Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices 5879 

Specifications for Granting of Patent 

Licenses.’’

2. Current OMB approval number: 

3150–0121. 

3. How often the collection is 

required: Applications for licenses are 

submitted once. Other reports are 

submitted annually or as other events 

require. 

4. Who is required or asked to report: 

Applicants for and holders of NRC 

licenses to NRC inventions. 

5. The number of annual respondents: 

1. 

6. The number of hours needed 

annually to complete the requirement or 

request: 37; however, no applications 

are anticipated during the next three 

years. 

7. Abstract: As specified in 10 CFR 

part 81, the NRC may grant nonexclusive licenses or limited exclusive 

licenses to its patented inventions to 

responsible applicants. Applicants for 

licenses to NRC inventions are required 

to provide information which may 

provide the basis for granting the 

requested license. In addition, all 

license holders must submit periodic 

reports on efforts to bring the invention 

to a point of practical application and 

the extent to which they are making the 

benefits of the invention reasonably 

accessible to the public. Exclusive 

license holders must submit additional 

information if they seek to extend their 

licenses, issue sublicenses, or transfer 

the licenses. In addition, if requested, 

exclusive license holders must promptly 

supply to the United States Government 

copies of all pleadings and other papers 

filed in any patent infringement lawsuit, 

as well as evidence from proceedings 

relating to the licensed patent. 

Submit, by March 31, 2008, comments 

that address the following questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

A copy of the draft supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions about the 

information collection requirements 

may be directed to the NRC Clearance 

Officer, Margaret A. Janney (T–5 F52), 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, by 

telephone at 301–415–7245, or by e-mail 

to INFOCOLLECTS@NRC.GOV. 

Dated at Rockville, Maryland, this 25th day 

of January 2008. 

For the Nuclear Regulatory Commission. 

Gregory Trussell, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. E8–1756 Filed 1–30–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–07–026] 

In the Matter of: Mr. Luis Fernandez; 

Confirmatory Order (Effective 

Immediately) 

I 

Mr. Luis Fernandez is the former 

Security Project Manager for Wackenhut 

Nuclear Services (Wackenhut) at the 

Turkey Point Nuclear Plant (Turkey 

Point) operated by Florida Power and 

Light Company (FPL). 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 licenses authorize 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 approximately October 2004, a 

firing pin from a contingency response 

weapon was discovered to be damaged 

at FPL’s Turkey Point facility. Mr. 

Fernandez participated in an inquiry of 

the damage and documented the results 

of that inquiry in Condition Report (CR) 

2004–13573. As the Security Project 

Manager for WNS at Turkey Point 

during this time, Mr. Fernandez was 

knowledgeable of the circumstances and 

assisted in the preparation and/or 

approval of the documentation 

contained in Condition Report (CR) 

2004–13573. 

III 

In February 2006, the NRC’s Office of 

Investigations (OI) initiated an 

investigation into the circumstances 

surrounding the damaged firing pin, and 

the NRC was provided a copy of CR 

2004–13573. Based on the OI 

investigation, the NRC reached a 

preliminary conclusion that Mr. 

Fernandez’ documentation of the 

circumstances involving the damaged 

firing pin in CR 2004–13573 was not 

complete and accurate in all material 

respects. The NRC also preliminarily 

concluded that Mr. Fernandez’

incomplete or inaccurate documentation 

of the circumstances was deliberate. As 

a result, the NRC concluded that Mr. 

Fernandez was in apparent violation of 

10 CFR 50.5, in that his actions caused 

FPL to be in violation of 10 CFR 50.9. 

The results of the NRC’s preliminary 

conclusion were provided to Mr. 

Fernandez by letter dated May 30, 2007. 

The NRC’s letter informed Mr. 

Fernandez that the NRC was 

considering the apparent violation for 

escalated enforcement action in 

accordance with the NRC Enforcement 

Policy, and offered Mr. Fernandez 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. 

Fernandez requested ADR to resolve the 

matter. Mr. Fernandez and the NRC 

participated in an ADR session in 

Miami, Florida, on November 9, 2007. 

Consistent with the purposes of ADR, 

the parties acknowledged that the 

session was not for the purposes of 

reaching any conclusions regarding any 

facts or circumstances as discussed in 

the NRC’s letter to Mr. Fernandez of 

May 30, 2007. 

As the result of the ADR session, Mr. 

Fernandez and the NRC reached a 

settlement agreement. The elements of 

the Agreement in Principle consisted of 

the following: 

1. Mr. Fernandez elaborated on the 

circumstances concerning his 

involvement in the drafting of Condition 

Reports, in support of his view that his 

actions did not represent deliberate 

misconduct. Mr. Fernandez 

acknowledges that CR 2004–13573 was 

inartfully worded and subject to 

misinterpretation. However, Mr. 

Fernandez also stated that he had no 

intent to deceive the NRC or FPL with 

respect to CR 2004–13573. Furthermore, 

Mr. Fernandez expressed a clear 

understanding of the importance of 

preparing documentation at NRCregulated facilities that is complete and 

accurate. 

2. Mr. Fernandez indicated that since 

approximately February 2006, he has 


rwilkins on PROD1PC63 with NOTICES
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