57532 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices 

Facility Operating License No. DPR– 

75: The amendment revised the TSs and 

the License. 

Date of initial notice in Federal 

Register: June 1, 2010 (75 FR 30446). 

The letters dated June 25, and August 

18, 2010, provided clarifying 

information that did not change the 

initial proposed no significant hazards 

consideration determination or expand 

the application beyond the scope of the 

original Federal Register notice. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated September 1, 

2010. 

No significant hazards consideration 

comments received: No. 

Dated at Rockville, Maryland, this 10th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–23388 Filed 9–20–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0301; EA–10–054] 

In the Matter of: Stone & Webster 

Construction, Inc.; Confirmatory Order 

(Effective Immediately) 

I 

Stone & Webster Construction, Inc. 

(SWCI), a Shaw Group company 

(referred to as Shaw), provides 

integrated services to various industries 

including the nuclear power industry. 

Shaw provides services to over thirty 

(30) operating nuclear plants and other 

facilities regulated by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission). 

This Confirmatory Order is the result 

of an agreement reached during an 

alternative dispute resolution (ADR) 

mediation session conducted on August 

24, 2010 in Washington, DC. 

II 

By letter dated June 2, 2010, the NRC 

identified to Shaw an apparent violation 

of 10 CFR. 50.7, ‘‘Employee Protection,’’ 

relating to the termination of a former 

painter foreman in May 2004 at the 

Browns Ferry Nuclear Power Plant. The 

apparent violation was issued based on 

the U.S. Department Labor (DOL) 

Administrative Review Board’s (ARB) 

September 24, 2009 decision (ARB Case 

No. 06–041). The ARB reversed a 

January 9, 2006, DOL Administrative 

Law Judge’s (ALJ) recommended 

decision (2005–ERA–6) where, 

following an evidentiary hearing, the 

ALJ had concluded that Shaw had not 

violated section 211 of the Energy 

Reorganization Act, as amended, by 

terminating the former painter foreman. 

Shaw denies that it has retaliated 

against the former painter foreman for 

engaging in a protected activity and is 

pursuing its legal challenge to the ARB 

decision. 

In its June 2, 2009 letter, the NRC 

offered Shaw the opportunity to provide 

a written response, attend a predecisional enforcement conference, or 

request ADR in which a neutral 

mediator with no decision-making 

authority would facilitate discussions 

between the NRC and Shaw and, if 

possible, assist the NRC and Shaw in 

reaching an agreement. Shaw requested 

to use ADR to resolve differences it had 

with the NRC. 

On August 24, 2010, the NRC and 

Shaw met in an ADR mediation session 

arranged through the Cornell University 

Institute on Conflict Resolution. This 

Confirmatory Order is issued pursuant 

to the agreement reached during the 

ADR process. 

III 

A. The NRC acknowledged that Shaw, 

for its own business reasons, had 

already put in place during the past 

several years the following policies, 

practices and programs that support 

Safety Conscious Work Environment 

(SCWE) and Safety Culture: 

At the parent company, The Shaw 

Group Inc., level: 

• The SpeakUp Program is a toll-free 

hotline and Web site in which workers 

can report issues to the Company. 

Reports can be made anonymously; 

• The Stop Work Policy gives 

employees authority to immediately 

stop any work activity that presents a 

danger to him/her, co-workers, clients, 

partners or the public without fear of 

reprimand or retaliation; 

• The Targeting Zero Program focuses 

on achieving zero environmental, health 

and safety incidents; it minimizes 

health and safety risks to employees, 

clients, the public and the environment; 

• The Employment Discipline Policy 

prohibits retaliation for exercising the 

right to raise safety concerns; 

• Mandatory Code of Corporate 

Conduct training for all employees with 

computer access; 

• Consideration of integrity and 

compliance as performance factors in 

annual employee performance 

evaluations; 

• Periodic independent culture 

surveys. 

For nuclear maintenance sites: 

• A SCWE Procedure outlines the 

Company’s expectations, and each 

individual’s responsibilities for 

establishing and maintaining a SCWE; 

• The New to Nuclear Workforce 

Orientation Program provides training 

and resources specific to working in the 

nuclear industry for workers coming in 

without nuclear experience; 

• New Hire Orientation informs new 

hires about Shaw’s Safety Culture and 

SCWE expectations, and informs them 

of their responsibilities and programs 

available to them, including SpeakUp 

and Stop Work and Shaw’s nondiscrimination and harassment policies; 

• Supervisor Challenge (Oral Boards) 

evaluates supervisors’ skills in the key 

focus areas including leadership, human 

performance, work performance, and 

reinforcing expectations. 

For new nuclear construction sites: 

• An on-site Employee Concerns 

Program, modeled on resources in NEI 

97–05 is available to all site workers; 

• Procedure Maintaining a Strong 

Nuclear Safety Culture & Safety 

Conscious Work Environment, modeled 

on NEI 09–12 and RIS 2005–018, 

describes Shaw’s expectations for a 

SCWE and the methods by which it will 

establish and maintain it; 

• Shaw provides SCWE training 

comprised of four modules: Inprocessing for all personnel; 90-day 

enhanced training with case studies for 

new craft personnel; nuclear 

professional for office workers; and 

training for supervisors and above; 

• Shaw conducts periodic SCWE 

surveys based on NEI 09–12 survey tool. 

B. During the ADR mediation session, 

an agreement in principle was reached 

where Shaw agreed to take the following 

additional actions: 

1. Within 2 months of issuance of this 

Confirmatory Order, Shaw will issue a 

written communication from a Shaw Power 

Group senior executive to Shaw employees 

in its Nuclear Services (i.e., construction) and 

Nuclear Maintenance Divisions working at 

nuclear facilities addressing: (a) A recent 

DOL ARB decision that concluded that 

retaliation occurred at a SWCI facility in 

2004; b) that Shaw strives to maintain a 

SCWE; and (c) that nuclear workers have 

multiple avenues in which to raise concerns 

and identifying these avenues. 

2. Where not already required by the 

applicable nuclear facility licensee, Shaw 

will establish an Executive Review Board 

(ERB) that will include management 

personnel at or above the level of the site 

project manager, including legal and/or 

human resources participation, to review all 

proposed significant adverse actions (defined 

as three or more days off without pay up to 

and including termination for cause, but 

excludes reductions-in-force and other 

ordinary layoffs) at any NRC-regulated 

maintenance site to ensure these actions 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices 57533 

comport with applicable employeeprotection requirements and to assess and 

mitigate the potential for any chilling effect. 

Within 3 months of issuance of this 

Confirmatory Order, Shaw will establish 

requirements for the ERB in a new or existing 

Nuclear Maintenance Procedure to become 

effective during this three-month period. 

3. Within 3 months of issuance of this 

Confirmatory Order, Shaw will revise the 

SpeakUp program brochure issued at its 

nuclear facilities to include use of the 

program to raise safety concerns. 

4. Consistent with the requirements of the 

nuclear facility licensees, Shaw will perform 

SCWE surveys including craft workers, at its 

Nuclear Maintenance sites and review the 

survey results for actions as appropriate. 

Within 24 months of issuance of this 

Confirmatory Order, Shaw will complete a 

substantial number of these surveys and will 

have scheduled surveys for the remaining 

sites, if any, to be completed within the 

following 12 months. Shaw will provide 

semi-annual status reports to the NRC Office 

of Enforcement regarding status toward 

completion of this action. 

5. At Nuclear Maintenance sites, where not 

already provided by the nuclear facility 

licensees, Shaw will provide SCWE training 

to all Shaw Nuclear Maintenance supervisors 

and above to include an overview of 

regulatory requirements and case studies. 

Shaw will complete this action within 24 

months of issuance of this Confirmatory 

Order. 

6. For 24 months following issuance of this 

Confirmatory Order, Shaw will collect, 

review and assess for each of its Nuclear 

Maintenance sites, data regarding labor 

grievances, significant human resources 

actions, and ECP and SpeakUp concerns. 

Shaw’s Compliance Council, chaired by the 

Chief Compliance Officer, will review this 

compilation of data quarterly for SCWE 

trends and recommend actions to line 

management as appropriate. 

On September 9, 2010, Shaw 

consented to the issuance of this 

Confirmatory Order with the 

commitments, as described in Section V 

below. Shaw further agreed that this 

Confirmatory Order is to be effective 

upon issuance and that it has waived its 

right to a hearing. 

IV 

Since Shaw has agreed to take 

additional actions, as set forth in Item 

III.B above, the NRC has concluded that 

its concerns can be resolved through 

issuance of this Confirmatory Order and 

thereby has agreed not to pursue further 

action in connection with the NRC’s 

June 2, 2010 letter to Shaw arising out 

of the ARB’s September 29, 2009 

decision (ARB Case No. 06–041). 

I find that Shaw’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 

Shaw’s commitments be confirmed by 

this Confirmatory Order. Based on the 

above and Shaw’s consent, this 

Confirmatory Order is immediately 

effective upon issuance. By no later than 

thirty (30) calendar days after the 

completion of the requirements in 

Section V, Shaw is required to notify the 

NRC in writing and summarizing its 

actions. 

V 

Accordingly, pursuant to Sections 

104b, 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 50, It is hereby ordered, effective 

immediately, that: 

1. Within 2 months of issuance of this 

Confirmatory Order, Shaw will issue a 

written communication from a Shaw Power 

Group senior executive to Shaw employees 

in its Nuclear Services (i.e., construction) and 

Nuclear Maintenance Divisions working at 

nuclear facilities addressing: (a) A recent 

DOL ARB decision that concluded that 

retaliation occurred at a SWCI facility in 

2004; b) that Shaw strives to maintain a 

SCWE; and (c) that nuclear workers have 

multiple avenues in which to raise concerns 

and identifying these avenues. 

2. Where not already required by the 

applicable nuclear facility licensee, Shaw 

will establish an Executive Review Board 

(ERB) that will include management 

personnel at or above the level of the site 

project manager, including legal and/or 

human resources participation, to review all 

proposed significant adverse actions (defined 

as three or more days off without pay up to 

and including termination for cause, but 

excludes reductions-in-force and other 

ordinary layoffs) at any NRC-regulated 

maintenance site to ensure these actions 

comport with applicable employeeprotection requirements and to assess and 

mitigate the potential for any chilling effect. 

Within 3 months of issuance of this 

Confirmatory Order, Shaw will establish 

requirements for the ERB in a new or existing 

Nuclear Maintenance Procedure to become 

effective during this three-month period. 

3. Within 3 months of issuance of this 

Confirmatory Order, Shaw will revise the 

SpeakUp program brochure issued at its 

nuclear facilities to include use of the 

program to raise safety concerns. 

4. Consistent with the requirements of the 

nuclear facility licensees, Shaw will perform 

SCWE surveys including craft workers, at its 

Nuclear Maintenance sites and review the 

survey results for actions as appropriate. 

Within 24 months of issuance of this 

Confirmatory Order, Shaw will complete a 

substantial number of these surveys and will 

have scheduled surveys for the remaining 

sites, if any, to be completed within the 

following 12 months. Shaw will provide 

semi-annual status reports to the NRC Office 

of Enforcement regarding status toward 

completion of this action. 

5. At Nuclear Maintenance sites, where not 

already provided by the nuclear facility 

licensees, Shaw will provide SCWE training 

to all Shaw Nuclear Maintenance supervisors 

and above to include an overview of 

regulatory requirements and case studies. 

Shaw will complete this action within 24 

months of issuance of this Confirmatory 

Order. 

6. For 24 months following issuance of this 

Confirmatory Order, Shaw will collect, 

review and assess for each of its Nuclear 

Maintenance sites, data regarding labor 

grievances, significant human resources 

actions, and ECP and SpeakUp concerns. 

Shaw’s Compliance Council, chaired by the 

Chief Compliance Officer, will review this 

compilation of data quarterly for SCWE 

trends and recommend actions to line 

management as appropriate. 

The Director, Office of Enforcement, 

may, in writing, relax or rescind any of 

the above conditions upon 

demonstration by Shaw of good cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than Shaw, 

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 made in 

writing to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
57534 Federal Register / Vol. 75, No. 182 / Tuesday, September 21, 2010 / Notices 

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 ESubmittal 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/ 

e-submittals.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/ 

e-submittals.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 

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/ 

e-submittals.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 Shaw) 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 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 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 

order. 

Dated at Rockville, Maryland, this 10th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Roy Zimmerman, 

Director, Office of Enforcement. 

[FR Doc. 2010–23519 Filed 9–20–10; 8:45 am] 

BILLING CODE 7590–01–P 


srobinson on DSKHWCL6B1PROD with NOTICES