5880 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 

not been involved in any activities at 

any facility that is subject to NRC 

regulations. Mr. Fernandez also 

indicated that, as of the date of the ADR 

meeting, he has no intention of working 

or seeking employment in any activities 

or at any facility subject to NRC 

regulations, and that he will not seek 

employment requiring his participation 

in NRC-regulated activities before June 

30, 2008. 

3. Mr. Fernandez agreed that, should 

he seek employment with an entity 

involved in NRC-regulated activities 

and requiring unescorted access 

authorization prior to June 30, 2010, he 

will provide the NRC with a letter 

discussing the steps he has taken to 

assure his understanding of the 

importance of completeness and 

accuracy of information at facilities 

subject to NRC regulation. In addition, 

Mr. Fernandez agreed to provide any 

such future employer with a copy of this 

Confirmatory Order. Mr. Fernandez 

further agreed he will make himself 

available to participate in training to 

discuss lessons learned from this matter 

and the importance of completeness and 

accuracy of condition reports and other 

internal documents. 

4. The NRC concluded that Mr. 

Fernandez’s agreement not to seek 

employment with an entity involved in 

NRC-regulated activities and requiring 

unescorted access authorization until 

after June 30, 2008, and his agreement, 

should he seek employment with such 

an entity prior to June 30, 2010, to 

provide to the NRC a letter discussing 

the steps he has taken to assure his 

understanding of NRC requirements in 

effect at the time, is sufficient to address 

all Agency concerns regarding his 

involvement in the matter discussed in 

the NRC’s letter of May 30, 2007. 

5. In consideration of the above, the 

NRC agreed to forego issuance of a 

Notice of Violation or other enforcement 

action in this matter. 

6. The NRC and Mr. Fernandez agreed 

that the above elements will be 

incorporated into a Confirmatory Order. 

7. Mr. Fernandez agreed to waive the 

right to request a hearing regarding all 

or any part of the Confirmatory Order. 

IV 

Because Mr. Fernandez has agreed to 

take actions to address NRC concerns, 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 Mr. Fernandez’s 

commitments set forth in section V 

below are acceptable and necessary, and 

I 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 Mr. 

Fernandez’s commitments be confirmed 

by this Order. Based on the above and 

Mr. Fernandez’s consent, this Order is 

immediately effective upon issuance. 

V 

Accordingly, pursuant to sections 

104, 161b, 161i, 161o, and 186 of the 

Atomic Energy Act of 1954, as amended, 

the Commission’s regulations in 10 CFR 

2.202 and 10 CFR part 50, It is hereby 

ordered, effective immediately, that: 

1. Mr. Fernandez will not seek 

employment requiring his participation 

in NRC-regulated activities before June 

30, 2008. 

2. Should Mr. Fernandez seek 

employment with an entity involved in 

NRC-regulated activities and requiring 

unescorted access authorization before 

June 30, 2010, he will provide the NRC 

with a letter discussing the steps he has 

taken to assure he understands the 

importance of providing complete and 

accurate information at facilities subject 

to NRC regulation. 

3. Mr. Fernandez will provide any 

future employer engaged in NRCregulated activities with a copy of this 

Confirmatory Order. 

4. Should Mr. Fernandez resume 

employment in NRC-regulated 

activities, he will make himself 

available to participate in training to 

discuss lessons learned from this matter 

and the importance of preparing 

complete and accurate condition reports 

and other internal documents. 

The Regional Administrator, NRC 

Region II, may relax or rescind, in 

writing, any of the above conditions 

upon a showing by Mr. Fernandez of 

good cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than Mr. Luis 

Fernandez, 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 made in writing 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. Any request for a hearing 

shall be submitted to the Secretary, U.S. 

Nuclear Regulatory Commission, ATTN: 

Chief, Rulemakings and Adjudications 

Staff, Washington, DC 20555–0001. 

Copies of the hearing request shall also 

be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001; to the Assistant General Counsel 

for Materials Litigation and 

Enforcement, at the same address; to the 

Regional Administrator, NRC Region II, 

61 Forsyth Street SW., Suite 23T85, 

Atlanta, GA 30303–8931; and to Mr. 

Luis Fernandez. Because of the possible 

disruptions in delivery of mail to United 

States Government offices, it is 

requested that answers and requests for 

hearing be transmitted to the Secretary 

of the Commission either by means of 

facsimile transmission to 301–415–1101 

or by e-mail to hearingdocket@nrc.gov 

and also to the Office of the General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a 

person other than Mr. Fernandez 

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. 

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. 

An answer or a request for hearing 

shall not stay the immediate 

effectiveness of this order. 

Dated this 22nd day of January 2008. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Acting Regional Administrator. 

[FR Doc. E8–1785 Filed 1–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–07–028] 

In the Matter of Mr. William Johns; 

Confirmatory Order (Effective 

Immediately) 

I 

Mr. William Johns is the former 

Security Manager at the Turkey Point 

Nuclear Plant (Turkey Point) operated 

by Florida Power & Light Company (FPL 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 5881 

or Licensee). FPL holds License No. 

DPR–31 and DPR–41, issued by the 

Nuclear Regulatory Commission (NRC 

or Commission) on July 19, 1972, and 

April 10, 1973, respectively, pursuant to 

10 CFR part 50. The license authorizes 

the operation of Turkey Point, Units 3 

& 4, in accordance with the conditions 

specified therein. Turkey Point is 

located on the Licensee’s site in Florida 

City, Florida. 

II 

In August 2005, a broken firing pin 

from a contingency response weapon 

was discovered at FPL’s Turkey Point 

facility. FPL conducted an investigation 

into the circumstances surrounding the 

broken pin. As the Security Manager at 

Turkey Point at that time, Mr. Johns was 

advised of the status and progress of the 

FPL investigation. Based on his 

understanding of the circumstances of 

the matter and his understanding of 

reporting requirements and guidelines, 

in approximately September 2005, Mr. 

Johns ensured or allowed the event to be 

documented into the plant security log 

at that time, and concluded that this 

incident would not be reported to the 

NRC in accordance with 10 CFR part 73, 

Appendix G.I.(a)(3). 

III 

In February 2006, the NRC’s Office of 

Investigations (OI) initiated an 

investigation into the circumstances 

surrounding the broken firing pin. 

Based on the OI investigation, the NRC 

reached a preliminary conclusion that 

Mr. Johns deliberately failed to make a 

one-hour report to the Commission of an 

event involving the interruption of 

normal operation of a licensed nuclear 

power reactor through the unauthorized 

use of or tampering with its machinery, 

components, or controls, including the 

security system. In this case, the 

tampering event involved the breaking 

of a firing pin for a contingency 

response weapon. As a result, the NRC 

concluded that Mr. Johns was in 

apparent violation of 10 CFR 50.5, in 

that his actions caused FPL to be in 

violation of 10 CFR part 73, Appendix 

G.I.(a)(3). 

The results of the NRC’s preliminary 

conclusion were provided to Mr. Johns 

by letter dated May 30, 2007. The NRC’s 

letter informed Mr. Johns that the NRC 

was considering the apparent violation 

for escalated enforcement action in 

accordance with the NRC Enforcement 

Policy, and offered Mr. Johns a choice 

to: (1) Attend a Pre-decisional 

Enforcement Conference; (2) provide a 

written response; or (3) request ADR 

with the NRC in an attempt to resolve 

any disagreement on whether a 

violation occurred, the appropriate 

enforcement action, and the appropriate 

corrective actions. In response, Mr. 

Johns requested ADR to resolve the 

matter. Mr. Johns and the NRC 

participated in an ADR session in 

Atlanta, Georgia, on September 11, 

2007. As the result of the ADR session, 

Mr. Johns and the NRC reached a 

settlement agreement. The elements of 

the Agreement in Principle consisted of 

the following: 

1. Mr. Johns disagreed with certain 

facts supporting a conclusion that he 

violated 10 CFR 50.5, and he denied 

that he engaged in any deliberate 

misconduct. At the ADR session, Mr. 

Johns elaborated on the circumstances 

surrounding his involvement in the 

apparent violation, in support of his 

view that his actions did not represent 

deliberate misconduct. In particular, Mr. 

Johns stated that his actions in not 

reporting the incident in accordance 

with 10 CFR part 73, Appendix G were 

consistent with his previous practice 

and experience with reporting such 

incidents, and the fact that the 

underlying issue did not appear to be a 

result of a malevolent intent. Mr. Johns 

further stated that his decision to enter 

the event in the plant security log, 

rather than make a one-hour report to 

the NRC, was consistent with his 

understanding of NRC guidance in 

Generic Letter 91–03, Reporting of 

Safeguards Events. 

2. Mr. Johns indicated that since 

approximately February 2006, he has 

not been involved in any activities at 

any facility that is subject to NRC 

regulations. Mr. Johns also indicated 

that, as of the date of the ADR session, 

he had no intention of working or 

seeking employment in any activities or 

at any facility that is subject to NRC 

regulations, and that he would not seek 

employment requiring his participation 

in NRC-regulated activities before July 

15, 2008. 

3. Prior to seeking future employment 

in NRC-regulated activities, Mr. Johns 

will submit to the NRC a letter 

explaining the steps he has taken to 

assure he understands the NRC’s 

security reporting requirements in effect 

at the time. 

4. The NRC concluded that Mr. Johns’

agreement to not seek employment 

requiring his participation in NRCregulated activities until after July 15, 

2008, and his agreement to provide the 

NRC a letter explaining the steps he has 

taken to ensure he understands the 

NRC’s reporting requirements in effect 

at the time, is sufficient to address all 

Agency concerns regarding his 

involvement in the matter discussed in 

the NRC’s letter dated May 30, 2007. 

5. In consideration of the above, the 

NRC agreed to forego issuance of a 

Notice of Violation or other enforcement 

action in this matter. 

6. The NRC and Mr. Johns agreed that 

the above elements will be incorporated 

into a Confirmatory Order. 

7. Mr. Johns agreed to waive the right 

to request a hearing regarding all or any 

part of the Confirmatory Order. 

IV 

Because Mr. Johns has agreed to take 

actions to address the NRC’s concerns, 

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 Mr. Johns’ commitments set 

forth in Section V below are acceptable 

and necessary, and I 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 Mr. Johns’ commitments be 

confirmed by this Order. Based on the 

above and Mr. Johns’ consent, this 

Order is immediately effective upon 

issuance. 

V 

Accordingly, pursuant to Sections 

104, 161b, 161i, 161o, and 186 of the 

Atomic Energy Act of 1954, as amended, 

the Commission’s regulations in 10 CFR 

2.202 and 10 CFR Part 50, It is hereby 

ordered, effective immediately, that: 

1. Mr. Johns will not seek 

employment requiring his participation 

in NRC-regulated activities before July 

15, 2008. 

2. Prior to seeking future employment 

in NRC-regulated activities, Mr. Johns 

will submit to the NRC a letter 

explaining the steps he has taken to 

ensure he understands the NRC’s 

security reporting requirements in effect 

at the time. 

The Regional Administrator, NRC 

Region II, may relax or rescind, in 

writing, any of the above conditions 

upon a showing by Mr. Johns of good 

cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than Mr. 

William Johns, 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 made in writing 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. Any request for a hearing 

shall be submitted to the Secretary, U.S. 


rwilkins on PROD1PC63 with NOTICES
5882 Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 

Nuclear Regulatory Commission, ATTN: 

Chief, Rulemakings and Adjudications 

Staff, Washington, DC 20555–0001. 

Copies of the hearing request shall also 

be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001; to the Assistant General Counsel 

for Materials Litigation and 

Enforcement, at the same address; to the 

Regional Administrator, NRC Region II, 

61 Forsyth Street, SW., Suite 23T85, 

Atlanta, GA 30303–8931; and to Mr. 

William Johns. Because of the possible 

disruptions in delivery of mail to United 

States Government offices, it is 

requested that answers and requests for 

hearing be transmitted to the Secretary 

of the Commission either by means of 

facsimile transmission to 301–415–1101 

or by e-mail to hearingdocket@nrc.gov 

and also to the Office of the General 

Counsel either by means of facsimile 

transmission to 301–415–3725 or by 

e-mail to OGCMailCenter@nrc.gov. If a 

person other than Mr. Johns 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. 

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. 

An answer or a request for hearing 

shall not stay the immediate 

effectiveness of this order. 

Dated this 22nd day of January 2008. 

For the Nuclear Regulatory Commission. 

Victor M. McCree, 

Acting Regional Administrator. 

[FR Doc. E8–1795 Filed 1–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 070–3103] 

Notice of Consideration of Approval of 

Application Regarding Proposed 

Corporate Restructuring for Louisiana 

Energy Services National Enrichment 

Facility In Lea County, New Mexico, 

and Conforming Amendment, and 

Opportunity To Provide Comments and 

Request a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of application for 

approval of an indirect license transfer, 

and opportunity to request a hearing 

and provide written comments. 

DATES: A request for a hearing must be 

filed by February 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Timothy C. Johnson, Sr. Project 

Manager, Enrichment and Conversion 

Branch, Division of Fuel Cycle Safety 

and Safeguards, Office of Nuclear 

Material Safety and Safeguards, Nuclear 

Regulatory Commission, Washington, 

DC 20555. Telephone: (301) 492–3121; 

Fax number: (301) 492–3359; e-mail: 

tcj@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission or NRC) 

is considering an application for 

approval of an indirect transfer of 

control regarding Special Nuclear 

Material License No. SNM–2010. This 

license was issued on June 23, 2006, to 

Louisiana Energy Services, L.P. (the 

Licensee), for its National Enrichment 

Facility (NEF), located in Lea County, 

New Mexico. The license authorizes the 

Licensee to construct and operate a gas 

centrifuge uranium enrichment facility. 

The application now being considered 

is dated October 19, 2007. The Licensee 

proposes to (1) restructure itself from a 

Limited Partnership (LP) to a Limited 

Liability Company (LLC); and (2) 

reorganize the ownership arrangement 

of Urenco Deelnemingen BV (UDE), a 

current limited partner of the Licensee. 

No physical changes to the NEF or 

operational changes are being proposed. 

An NRC administrative review, 

documented in an e-mail sent to the 

Licensee on November 7, 2007, found 

the application acceptable to begin a 

more detailed technical review. If the 

application is granted, the license 

would be amended for administrative 

purposes to reflect the transfer, by 

replacing references to Louisiana Energy 

Services, L.P., in the license with 

references to Louisiana Energy Services, 

L.L.C. 

Pursuant to Title 10 of the Code of 

Federal Regulations (CFR), section 

70.36, no license granted under 10 CFR 

part 70, and no right thereunder to use 

special nuclear material, shall be 

transferred, assigned, or in any manner 

disposed of, directly or indirectly, 

through transfer of control of any 

license to any person unless the 

Commission shall, after securing full 

information, find that the transfer is in 

accordance with the Atomic Energy Act 

(AEA), and gives its consent in writing. 

The Commission will approve an 

application for the indirect transfer of a 

license, if the Commission determines 

that the proposed restructuring and 

reorganization will not affect the 

qualifications of the Licensee to hold 

the license, and that the transfer is 

otherwise consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission 

pursuant thereto. 

If the October 19 application is 

granted, the license would be amended 

to reflect the Licensee’s new status as an 

LLC, and UDE’s reorganized ownership. 

Before such a license amendment is 

issued, the NRC will have made the 

findings required by the AEA and NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report. An Environmental Assessment 

(EA) will not be performed because, 

pursuant to 10 CFR 51.22(c)(21), license 

transfer approvals and associated 

license amendments are categorically 

excluded from the requirement to 

perform an EA. 

II. Opportunity to Request a Hearing 

Within 20 days from the date of 

publication of this notice, any person(s) 

whose interest may be affected and who 

desires to participate as a party must file 

a request for a hearing. The hearing 

request must include a specification of 

the contentions that the person seeks to 

have litigated in the hearing, and must 

be filed in accordance the NRC E-filing 

rule, which the NRC promulgated in 

August 2007 (72 FR 49139; August 28, 

2007). The E-Filing rule requires 

participants to submit and serve 

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 a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least five (5) 

days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 


rwilkins on PROD1PC63 with NOTICES