81_FR_54286 81 FR 54129 - In the Matter of Plus, LLC

81 FR 54129 - In the Matter of Plus, LLC

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range54129-54131
FR Document2016-19359

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Imposition Order to Plus, LLC, imposing a civil penalty of $21,000. On May 3, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty--$42,000 to Plus, LLC, for failing to comply with regulatory requirements regarding the import, possession, and distribution of watches containing byproduct material (hydrogen-3).

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54129-54131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19359]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 030-38874 and 030-38780; EA-13-190; NRC-2016-0170]


In the Matter of Plus, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Imposition order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Imposition Order to Plus, LLC, imposing a civil penalty of $21,000. On 
May 3, 2016, the NRC issued a Notice of Violation and Proposed 
Imposition of Civil Penalty--$42,000 to Plus, LLC, for failing to 
comply with regulatory requirements regarding the import, possession, 
and distribution of watches containing byproduct material (hydrogen-3).

DATES: The Imposition Order was issued on August 8, 2016

ADDRESSES: Please refer to Docket ID NRC-2016-0170 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-2016-0170. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this 
Imposition 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: Leelavathi Sreenivas, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1285, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Imposition Order is 
attached.

    Dated at Rockville, Maryland, this 8th 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 Plus, LLC; Stamford, Connecticut
Docket Nos. 030-38874 and 030-38780
License Nos. 06-35274-01E and 06-35183-01
EA-13-190

ORDER IMPOSING CIVIL MONETARY PENALTY

I

    Plus, LLC (Plus or the Licensee), is the holder of Materials 
License No.06-35183-01 issued by the U.S. Nuclear Regulatory 
Commission (NRC) on April 23, 2015, pursuant to Part 30 of Title 10 
of the Code of Federal Regulations (10 CFR). The license authorizes 
the licensee to possess material at its facility located in 
Stamford, Connecticut, in accordance with the conditions specified 
therein. Under 10 CFR 110.27, the Licensee is granted a general 
license to import in accordance with the conditions specified in the 
regulations. The Licensee is also the holder of Materials License 
No. 06-35274-01E issued by the NRC on December 2, 2015. The license 
authorizes the Licensee to distribute material in accordance with 
the conditions specified therein. At the time of the initiation of 
the violations, Plus, LLC, did not have any specific licenses issued 
by the NRC or an Agreement State for activities involving the 
import, possession, or distribution of byproduct material.

II

    Two investigations were initiated by the NRC Office of 
Investigations (OI), on October 18, 2013, and April 8, 2015. The 
results of these investigations indicated that Plus was conducting 
activities that were not in compliance with the NRC's requirements, 
specifically, without the required licensing for such activities. A 
written Notice of Violation and Proposed Imposition of Civil Penalty 
(Notice) was served upon Plus by letter dated May 3, 2016 (ADAMS 
Accession No. ML16071A111). The Notice states the nature of the 
violations, the provisions of the NRC's requirements that Plus 
violated, and the amount of the civil penalty proposed for the 
violations.
    Plus responded to the Notice in a letter dated May 10, 2016 
(ADAMS Accession No. ML16215A481). In its response, the Licensee did 
not deny the facts involving the violations, but did request 
mitigation of the severity level of the violations and the proposed 
civil penalty amount.

III

    After consideration of the Licensee's response and the 
statements of fact, explanation, and argument for mitigation 
contained therein, the NRC staff has determined, as set forth in the 
Appendix to this Order that these violations occurred, as stated, 
and that adequate basis does not exist for mitigation of the 
severity level. The NRC also determined that an adequate basis was 
provided by the Licensee for mitigation of the proposed civil 
penalty amount. Consequently, based on the small entity status of 
the Licensee, a reduced civil penalty in the amount of $21,000 
should be imposed.

IV

    In view of the foregoing and pursuant to Section 234 of the 
Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 
CFR 2.205, IT IS HEREBY ORDERED THAT:
    The Licensee shall pay a civil penalty in the amount of $21,000 
within 30 days of the issuance date of this Order, in accordance 
with NUREG/BR-0254, ``Payment Methods'' (see http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0254/). In addition, 
at the time payment is made, the Licensee shall submit a statement 
indicating when and by what method payment was made, to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-
2738.

V

    In accordance with 10 CFR 2.205(d), the Licensee and any other 
person adversely

[[Page 54130]]

affected by this Order may request a hearing on this Order within 30 
days of the issuance date of this Order. Where good cause is shown, 
consideration will be given to extending the time to answer or 
request a hearing. A request for extension of time must be directed 
to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, and include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion 
or other document filed in the proceeding prior to the submission of 
a request for hearing or petition to intervene, and documents filed 
by interested governmental entities participating under 10 CFR 
2.315(c), must be filed in accordance with the NRC's E-Filing rule 
(72 FR 49139, August 28, 2007, as amended 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 at 301-415-1677, to (1) 
request 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 to the NRC,'' which is available on the 
agency's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request 
for hearing or petition for leave to intervene. Submissions should 
be in Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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'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 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'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 1-866-672-
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 Plus, LLC, requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is 
adversely affected, the Commission will issue an order designating 
the time and place of any hearing. If a hearing is held, the issue 
to be considered at such hearing shall be whether this Order should 
be sustained.
    In the absence of any request for a hearing or alternative 
dispute resolution (ADR), or written approval of an extension of 
time in which to request a hearing or ADR, the provisions specified 
in Section IV above shall be final 30 days from the issuance date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing or ADR has been approved, the 
provisions specified in Section IV shall be final when the extension 
expires if a hearing or ADR request has not been received. If ADR is 
requested, the provisions specified in Section IV shall be final 
upon termination of an ADR process that did not result in issuance 
of an order.

    Dated at Rockville, Maryland, this 8th day of August, 2016.

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

Appendix to Imposition Order

Evaluations and Conclusion of Licensee Request for Mitigation

    On May 3, 2016, the U.S. Nuclear Regulatory Commission (NRC) 
issued a Notice of Violation and Proposed Imposition of Civil 
Penalty (Notice) for violations identified during the NRC 
investigations and records review. Plus, LLC (Licensee), responded 
to the Notice on May 10, 2016.
    The Licensee did not deny the facts involving the violations, 
however, the Licensee did request mitigation of the severity level 
of the violations and the proposed civil penalty amount. The NRC's 
evaluation and conclusion regarding the Licensee's requests are as 
follows:
    1. Summary of Licensee's Request to Mitigate Severity Level:
    The Licensee stated that there was no actual ``moderate safety 
or security consequences'' because there was no contamination found 
at the Licensee facility in an inspection conducted by the NRC on 
February 10, 2016, and that the products were the same as those that 
the NRC

[[Page 54131]]

subsequently licensed for distribution by the Licensee.

NRC Evaluation of Licensee's Response to Violations

    The NRC considers these violations significant because the 
requirements in Sec.  30.3(a) of Title 10 of the Code of Federal 
Regulations (CFR) provide reasonable assurance that transfers and 
the products intended for use by unlicensed persons meet the 
applicable requirements. The failure to obtain appropriate license 
authorization to distribute these products is significant because it 
resulted in the NRC not being able to conduct its regulatory 
responsibilities to ensure that the products were safe for 
distribution to members of the general public. The fact that there 
was no actual contamination found, and that the NRC was subsequently 
able to approve the Licensee's application for possession and 
distribution licenses, is fortuitous, but does not decrease the 
importance of the regulatory requirement and NRC oversight. Also, 
the NRC considers the Licensee's actions regarding all three of the 
violations to be willful and because the NRC's regulatory programs 
rely upon the integrity of entities, applicants, and licensees to 
comply with NRC requirements, the willful violations are of 
significant concern to the NRC. Therefore, in accordance with the 
Enforcement Policy (ADAMS Accession No. ML16197A561), these 
violations are appropriately characterized as Severity Level III 
violations. Accordingly, the significance of these violations have 
been determined to remain valid as stated in the Notice.
    2. Summary of Licensee's Request for Mitigation of Civil Penalty 
Amount
    The Licensee stated that Plus, LLC, should be considered a small 
entity and that if considered a small entity then the amount of 
annual license fees that Plus, LLC, avoided over the duration of the 
violations is less than the $70,000 estimated by the NRC. The 
Licensee requested that the NRC reconsider the civil penalty amount 
proposed.

NRC Evaluation of Licensee's Request for Mitigation of Civil 
Penalty Amount

    The NRC confirmed that, on or about March 22, 2016, Plus, LLC, 
requested small entity classification by submitting an NRC Form 
526--Certification of Small Entity Status for the Purposes of Annual 
Fees Imposed under 10 CFR part 171, along with the Licensee's first 
annual fee invoice. The request was accepted by the NRC and 
therefore, Plus, LLC, is considered to be a small entity entitled to 
reduced fees under 10 CFR 171.16. Accordingly, the NRC recalculated 
the annual fees avoided assuming small entity status and determined 
that the amount of annual license fees that Plus, LLC, avoided was 
approximately $11,200. Therefore, the NRC has concluded that it will 
not escalate the base civil penalty, and will reduce the proposed 
civil penalty to $21,000 as determined by application of the NRC 
Enforcement policy.
    Conclusion:
    Based on its evaluation, the NRC has concluded that these 
violations occurred as stated, and that adequate basis does not 
exist for mitigation of the severity level of these violations. The 
NRC also concluded that the Licensee provided an adequate basis for 
mitigation of the proposed civil penalty amount. Consequently, a 
reduced civil penalty in the amount of $21,000 will be imposed.
[FR Doc. 2016-19359 Filed 8-12-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                                 54129

                                                  • Minimize the burden of the                             • Federal Rulemaking Web site: Go to               accordance with the conditions specified in
                                                collection of information on those who                  http://www.regulations.gov and search                 the regulations. The Licensee is also the
                                                are to respond, including through the                   for Docket ID NRC–2016–0170. Address                  holder of Materials License No. 06–35274–
                                                                                                                                                              01E issued by the NRC on December 2, 2015.
                                                use of appropriate automated,                           questions about NRC dockets to Carol
                                                                                                                                                              The license authorizes the Licensee to
                                                electronic, mechanical, or other                        Gallagher; telephone: 301–415–3463;                   distribute material in accordance with the
                                                technological collection techniques or                  email: Carol.Gallagher@nrc.gov. For                   conditions specified therein. At the time of
                                                other forms of information technology,                  questions about this Imposition Order,                the initiation of the violations, Plus, LLC, did
                                                e.g., permitting electronic submission of               contact the individual listed in the FOR              not have any specific licenses issued by the
                                                responses.                                              FURTHER INFORMATION CONTACT section of                NRC or an Agreement State for activities
                                                  Agency: DOL–VETS.                                     this document.                                        involving the import, possession, or
                                                  Title of Collection: Veterans’                           • NRC’s Agencywide Documents                       distribution of byproduct material.
                                                Employment and Training Service                         Access and Management System                          II
                                                Competitive Grant Programs Reporting.                   (ADAMS): You may obtain publicly-                        Two investigations were initiated by the
                                                  OMB ICR Reference Number: 201511–                     available documents online in the                     NRC Office of Investigations (OI), on October
                                                1293–001.                                               ADAMS Public Documents collection at                  18, 2013, and April 8, 2015. The results of
                                                  Affected Public: State, Local, and                    http://www.nrc.gov/reading-rm/                        these investigations indicated that Plus was
                                                Tribal Governments; Private Sector—                     adams.html. To begin the search, select               conducting activities that were not in
                                                businesses or other for-profits and not-                ‘‘ADAMS Public Documents’’ and then                   compliance with the NRC’s requirements,
                                                                                                        select ‘‘Begin Web-based ADAMS                        specifically, without the required licensing
                                                for-profit institutions.
                                                                                                                                                              for such activities. A written Notice of
                                                  Total Estimated Number of                             Search.’’ For problems with ADAMS,
                                                                                                                                                              Violation and Proposed Imposition of Civil
                                                Respondents: 882.                                       please contact the NRC’s Public                       Penalty (Notice) was served upon Plus by
                                                  Total Estimated Number of                             Document Room (PDR) reference staff at                letter dated May 3, 2016 (ADAMS Accession
                                                Responses: 2,850.                                       1–800–397–4209, 301–415–4737, or by                   No. ML16071A111). The Notice states the
                                                  Total Estimated Annual Time Burden:                   email to pdr.resource@nrc.gov. The                    nature of the violations, the provisions of the
                                                5,540 hours.                                            ADAMS accession number for each                       NRC’s requirements that Plus violated, and
                                                  Total Estimated Annual Other Costs                    document referenced (if it available in               the amount of the civil penalty proposed for
                                                Burden: $0.                                             ADAMS) is provided the first time that                the violations.
                                                                                                                                                                 Plus responded to the Notice in a letter
                                                   Authority: 44 U.S.C. 3507(a)(1)(D).                  a document is referenced.
                                                                                                                                                              dated May 10, 2016 (ADAMS Accession No.
                                                                                                           • NRC’s PDR: You may examine and                   ML16215A481). In its response, the Licensee
                                                  Dated: August 8, 2016.                                purchase copies of public documents at                did not deny the facts involving the
                                                Michel Smyth,                                           the NRC’s PDR, Room O1–F21, One                       violations, but did request mitigation of the
                                                Departmental Clearance Officer.                         White Flint North, 11555 Rockville                    severity level of the violations and the
                                                [FR Doc. 2016–19401 Filed 8–12–16; 8:45 am]             Pike, Rockville, Maryland 20852.                      proposed civil penalty amount.
                                                BILLING CODE 4510–79–P                                  FOR FURTHER INFORMATION CONTACT:                      III
                                                                                                        Leelavathi Sreenivas, Office of
                                                                                                                                                                 After consideration of the Licensee’s
                                                                                                        Enforcement, U.S. Nuclear Regulatory                  response and the statements of fact,
                                                NUCLEAR REGULATORY                                      Commission, Washington, DC 20555–                     explanation, and argument for mitigation
                                                COMMISSION                                              0001; telephone: 301–415–1285, email:                 contained therein, the NRC staff has
                                                                                                        Leelavathi.Sreenivas@nrc.gov.                         determined, as set forth in the Appendix to
                                                [Docket Nos. 030–38874 and 030–38780;                                                                         this Order that these violations occurred, as
                                                                                                        SUPPLEMENTARY INFORMATION: The text of
                                                EA–13–190; NRC–2016–0170]                                                                                     stated, and that adequate basis does not exist
                                                                                                        the Imposition Order is attached.
                                                                                                                                                              for mitigation of the severity level. The NRC
                                                In the Matter of Plus, LLC                                Dated at Rockville, Maryland, this 8th day          also determined that an adequate basis was
                                                                                                        of August, 2016.                                      provided by the Licensee for mitigation of the
                                                AGENCY:  Nuclear Regulatory                                                                                   proposed civil penalty amount.
                                                                                                          For the Nuclear Regulatory Commission.
                                                Commission.                                                                                                   Consequently, based on the small entity
                                                                                                        Patricia K. Holahan,
                                                ACTION: Imposition order; issuance.                                                                           status of the Licensee, a reduced civil penalty
                                                                                                        Director, Office of Enforcement.                      in the amount of $21,000 should be imposed.
                                                SUMMARY:    The U.S. Nuclear Regulatory                 UNITED STATES OF AMERICA NUCLEAR
                                                                                                                                                              IV
                                                Commission (NRC) is issuing an                          REGULATORY COMMISSION
                                                Imposition Order to Plus, LLC, imposing                                                                          In view of the foregoing and pursuant to
                                                                                                        In the Matter of Plus, LLC; Stamford,
                                                a civil penalty of $21,000. On May 3,                                                                         Section 234 of the Atomic Energy Act of
                                                                                                          Connecticut
                                                                                                                                                              1954, as amended (Act), 42 U.S.C. 2282, and
                                                2016, the NRC issued a Notice of                        Docket Nos. 030–38874 and 030–38780
                                                                                                                                                              10 CFR 2.205, IT IS HEREBY ORDERED
                                                Violation and Proposed Imposition of                    License Nos. 06–35274–01E and 06–35183–
                                                                                                                                                              THAT:
                                                Civil Penalty—$42,000 to Plus, LLC, for                   01
                                                                                                                                                                 The Licensee shall pay a civil penalty in
                                                failing to comply with regulatory                       EA–13–190
                                                                                                                                                              the amount of $21,000 within 30 days of the
                                                requirements regarding the import,                      ORDER IMPOSING CIVIL MONETARY                         issuance date of this Order, in accordance
                                                possession, and distribution of watches                 PENALTY                                               with NUREG/BR–0254, ‘‘Payment Methods’’
                                                containing byproduct material                                                                                 (see http://www.nrc.gov/reading-rm/doc-
                                                                                                        I                                                     collections/nuregs/brochures/br0254/). In
                                                (hydrogen-3).
                                                                                                           Plus, LLC (Plus or the Licensee), is the           addition, at the time payment is made, the
                                                DATES: The Imposition Order was issued                  holder of Materials License No.06–35183–01            Licensee shall submit a statement indicating
                                                on August 8, 2016                                       issued by the U.S. Nuclear Regulatory                 when and by what method payment was
sradovich on DSK3GMQ082PROD with NOTICES




                                                ADDRESSES: Please refer to Docket ID                    Commission (NRC) on April 23, 2015,                   made, to the Director, Office of Enforcement,
                                                NRC–2016–0170 when contacting the                       pursuant to Part 30 of Title 10 of the Code           U.S. Nuclear Regulatory Commission, One
                                                                                                        of Federal Regulations (10 CFR). The license          White Flint North, 11555 Rockville Pike,
                                                NRC about the availability of                           authorizes the licensee to possess material at        Rockville, MD 20852–2738.
                                                information regarding this document.                    its facility located in Stamford, Connecticut,
                                                You may obtain publicly-available                       in accordance with the conditions specified           V
                                                information related to this document                    therein. Under 10 CFR 110.27, the Licensee              In accordance with 10 CFR 2.205(d), the
                                                using any of the following methods:                     is granted a general license to import in             Licensee and any other person adversely



                                           VerDate Sep<11>2014   19:23 Aug 12, 2016   Jkt 238001   PO 00000   Frm 00089   Fmt 4703   Sfmt 4703   E:\FR\FM\15AUN1.SGM   15AUN1


                                                54130                        Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices

                                                affected by this Order may request a hearing            Format (PDF) in accordance with NRC                   excluded pursuant to an order of the
                                                on this Order within 30 days of the issuance            guidance available on the NRC public Web              Commission or the presiding officer.
                                                date of this Order. Where good cause is                 site at http://www.nrc.gov/site-help/                 Participants are requested not to include
                                                shown, consideration will be given to                   electronic-sub-ref-mat.html. A filing is              personal privacy information, such as social
                                                extending the time to answer or request a               considered complete at the time the                   security numbers, home addresses, or home
                                                hearing. A request for extension of time must           documents are submitted through the NRC’s             phone numbers in their filings, unless an
                                                be directed to the Director, Office of                  E-Filing system. To be timely, an electronic          NRC regulation or other law requires
                                                Enforcement, U.S. Nuclear Regulatory                    filing must be submitted to the E-Filing              submission of such information. With respect
                                                Commission, and include a statement of good             system no later than 11:59 p.m. Eastern Time          to copyrighted works, except for limited
                                                cause for the extension.                                on the due date. Upon receipt of a                    excerpts that serve the purpose of the
                                                   All documents filed in NRC adjudicatory              transmission, the E-Filing system time-               adjudicatory filings and would constitute a
                                                proceedings, including a request for hearing,           stamps the document and sends the                     Fair Use application, participants are
                                                a petition for leave to intervene, any motion           submitter an email notice confirming receipt          requested not to include copyrighted
                                                or other document filed in the proceeding               of the document. The E-Filing system also             materials in their submission.
                                                prior to the submission of a request for                distributes an email notice that provides                If a person other than Plus, LLC, requests
                                                hearing or petition to intervene, and                   access to the document to the NRC’s Office            a hearing, that person shall set forth with
                                                documents filed by interested governmental              of the General Counsel and any others who             particularity the manner in which his interest
                                                entities participating under 10 CFR 2.315(c),           have advised the Office of the Secretary that         is adversely affected by this Order and shall
                                                must be filed in accordance with the NRC’s              they wish to participate in the proceeding, so        address the criteria set forth in 10 CFR
                                                E-Filing rule (72 FR 49139, August 28, 2007,            that the filer need not serve the documents           2.309(d) and (f).
                                                as amended at 77 FR 46562, August 3, 2012).             on those participants separately. Therefore,             If a hearing is requested by a person whose
                                                The E-Filing process requires participants to           applicants and other participants (or their           interest is adversely affected, the
                                                submit and serve all adjudicatory documents             counsel or representative) must apply for and         Commission will issue an order designating
                                                over the internet, or in some cases to mail             receive a digital ID certificate before a             the time and place of any hearing. If a
                                                copies on electronic storage media.                     hearing request/petition to intervene is filed        hearing is held, the issue to be considered at
                                                Participants may not submit paper copies of             so that they can obtain access to the                 such hearing shall be whether this Order
                                                their filings unless they seek an exemption in          document via the E-Filing system.                     should be sustained.
                                                accordance with the procedures described                   A person filing electronically using the              In the absence of any request for a hearing
                                                below.                                                  agency’s adjudicatory E-Filing system may             or alternative dispute resolution (ADR), or
                                                   To comply with the procedural                        seek assistance by contacting the NRC                 written approval of an extension of time in
                                                requirements of E-Filing, at least ten (10)             Electronic Filing Help Desk through the               which to request a hearing or ADR, the
                                                days prior to the filing deadline, the                  ‘‘Contact Us’’ link located on the NRC’s Web          provisions specified in Section IV above shall
                                                participant should contact the Office of the            site at http://www.nrc.gov/site-help/e-               be final 30 days from the issuance date of this
                                                Secretary by email at hearing.docket@                   submittals.html, by email at                          Order without further order or proceedings.
                                                nrc.gov, or by telephone at 301–415–1677, to            MSHD.Resource@nrc.gov, or by a toll-free              If an extension of time for requesting a
                                                (1) request a digital identification (ID)               call to 1–866–672–7640. The NRC Electronic            hearing or ADR has been approved, the
                                                certificate, which allows the participant (or           Filing Help Desk is available between 9 a.m.          provisions specified in Section IV shall be
                                                its counsel or representative) to digitally sign        and 7 p.m., Eastern Time, Monday through              final when the extension expires if a hearing
                                                documents and access the E-Submittal server             Friday, excluding government holidays.                or ADR request has not been received. If ADR
                                                for any proceeding in which it is                          Participants who believe that they have a          is requested, the provisions specified in
                                                participating; and (2) advise the Secretary             good cause for not submitting documents               Section IV shall be final upon termination of
                                                that the participant will be submitting a               electronically must file an exemption                 an ADR process that did not result in
                                                request or petition for hearing (even in                request, in accordance with 10 CFR 2.302(g),          issuance of an order.
                                                instances in which the participant, or its              with their initial paper filing stating why              Dated at Rockville, Maryland, this 8th day
                                                counsel or representative, already holds an             there is good cause for not filing                    of August, 2016.
                                                NRC-issued digital ID certificate). Based               electronically and requesting authorization to           For the Nuclear Regulatory Commission.
                                                upon this information, the Secretary will               continue to submit documents in paper                 Patricia K. Holahan,
                                                establish an electronic docket for the hearing          format. Such filings must be submitted by: (1)
                                                in this proceeding if the Secretary has not             First class mail addressed to the Office of the       Director, Office of Enforcement.
                                                already established an electronic docket.               Secretary of the Commission, U.S. Nuclear             Appendix to Imposition Order
                                                   Information about applying for a digital ID          Regulatory Commission, Washington, DC
                                                certificate is available on NRC’s public Web            20555–0001, Attention: Rulemaking and                 Evaluations and Conclusion of Licensee
                                                site at http://www.nrc.gov/site-help/e-                 Adjudications Staff; or (2) courier, express          Request for Mitigation
                                                submittals/getting-started.html. System                 mail, or expedited delivery service to the              On May 3, 2016, the U.S. Nuclear
                                                requirements for accessing the E-Submittal              Office of the Secretary, Sixteenth Floor, One         Regulatory Commission (NRC) issued a
                                                server are detailed in NRC’s ‘‘Guidance for             White Flint North, 11555 Rockville Pike,              Notice of Violation and Proposed Imposition
                                                Electronic Submission to the NRC,’’ which is            Rockville, Maryland, 20852, Attention:                of Civil Penalty (Notice) for violations
                                                available on the agency’s public Web site at            Rulemaking and Adjudications Staff.                   identified during the NRC investigations and
                                                http://www.nrc.gov/site-help/electronic-sub-            Participants filing a document in this manner         records review. Plus, LLC (Licensee),
                                                ref-mat.html. Participants may attempt to use           are responsible for serving the document on           responded to the Notice on May 10, 2016.
                                                other software not listed on the Web site, but          all other participants. Filing is considered            The Licensee did not deny the facts
                                                should note that the NRC’s E-Filing system              complete by first-class mail as of the time of        involving the violations, however, the
                                                does not support unlisted software, and the             deposit in the mail, or by courier, express           Licensee did request mitigation of the
                                                NRC Electronic Filing Help Desk will not be             mail, or expedited delivery service upon              severity level of the violations and the
                                                able to offer assistance in using unlisted              depositing the document with the provider of          proposed civil penalty amount. The NRC’s
                                                software.                                               the service. A presiding officer, having              evaluation and conclusion regarding the
                                                   If a participant is electronically submitting        granted an exemption request from using E-            Licensee’s requests are as follows:
                                                a document to the NRC in accordance with                Filing, may require a participant or party to           1. Summary of Licensee’s Request to
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                                                the E-Filing rule, the participant must file the        use E-Filing if the presiding officer                 Mitigate Severity Level:
                                                document using the NRC’s online, Web-based              subsequently determines that the reason for             The Licensee stated that there was no
                                                submission form.                                        granting the exemption from use of E-Filing           actual ‘‘moderate safety or security
                                                   Once a participant has obtained a digital ID         no longer exists.                                     consequences’’ because there was no
                                                certificate and a docket has been created, the             Documents submitted in adjudicatory                contamination found at the Licensee facility
                                                participant can then submit a request for               proceedings will appear in NRC’s electronic           in an inspection conducted by the NRC on
                                                hearing or petition for leave to intervene.             hearing docket, which is available to the             February 10, 2016, and that the products
                                                Submissions should be in Portable Document              public at http://ehd1.nrc.gov/ehd/, unless            were the same as those that the NRC



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                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                             54131

                                                subsequently licensed for distribution by the           violations. The NRC also concluded that the           document referenced (if that document
                                                Licensee.                                               Licensee provided an adequate basis for               is available in ADAMS) is provided the
                                                                                                        mitigation of the proposed civil penalty              first time that a document is referenced.
                                                NRC Evaluation of Licensee’s Response to
                                                                                                        amount. Consequently, a reduced civil                    • NRC’s PDR: You may examine and
                                                Violations
                                                                                                        penalty in the amount of $21,000 will be
                                                   The NRC considers these violations                   imposed.
                                                                                                                                                              purchase copies of public documents at
                                                significant because the requirements in                 [FR Doc. 2016–19359 Filed 8–12–16; 8:45 am]           the NRC’s PDR, Room O1–F21, One
                                                § 30.3(a) of Title 10 of the Code of Federal            BILLING CODE 7590–01–P
                                                                                                                                                              White Flint North, 11555 Rockville
                                                Regulations (CFR) provide reasonable                                                                          Pike, Rockville, Maryland 20852.
                                                assurance that transfers and the products                                                                     FOR FURTHER INFORMATION CONTACT:
                                                intended for use by unlicensed persons meet                                                                   Robert Martin, Office of Nuclear Reactor
                                                                                                        NUCLEAR REGULATORY
                                                the applicable requirements. The failure to
                                                obtain appropriate license authorization to             COMMISSION                                            Regulation, U.S. Nuclear Regulatory
                                                distribute these products is significant                                                                      Commission, Washington DC 20555–
                                                                                                        [Docket Nos. 50–348, 50–364, 50–424, and
                                                because it resulted in the NRC not being able           50–425; NRC–2016–0169]                                0001; telephone: 301–415–1493, email:
                                                to conduct its regulatory responsibilities to                                                                 Robert.Martin@nrc.gov.
                                                ensure that the products were safe for                  Southern Nuclear Operating Company;                   SUPPLEMENTARY INFORMATION:
                                                distribution to members of the general                  Farley Nuclear Plant, Units 1 and 2,
                                                public. The fact that there was no actual                                                                     I. Background
                                                                                                        and Vogtle Electric Generating Plant,
                                                contamination found, and that the NRC was
                                                                                                        Units 1 and 2; Use of Optimized                          Southern Nuclear Operating Company
                                                subsequently able to approve the Licensee’s
                                                application for possession and distribution             ZIRLOTM Fuel Rod Cladding Material                    is the holder of Renewed Facility
                                                licenses, is fortuitous, but does not decrease                                                                Operating License Nos. NPF–2, NPF–8,
                                                                                                        AGENCY:  Nuclear Regulatory                           NPF–68, and NPF–81, which authorize
                                                the importance of the regulatory requirement
                                                                                                        Commission.                                           operation of FNP, Units 1 and 2, and
                                                and NRC oversight. Also, the NRC considers
                                                the Licensee’s actions regarding all three of           ACTION: Exemption; issuance.                          VEGP, Units 1 and 2, respectively. The
                                                the violations to be willful and because the                                                                  licenses provide, among other things,
                                                NRC’s regulatory programs rely upon the                 SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                                                                              that each facility is subject to all rules,
                                                integrity of entities, applicants, and licensees        Commission (NRC) is issuing an
                                                                                                                                                              regulations, and orders of the NRC now
                                                to comply with NRC requirements, the                    exemption in response to a March 16,
                                                                                                                                                              or hereafter in effect.
                                                willful violations are of significant concern to        2016, request from Southern Nuclear
                                                the NRC. Therefore, in accordance with the
                                                                                                                                                                 The FNP and VEGP units are
                                                                                                        Operating Company (SNC or the
                                                Enforcement Policy (ADAMS Accession No.                                                                       pressurized-water reactors located in
                                                                                                        licensee) in order to use Optimized
                                                ML16197A561), these violations are                                                                            Houston County, Alabama, and Burke
                                                                                                        ZIRLOTM fuel rod cladding material at
                                                appropriately characterized as Severity Level                                                                 County, Georgia, respectively.
                                                                                                        the Farley Nuclear Plant (FNP), Units 1
                                                III violations. Accordingly, the significance of
                                                these violations have been determined to                and 2, and the Vogtle Electric                        II. Request/Action
                                                remain valid as stated in the Notice.                   Generating Plant (VEGP), Units 1 and 2.                  Pursuant to § 50.12 title 10 of the
                                                   2. Summary of Licensee’s Request for                 DATES: The exemption was issued on                    Code of Federal Regulations (10 CFR),
                                                Mitigation of Civil Penalty Amount                      August 4, 2016.                                       ‘‘Specific exemptions,’’ the licensee has
                                                   The Licensee stated that Plus, LLC, should                                                                 requested by letter dated March 16,
                                                                                                        ADDRESSES: Please refer to Docket ID
                                                be considered a small entity and that if
                                                considered a small entity then the amount of            NRC–2016–0169 when contacting the                     2016 (ADAMS Accession No.
                                                annual license fees that Plus, LLC, avoided             NRC about the availability of                         ML16076A217), an exemption from 10
                                                over the duration of the violations is less             information regarding this document.                  CFR 50.46, ‘‘Acceptance criteria for
                                                than the $70,000 estimated by the NRC. The              You may obtain publicly-available                     emergency core cooling systems [ECCS]
                                                Licensee requested that the NRC reconsider              information related to this document                  for light-water nuclear power reactors,’’
                                                the civil penalty amount proposed.                      using any of the following methods:                   and 10 CFR part 50, appendix K, ‘‘ECCS
                                                NRC Evaluation of Licensee’s Request for                   • Federal Rulemaking Web site: Go to               Evaluation Models,’’ to allow the use of
                                                Mitigation of Civil Penalty Amount                      http://www.regulations.gov and search                 fuel rods clad with Optimized ZIRLOTM.
                                                  The NRC confirmed that, on or about                   for Docket ID NRC–2016–0169. Address                  The regulations in 10 CFR 50.46(a)
                                                March 22, 2016, Plus, LLC, requested small              questions about NRC dockets to Carol                  require that the calculated cooling
                                                entity classification by submitting an NRC              Gallagher; telephone: 301–415–3463;                   performance following postulated loss-
                                                Form 526—Certification of Small Entity                  email: Carol.Gallagher@nrc.gov. For                   of-coolant accidents (LOCAs) at reactors
                                                Status for the Purposes of Annual Fees                  technical questions, contact the                      fueled with zircaloy or ZIRLO® cladding
                                                Imposed under 10 CFR part 171, along with               individual listed in the FOR FURTHER                  conforms to the criteria set forth in 10
                                                the Licensee’s first annual fee invoice. The            INFORMATION CONTACT section of this                   CFR 50.46(b). In addition, 10 CFR part
                                                request was accepted by the NRC and                     document.                                             50, appendix K, requires, in part, that
                                                therefore, Plus, LLC, is considered to be a                • NRC’s Agencywide Documents                       the Baker-Just equation be used to
                                                small entity entitled to reduced fees under 10
                                                CFR 171.16. Accordingly, the NRC
                                                                                                        Access and Management System                          predict the rates of energy release,
                                                recalculated the annual fees avoided                    (ADAMS): You may obtain publicly-                     hydrogen generation, and cladding
                                                assuming small entity status and determined             available documents online in the                     oxidation from the metal/water reaction.
                                                that the amount of annual license fees that             ADAMS Public Documents collection at                  The Baker-Just equation assumes the use
                                                Plus, LLC, avoided was approximately                    http://www.nrc.gov/reading-rm/                        of zircaloy materials that have different
                                                $11,200. Therefore, the NRC has concluded               adams.html. To begin the search, select               chemical compositions from Optimized
                                                that it will not escalate the base civil penalty,       ‘‘ADAMS Public Documents’’ and then                   ZIRLOTM. As written, these regulations
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                                                and will reduce the proposed civil penalty to           select ‘‘Begin Web-based ADAMS                        presume only the use of zircaloy or
                                                $21,000 as determined by application of the             Search.’’ For problems with ADAMS,                    ZIRLO® fuel rod cladding and do not
                                                NRC Enforcement policy.
                                                  Conclusion:
                                                                                                        please contact the NRC’s Public                       contain provisions for use of fuel rods
                                                  Based on its evaluation, the NRC has                  Document Room (PDR) reference staff at                with other cladding materials.
                                                concluded that these violations occurred as             1–800–397–4209, 301–415–4737, or by                   Therefore, an exemption from the
                                                stated, and that adequate basis does not exist          email to pdr.resource@nrc.gov. The                    requirements of 10 CFR 50.46 and 10
                                                for mitigation of the severity level of these           ADAMS accession number for each                       CFR part 50, appendix K, is needed to


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Document Created: 2016-08-13 02:22:22
Document Modified: 2016-08-13 02:22:22
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
ActionImposition order; issuance.
DatesThe Imposition Order was issued on August 8, 2016
ContactLeelavathi Sreenivas, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001; telephone: 301-415-1285, email: [email protected]
FR Citation81 FR 54129 

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