81 FR 53169 - Confirmatory Order; In the Matter of AREVA, Inc.

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range		53169-53173
FR Document		2016-19105
The U.S. Nuclear Regulatory Commission (NRC) issued a confirmatory order (Order) to AREVA, Inc. (AREVA), confirming the agreement reached in an Alternative Dispute Resolution mediation session held on June 13, 2016. This Order will resolve the issues that were identified during an NRC records review related to AREVA's export of nuclear components and equipment.
Federal Register, Volume 81 Issue 155 (Thursday, August 11, 2016)
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53169-53173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19105]


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NUCLEAR REGULATORY COMMISSION

[EA-16-016; NRC-2016-0163]


Confirmatory Order; In the Matter of AREVA, Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a 
confirmatory order (Order) to AREVA, Inc. (AREVA), confirming the 
agreement reached in an Alternative Dispute Resolution mediation 
session held on June 13, 2016. This Order will resolve the issues that 
were identified during an NRC records review related to AREVA's export 
of nuclear components and equipment.

DATES: The confirmatory order was issued on August 4, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0163 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-2016-0163. 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 is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     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: Robert Fretz, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; 
telephone: 301-415-1980, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 4th day of August 2016.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.

United States of America

Nuclear Regulatory Commission

In the Matter of AREVA, Inc. EA-16-016

Confirmatory Order (Effective Upon Issuance)

I

    AREVA, Inc. (AREVA) is a multinational corporation specializing in 
nuclear power and renewable energy services, including the export of 
reactor components under Part 110 of title 10 of the Code of Federal 
Regulations (10 CFR). AREVA's headquarters is located in Charlotte, 
North Carolina.
    This Confirmatory Order (CO) is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on June 13, 2016.

II

    On September 9, 2015, AREVA met with representatives from the NRC's 
Office of Nuclear Material Safety and Safeguards (NMSS) to discuss 
licensee responsibilities under the Protocol Additional to the 
Agreement between the United States of America and the International 
Atomic Energy Agency for the Application of Safeguards in the United 
States of America (hereinafter referred to as the Additional Protocol). 
During the meeting, AREVA officials informed NMSS representatives that 
AREVA may have exported reactor components to other countries without 
making the notifications required by the Additional Protocol and the 
NRC's regulations in 10 CFR 110.54(a)(1). Subsequently, AREVA conducted 
a review of its export activities, and later notified the NRC that it 
had exported zirconium tubes between June 1, 2009, and March 18, 2015, 
some of which went to nuclear power plants located in Taiwan, and that 
it had exported a reactor coolant pump (RCP) to France on July 25, 
2014. On October 29, 2015, AREVA provided the required export 
notifications to the U.S. Department of Commerce (DOC), and on November 
3, 2015, this information was provided to the NRC (NRC's Agencywide 
Documents Access and Management System (ADAMS) Accession No. 
ML16056A349).
    Section 110.54(a)(1) of 10 CFR states, in part, that reports of 
exports of nuclear facilities and equipment shipped during the previous 
quarter must be made by licensees making exports under the general 
license or specific license in 10 CFR part 110 by January 15, April 15, 
July 15, and October 15 of each year on DOC/NRC Forms AP-M or AP-13, 
and associated forms. In accordance with 10 CFR 110.54(a)(2), these 
required reports must be submitted to the DOC, Bureau of Industry and 
Security. The reports must contain information on all nuclear 
facilities, equipment, and non-nuclear materials listed in Annex II of 
the Additional Protocol.
    Between June 2009 and March 2015, AREVA failed to report exports 
under the general license and specific license in 10 CFR part 110 of 
nuclear equipment shipped during the previous quarter. Specifically, 
AREVA exported nuclear reactor equipment and components from the United 
States including components described in paragraphs (4), (5), (6), and 
(7) of Appendix A to 10 CFR part 110 and failed to submit quarterly 
reports to the NRC and DOC as noted by the following examples:

1. On June 1, 2009, AREVA exported zircalloy boiling water reactor fuel 
channels to a nuclear power plant located in Taiwan.
2. On April 26, 2012, AREVA exported zirconium tubes designed and 
prepared for use as fuel cladding to CEZUS in France.
3. On December 3, 2013, AREVA exported inert zircalloy fuel rods 
designed and prepared for use as fuel cladding to a nuclear power plant 
located in Taiwan.
4. On February 20, 2014, AREVA exported zirconium fuel assembly guide 
tubes to CEZUS in France.
5. On March 18, 2015, AREVA exported zirconium tubes designed and 
prepared for use as fuel cladding to GDE-SA (a fuel recycler) in 
France.
6. On July 25, 2014, AREVA exported an RCP (without motor), especially 
designed and prepared for circulation of the primary coolant

[[Page 53170]]

in a nuclear reactor, to Jeumont in France.

    Reactor coolant pumps, reactor pressure tubes, fuel channels, 
zirconium tubes designed and prepared for use as fuel cladding, and 
zirconium fuel assembly guide tubes are nuclear reactor equipment and 
components described in paragraphs (4), (5), (6), and (7) of Appendix A 
to 10 CFR part 110, and are listed in Annex II of the Additional 
Protocol. France and Taiwan are also listed in 10 CFR 110.26(b) as 
approved destinations for the export of nuclear reactor components 
under a general license. As such, AREVA was required by 10 CFR 
110.54(a)(1) to submit quarterly export reports to the DOC, Bureau of 
Industry and Security.
    NRC staff reviewed the export notifications submitted on November 
3, 2015, and during this review, identified a second apparent violation 
regarding the export of an RCP (without motor) to France without a 
specific license authorizing the export (as listed in example 6 above). 
Section 110.5 of 10 CFR states, in part, that no person may export any 
nuclear equipment listed in 10 CFR 110.8 unless authorized by a general 
or specific license issued under 10 CFR part 110. Section 110.20(a) of 
10 CFR states that a person may use an NRC general license as authority 
to export or import nuclear equipment or material, if the nuclear 
equipment or material to be exported or imported is covered by the NRC 
general licenses described in Sec.  110.21 through 110.27. If an export 
or import is not covered by an NRC general license, a person must file 
an application for a specific license in accordance with Sec.  110.31 
through 32.
    On July 25, 2014, AREVA exported nuclear equipment listed in 10 CFR 
110.8 to France that was not authorized by a general license and 
without filing an application for a specific license in accordance with 
Sec.  110.31 through 32. In its annual report of exports required by 10 
CFR 110.54(c), dated January 16, 2015 (non-public), AREVA stated that 
it had exported an ``RCP'' under the 10 CFR 110.26 general license. 
AREVA inappropriately keyed the component to paragraph (9) of Appendix 
A to 10 CFR part 110, ``Illustrative List of Nuclear Reactor Equipment 
under NRC Export Licensing Authority.'' However, reactor primary 
coolant pumps are described in paragraph (4) of Appendix A to 10 CFR 
part 110 and are, therefore, not permitted to be exported under the NRC 
general license in 10 CFR 110.26.
    On April 21, 2016, the NRC issued a letter to AREVA that detailed 
the results of the NRC's findings, as described above, and outlined two 
apparent violations (ADAMS Accession No. ML16110A402). The apparent 
violation involved (1) the failure to make quarterly reports of the 
export of nuclear reactor components subject to the Additional Protocol 
and as required by the NRC's regulations; and (2) the export of an RCP 
(without motor) to France without a specific license authorizing the 
export.
    The first apparent violation impacted the U.S. Government's ability 
to comply with international obligations for reporting certain exports 
under the Additional Protocol. The second apparent violation raised 
significant regulatory concerns because an RCP is considered a ``major 
reactor component'' and requires the highest level of review under the 
Atomic Energy Act of 1954, as amended, and 10 CFR part 110. 
Specifically, the export of an RCP would require a NRC Commission-level 
review and solicitation of U.S. Executive Branch views including 
government-to-government assurances from EURATOM in accordance with the 
Agreement for Cooperation in the Peaceful Uses of Nuclear Energy 
between the European Atomic Energy Community and the United States of 
America (commonly referred to as the Section 123 Agreement). AREVA's 
failure to apply for and receive an export license significantly 
impacted the NRC's regulatory process.
    In the April 21, 2016, letter the NRC offered AREVA the opportunity 
to: (1) request a Predecisional Enforcement Conference (PEC) or (2) 
request an ADR. In response to the NRC's letter, AREVA requested to use 
the NRC's ADR process. On June 13, 2016, AREVA and the NRC met in an 
ADR session mediated by a professional mediator, arranged through 
Cornell University's Institute on Conflict Resolution. The ADR process 
is one 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 CO is issued pursuant to the 
agreement reached during the ADR process.

III

    During the ADR session, AREVA and the NRC reached a preliminary 
settlement agreement. The elements of the agreement included corrective 
actions that AREVA stated were completed as described below and future 
actions as follows:
Completed Corrective Actions
1. AREVA provided quarterly reports to the NRC via the DOC for export 
reports of reactor equipment and components for calendar years 2009 
through 2015.
Future AREVA Actions

Communications

1. AREVA will submit an article, reviewed by AREVA's General Counsel 
and Export Control Officer, to be included in the quarterly Nuclear 
Materials Management and Safeguards Systems (NMMSS) newsletter.
    a. Within 60 calendar days from the date of the CO, AREVA will 
submit a draft of the article to the Director, Office of Enforcement, 
for review and approval.
    b. The article will summarize the existence of NRC import/export 
requirements, emphasizing the importance of specific and general 
license requirements under 10 CFR part 110, including the reporting 
requirements.
    c. The article will also include lessons-learned regarding EA-16-
016.
    d. Within 15 calendar days of the NRC's receipt of the draft 
article submitted by AREVA, the NRC will provide its comments, if any, 
to AREVA and approve the article.
    e. AREVA will incorporate any NRC comments into the article.
    f. The NRC will publish the article in the next quarterly 
newsletter.
2. AREVA will conduct a presentation, as outlined below, at the NMMSS 
Annual Users Conference to be held in May 2017.
    a. At least 30 calendar days prior to the conference, AREVA will 
submit its draft presentation to the NRC.
    b. The presentation will summarize the existence of NRC import/
export requirements, emphasizing the importance of specific and general 
license requirements under 10 CFR part 110, including the reporting 
requirements.
    c. The presentation will also include lessons-learned regarding EA-
16-016.
    d. Within 15 calendar days of the NRC's receipt of the draft 
presentation submitted by AREVA, the NRC will provide its comments, if 
any, to AREVA and approve the presentation.
    e. AREVA will incorporate any NRC comments into the presentation.
3. By the end of calendar year 2016, AREVA will offer to discuss and 
exchange views on the lessons-learned regarding EA-16-016 with 
Westinghouse Electric Company, General Electric-Hitachi, and Urenco 
USA, during a conference

[[Page 53171]]

call or a meeting. Significant observations from the discussions should 
be incorporated into the presentation outlined in paragraph 2 above.

Work Processes

4. Within 12 months, AREVA will develop and/or update written 
procedures related to NRC requirements contained in 10 CFR parts 75 and 
110. These written procedures will include a corporate focus and apply 
to all AREVA facilities.

Training

5. Within 60 calendar days, AREVA will conduct training with management 
and staff responsible for the import/export activities within AREVA to 
outline the requirements contained in 10 CFR parts 75 and 110, and to 
emphasize and reinforce NRC compliance expectations. AREVA will 
maintain documentation of management and staff that attended such 
training.
6. AREVA will provide annual refresher training for management and 
staff responsible for the import/export activities including training 
on any developed or updated written procedures referred to in paragraph 
4. AREVA will maintain documentation of management and staff that 
attended such training.
7. AREVA will provide initial training for new management and staff 
responsible for import/export activities, including training on any 
developed or updated written procedures referred to in paragraph 4. 
AREVA will maintain documentation of management and staff that attended 
such training.

Audits

8. No later than 60 calendar days following the development of the 
procedures described in paragraph 4, AREVA will engage an independent 
third-party consultant to conduct a review and provide a written 
assessment of AREVA's written import/export compliance program and 
training activities. Within 30 calendar days of the receipt of the 
final audit report, AREVA will share the consultant's written 
assessment, which may include recommendations or suggestions for 
improvement, with the NRC. The consultant will possess NRC regulatory 
experience. AREVA's submission of the first audit report to the NRC 
shall in no event be later than 2 years from the issuance of the CO.
9. Following the initial audit, the audits will continue on an annual 
basis. Within 30 calendar days of the receipt of the annual audit 
report, AREVA will share the consultant's written assessment, which may 
include recommendations or suggestions for improvement, with the NRC. 
After the third annual audit, upon request by AREVA and a showing of 
good cause, the Director, Office of Enforcement, shall rescind the 
audit requirements.

AREVA Annual Report

10. Concurrently with the submission of the initial audit report 
discussed in paragraph 8 and annually thereafter, AREVA will submit to 
the Director, Office of Enforcement, an annual letter confirming its 
compliance with the CO and providing relevant details demonstrating 
such compliance. After the fourth submission of the compliance letter, 
upon request by AREVA and a showing of good cause, the Director, Office 
of Enforcement, shall rescind the compliance letter requirement.

Safety Culture

11. Within 60 calendar days of issuance of the CO, AREVA will provide 
to the Director, Office of Enforcement, AREVA's written policies, 
procedures, and other information relating to AREVA's safety culture 
including, but not limited to, safety conscious work environment, 
employee concerns, and its corrective action program for NRC review and 
comment.

General

12. The NRC agrees not to pursue further enforcement action in 
connection with its April 21, 2016, letter to AREVA.
13. In consideration of the commitments above, the NRC agrees to 
refrain from imposing a civil penalty or issuing a Notice of Violation.
14. The CO will constitute an escalated enforcement action.
15. Additionally, the CO resulting from this ADR will correct and 
document incorrect information in the NRC's April 21, 2016, letter to 
AREVA.
16. AREVA's successor in interest will be bound by the terms and 
conditions set forth in the CO.
17. Unless otherwise specified, all dates are from the date of issuance 
of the CO.
18. Unless otherwise specified, all documents required to be submitted 
to the NRC will be sent to: Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852-2783, with a copy to the Director, Office of 
International Programs, NRC.

    On July 29, 2016, AREVA consented to issuing this Order with the 
commitments, as described in Section V below (ADAMS Accession No. 
ML16176A139). AREVA further agreed that this Order is to be effective 
upon issuance and that it has waived its right to a hearing.

IV

    Because AREVA has agreed to take additional actions to address NRC 
concerns, as set forth in Section III above, the NRC has concluded that 
its concerns can be resolved through issuance of this CO.
    I find that AREVA'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 
AREVA's commitments be confirmed by this Order. Based on the above and 
AREVA's consent, this CO is effective upon issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 110, IT IS HEREBY ORDERED, 
EFFECTIVE UPON ISSUANCE, THAT AREVA COMPLETE THE FOLLOWING ACTIONS:

Communications

1. AREVA will submit an article, reviewed by AREVA's General Counsel 
and Export Control Officer, to be included in the quarterly NMMSS 
newsletter.
    a. Within 60 calendar days from the date of the CO, AREVA will 
submit a draft of the article to the Director, Office of Enforcement, 
for review and approval.
    b. The article will summarize the existence of NRC import/export 
requirements, emphasizing the importance of specific and general 
license requirements under 10 CFR part 110, including the reporting 
requirements.
    c. The article will also include lessons-learned regarding EA-16-
016.
    d. Within 15 calendar days of the NRC's receipt of the draft 
article submitted by AREVA, the NRC will provide its comments, if any, 
to

[[Page 53172]]

AREVA and approve the article.
    e. AREVA will incorporate any NRC comments into the article.
    f. The NRC will publish the article in the next quarterly 
newsletter.
2. AREVA will conduct a presentation, as outlined below, at the NMMSS 
Annual Users Conference to be held in May 2017.
    a. At least 30 calendar days prior to the conference, AREVA will 
submit its draft presentation to the NRC.
    b. The presentation will summarize the existence of NRC import/
export requirements, emphasizing the importance of specific and general 
license requirements under 10 CFR part 110, including the reporting 
requirements.
    c. The presentation will also include lessons-learned regarding EA-
16-016.
    d. Within 15 calendar days of the NRC's receipt of the draft 
presentation submitted by AREVA, the NRC will provide its comments, if 
any, to AREVA and approve the presentation.
    e. AREVA will incorporate any NRC comments into the presentation.
3. By the end of calendar year 2016, AREVA will offer to discuss and 
exchange views on the lessons-learned regarding EA-16-016 with 
Westinghouse Electric Company, General Electric-Hitachi, and Urenco 
USA, during a conference call or a meeting. Significant observations 
from the discussions should be incorporated into the presentation 
outlined in paragraph 2 above.

Work Processes

4. Within 12 months, AREVA will develop and/or update written 
procedures related to NRC requirements contained in 10 CFR parts 75 and 
110. These written procedures will include a corporate focus and apply 
to all AREVA facilities.

Training

5. Within 60 calendar days, AREVA will conduct training with management 
and staff responsible for the import/export activities within AREVA to 
outline the requirements contained in 10 CFR parts 75 and 110, and to 
emphasize and reinforce NRC compliance expectations. AREVA will 
maintain documentation of management and staff that attended such 
training.
6. AREVA will provide annual refresher training for management and 
staff responsible for the import/export activities including training 
on any developed or updated written procedures referred to in paragraph 
4. AREVA will maintain documentation of management and staff that 
attended such training.
7. AREVA will provide initial training for new management and staff 
responsible for the import/export activities including training on any 
developed or updated written procedures referred to in paragraph 4. 
AREVA will maintain documentation of management and staff that attended 
such training.

Audits

8. No later than 60 calendar days following the development of the 
procedures described in paragraph 4, AREVA will engage an independent 
third-party consultant to conduct a review and provide a written 
assessment of AREVA's written import/export compliance program and 
training activities. Within 30 calendar days of the receipt of the 
final audit report, AREVA will share the consultant's written 
assessment, which may include recommendations or suggestions for 
improvement, with the NRC. The consultant will possess NRC regulatory 
experience. AREVA's submission of the first audit report to the NRC 
shall in no event be later than 2 years from the issuance of the CO.
9. Following the initial audit, the audits will continue on an annual 
basis. Within 30 calendar days of the receipt of the annual audit 
report, AREVA will share the consultant's written assessment, which may 
include recommendations or suggestions for improvement, with the NRC. 
After the third annual audit, upon request by AREVA and a showing of 
good cause, the Director, Office of Enforcement shall rescind the audit 
requirements.

AREVA Annual Report

10. Concurrently with the submission of the initial audit report 
discussed in paragraph 8 and annually thereafter, AREVA will submit to 
the Director, Office of Enforcement, an annual letter confirming its 
compliance with the CO and providing relevant details demonstrating 
such compliance. After the fourth submission of the compliance letter, 
upon request by AREVA and a showing of good cause, the Director, OE 
shall rescind the compliance letter requirement.

Safety Culture

11. Within 60 calendar days of issuance of the CO, AREVA will provide 
to the Director, Office of Enforcement, AREVA's written policies, 
procedures, and other information relating to AREVA's safety culture 
including, but not limited to, safety conscious work environment, 
employee concerns, and its corrective action program for NRC review and 
comment.
    In the event of the transfer of ownership of AREVA to another 
entity, the terms and conditions set forth hereunder shall continue to 
apply to the new entity and accordingly survive any transfer of 
ownership.
    Unless otherwise specified, all dates are from the date of issuance 
of the CO.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by AREVA of good 
cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this CO, other than AREVA, may request a hearing 
within 30 calendar days of the date of issuance of this CO. Where good 
cause is shown, consideration will be given to extending the time to 
request a hearing. A request for extension of time must be made in 
writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, and include a statement of good cause 
for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007, as amended at 77 FR 46562, August 3, 2012). 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

[[Page 53173]]

at (301) 415-1677, to request (1) a digital identification (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. In order to 
serve documents through the Electronic Information Exchange System 
(EIE), users will be required to install a Web browser plug-in from the 
NRC Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene through the EIE System. 
Submissions should be in Portable Document Format (PDF) in accordance 
with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the documents are submitted through the NRC's E-
Filing system. To be timely, an electronic filing must be submitted to 
the E-Filing system no later than 11:59 p.m. Eastern Time on the due 
date. Upon receipt of a transmission, the E-Filing system time-stamps 
the document and sends the submitter an 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 Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the documents on those participants separately. Therefore, 
applicants and other participants (or their counsel or representative) 
must apply for and receive a digital ID certificate before a hearing 
request/petition to intervene is filed so that they can obtain access 
to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Electronic Filing Help Desk is available between 9 a.m. and 7 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 
stating why there is good cause for not filing electronically and 
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, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a person (other than AREVA) requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this CO and shall address the criteria set forth 
in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this CO should be sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days from the date of 
this CO without further order or proceedings. If an extension of time 
for requesting a hearing has been approved, the provisions specified in 
Section V shall be final when the extension expires if a hearing 
request has not been received.

    Dated at Rockville, Maryland, this 4th day of August 2016.

    For the Nuclear Regulatory Commission,

Patricia K. Holahan,
Director Office of Enforcement.
[FR Doc. 2016-19105 Filed 8-10-16; 8:45 am]
 BILLING CODE 7590-01-P
Document Created: 2018-02-09 11:27:38
Document Modified: 2018-02-09 11:27:38
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Confirmatory order; issuance.
Dates		The confirmatory order was issued on August 4, 2016.
Contact		Robert Fretz, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; telephone: 301-415-1980, email: [email protected]
FR Citation		81 FR 53169