The NRC must be able to rely on the

Licensee and its employees to comply

with NRC requirements, including the

requirement to provide information that

is complete and accurate in all material

respects. By her actions, Ms.

Hollingsworth has demonstrated that

she is either unwilling or unable to

comply with Commission requirements

and cannot be trusted to provide

complete and accurate information to

the Commission. Furthermore, Ms.

Hollingsworth is currently in possession

of NRC-regulated byproduct material

without a valid NRC license.

Consequently, I lack the requisite

reasonable assurance that the health and

safety of the public will be protected.

Therefore, the public health, safety, and

interest require that Blackhawk

Engineering, Inc. and Maria

Hollingsworth, doing business as

Blackhawk Engineering, Inc., be

required to cease and desist

unauthorized possession of regulated

byproduct material and to provide

certification to the NRC that all

regulated byproduct material has been

transferred to authorized recipients.

IV

Accordingly, pursuant to sections 81,

161b, 161c, 161i, and 161o of the

Atomic Energy Act of 1954, as amended,

and the Commission’s regulations in 10

CFR parts 20 and 30, it is hereby

ordered that Blackhawk Engineering,

Inc. and Maria Hollingsworth, doing

business as Blackhawk Engineering,

Inc., shall:

A. Immediately cease and desist from

any further use of byproduct material

now in their possession, with the

exception that sealed source(s)

containing cesium–137 or americium241 shall be tested for leakage by a

person authorized to perform the test

prior to the transfer of the source(s) to

another person or entity if a leak test has

not been performed within the last six

months prior to transfer.

B. Maintain safe control over the

byproduct material, as required by 10

CFR part 20, by keeping the material in

locked storage and not allowing any

person access to the material, except for

purposes of assuring the material’s

continued safe storage, until the

material is transferred to a person

authorized to receive and possess the

material in accordance with the

provisions of this Order and the

Commission’s regulations.

C. Within 30 days of the date of this

Order, transfer all byproduct material to

a person authorized to receive and

possess it.

D. At least two working days prior to

the transfer of the byproduct material,

notify Ms. Linda Howell, Region IV, by

telephone (817–860–8213) so that the

NRC may, if it elects, observe the

transfer of the material to the authorized

recipient.

E. Within seven days following

completion of the transfer, provide to

the Regional Administrator, Region IV,

in writing, under oath or affirmation: (1)

Confirmation, on NRC Form 314, that

the byproduct material has been

transferred; (2) the last date that the

byproduct material was used; (3) a copy

of the leak test performed prior to

transfer; (4) a copy of the survey

performed in accordance with 10 CFR

30.36(c)(1)(v); and (5) a copy of the

certification from the authorized

recipient that the source has been

received.

Copies of the response to this Order

shall be sent to the Regional

Administrator, Region IV, 611 Ryan

Plaza Drive, Suite 400, Arlington, Texas

76011, and to the Assistant General

Counsel for Hearings and Enforcement,

U.S. Nuclear Regulatory Commission,

Washington, D.C. 20555.

After reviewing the response, the NRC

will determine whether further action is

necessary to ensure compliance with

NRC requirements.

Dated at Rockville, Maryland this 14th day

of February 1995.

For the Nuclear Regulatory Commission.

Hugh L. Thompson, Jr.,

Deputy Executive Director for Nuclear

Materials Safety, Safeguards, and Operations

Support.

[FR Doc. 95–4269 Filed 2–21–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 50–029]

Yankee Atomic Electric Co.; Yankee

Nuclear Power Station; Order

Approving the Decommissioning Plan

and Authorizing Decommissioning of

Facility

I

The Yankee Atomic Electric Company

(YAEC, the licensee) is the holder of

Facility Operating License No. DPR–3

issued by the U.S. Nuclear Regulatory

Commission (NRC, the Commission)

formerly the Atomic Energy

Commission, pursuant to 10 CFR Part 50

on July 9, 1960. The license was

amended on August 5, 1992, to remove

the authority of the licensee to operate

the Yankee Nuclear Power Station

(YNPS, the plant). The facility is located

on the licensee site in the Town of

Rowe, Franklin County, Commonwealth

of Massachusetts.

II

On October 1, 1991, the plant was

shut down for an evaluation of potential

reactor vessel integrity problems. In

February 1992, all fuel was removed

from the reactor vessel to the Spent Fuel

Pit. By letter dated February 27, 1992,

YAEC informed the NRC that the plant

was permanently shut down and that

decommissioning would commence.

This action initiated the two year clock

in 10 CFR 50.82 that requires submittal

of a decommissioning plant within that

time interval. YAEC submitted the

Decommissioning Plan (Plan) on