80_FR_61692 80 FR 61495 - In the Matter of Energy Northwest; Columbia Generating Station

80 FR 61495 - In the Matter of Energy Northwest; Columbia Generating Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61495-61499
FR Document2015-26046

The U.S. Nuclear Regulatory Commission (NRC) and Energy Northwest engaged in mediation as part of the NRC's Alternative Dispute Resolution Program which resulted in a settlement agreement as reflected in the confirmatory order relating to Columbia Generating Station.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61495-61499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26046]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-397 and EA-14-240; NRC-2015-0228]


In the Matter of Energy Northwest; Columbia Generating Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and Energy 
Northwest engaged in mediation as part of the NRC's Alternative Dispute 
Resolution Program which resulted in a settlement agreement as 
reflected in the confirmatory order relating to Columbia Generating 
Station.

DATES: The confirmatory order was issued to the licensee on September 
28, 2015. The effective date is October 28, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0228 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0228. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 
ADAMS Public Documents collection 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 [email protected]. The 
ADAMS accession number for each document referenced (if it 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: Richard Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 5th day of October 2015.

    For the Nuclear Regulatory Commission.
Nicholas Hilton,
Chief, Enforcement Branch, Office of Enforcement .

United states of America NUCLEAR REGULATORY COMMISSION

In the Matter of Energy Northwest Columbia Generating Station

Docket: 05000397 License: NPF-21 EA-14-240

COnfirmatory Order (Modifying License)

I

    Energy Northwest (Licensee) is the holder of Reactor Operating 
License NPF-21 issued by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) pursuant to Title 10 of the Code of Federal Regulations (10 
CFR)

[[Page 61496]]

Part 50 on April 13, 1984, and renewed on May 22, 2012. The license 
authorizes the operation of the Columbia Generating Station (CGS) in 
accordance with the conditions specified therein. The facility is 
located in Richland, WA.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on August 6, 2015, and subsequent discussions completed on 
August 25, 2015.

II

    On December 11, 2013, the NRC's Office of Investigations (OI), 
Region IV Field Office, initiated an investigation to determine whether 
nuclear security officers (NSOs) assigned to Energy Northwest's CGS 
were willfully inattentive while on duty. The investigation was 
completed on March 11, 2015, and was documented in OI Report 4-2014-
009, dated December 18, 2014. Based on the results of the 
investigation, the NRC concluded that, on multiple occasions in 2012, 
2013, and 2014, two security officers willfully violated 10 CFR 
73.55(k)(5)(iii), in that they were not available at all times inside 
the protected area for their assigned response duties.
    On August 6, 2015, Energy Northwest and the NRC met in an ADR 
session mediated by a professional mediator, arranged through the 
Cornell University Scheinman 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. This Confirmatory Order is issued 
pursuant to the agreement reached during the ADR process.

III

    In response to the NRC's offer, Energy Northwest requested use of 
the NRC ADR process to resolve differences it had with the NRC. On 
August 25, 2015, a preliminary settlement agreement was reached.
    The NRC recognizes the corrective actions that Energy Northwest has 
already implemented associated with the events that formed the basis of 
this matter. These actions at CGS include:
     Informational briefings to NSOs on all shifts regarding 
the severity and the consequences of the incidents that formed the 
basis for this violation; and the reinforcement of using mitigation 
tools to avoid inattentiveness;
     Discussions with NSOs regarding regulatory requirements 
and the overall role security plays in the nuclear industry;
     Review of professionalism standards and expectations, as 
well as a code of ethics with NSOs and supervisors on each shift;
     Installation and use of surveillance cameras in bullet 
resistant enclosures (BREs);
     Increased frequency of radio checks to all posts and 
patrols; and
     Increased supervisory checks of posts and patrols;
    The elements of the agreement, as signed by both parties, consist 
of the following:
    A. The NRC has concluded that a willful violation of Title 10 of 
the Code of Federal Regulations (10 CFR) 73.55(k)(5)(iii) occurred 
between 2012 and 2014, when NSOs at CGS were willfully inattentive 
while on duty, which resulted in their not meeting the requirement to 
be available at all times inside the protected area for their assigned 
response duties. Energy Northwest does not dispute this conclusion.
    B. Within 3 months of the date of this Confirmatory Order, Energy 
Northwest will conduct a common cause evaluation related to the events 
that formed the basis of this matter.
    1. The common cause evaluation will be conducted by a trained 
individual outside of the Emergency Services organization at CGS.
    2. The results will be incorporated into Energy Northwest's 
corrective action program at CGS, as appropriate.
    3. A copy of the completed evaluation will be made available for 
NRC review.
    C. Within 18 months of the date of this Confirmatory Order, Energy 
Northwest will install wide-angle cameras in BREs to monitor the 
availability of nuclear security officers.
    1. The cameras will be monitored by security supervisors (i.e., 
Sergeant or Lieutenant) at a frequency of not less than twice per shift 
per BRE when cameras are functional.
    2. When the cameras are not functional, security supervisors (i.e., 
Sergeant or Lieutenant) will conduct security post checks at a 
frequency of not less than twice per shift, provided there is adequate 
staffing (i.e., one lieutenant and two sergeants) to ensure other 
commitments can be met.
    3. Until cameras are installed in the BREs, Energy Northwest 
security management will continue to perform a minimum of two post 
checks per shift, provided there is adequate staffing (i.e., one 
lieutenant and two sergeants) to ensure other commitments can be met.
    4. Use of cameras to monitor the availability of NSOs inside BREs 
will be documented.
    D. Within 6 months of the date of this Confirmatory Order, Energy 
Northwest will revise its annual compliance and ethics computer-based 
training to address deliberate misconduct (10 CFR 50.5), compliance 
therewith, and consequences for non-compliance.
    1. Prior to conducting the training, Energy Northwest will provide 
its proposed training plan to the NRC for its review. The NRC will 
communicate to the licensee any concerns regarding the plan within 30 
days of submittal for resolution in a manner acceptable to both 
parties.
    2. Energy Northwest will complete administration of this training 
within 6 months of the date of this Confirmatory Order.
    E. Energy Northwest will ensure its NSOs understand the need to 
comply with regulations and the consequences for non-compliance by 
having NSOs sign a statement affirming the same. This statement will be 
signed by current NSOs within 6 months of the date of this Confirmatory 
Order and within 30 days of hire for new NSOs, subject to collective 
bargaining.
    F. Energy Northwest will prepare a ``lessons learned'' presentation 
derived from the common cause evaluation to be delivered to Energy 
Northwest's nuclear security department at CGS concerning the incidents 
that formed the basis for this violation and the consequences.
    1. Prior to offering this presentation, Energy Northwest will 
provide its proposed presentation to the NRC for its review. The NRC 
will communicate to the licensee any concerns regarding the 
presentation within 30 days of submittal for resolution in a manner 
acceptable to both parties.
    2. Energy Northwest will deliver the presentation to the nuclear 
security department at CGS within 6 months of the date of this 
Confirmatory Order.
    G. Energy Northwest will incorporate the lessons learned, derived 
from the common cause evaluation referenced in Condition B, and revise 
procedures at CGS as appropriate. A copy of the revised procedures will 
be made available for NRC review.
    H. Within 12 months of the date of this Confirmatory Order, Energy 
Northwest will prepare a presentation communicating the incidents that 
formed the basis for this violation to be delivered to an appropriate 
industry forum (e.g., the NEI Nuclear Security Working Group) subject 
to acceptance of the conference organizing committees.
    1. This presentation will include, among other things, the 
significance of the incidents that formed the basis for this violation; 
the consequences of the

[[Page 61497]]

actions; and the significant responsibilities of NSOs.
    2. Prior to making the presentation, Energy Northwest will provide 
its proposed presentation to the NRC for its review. The NRC will 
communicate to the licensee any concerns regarding the presentation 
within 30 days of submittal for resolution in a manner acceptable to 
both parties.
    3. Energy Northwest will deliver the presentation within 12 months 
of the date of this Confirmatory Order.
    I. Within 6 months of the date of this Confirmatory Order, Energy 
Northwest will ensure that an independent third party will conduct a 
targeted nuclear safety culture assessment of the security organization 
at CGS.
    1. Based on the results of the assessment, Energy Northwest will 
incorporate recommended actions from the assessment into its corrective 
action program, as appropriate.
    2. A copy of the completed assessment will be made available for 
NRC review within 30 days of the completion of the assessment.
    J. Within 4 months of the date of this Confirmatory Order, Energy 
Northwest will revise its investigatory procedures to incorporate 
lessons learned from this matter (e.g., to engage the NRC Regional 
Office on Energy Northwest's plans to conduct regulatory violation 
investigations in parallel with the NRC's Office of Investigations).
    K. Notification to NRC When Actions Are Completed
    1. Unless otherwise specified, Energy Northwest will submit written 
notification to the Director, Division of Reactor Safety, U.S. NRC 
Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at 
intervals not to exceed 3 months until the terms of the Confirmatory 
Order are completed, providing a status of each item in the Order.
    2. Energy Northwest will provide its basis for concluding that the 
terms of the Confirmatory Order have been satisfied, to the NRC, in 
writing.
    L. Inspection Follow-up
    Based on the corrective actions and enhancements described above, 
the NRC will conduct follow-up inspections using NRC Inspection 
Procedure 92702, ``Followup on Corrective Actions for Violations and 
Deviations,'' to confirm, among other things, the thoroughness and 
adequacy of the above-referenced actions.
    M. Administrative Items
    1. The NRC and Energy Northwest agree that the above elements will 
be incorporated into a Confirmatory Order and that the NRC will 
consider the order an escalated enforcement action with respect to any 
future enforcement actions.
    2. The NRC agrees to provide Energy Northwest with copies of the 
correspondence issued to the two nuclear security officers involved, 
and associated with the incidents that formed the basis for this 
violation.
    3. In consideration of the commitments delineated above, the NRC 
agrees to refrain from issuing a Notice of Violation for the violation 
discussed in NRC Inspection Report and Investigation Report to Energy 
Northwest of June 25, 2015 (EA-14-240).
    4. This agreement is binding upon successors and assigns of Energy 
Northwest.
    N. Within 30 days of the date of the Confirmatory Order, Energy 
Northwest shall pay a civil penalty of $35,000.
    On September 21, 2015, Energy Northwest consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. Energy Northwest further agreed that this Confirmatory Order is 
to be effective 30 days after its issuance and that Energy Northwest 
has waived its right to a hearing.

IV

    Since the licensee has agreed to take additional actions to address 
NRC concerns, as set forth in Item III above, the NRC has concluded 
that its concerns can be resolved through issuance of this Confirmatory 
Order.
    I find that Energy Northwest'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 Energy Northwest's commitments be confirmed by this 
Confirmatory Order. Based on the above and Energy Northwest's consent, 
this Confirmatory Order is effective 30 days after its issuance.

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, 
THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT COLUMBIA GENERATING 
STATION AND THAT LICENSE NO. NPF-21 IS MODIFIED AS FOLLOWS WITH RESPECT 
TO THE ACTIONS TO BE TAKEN AT THE COLUMBIA GENERATING STATION:
    A. Within 3 months of the date of this Confirmatory Order, Energy 
Northwest will conduct a common cause evaluation related to the events 
that formed the basis of this matter.
    1. The common cause evaluation will be conducted by a trained 
individual outside of the Emergency Services organization at CGS.
    2. The results will be incorporated into Energy Northwest's 
corrective action program at CGS, as appropriate.
    3. A copy of the completed evaluation will be made available for 
NRC review.
    B. Within 18 months of the date of this Confirmatory Order, Energy 
Northwest will install wide-angle cameras in BREs to monitor the 
availability of nuclear security officers.
    1. The cameras will be monitored by security supervisors (i.e., 
Sergeant or Lieutenant) at a frequency of not less than twice per shift 
per BRE when cameras are functional.
    2. When the cameras are not functional, security supervisors (i.e., 
Sergeant or Lieutenant) will conduct security post checks at a 
frequency of not less than twice per shift, provided there is adequate 
staffing (i.e., one Lieutenant and two Sergeants) to ensure other 
commitments can be met.
    3. Until cameras are installed in the BREs, Energy Northwest 
security management will continue to perform a minimum of two post 
checks per shift, provided there is adequate staffing (i.e., one 
Lieutenant and two Sergeants) to ensure other commitments can be met.
    4. Use of cameras to monitor the availability of NSOs inside BREs 
will be documented.
    C. Within 6 months of the date of this Confirmatory Order, Energy 
Northwest will revise its annual compliance and ethics computer-based 
training to address deliberate misconduct (10 CFR 50.5), compliance 
therewith, and consequences for non-compliance.
    1. Prior to conducting the training, Energy Northwest will provide 
its proposed training plan to the NRC for its review. The NRC will 
communicate to the licensee any concerns regarding the plan within 30 
days of submittal for resolution in a manner acceptable to both 
parties.
    2. Energy Northwest will complete administration of this training 
within 6 months of the date of this Confirmatory Order.
    D. Energy Northwest will ensure its NSOs understand the need to 
comply with regulations and the consequences for non-compliance by 
having NSOs sign a statement affirming the same. This statement will be 
signed by current NSOs within 6 months of the date of this Confirmatory 
Order and within 30

[[Page 61498]]

days of hire for new NSOs, subject to collective bargaining.
    E. Energy Northwest will prepare a ``lessons learned'' 
presentation, derived from the common cause evaluation, to be delivered 
to Energy Northwest's nuclear security department at CGS concerning the 
incidents that formed the basis for this violation and the 
consequences.
    1. Prior to offering this presentation, Energy Northwest will 
provide its proposed presentation to the NRC for its review. The NRC 
will communicate to the licensee any concerns regarding the 
presentation within 30 days of submittal for resolution in a manner 
acceptable to both parties.
    2. Energy Northwest will deliver the presentation to the nuclear 
security department at CGS within 6 months of the date of this 
Confirmatory Order.
    F. Energy Northwest will incorporate the lessons learned, derived 
from the common cause evaluation referenced in Condition B, and revise 
procedures at CGS as appropriate. A copy of the revised procedures will 
be made available for NRC review.
    G. Within 12 months of the date of this Confirmatory Order, Energy 
Northwest will prepare a presentation communicating the incidents that 
formed the basis for this violation to be delivered to an appropriate 
industry forum (e.g., the NEI Nuclear Security Working Group) subject 
to acceptance of the conference organizing committees.
    1. This presentation will include, among other things, the 
significance of the incidents that formed the basis for this violation; 
the consequences of the actions; and the significant responsibilities 
of NSOs.
    2. Prior to making the presentation, Energy Northwest will provide 
its proposed presentation to the NRC for its review. The NRC will 
communicate to the licensee any concerns regarding the presentation 
within 30 days of submittal for resolution in a manner acceptable to 
both parties.
    3. Energy Northwest will deliver the presentation within 12 months 
of the date of this Confirmatory Order.
    H. Within 6 months of the date of this Confirmatory Order, Energy 
Northwest will ensure that an independent third party will conduct a 
targeted nuclear safety culture assessment of the security organization 
at CGS.
    1. Based on the results of the assessment, Energy Northwest will 
incorporate recommended actions from the assessment into its corrective 
action program, as appropriate.
    2. A copy of the completed assessment will be made available for 
NRC review within 30 days of the completion of the assessment.
    I. Within 4 months of the date of this Confirmatory Order, Energy 
Northwest will revise its investigatory procedures to incorporate 
lessons learned from this matter (e.g., to engage the NRC Regional 
Office on Energy Northwest's plans to conduct regulatory violation 
investigations in parallel with the NRC's Office of Investigations).
    J. Notification to NRC When Actions Are Completed
    1. Unless otherwise specified, Energy Northwest will submit written 
notification to the Director, Division of Reactor Safety, U. S. NRC 
Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at 
intervals not to exceed 3 months until the terms of this Confirmatory 
Order are completed, providing a status of each item in the 
Confirmatory Order.
    2. Energy Northwest will provide its basis for concluding that the 
terms of this Confirmatory Order have been satisfied, to the NRC, in 
writing.
    K. Within 30 days of the date of this Confirmatory Order, Energy 
Northwest shall pay a civil penalty of $35,000.
    The Regional Administrator, Region IV, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Energy 
Northwest of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Energy Northwest 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 directed 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, as amended at 77 FR 46562, August 3, 2012), which is 
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 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
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/getting-started.html. System requirements for accessing the 
E-Submittal 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 Electronic Filing 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. Further 
information on the Web-based submission form 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's 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

[[Page 61499]]

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 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, 
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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing 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 
[email protected], or by a toll-free call to 866-672-7640. The NRC 
Electronic Filing 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://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 the Energy Northwest 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 
the issuance date of this 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 this 28th day of September 2015.

    For the Nuclear Regulatory Commission.

    Marc L. Dapas
    Regional Administrator

[FR Doc. 2015-26046 Filed 10-9-15; 8:45 am]
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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                             61495

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                                                                                                          with these references if such                         Search.’’ For problems with ADAMS,
                                                    The ACRS Subcommittee on AP1000                       rescheduling would result in a major                  please contact the NRC’s Public
                                                  will hold a meeting on October 21–22,                   inconvenience.                                        Document Room (PDR) reference staff at
                                                  2015, Room T–2B1, 11545 Rockville                          If attending this meeting, please enter            1–800–397–4209, 301–415–4737, or by
                                                  Pike, Rockville, Maryland.                              through the One White Flint North                     email to pdr.resource@nrc.gov. The
                                                    The entire meeting will be open.                      building, 11555 Rockville Pike,                       ADAMS accession number for each
                                                    The agenda for the subject meeting                    Rockville, MD. After registering with                 document referenced (if it available in
                                                  shall be as follows:                                    security, please contact Mr. Theron                   ADAMS) is provided the first time that
                                                  Wednesday, October 21, 2015—8:30                        Brown (Telephone 240–888–9835) to be                  a document is referenced.
                                                  a.m. until 5:00 p.m.; Thursday, October                 escorted to the meeting room.                            • NRC’s PDR: You may examine and
                                                  22, 2015—8:30 a.m. until 5:00 p.m.                        Dated: October 2, 2015.
                                                                                                                                                                purchase copies of public documents at
                                                                                                                                                                the NRC’s PDR, Room O1–F21, One
                                                     The Subcommittee will review the                     Mark L. Banks,
                                                                                                                                                                White Flint North, 11555 Rockville
                                                  draft Safety Evaluation Report                          Chief, Technical Support Branch, Advisory             Pike, Rockville, Maryland 20852.
                                                  associated with combined license                        Committee on Reactor Safeguards.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  application (COLA) for the William                      [FR Doc. 2015–25878 Filed 10–9–15; 8:45 am]
                                                  States Lee Nuclear Station Units 1 and                                                                        Richard Guzman, Office of Nuclear
                                                                                                          BILLING CODE 7590–01–P
                                                  2. The Subcommittee will hear                                                                                 Reactor Regulation, U.S. Nuclear
                                                  presentations by and hold discussions                                                                         Regulatory Commission, Washington,
                                                  with the NRC staff and other interested                                                                       DC 20555–0001; telephone: 301–415–
                                                                                                          NUCLEAR REGULATORY
                                                  persons regarding this matter. The                                                                            1030, email: Richard.Guzman@nrc.gov.
                                                                                                          COMMISSION
                                                  Subcommittee will gather information,                                                                         SUPPLEMENTARY INFORMATION: The text of
                                                                                                          [Docket Nos. 50–397 and EA–14–240; NRC–               the Order is attached.
                                                  analyze relevant issues and facts, and                  2015–0228]
                                                  formulate proposed positions and                                                                                Dated at Rockville, Maryland, this 5th day
                                                  actions, as appropriate, for deliberation               In the Matter of Energy Northwest;                    of October 2015.
                                                  by the Full Committee.                                  Columbia Generating Station                             For the Nuclear Regulatory Commission.
                                                     Members of the public desiring to                                                                          Nicholas Hilton,
                                                  provide oral statements and/or written                  AGENCY:  Nuclear Regulatory                           Chief, Enforcement Branch, Office of
                                                  comments should notify the Designated                   Commission.                                           Enforcement .
                                                  Federal Official (DFO), Mr. Peter Wen                   ACTION: Confirmatory order; issuance.
                                                  (Telephone 301–415–2832 or Email:                                                                             United states of America NUCLEAR
                                                  Peter.Wen@nrc.gov) five days prior to                   SUMMARY:   The U.S. Nuclear Regulatory                REGULATORY COMMISSION
                                                  the meeting, if possible, so that                       Commission (NRC) and Energy                           In the Matter of Energy Northwest Columbia
                                                  appropriate arrangements can be made.                   Northwest engaged in mediation as part                  Generating Station
                                                  Thirty-five hard copies of each                         of the NRC’s Alternative Dispute                      Docket: 05000397 License: NPF–21 EA–14–
                                                  presentation or handout should be                       Resolution Program which resulted in a                  240
                                                  provided to the DFO thirty minutes                      settlement agreement as reflected in the
                                                                                                          confirmatory order relating to Columbia               COnfirmatory Order (Modifying
                                                  before the meeting. In addition, one                                                                          License)
                                                                                                          Generating Station.
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                                                  electronic copy of each presentation
                                                  should be emailed to the DFO one day                    DATES: The confirmatory order was                     I
                                                  before the meeting. If an electronic copy               issued to the licensee on September 28,                 Energy Northwest (Licensee) is the
                                                  cannot be provided within this                          2015. The effective date is October 28,               holder of Reactor Operating License
                                                  timeframe, presenters should provide                    2015.                                                 NPF–21 issued by the U.S. Nuclear
                                                  the DFO with a CD containing each                       ADDRESSES: Please refer to Docket ID                  Regulatory Commission (NRC or
                                                  presentation at least thirty minutes                    NRC–2015–0228 when contacting the                     Commission) pursuant to Title 10 of the
                                                  before the meeting. Electronic                          NRC about the availability of                         Code of Federal Regulations (10 CFR)


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                                                  61496                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  Part 50 on April 13, 1984, and renewed                     • Review of professionalism                           D. Within 6 months of the date of this
                                                  on May 22, 2012. The license authorizes                 standards and expectations, as well as a              Confirmatory Order, Energy Northwest
                                                  the operation of the Columbia                           code of ethics with NSOs and                          will revise its annual compliance and
                                                  Generating Station (CGS) in accordance                  supervisors on each shift;                            ethics computer-based training to
                                                  with the conditions specified therein.                     • Installation and use of surveillance             address deliberate misconduct (10 CFR
                                                  The facility is located in Richland, WA.                cameras in bullet resistant enclosures                50.5), compliance therewith, and
                                                     This Confirmatory Order is the result                (BREs);                                               consequences for non-compliance.
                                                  of an agreement reached during an                          • Increased frequency of radio checks                 1. Prior to conducting the training,
                                                  alternative dispute resolution (ADR)                    to all posts and patrols; and                         Energy Northwest will provide its
                                                  mediation session conducted on August                      • Increased supervisory checks of                  proposed training plan to the NRC for
                                                  6, 2015, and subsequent discussions                     posts and patrols;                                    its review. The NRC will communicate
                                                  completed on August 25, 2015.                              The elements of the agreement, as                  to the licensee any concerns regarding
                                                                                                          signed by both parties, consist of the                the plan within 30 days of submittal for
                                                  II
                                                                                                          following:                                            resolution in a manner acceptable to
                                                    On December 11, 2013, the NRC’s                          A. The NRC has concluded that a                    both parties.
                                                  Office of Investigations (OI), Region IV                willful violation of Title 10 of the Code                2. Energy Northwest will complete
                                                  Field Office, initiated an investigation to             of Federal Regulations (10 CFR)                       administration of this training within 6
                                                  determine whether nuclear security                      73.55(k)(5)(iii) occurred between 2012                months of the date of this Confirmatory
                                                  officers (NSOs) assigned to Energy                      and 2014, when NSOs at CGS were                       Order.
                                                  Northwest’s CGS were willfully                          willfully inattentive while on duty,                     E. Energy Northwest will ensure its
                                                  inattentive while on duty. The                          which resulted in their not meeting the               NSOs understand the need to comply
                                                  investigation was completed on March                    requirement to be available at all times              with regulations and the consequences
                                                  11, 2015, and was documented in OI                      inside the protected area for their                   for non-compliance by having NSOs
                                                  Report 4–2014–009, dated December 18,                   assigned response duties. Energy                      sign a statement affirming the same.
                                                  2014. Based on the results of the                       Northwest does not dispute this                       This statement will be signed by current
                                                  investigation, the NRC concluded that,                  conclusion.                                           NSOs within 6 months of the date of
                                                  on multiple occasions in 2012, 2013,                       B. Within 3 months of the date of this             this Confirmatory Order and within 30
                                                  and 2014, two security officers willfully               Confirmatory Order, Energy Northwest                  days of hire for new NSOs, subject to
                                                  violated 10 CFR 73.55(k)(5)(iii), in that               will conduct a common cause                           collective bargaining.
                                                  they were not available at all times                    evaluation related to the events that                    F. Energy Northwest will prepare a
                                                  inside the protected area for their                     formed the basis of this matter.                      ‘‘lessons learned’’ presentation derived
                                                  assigned response duties.                                  1. The common cause evaluation will                from the common cause evaluation to be
                                                    On August 6, 2015, Energy Northwest                   be conducted by a trained individual                  delivered to Energy Northwest’s nuclear
                                                  and the NRC met in an ADR session                       outside of the Emergency Services                     security department at CGS concerning
                                                  mediated by a professional mediator,                    organization at CGS.                                  the incidents that formed the basis for
                                                  arranged through the Cornell University                    2. The results will be incorporated                this violation and the consequences.
                                                  Scheinman Institute on Conflict                         into Energy Northwest’s corrective                       1. Prior to offering this presentation,
                                                  Resolution. ADR is a process in which                   action program at CGS, as appropriate.                Energy Northwest will provide its
                                                  a neutral mediator with no decision-                       3. A copy of the completed evaluation              proposed presentation to the NRC for its
                                                  making authority assists the parties in                 will be made available for NRC review.                review. The NRC will communicate to
                                                  reaching an agreement on resolving any                     C. Within 18 months of the date of                 the licensee any concerns regarding the
                                                  differences regarding the dispute. This                 this Confirmatory Order, Energy                       presentation within 30 days of submittal
                                                  Confirmatory Order is issued pursuant                   Northwest will install wide-angle                     for resolution in a manner acceptable to
                                                  to the agreement reached during the                     cameras in BREs to monitor the                        both parties.
                                                  ADR process.                                            availability of nuclear security officers.               2. Energy Northwest will deliver the
                                                                                                             1. The cameras will be monitored by                presentation to the nuclear security
                                                  III
                                                                                                          security supervisors (i.e., Sergeant or               department at CGS within 6 months of
                                                     In response to the NRC’s offer, Energy               Lieutenant) at a frequency of not less                the date of this Confirmatory Order.
                                                  Northwest requested use of the NRC                      than twice per shift per BRE when                        G. Energy Northwest will incorporate
                                                  ADR process to resolve differences it                   cameras are functional.                               the lessons learned, derived from the
                                                  had with the NRC. On August 25, 2015,                      2. When the cameras are not                        common cause evaluation referenced in
                                                  a preliminary settlement agreement was                  functional, security supervisors (i.e.,               Condition B, and revise procedures at
                                                  reached.                                                Sergeant or Lieutenant) will conduct                  CGS as appropriate. A copy of the
                                                     The NRC recognizes the corrective                    security post checks at a frequency of                revised procedures will be made
                                                  actions that Energy Northwest has                       not less than twice per shift, provided               available for NRC review.
                                                  already implemented associated with                     there is adequate staffing (i.e., one                    H. Within 12 months of the date of
                                                  the events that formed the basis of this                lieutenant and two sergeants) to ensure               this Confirmatory Order, Energy
                                                  matter. These actions at CGS include:                   other commitments can be met.                         Northwest will prepare a presentation
                                                     • Informational briefings to NSOs on                    3. Until cameras are installed in the              communicating the incidents that
                                                  all shifts regarding the severity and the               BREs, Energy Northwest security                       formed the basis for this violation to be
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                                                  consequences of the incidents that                      management will continue to perform a                 delivered to an appropriate industry
                                                  formed the basis for this violation; and                minimum of two post checks per shift,                 forum (e.g., the NEI Nuclear Security
                                                  the reinforcement of using mitigation                   provided there is adequate staffing (i.e.,            Working Group) subject to acceptance of
                                                  tools to avoid inattentiveness;                         one lieutenant and two sergeants) to                  the conference organizing committees.
                                                     • Discussions with NSOs regarding                    ensure other commitments can be met.                     1. This presentation will include,
                                                  regulatory requirements and the overall                    4. Use of cameras to monitor the                   among other things, the significance of
                                                  role security plays in the nuclear                      availability of NSOs inside BREs will be              the incidents that formed the basis for
                                                  industry;                                               documented.                                           this violation; the consequences of the


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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                          61497

                                                  actions; and the significant                            respect to any future enforcement                        A. Within 3 months of the date of this
                                                  responsibilities of NSOs.                               actions.                                              Confirmatory Order, Energy Northwest
                                                     2. Prior to making the presentation,                    2. The NRC agrees to provide Energy                will conduct a common cause
                                                  Energy Northwest will provide its                       Northwest with copies of the                          evaluation related to the events that
                                                  proposed presentation to the NRC for its                correspondence issued to the two                      formed the basis of this matter.
                                                  review. The NRC will communicate to                     nuclear security officers involved, and                  1. The common cause evaluation will
                                                  the licensee any concerns regarding the                 associated with the incidents that                    be conducted by a trained individual
                                                  presentation within 30 days of submittal                formed the basis for this violation.                  outside of the Emergency Services
                                                  for resolution in a manner acceptable to                   3. In consideration of the                         organization at CGS.
                                                  both parties.                                           commitments delineated above, the                        2. The results will be incorporated
                                                     3. Energy Northwest will deliver the                 NRC agrees to refrain from issuing a                  into Energy Northwest’s corrective
                                                  presentation within 12 months of the                    Notice of Violation for the violation                 action program at CGS, as appropriate.
                                                  date of this Confirmatory Order.                        discussed in NRC Inspection Report and                   3. A copy of the completed evaluation
                                                     I. Within 6 months of the date of this               Investigation Report to Energy                        will be made available for NRC review.
                                                  Confirmatory Order, Energy Northwest                    Northwest of June 25, 2015 (EA–14–                       B. Within 18 months of the date of
                                                  will ensure that an independent third                   240).                                                 this Confirmatory Order, Energy
                                                  party will conduct a targeted nuclear                      4. This agreement is binding upon                  Northwest will install wide-angle
                                                  safety culture assessment of the security               successors and assigns of Energy                      cameras in BREs to monitor the
                                                  organization at CGS.                                    Northwest.                                            availability of nuclear security officers.
                                                     1. Based on the results of the                                                                                1. The cameras will be monitored by
                                                                                                             N. Within 30 days of the date of the               security supervisors (i.e., Sergeant or
                                                  assessment, Energy Northwest will
                                                                                                          Confirmatory Order, Energy Northwest                  Lieutenant) at a frequency of not less
                                                  incorporate recommended actions from
                                                                                                          shall pay a civil penalty of $35,000.                 than twice per shift per BRE when
                                                  the assessment into its corrective action
                                                                                                             On September 21, 2015, Energy                      cameras are functional.
                                                  program, as appropriate.
                                                     2. A copy of the completed                           Northwest consented to issuing this                      2. When the cameras are not
                                                  assessment will be made available for                   Confirmatory Order with the                           functional, security supervisors (i.e.,
                                                  NRC review within 30 days of the                        commitments, as described in Section V                Sergeant or Lieutenant) will conduct
                                                  completion of the assessment.                           below. Energy Northwest further agreed                security post checks at a frequency of
                                                     J. Within 4 months of the date of this               that this Confirmatory Order is to be                 not less than twice per shift, provided
                                                  Confirmatory Order, Energy Northwest                    effective 30 days after its issuance and              there is adequate staffing (i.e., one
                                                  will revise its investigatory procedures                that Energy Northwest has waived its                  Lieutenant and two Sergeants) to ensure
                                                  to incorporate lessons learned from this                right to a hearing.                                   other commitments can be met.
                                                  matter (e.g., to engage the NRC Regional                IV                                                       3. Until cameras are installed in the
                                                  Office on Energy Northwest’s plans to                                                                         BREs, Energy Northwest security
                                                  conduct regulatory violation                               Since the licensee has agreed to take              management will continue to perform a
                                                  investigations in parallel with the NRC’s               additional actions to address NRC                     minimum of two post checks per shift,
                                                  Office of Investigations).                              concerns, as set forth in Item III above,             provided there is adequate staffing (i.e.,
                                                     K. Notification to NRC When Actions                  the NRC has concluded that its concerns               one Lieutenant and two Sergeants) to
                                                  Are Completed                                           can be resolved through issuance of this              ensure other commitments can be met.
                                                     1. Unless otherwise specified, Energy                Confirmatory Order.                                      4. Use of cameras to monitor the
                                                  Northwest will submit written                              I find that Energy Northwest’s                     availability of NSOs inside BREs will be
                                                  notification to the Director, Division of               commitments as set forth in Section V                 documented.
                                                  Reactor Safety, U.S. NRC Region IV,                     are acceptable and necessary, and                        C. Within 6 months of the date of this
                                                  1600 East Lamar Blvd., Arlington, Texas                 conclude that with these commitments,                 Confirmatory Order, Energy Northwest
                                                  76011–4511, at intervals not to exceed                  the public health and safety are                      will revise its annual compliance and
                                                  3 months until the terms of the                         reasonably assured. In view of the                    ethics computer-based training to
                                                  Confirmatory Order are completed,                       foregoing, I have determined that public              address deliberate misconduct (10 CFR
                                                  providing a status of each item in the                  health and safety require that Energy                 50.5), compliance therewith, and
                                                  Order.                                                  Northwest’s commitments be confirmed                  consequences for non-compliance.
                                                     2. Energy Northwest will provide its                 by this Confirmatory Order. Based on                     1. Prior to conducting the training,
                                                  basis for concluding that the terms of                  the above and Energy Northwest’s                      Energy Northwest will provide its
                                                  the Confirmatory Order have been                        consent, this Confirmatory Order is                   proposed training plan to the NRC for
                                                  satisfied, to the NRC, in writing.                      effective 30 days after its issuance.                 its review. The NRC will communicate
                                                     L. Inspection Follow-up                              V                                                     to the licensee any concerns regarding
                                                     Based on the corrective actions and                                                                        the plan within 30 days of submittal for
                                                  enhancements described above, the NRC                     Accordingly, pursuant to Sections                   resolution in a manner acceptable to
                                                  will conduct follow-up inspections                      104b, 161b, 161i, 161o, 182, and 186 of               both parties.
                                                  using NRC Inspection Procedure 92702,                   the Atomic Energy Act of 1954, as                        2. Energy Northwest will complete
                                                  ‘‘Followup on Corrective Actions for                    amended, and the Commission’s                         administration of this training within 6
                                                  Violations and Deviations,’’ to confirm,                regulations in 10 CFR 2.202 and 10 CFR                months of the date of this Confirmatory
                                                  among other things, the thoroughness                    part 50, IT IS HEREBY ORDERED,                        Order.
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                                                  and adequacy of the above-referenced                    THAT THE ACTIONS DESCRIBED                               D. Energy Northwest will ensure its
                                                  actions.                                                BELOW WILL BE TAKEN AT                                NSOs understand the need to comply
                                                     M. Administrative Items                              COLUMBIA GENERATING STATION                           with regulations and the consequences
                                                     1. The NRC and Energy Northwest                      AND THAT LICENSE NO. NPF–21 IS                        for non-compliance by having NSOs
                                                  agree that the above elements will be                   MODIFIED AS FOLLOWS WITH                              sign a statement affirming the same.
                                                  incorporated into a Confirmatory Order                  RESPECT TO THE ACTIONS TO BE                          This statement will be signed by current
                                                  and that the NRC will consider the order                TAKEN AT THE COLUMBIA                                 NSOs within 6 months of the date of
                                                  an escalated enforcement action with                    GENERATING STATION:                                   this Confirmatory Order and within 30


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                                                  61498                        Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  days of hire for new NSOs, subject to                   NRC review within 30 days of the                      storage media. Participants may not
                                                  collective bargaining.                                  completion of the assessment.                         submit paper copies of their filings
                                                     E. Energy Northwest will prepare a                     I. Within 4 months of the date of this              unless they seek an exemption in
                                                  ‘‘lessons learned’’ presentation, derived               Confirmatory Order, Energy Northwest                  accordance with the procedures
                                                  from the common cause evaluation, to                    will revise its investigatory procedures              described below.
                                                  be delivered to Energy Northwest’s                      to incorporate lessons learned from this                 To comply with the procedural
                                                  nuclear security department at CGS                      matter (e.g., to engage the NRC Regional              requirements of E-Filing, at least ten
                                                  concerning the incidents that formed                    Office on Energy Northwest’s plans to                 (10) days prior to the filing deadline, the
                                                  the basis for this violation and the                    conduct regulatory violation                          participant should contact the Office of
                                                  consequences.                                           investigations in parallel with the NRC’s             the Secretary by email at
                                                     1. Prior to offering this presentation,              Office of Investigations).                            hearing.docket@nrc.gov, or by telephone
                                                  Energy Northwest will provide its                         J. Notification to NRC When Actions                 at 301–415–1677, to (1) request a digital
                                                  proposed presentation to the NRC for its                Are Completed                                         ID certificate, which allows the
                                                  review. The NRC will communicate to                       1. Unless otherwise specified, Energy               participant (or its counsel or
                                                  the licensee any concerns regarding the                 Northwest will submit written                         representative) to digitally sign
                                                  presentation within 30 days of submittal                notification to the Director, Division of             documents and access the E-Submittal
                                                  for resolution in a manner acceptable to                Reactor Safety, U. S. NRC Region IV,                  server for any proceeding in which it is
                                                  both parties.                                           1600 East Lamar Blvd., Arlington, Texas               participating; and (2) advise the
                                                     2. Energy Northwest will deliver the                 76011–4511, at intervals not to exceed                Secretary that the participant will be
                                                  presentation to the nuclear security                    3 months until the terms of this                      submitting a request or petition for
                                                  department at CGS within 6 months of                    Confirmatory Order are completed,                     hearing (even in instances in which the
                                                  the date of this Confirmatory Order.                    providing a status of each item in the                participant, or its counsel or
                                                     F. Energy Northwest will incorporate                 Confirmatory Order.                                   representative, already holds an NRC-
                                                  the lessons learned, derived from the                     2. Energy Northwest will provide its                issued digital ID certificate). Based upon
                                                  common cause evaluation referenced in                   basis for concluding that the terms of                this information, the Secretary will
                                                  Condition B, and revise procedures at                   this Confirmatory Order have been                     establish an electronic docket for the
                                                  CGS as appropriate. A copy of the                       satisfied, to the NRC, in writing.                    hearing in this proceeding if the
                                                                                                            K. Within 30 days of the date of this               Secretary has not already established an
                                                  revised procedures will be made
                                                                                                          Confirmatory Order, Energy Northwest                  electronic docket.
                                                  available for NRC review.
                                                                                                          shall pay a civil penalty of $35,000.                    Information about applying for a
                                                     G. Within 12 months of the date of                     The Regional Administrator, Region                  digital ID certificate is available on
                                                  this Confirmatory Order, Energy                         IV, may, in writing, relax or rescind any             NRC’s public Web site at http://
                                                  Northwest will prepare a presentation                   of the above conditions upon                          www.nrc.gov/site-help/e-submittals/
                                                  communicating the incidents that                        demonstration by Energy Northwest of                  getting-started.html. System
                                                  formed the basis for this violation to be               good cause.                                           requirements for accessing the E-
                                                  delivered to an appropriate industry                                                                          Submittal server are detailed in NRC’s
                                                  forum (e.g., the NEI Nuclear Security                   VI
                                                                                                                                                                ‘‘Guidance for Electronic Submission,’’
                                                  Working Group) subject to acceptance of                    Any person adversely affected by this              which is available on the agency’s
                                                  the conference organizing committees.                   Confirmatory Order, other than Energy                 public Web site at http://www.nrc.gov/
                                                     1. This presentation will include,                   Northwest may request a hearing within                site-help/e-submittals.html. Participants
                                                  among other things, the significance of                 30 days of the issuance date of this                  may attempt to use other software not
                                                  the incidents that formed the basis for                 Confirmatory Order. Where good cause                  listed on the Web site, but should note
                                                  this violation; the consequences of the                 is shown, consideration will be given to              that the NRC’s E-Filing system does not
                                                  actions; and the significant                            extending the time to request a hearing.              support unlisted software, and the NRC
                                                  responsibilities of NSOs.                               A request for extension of time must be               Electronic Filing Help Desk will not be
                                                     2. Prior to making the presentation,                 directed to the Director, Office of                   able to offer assistance in using unlisted
                                                  Energy Northwest will provide its                       Enforcement, U.S. Nuclear Regulatory                  software.
                                                  proposed presentation to the NRC for its                Commission, Washington, DC 20555,                        If a participant is electronically
                                                  review. The NRC will communicate to                     and include a statement of good cause                 submitting a document to the NRC in
                                                  the licensee any concerns regarding the                 for the extension.                                    accordance with the E-Filing rule, the
                                                  presentation within 30 days of submittal                   All documents filed in NRC                         participant must file the document
                                                  for resolution in a manner acceptable to                adjudicatory proceedings, including a                 using the NRC’s online, Web-based
                                                  both parties.                                           request for hearing, a petition for leave             submission form. Further information
                                                     3. Energy Northwest will deliver the                 to intervene, any motion or other                     on the Web-based submission form is
                                                  presentation within 12 months of the                    document filed in the proceeding prior                available on the NRC’s public Web site
                                                  date of this Confirmatory Order.                        to the submission of a request for                    at http://www.nrc.gov/site-help/e-
                                                     H. Within 6 months of the date of this               hearing or petition to intervene, and                 submittals.html.
                                                  Confirmatory Order, Energy Northwest                    documents filed by interested                            Once a participant has obtained a
                                                  will ensure that an independent third                   governmental entities participating                   digital ID certificate and a docket has
                                                  party will conduct a targeted nuclear                   under 10 CFR 2.315(c), must be filed in               been created, the participant can then
                                                  safety culture assessment of the security               accordance with the NRC E-Filing rule                 submit a request for hearing or petition
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                                                  organization at CGS.                                    (72 FR 49139, August 28, 2007, as                     for leave to intervene. Submissions
                                                     1. Based on the results of the                       amended at 77 FR 46562, August 3,                     should be in Portable Document Format
                                                  assessment, Energy Northwest will                       2012), which is codified in pertinent                 (PDF) in accordance with NRC guidance
                                                  incorporate recommended actions from                    part at 10 CFR part 2, subpart C. The E-              available on the NRC’s public Web site
                                                  the assessment into its corrective action               Filing process requires participants to               at http://www.nrc.gov/site-help/e-
                                                  program, as appropriate.                                submit and serve all adjudicatory                     submittals.html. A filing is considered
                                                     2. A copy of the completed                           documents over the internet, or in some               complete at the time the documents are
                                                  assessment will be made available for                   cases to mail copies on electronic                    submitted through the NRC’s E-Filing


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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                          61499

                                                  system. To be timely, an electronic                     a participant or party to use E-Filing if             NUCLEAR REGULATORY
                                                  filing must be submitted to the E-Filing                the presiding officer subsequently                    COMMISSION
                                                  system no later than 11:59 p.m. Eastern                 determines that the reason for granting
                                                  Time on the due date. Upon receipt of                   the exemption from use of E-Filing no                 Advisory Committee on Reactor
                                                  a transmission, the E-Filing system                     longer exists.                                        Safeguards (ACRS); Meeting of the
                                                  time-stamps the document and sends                                                                            ACRS Subcommittee on Structural
                                                                                                             Documents submitted in adjudicatory                Analysis; Notice of Meeting
                                                  the submitter an email notice
                                                  confirming receipt of the document. The                 proceedings will appear in NRC’s
                                                                                                          electronic hearing docket, which is                     The ACRS Subcommittee on
                                                  E-Filing system also distributes an email
                                                                                                          available to the public at http://                    Structural Analysis will hold a meeting
                                                  notice that provides access to the
                                                  document to the NRC’s Office of the                     ehd1.nrc.gov/ehd/, unless excluded                    on October 23, 2015, Room T–2B1,
                                                  General Counsel and any others who                      pursuant to an order of the Commission                11545 Rockville Pike, Rockville,
                                                  have advised the Office of the Secretary                or the presiding officer. Participants are            Maryland.
                                                                                                          requested not to include personal                       The entire meeting will be open to
                                                  that they wish to participate in the
                                                  proceeding, so that the filer need not                  privacy information, such as social                   public attendance.
                                                                                                                                                                  The agenda for the subject meeting
                                                  serve the documents on those                            security numbers, home addresses, or
                                                                                                                                                                shall be as follows:
                                                  participants separately. Therefore,                     home phone numbers in their filings,
                                                  applicants and other participants (or                   unless an NRC regulation or other law                 Friday, October 23, 2015—8:30 a.m.
                                                  their counsel or representative) must                   requires submission of such                           until 5:00 p.m.
                                                  apply for and receive a digital ID                      information. With respect to                             The Subcommittee will review and
                                                  certificate before a hearing request/                   copyrighted works, participants are                   discuss treatment of uncertainties in
                                                  petition to intervene is filed so that they             requested not to include copyrighted                  probabilistic seismic hazard analysis.
                                                  can obtain access to the document via                   materials in their submission, except for             The Subcommittee will hear
                                                  the E-Filing system.                                    limited excerpts that serve the purpose
                                                     A person filing electronically using                                                                       presentations by and hold discussions
                                                                                                          of the adjudicatory filings and would                 with the NRC staff and other interested
                                                  the NRC’s adjudicatory E-Filing system
                                                  may seek assistance by contacting the                   constitute a Fair Use application.                    persons regarding this matter. The
                                                  NRC Electronic Filing Help Desk                            If a person other the Energy                       Subcommittee will gather information,
                                                  through the ‘‘Contact Us’’ link located                 Northwest requests a hearing, that                    analyze relevant issues and facts, and
                                                  on the NRC’s Web site at http://                        person shall set forth with particularity             formulate proposed positions and
                                                  www.nrc.gov/site-help/e-                                the manner in which his interest is                   actions, as appropriate, for deliberation
                                                  submittals.html, by email at                                                                                  by the Full Committee.
                                                                                                          adversely affected by this Confirmatory
                                                  MSHD.Resource@nrc.gov, or by a toll-                                                                             Members of the public desiring to
                                                                                                          Order and shall address the criteria set
                                                  free call to 866–672–7640. The NRC                                                                            provide oral statements and/or written
                                                                                                          forth in 10 CFR 2.309(d) and (f).                     comments should notify the Designated
                                                  Electronic Filing Help Desk is available
                                                  between 8 a.m. and 8 p.m., Eastern                         If a hearing is requested by a person              Federal Official (DFO), Christopher
                                                  Time, Monday through Friday,                            whose interest is adversely affected, the             Brown (Telephone 301–415–7111 or
                                                  excluding government holidays.                          Commission will issue a separate order                Email: Christopher.Brown@nrc.gov) five
                                                     Participants who believe that they                   designating the time and place of any                 days prior to the meeting, if possible, so
                                                  have a good cause for not submitting                    hearings, as appropriate. If a hearing is             that appropriate arrangements can be
                                                  documents electronically must file an                   held, the issue to be considered at such              made. Thirty-five hard copies of each
                                                  exemption request, in accordance with                   hearing shall be whether this                         presentation or handout should be
                                                  10 CFR 2.302(g), with their initial paper               Confirmatory Order should be                          provided to the DFO thirty minutes
                                                  filing requesting authorization to                      sustained.                                            before the meeting. In addition, one
                                                  continue to submit documents in paper                                                                         electronic copy of each presentation
                                                                                                             In the absence of any request for
                                                  format. Such filings must be submitted                                                                        should be emailed to the DFO one day
                                                                                                          hearing, or written approval of an                    before the meeting. If an electronic copy
                                                  by: (1) first class mail addressed to the
                                                                                                          extension of time in which to request a               cannot be provided within this
                                                  Office of the Secretary of the
                                                                                                          hearing, the provisions specified in                  timeframe, presenters should provide
                                                  Commission, U.S. Nuclear Regulatory
                                                  Commission, Washington, DC 20555–                       Section V above shall be effective and                the DFO with a CD containing each
                                                  0001, Attention: Rulemaking and                         final 30 days after the issuance date of              presentation at least 30 minutes before
                                                  Adjudications Staff; or (2) courier,                    this Confirmatory Order without further               the meeting. Electronic recordings will
                                                  express mail, or expedited delivery                     order or proceedings. If an extension of              be permitted only during those portions
                                                  service to the Office of the Secretary,                 time for requesting a hearing has been                of the meeting that are open to the
                                                  Sixteenth Floor, One White Flint North,                 approved, the provisions specified in                 public. Detailed procedures for the
                                                  11555 Rockville Pike, Rockville,                        Section V shall be final when the                     conduct of and participation in ACRS
                                                  Maryland, 20852, Attention:                             extension expires if a hearing request                meetings were published in the Federal
                                                  Rulemaking and Adjudications Staff.                     has not been received.                                Register on October 1, 2014 (79 FR
                                                  Participants filing a document in this                    Dated this 28th day of September 2015.              59307).
                                                  manner are responsible for serving the                                                                           Detailed meeting agendas and meeting
                                                                                                            For the Nuclear Regulatory Commission.              transcripts are available on the NRC
                                                  document on all other participants.
                                                                                                            Marc L. Dapas
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Filing is considered complete by first-                                                                       Web site at http://www.nrc.gov/reading-
                                                  class mail as of the time of deposit in                   Regional Administrator                              rm/doc-collections/acrs. Information
                                                  the mail, or by courier, express mail, or               [FR Doc. 2015–26046 Filed 10–9–15; 8:45 am]           regarding topics to be discussed,
                                                  expedited delivery service upon                         BILLING CODE 7590–01–P                                changes to the agenda, whether the
                                                  depositing the document with the                                                                              meeting has been canceled or
                                                  provider of the service. A presiding                                                                          rescheduled, and the time allotted to
                                                  officer, having granted an exemption                                                                          present oral statements can be obtained
                                                  request from using E-Filing, may require                                                                      from the Web site cited above or by


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Document Created: 2018-02-27 08:48:25
Document Modified: 2018-02-27 08:48:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionConfirmatory order; issuance.
DatesThe confirmatory order was issued to the licensee on September 28, 2015. The effective date is October 28, 2015.
ContactRichard Guzman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1030, email: [email protected]
FR Citation80 FR 61495 

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