Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27191 

the NRC for January 30, April 15, and 

August 24, 2007. The Petitioner 

requested that (1) the Indian Point 

facilities be shut down until such time 

as the new emergency siren system with 

backup electrical power is fully 

operational and has met all Federal 

Emergency Management Agency 

(FEMA) and NRC requirements and (2) 

Entergy be fined $130,000 per day from 

the date of his petition until Entergy 

complies with the NRC’s Confirmatory 

Order dated January 31, 2006. 

As the basis for the January 24, 2008, 

request that amended the original 

petition, the Petitioner cited Entergy’s 

lack of adequate maintenance and aging 

management procedures leading to the 

discovery of significant corrosion on 

components of the new emergency siren 

system. The Petitioner requested that (1) 

the Indian Point facilities be shut down, 

(2) the operating licenses for the Indian 

Point facilities be suspended until they 

are in full compliance with their design 

basis threat, current licensing basis, and 

all NRC rules and regulations, and (3) 

Entergy be fined $500,000 per day until 

the new siren system has been fully 

approved by all levels of government. 

As the basis for the March 30, 2008, 

request, the Petitioner citing numerous 

discharges of radiological and chemical 

carcinogens, both legal and illegal, over 

an extended period of time that 

continue to expose the Petitioner, his 

family, and pets to contaminants. The 

Petitioner again requested that the 

Indian Point facilities be shut down and 

remain shut down until a large number 

of actions are completed including 

implementation of the new emergency 

siren system that has received all 

government approvals. 

On December 21, 2007, and August 

14, 2008, the Petitioner and the licensee 

met with the staff’s Petition Review 

Board. The meetings gave the Petitioner 

and the licensee an opportunity to 

provide additional information and to 

clarify issues cited in the petition. 

The NRC sent a copy of the proposed 

Director’s Decision to the Petitioner and 

to Entergy for comment on March 23, 

2009. The staff did not receive any 

comments on the proposed Director’s 

Decision. 

The Director of the Office of Nuclear 

Reactor Regulation denied the 

Petitioner’s request to suspend the 

operating licenses of the Indian Point 

Nuclear Generating Unit Nos. 2 and 3 

and the Petitioner’s request to impose 

daily civil penalties for the untimely 

implementation of the new siren 

system. In addition, the Petitioner’s 

request to place Indian Point Unit Nos. 

2 and 3 in cold shutdown, and to 

suspend the licenses of Indian Point 

Unit Nos. 2 and 3 until the licensee 

comes into full compliance with the 

design basis threat, the current licensing 

basis and all NRC rules, because of 

corrosion in siren components, was also 

denied. The reasons for this decision are 

explained in the Director’s Decision 

pursuant to Title 10 of Code of Federal 

Regulations (10 CFR) Section 2.206 

[DD–09–01], the complete text of which 

is available in Agencywide documents 

Access and Management System 

(ADAMS) Accession No. ML091210629 

for inspection at the Commission’s 

Public Document Room, located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland, and from the 

ADAMS Public Library component on 

the NRC’s Web site, http://www.nrc.gov/ 

reading-rm.html (the Public Electronic 

Reading Room). 

A copy of the Director’s Decision will 

be filed with the Secretary of the 

Commission for the Commission’s 

review in accordance with 10 CFR 2.206 

of the Commission’s regulations. As 

provided for by this regulation, the 

Director’s Decision will constitute the 

final action of the Commission 25 days 

after the date of the decision, unless the 

Commission, on its own motion, 

institutes a review of the director’s 

decision in that time. 

Dated at Rockville, Maryland, this 29th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–13297 Filed 6–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0497] 

NRC Enforcement Policy Revision 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability of revised 

draft supplements and request for 

comments. 

SUMMARY: On September 15, 2008 (73 

FR 53286), the Nuclear Regulatory 

Commission (NRC) published a notice 

of availability and request for comments 

on its draft proposed revised 

Enforcement Policy (Enforcement 

Policy). A corrected proposed revised 

Enforcement Policy was published on 

October 16, 2008 (73 FR 61442). The 

public comment period for the revised 

Enforcement Policy ended on November 

14, 2008. The NRC is now soliciting 

written comments from interested 

parties including public interest groups, 

States, members of the public and the 

regulated industry (i.e., reactor and 

materials licensees, vendors, and 

contractors), on additional proposed 

revisions to Section 6.0, Supplements– 

Violation Examples, of the proposed 

revised Enforcement Policy. This Notice 

of Availability and request for 

comments apply only to new proposed 

revisions to Section 6.0 of the proposed 

revised Enforcement Policy. 

DATES: Submit comments on or before 

July 8, 2009. Comments received after 

this date will be considered if it is 

practical to do so, but the Commission 

is able to assure consideration only for 

comments received on or before this 

date. 

ADDRESSES: Comments will be made 

available to the public in their entirety; 

personal information, such as your 

name, address, telephone number, email address, etc. will not be removed 

from your submission. You may submit 

comments by any one of the following 

methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov; search on docket 

ID: NRC–2008–0497. 

Mail Comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch, Mail Stop: TWB–05–B01M, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

You can access publicly available 

documents related to this notice using 

the following methods: 

Federal e-Rulemaking Portal: 

Documents related to this notice, 

including public comments, are 

accessible at http:// 

www.regulations.gov, by searching on 

docket ID: NRC–2008–0497. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Document Access 

and Management System (ADAMS): The 

revised draft Supplements of the 

proposed revised Enforcement Policy 

are available electronically at the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html 

under ADAMS Accession Number 

(ML091520156). From this site, the 

public can gain entry into ADAMS, 

which provides text and image files of 

the NRC’s public documents. In 

addition, revised draft Supplements of 

the proposed revised Enforcement 


cprice-sewell on PRODPC61 with NOTICES
27192 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

Policy will be available at http:// 

www.nrc.gov/about-nrc/regulatory/ 

enforcement/public-involvement.html. If 

you do not have Internet access or if 

there are problems in accessing the 

documents located in ADAMS, contact 

the PDR Reference staff at 1–800–397– 

4209, 301–415–4737 or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Doug Starkey, Office of Enforcement, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555; 

Doug.Starkey@nrc.gov, 301–415–3456. 

SUPPLEMENTARY INFORMATION: 

Background 

As discussed in the SUPPLEMENTARY

INFORMATION of the September 15, 2008 

document (73 FR 53286), the NRC, in 

developing the proposed revised 

Enforcement Policy, in many instances 

reworded, deleted, or moved (i.e., 

moved to the NRC Enforcement Manual, 

an NRC staff guidance document) some 

of the information in the current 

Enforcement Policy. (See the table at 

ML083050133 for a listing of subject 

matter in the current Enforcement 

Policy which was not carried over into 

the proposed revised Enforcement 

Policy.) For example, Section 6.0, 

Supplements–Violation Examples, of 

the proposed revised Enforcement 

Policy was significantly reorganized, 

reworded, and contained much less 

detail than the supplements in the 

current Enforcement Policy. In addition, 

the NRC had also planned to add 

detailed violation examples to the 

Enforcement Manual to serve as further 

guidance to NRC inspectors. However, 

based on public comments received in 

response to the September and October 

2008 publications of the proposed 

revised Enforcement Policy, the NRC 

has reconsidered its original plan to 

have abbreviated violation examples in 

the revised Enforcement Policy and 

detailed violation examples in the 

Enforcement Manual. The NRC now 

proposes to continue its past practice of 

providing violation example 

supplements in the Enforcement Policy. 

These revised supplements are intended 

to cover, in more detail than originally 

planned, a broad range of circumstances 

in each of the four severity levels in 

each of 14 activity areas. It should be 

noted that the supplements in Section 

6.0 of the proposed revised Enforcement 

Policy are not intended to address every 

possible circumstance and are therefore 

neither exhaustive nor controlling. 

Because the revised violation 

supplements that are being proposed for 

the revised Enforcement Policy have, in 

some instances, been changed 

significantly from those previously 

published, the NRC is providing an 

opportunity for public comments on the 

proposed revised supplements. 

The NRC maintains the Enforcement 

Policy on its Web site at http:// 

www.nrc.gov; select Public Meetings 

and Involvement, Enforcement, and 

then Enforcement Policy. 

Procedural Requirements: 

Paperwork Reduction Act 

This policy statement does not 

contain new or amended information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget 

(OMB), approval number 3150–0136. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Congressional Review Act 

In accordance with the Congressional 

Review Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs. 

For the Nuclear Regulatory Commission. 

Dated at Rockville, MD, this 1st day of June 

2009. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–13298 Filed 6–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0208] 

Report to Congress on Abnormal 

Occurrences; Fiscal Year 2008; 

Dissemination of Information 

Section 208 of the Energy 

Reorganization Act of 1974 (Pub. L. 93– 

438) defines an abnormal occurrence 

(AO) as an unscheduled incident or 

event which the U.S. Nuclear 

Regulatory Commission (NRC) 

determines to be significant from the 

standpoint of public health or safety. 

The Federal Reports Elimination and 

Sunset Act of 1995 (Pub. L. 104–68) 

requires that AOs be reported to 

Congress annually. During Fiscal Year 

2008, ten events that occurred at 

facilities licensed or otherwise regulated 

by the NRC and/or Agreement States 

were determined to be AOs. The report 

describes five events at NRC-licensed 

facilities. The first NRC-licensee event 

involved radiation exposure to an 

embryo/fetus. The other four NRClicensee events were medical events, as 

defined in Title 10, Part 35, of the Code 

of Federal Regulations (10 CFR Part 35). 

All five NRC-licensee events occurred at 

medical institutions. The report also 

describes five events at Agreement 

State-licensed facilities. [Agreement 

States are those States that have entered 

into formal agreements with the NRC 

pursuant to Section 274 of the Atomic 

Energy Act (AEA) to regulate certain 

quantities of AEA licensed material at 

facilities located within their borders.] 

Currently, there are 35 Agreement 

States. The first Agreement Statelicensee event involved radiation 

exposure to an embryo/fetus. The other 

four Agreement State-licensee events 

were medical events, as defined in 10 

CFR Part 35, and occurred at medical 

institutions. As required by Section 208, 

the discussion for each event includes 

the date and place, nature and probable 

consequences, the cause or causes, and 

the actions taken to prevent recurrence. 

Each event is also being described in 

NUREG–0090, Vol. 31, ‘‘Report to 

Congress on Abnormal Occurrences: 

Fiscal Year 2008.’’ This report is 

available electronically at the NRC Web 

site http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/. 

There are three major categories of 

events reported in this document: I. For 

All Licensees, II. For Commercial 

Nuclear Power Plant Licensees, and III. 

Events at Facilities Other Than Nuclear 

Power Plants and all Transportation 

Events. The full report, available on the 

NRC Web site, provides the specific 

criteria for determining when an event 

is an abnormal occurrence (AO) and 

discusses ‘‘Other Events of Interest’’ that 

do not meet the AO criteria but which 

the Commission has determined should 

be included in the report. The event 

identification number begins with ‘‘AS’’ 

for Agreement State AO events and 

‘‘NRC’’ for NRC AO events. 

I. For All Licensees 

Human Exposure to Radiation From 

Licensed Material 

During this reporting period, one 

event at an NRC-licensed facility and 

one event at an Agreement Statelicensed facility were significant enough 

to be reported as abnormal occurrences 

(AOs). 


cprice-sewell on PRODPC61 with NOTICES