80 FR 51323 - In the Matter of Dr. Bradley D. Bastow
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 163 (August 24, 2015)
Federal Register Volume 80, Issue 163 (August 24, 2015)
| Page Range | 51323-51326 | |
| FR Document | 2015-20874 |
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)] [Notices] [Pages 51323-51326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20874] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [IA-14-039; NRC-2013-0208] In the Matter of Dr. Bradley D. Bastow AGENCY: Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Dr. Bradley D. Bastow, as an individual, to confirm his agreement to no longer serve as a radiation safety officer. The order stems from commitments made by Dr. Bastow following an NRC inspection and subsequent predecisional enforcement conference. DATES: Effective Date: See attachment. ADDRESSES: Please refer to Docket ID NRC-2013-0208 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this action by the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0208. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For questions about this Order, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web- based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415- 4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Kenneth Lambert, Region III, U.S. Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630- 810-4376, email: Kenneth.Lambert@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Lisle, IL this 4th day of August, 2015. For the Nuclear Regulatory Commission. Cynthia D. Pederson, Regional Administrator. Attachment--Confirmatory Order Modifying License United States of America Nuclear Regulatory Commission In the Matter of, Bradley D. Bastow, D. O. IA-14-039 Confirmatory Order I Bradley D. Bastow, D. O., (licensee) is the holder of Materials License No. 21-32316-01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 30 on April 20, 2001, and renewed on December 7, 2011. The license authorizes the operation of Bradley D. Bastow, D. O., at his place of business (Cardiology II, P.C.), in accordance with conditions specified therein. It further specifies that the radiation safety officer (RSO) for the license will be Bradley D. Bastow, D. O. (Dr. Bastow). The licensee's facility is located in South Haven, Michigan. This Confirmatory Order is the result of an agreement reached with Dr. Bastow during discussions on September 23 and October 23, 2014. II On February 28, and April 3, 2012, the U.S. Nuclear Regulatory Commission (NRC) conducted a special inspection at the licensee's facility in South Haven, Michigan, with continued in-office review through May 24, 2012. The NRC Office of Investigations (OI) began an investigation on April 2, 2012, into several of the issues identified during the inspection. OI completed its investigation on January 31, 2013. The details of the inspection were documented in NRC Inspection Report No. 03035710/2012001(DNMS) issued on December 19, 2012, and the results of the OI investigation were documented in a letter dated April 18, 2013, which identified 14 apparent violations. The April 18, 2013, letter offered the licensee the opportunity to [[Page 51324]] provide a written response, attend a predecisional enforcement conference, or attend an alternative dispute resolution (ADR) session. One apparent violation identified by the NRC involved the RSO's (i.e., Dr. Bastow's) failure to ensure radiation safety activities were conducted in accordance with licensee-approved procedures and regulatory requirements. Specifically, the NRC identified several radiation safety violations, including the failure to conduct radiation surveys, calibrate radiation detection instrumentation, provide and process radiation monitoring devices to individuals, and conduct source leak tests and inventories. These apparent violations occurred, in part, due to Dr. Bastow not performing his duties as the RSO. On July 1, 2013, the licensee and the NRC met in an ADR session mediated by a professional mediator, arranged through Cornell University's Institute on Conflict Resolution. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. At the ADR session, a preliminary agreement was reached and, on September 3, 2013, a Confirmatory Order (EA-13-025) was issued to Bradley D. Bastow, D. O., as the licensee. On March 27, April 21, April 24, and May 5, 2014, the NRC performed inspections at the licensee's facility in South Haven, Michigan, in part, to verify compliance with the Confirmatory Order issued on September 3, 2013. The NRC also performed continued in-office review through June 20, 2014, to evaluate additional information not available during the onsite inspections. During the inspections, apparent violations of NRC requirements were identified, including a number of apparent violations of the Confirmatory Order. On July 30, 2014, the NRC provided the licensee with an inspection report detailing the results of the inspection. In the accompanying cover letter, the NRC requested that the licensee attend a Predecisional Enforcement Conference (PEC) to discuss the inspection results. The NRC identified violations of the Confirmatory Order that were attributable to Dr. Bastow's activities as the RSO. For example, the violations involved the failure to repair or replace radiation detection instrumentation and to ensure that the instrumentation was calibrated and operable, the failure to shadow a radiation safety officer, and the failure to maintain complete and accurate documents. The violations continued to indicate that Dr. Bastow was not adequately fulfilling his duties as the RSO. On September 19, 2014, the licensee, its attorney and the NRC met in a transcribed PEC. During the meeting, the licensee's attorney described the corrective actions taken and the issues where the licensee disagreed with the NRC's conclusions. Based on information gathered during the inspections and information provided during and after the PEC, the NRC made a determination that a Severity Level III problem existed and issued a Notice of Violation and Proposed Imposition of Civil Penalty to Bradley D. Bastow, D. O. (licensee) on November 6, 2014. In a letter dated, September 19, 2014 (ML14279A119), Dr. Bastow requested that the facility's license be amended to standby status and that no activities involving nuclear stress testing will be conducted. On October 7, 2014, the NRC amended the license to possession and storage in standby. III Following the PEC, on September 23, 2014, during a telephone call with the NRC, the licensee's attorney agreed that Dr. Bastow would commit to no longer being RSO. This statement was confirmed in a letter from the licensee dated September 19, 2014, and received by the NRC on September 26, 2014 (ML14279A119). On October 23, 2014, during a telephone call with the NRC, Dr. Bastow verbally agreed with the issuance of a Confirmatory Order to articulate that commitment. On April 17, 2015, Dr. Bastow consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Dr. Bastow further agreed that this Confirmatory Order is to be effective 30 days after issuance and that he has waived his right to a hearing. IV Since the individual has agreed to take additional 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 Confirmatory Order. I find that Dr. Bastow'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 Dr. Bastow's commitments be confirmed by this Confirmatory Order. Based on the above and Dr. Bastow's consent, this Confirmatory Order is effective 30 days after issuance of the Confirmatory Order. V Accordingly, pursuant to Sections 81,161b, 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 30, IT IS HEREBY ORDERED THAT: 1. Beginning on the effective date of this Order (i.e., September 3, 2015), Dr. Bastow is prohibited from serving as an RSO, including an assistant or associate RSO, while in NRC jurisdiction. This includes working as an RSO; being listed as an RSO on a license; and performing any RSO duties for any licensee while in NRC jurisdiction, including activities under an Agreement State license while working under reciprocity. This prohibition does not prevent Dr. Bastow from serving as an authorized user. 2. No later than the effective date of this Order, Dr. Bastow must: a. Inform the NRC, in writing, that he is not listed as RSO (or assistant or associate RSO) on any license (other than 21-32316-01). OR b. If Dr. Bastow is currently involved with any licensee (other than license 21-32316-01) in NRC-licensed activities as an RSO or assistant or associate RSO: (1) Provide a copy of this Order to that licensee, and remind them of their obligation to obtain a new RSO and amend their NRC license to replace Dr. Bastow as RSO and (2) Provide, in writing, to the NRC, the license number, licensee name, address and telephone number, of each licensee. 3. Prior to returning license 21-32316-01 to active status, Dr. Bastow will identify a new individual to replace Dr. Bastow as RSO and inform the NRC in writing by submitting a license amendment request. 4. At any time after the effective date of this Order, Dr. Bastow may file a written request with the NRC that this Order be rescinded, such that he could again serve as an RSO in NRC jurisdiction. Such a request shall include the following: a. Dr. Bastow will provide written documentation of satisfactory completion of an in-person 40-hour medical RSO training class. (1) The training class completion date will be after the effective date of this Order; (2) The written documentation will include completion date, provider name and contact information, [[Page 51325]] instructor name, and class agenda/outline; (3) The documentation must demonstrate that the training covered the following topics: (a) radiation physics and instrumentation; (b) radiation protection; (c) mathematics pertaining to the use and measurement of radioactivity; (d) radiation biology; and (e) radiation dosimetry. b. Dr. Bastow will provide written documentation that he met with and observed (i.e., ``shadowed'') an RSO who oversees a nuclear medical program for a minimum of 24 working hours (3 working days). (1) The completion date will be after the effective date of this Order. (2) The ``shadowing'' effort must, at a minimum, cover the following topics via observation or discussion with the RSO: (a) Shipping, receiving, and performing related radiation surveys; (b) Using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and instruments used to measure radionuclides; (c) Securing and controlling byproduct material; (d) Using administrative controls to avoid mistakes in the administration of byproduct material; (e) Using procedures to prevent or minimize radioactive contamination and using proper decontamination procedures; (f) Using emergency procedures to control byproduct material; and (g) Disposing of byproduct material. (3) The written documentation must include a letter written, dated, and signed by the ``shadowed'' RSO that: (a) Confirms that the ``shadowed'' RSO was, for the entire ``shadow'' period, listed as an RSO for an NRC or Agreement State medical use license and had oversight of a medical use program authorized for 35.100 and 35.200; and lists the license number; (b) Confirms all topics from Item b.2 above were covered and satisfactorily completed during the effort, and provides the approximate number of hours spent on each topic; (c) Attests to the ``shadowed'' RSO's assessment of Dr. Bastow's competency to function independently as an RSO for a medical use license for 35.100 and 35.200 medical uses. (d) The written documentation will include a statement written, dated, and signed by Dr. Bastow articulating the insights that he gained by the effort. c. Dr. Bastow shall provide the NRC with a written document describing in detail his understanding of his requirements and responsibilities as an RSO and containing his acknowledgment of these requirements and responsibilities. This document will include a statement of Dr. Bastow's commitment to compliance with regulatory requirements, including providing complete and accurate information, and the basis why the Commission should have confidence that he will now comply with applicable NRC requirements. 5. All information provided to NRC pursuant to this section shall be provided in writing and addressed and mailed to Cynthia D. Pederson, Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532, with a copy also mailed to Dr. Patricia K. Holahan, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 6. This Order shall be effective 30 days (i.e., September 3, 2015), after issuance and shall remain in effect until the conditions specified above have been met and the NRC determines, in writing, that the Order is rescinded. VI Any person adversely affected by this Confirmatory Order, other than Dr. Bastow, may request a hearing within 30 days of the issuance date of this Confirmatory Order. 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 20555-001, 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's e-filing rule (72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3, 2012, (codified in pertinent part at 10 CFR part 2, subpart C). The e-filing 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 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to: (1) Request a digital (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign 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 NRC-issued 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.html. System requirements for accessing the e-submittal server are detailed in NRC's ``Guidance for Electronic Submission,'' which is available 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 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 [[Page 51326]] submit a request for hearing or petition for leave to intervene through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available 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 (ET) on the due date. Upon receipt of a transmission, the e-filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The e-filing system also distributes an email notice that provides access to the document to the NRC's 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, any others who wish to participate in the proceeding (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 NRC'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's Web site at http://www.nrc.gov/site-help/e-submittals.html, by email at MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., ET, 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 the NRC's electronic hearing docket, which is available to the public at http://ehd1.nrc.gov/ehd/, 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, participants are requested not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application. If a person other than Dr. Bastow 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 a separate Order designating the time and place of any hearings, as appropriate. 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 effective and final 30 days after issuance of the Confirmatory 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. Dated at Lisle, Illinois this 4th day of August, 2015. For the Nuclear Regulatory Commission. Cynthia D. Pederson, Regional Administrator. [FR Doc. 2015-20874 Filed 8-21-15; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices 51323
employed by a private employer. This Dated: August 18, 2015. White Flint North, 11555 Rockville
information is used to determine the Yoon Ferguson, Pike, Rockville, Maryland 20852.
claimant’s entitlement to compensation Agency Clearance Officer, Office of Workers’ FOR FURTHER INFORMATION CONTACT:
benefits. This information collection is Compensation Programs, US Department of Kenneth Lambert, Region III, U.S.
currently approved for use through Labor. Nuclear Regulatory Commission, Lisle,
January 31, 2016. [FR Doc. 2015–20779 Filed 8–21–15; 8:45 am] Illinois 60532; telephone: 630–810–
II. Review Focus: The Department of BILLING CODE 4510–CH–P 4376, email: Kenneth.Lambert@nrc.gov.
Labor is particularly interested in SUPPLEMENTARY INFORMATION: The text of
comments which: the Order is attached.
* Evaluate whether the proposed NUCLEAR REGULATORY Dated at Lisle, IL this 4th day of August,
collection of information is necessary COMMISSION 2015.
for the proper performance of the [IA–14–039; NRC–2013–0208] For the Nuclear Regulatory Commission.
functions of the agency, including Cynthia D. Pederson,
whether the information will have In the Matter of Dr. Bradley D. Bastow Regional Administrator.
practical utility;
AGENCY: Nuclear Regulatory Attachment—Confirmatory Order
* Evaluate the accuracy of the Commission. Modifying License
agency’s estimate of the burden of the ACTION: Confirmatory order; issuance.
proposed collection of information, United States of America
including the validity of the SUMMARY: The U.S. Nuclear Regulatory Nuclear Regulatory Commission
methodology and assumptions used; Commission (NRC) is issuing a
In the Matter of, Bradley D. Bastow, D. O.
* Enhance the quality, utility and Confirmatory Order to Dr. Bradley D.
IA–14–039
clarity of the information to be Bastow, as an individual, to confirm his
collected; and agreement to no longer serve as a Confirmatory Order
radiation safety officer. The order stems I
* Minimize the burden of the
from commitments made by Dr. Bastow
collection of information on those who Bradley D. Bastow, D. O., (licensee) is
following an NRC inspection and
are to respond, including through the the holder of Materials License No. 21–
subsequent predecisional enforcement
use of appropriate automated, 32316–01 issued by the Nuclear
conference.
electronic, mechanical, or other Regulatory Commission (NRC or
technological collection techniques or DATES: Effective Date: See attachment. Commission) pursuant to Title 10 of the
other forms of information technology, ADDRESSES: Please refer to Docket ID Code of Federal Regulations (10 CFR)
e.g., permitting electronic submissions NRC–2013–0208 when contacting the Part 30 on April 20, 2001, and renewed
of responses. NRC about the availability of on December 7, 2011. The license
III. Current Actions: The Department information regarding this document. authorizes the operation of Bradley D.
of Labor seeks the approval for the You may obtain publicly-available Bastow, D. O., at his place of business
extension of this currently approved information related to this action by the (Cardiology II, P.C.), in accordance with
information collection in order to following methods: conditions specified therein. It further
determine a claimant’s eligibility for • Federal Rulemaking Web site: Go to specifies that the radiation safety officer
compensation benefits. http://www.regulations.gov and search (RSO) for the license will be Bradley D.
for Docket ID NRC–2013–0208. Address Bastow, D. O. (Dr. Bastow). The
Type of Review: Extension.
questions about NRC dockets to Carol licensee’s facility is located in South
Agency: Office of Workers’ Gallagher; telephone: 301–415–3463; Haven, Michigan.
Compensation Programs. email: Carol.Gallagher@nrc.gov. For This Confirmatory Order is the result
Title: Request for Employment questions about this Order, contact the of an agreement reached with Dr.
Information. individual listed in the FOR FURTHER Bastow during discussions on
OMB Number: 1240–0047. INFORMATION CONTACT section of this September 23 and October 23, 2014.
document.
Agency Number: CA–1027. • NRC’s Agencywide Documents II
Affected Public: Business or other for- Access and Management System On February 28, and April 3, 2012,
profit. (ADAMS): You may obtain publicly the U.S. Nuclear Regulatory
Total Respondents: 154. available documents online in the NRC Commission (NRC) conducted a special
Total Annual Responses: 154. Library at http://www.nrc.gov/reading- inspection at the licensee’s facility in
rm/adams.html. To begin the search, South Haven, Michigan, with continued
Average Time per Response: 15 select ‘‘ADAMS Public Documents’’ and in-office review through May 24, 2012.
minutes. then select ‘‘Begin Web-based ADAMS The NRC Office of Investigations (OI)
Estimated Total Burden Hours: 39. Search.’’ For problems with ADAMS, began an investigation on April 2, 2012,
Frequency: On occasion. please contact the NRC’s Public into several of the issues identified
Document Room (PDR) reference staff at during the inspection. OI completed its
Total Burden Cost (capital/startup):
1–800–397–4209, 301–415–4737, or by investigation on January 31, 2013. The
$0.
email to pdr.resource@nrc.gov. The details of the inspection were
Total Burden Cost (operating/ ADAMS accession number for each documented in NRC Inspection Report
maintenance): $80.
tkelley on DSK3SPTVN1PROD with NOTICES
document referenced in this document No. 03035710/2012001(DNMS) issued
Comments submitted in response to (if that document is available in on December 19, 2012, and the results
this notice will be summarized and/or ADAMS) is provided the first time that of the OI investigation were
included in the request for Office of a document is referenced. documented in a letter dated April 18,
Management and Budget approval of the • NRC’s PDR: You may examine and 2013, which identified 14 apparent
information collection request; they will purchase copies of public documents at violations. The April 18, 2013, letter
also become a matter of public record. the NRC’s PDR, Room O1–F21, One offered the licensee the opportunity to
VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1](https://thefederalregister.org/doc/80_FR_51486/page/1.svg)
![51326 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
submit a request for hearing or petition Filing is considered complete by first- Regional Administrator.
for leave to intervene through the EIE. class mail as of the time of deposit in [FR Doc. 2015–20874 Filed 8–21–15; 8:45 am]
Submissions should be in Portable the mail, or by courier, express mail, or BILLING CODE 7590–01–P
Document Format (PDF) in accordance expedited delivery service upon
with NRC guidance available at http:// depositing the document with the
www.nrc.gov/site-help/e- provider of the service. A presiding NUCLEAR REGULATORY
submittals.html. A filing is considered officer, having granted an exemption COMMISSION
complete at the time the documents are request from using e-filing, may require
submitted through the NRC’s e-filing [Docket No. 50–382; License No. NPF–38;
a participant or party to use e-filing if NRC–2014–0258]
system. To be timely, an electronic the presiding officer subsequently
filing must be submitted to the e-filing determines that the reason for granting In the Matter of Entergy Louisiana,
system no later than 11:59 p.m. Eastern the exemption from use of e-filing no LLC; Waterford Steam Electric Station,
Time (ET) on the due date. Upon receipt longer exists. Unit 3
of a transmission, the e-filing system
time-stamps the document and sends Documents submitted in adjudicatory AGENCY: Nuclear Regulatory
the submitter an email notice proceedings will appear in the NRC’s Commission.
confirming receipt of the document. The electronic hearing docket, which is
ACTION: Direct and indirect transfer of
e-filing system also distributes an email available to the public at http://
ehd1.nrc.gov/ehd/, unless excluded license; order.
notice that provides access to the
document to the NRC’s Office of the pursuant to an order of the Commission SUMMARY: The U.S. Nuclear Regulatory
General Counsel and any others who or the presiding officer. Participants are Commission (NRC) is issuing an order to
have advised the Office of the Secretary requested not to include personal permit the direct transfer of Facility
that they wish to participate in the privacy information, such as social Operating License No. NPF–38 for
proceeding, so that the filer need not security numbers, home addresses, or Waterford Steam Electric Station, Unit 3
serve the documents on those home phone numbers in their filings, (Waterford), to a newly formed limited
participants separately. Therefore, any unless an NRC regulation or other law liability company named Entergy
others who wish to participate in the requires submission of such Louisiana, LLC. The new owner licensee
proceeding (or their counsel or information. With respect to has the same name as the previous
representative) must apply for and copyrighted works, participants are owner licensee. In addition, the
receive a digital ID certificate before a requested not to include copyrighted applicants requested the NRC’s consent
hearing request/petition to intervene is materials in their submission, except for to approve an associated indirect license
filed so that they can obtain access to limited excerpts that serve the purpose transfer of Waterford to the extent that
the document via the e-filing system. of the adjudicatory filings and would such indirect transfer would be affected
A person filing electronically using constitute a Fair Use application. by a new intermediary holding
the NRC’s adjudicatory e-filing system If a person other than Dr. Bastow company. Entergy Corporation will
may seek assistance by contacting the requests a hearing, that person shall set remain as the ultimate parent company,
NRC Meta System Help Desk through forth with particularity the manner in but a new intermediate company,
the ‘‘Contact Us’’ link located on the which his interest is adversely affected Entergy Utility Holding Company, LLC,
NRC’s Web site at http://www.nrc.gov/ by this Confirmatory Order and shall a Texas limited liability company, will
site-help/e-submittals.html, by email at address the criteria set forth in 10 CFR be the direct parent company of the
MSHD.Resource@nrc.gov, or by a toll- 2.309(d) and (f). newly formed Entergy Louisiana, LLC.
free call at (866) 672–7640. The NRC
If a hearing is requested by a person DATES: The Order was issued on August
Meta System Help Desk is available
whose interest is adversely affected, the 14, 2015, and is effective for one year.
between 8:00 a.m. and 8:00 p.m., ET,
Monday through Friday, excluding Commission will issue a separate Order ADDRESSES: Please refer to Docket ID
government holidays. designating the time and place of any NRC–2014–0258 when contacting the
Participants who believe that they hearings, as appropriate. If a hearing is NRC about the availability of
have a good cause for not submitting held, the issue to be considered at such information regarding this document.
documents electronically must file an hearing shall be whether this You may obtain publicly-available
exemption request, in accordance with Confirmatory Order should be information related to this document
10 CFR 2.302(g), with their initial paper sustained. using any of the following methods:
filing requesting authorization to In the absence of any request for • Federal Rulemaking Web site: Go to
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format. Such filings must be submitted extension of time in which to request a for Docket ID NRC–2014–0258. Address
by: (1) First-class mail addressed to the hearing, the provisions specified in questions about NRC dockets to Carol
Office of the Secretary of the Section V above shall be effective and Gallagher; telephone: 301–415–3463;
Commission, U.S. Nuclear Regulatory final 30 days after issuance of the email: Carol.Gallagher@nrc.gov. For
Commission, Washington, DC 20555– Confirmatory Order without further technical questions, contact the
0001, Attention: Rulemaking and order or proceedings. If an extension of individual listed in the FOR FURTHER
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Rulemaking and Adjudications Staff. Dated at Lisle, Illinois this 4th day of ADAMS Public Documents collection at
Participants filing a document in this August, 2015. http://www.nrc.gov/reading-rm/
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| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Confirmatory order; issuance. | |
| Contact | Kenneth Lambert, Region III, U.S. Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630- 810-4376, email: [email protected] | |
| FR Citation | 80 FR 51323 |
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