82 FR 28535 - In the Matter of Tilden Mining, L.C.

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 119 (June 22, 2017)

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Tilden Mining Company, L.C. (Tilden Mining) as a result of an agreement reached during an Alternative Dispute Resolution mediation session conducted on May 8, 2017. The mediation session was conducted to reach agreement on the corrective actions to be implemented by Tilden Mining in response to apparent violations involving the failure to implement a security program in accordance with NRC requirements. The Confirmatory Order documents the corrective action commitments made by Tilden Mining and is effective on July 14, 2017.

[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28535-28538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13000]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 30-34221; License No. 21-26748-01; EA-16-282; NRC-2017-
0147]


In the Matter of Tilden Mining, L.C.

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Confirmatory Order to Tilden Mining Company, L.C. (Tilden Mining) as a 
result of an agreement reached during an Alternative Dispute Resolution 
mediation session conducted on May 8, 2017. The mediation session was 
conducted to reach agreement on the corrective actions to be 
implemented by Tilden Mining in response to apparent violations 
involving the failure to implement a security program in accordance 
with NRC requirements. The Confirmatory Order documents the corrective 
action commitments made by Tilden Mining and is effective on July 14, 
2017.

DATES: Effective Date: June 14, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0147 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-2017-0147. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, 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: Kenneth J. Lambert, Region III, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 
630-710-4376; email: [email protected].

SUPPLEMENTARY INFORMATION:  The text of the Order is attached.

    Dated at Lisle, Illinois, this 16th day of June 2017.

    For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator, NRC Region III.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of Tilden Mining Company L.C.

Docket No. 30-34221

License No. 21-26748-01

EA-16-282

CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE) (NRC-
2017-0147)

I

    Tilden Mining Company L.C. (Tilden Mining or Licensee) is the 
holder of byproduct material License No. 21-26748-01 issued on June 3, 
2014, by the U.S. Nuclear Regulatory Commission (NRC or Commission) 
pursuant to Part 30 of Title 10 of the Code of Federal Regulations 
(CFR). The license authorizes the possession and use of fixed gauges 
and silica analyzers at the Tilden Mine in accordance with conditions 
specified therein. The facility is located on the Licensee's site in 
Marquette County, Michigan.
    This Confirmatory Order is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on May 8, 2017.

II

    On March 9, 2017, the NRC issued Inspection Report 03034221/
2016001(DNMS) to Tilden Mining, which documented the identification of 
apparent violations that were being considered for escalated 
enforcement action in accordance with the NRC Enforcement Policy. The 
apparent violations involved the failure to implement its security 
program in accordance with NRC requirements.
    By letter, dated March 9, 2017, the NRC notified Tilden Mining of 
the results of the inspection with an opportunity to: (1) Provide a 
response in writing, (2) attend a predecisional

[[Page 28536]]

enforcement conference or (3) participate in an ADR mediation session 
in an effort to resolve these concerns.
    In response to the NRC's offer, Tilden Mining requested the use of 
the NRC's ADR process to resolve differences it had with the NRC. On 
May 8, 2017, the NRC and Tilden Mining 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 Confirmatory Order is issued pursuant to the 
agreement reached during the ADR process.

III

    During the ADR session, Tilden Mining and the NRC reached a 
preliminary settlement in an Agreement in Principal. The elements of 
the agreement include the following:
    Tilden Mining has already taken a number of corrective actions 
including:
    1. Repaired the alarm;
    2. Installed a more robust door-access system; and
    3. Initiated training for appropriate personnel on the operation of 
the new alarm system.
    Therefore, the parties agree to the following terms and conditions:
    1. Tilden Mining shall establish a Radioactive Material Oversight 
Committee to oversee the implementation of the Licensee's programs for 
radiation safety and radioactive source security. The Committee shall 
review and update the scope of work and documentation requirements for 
the Licensee's annual radiation safety and security audits/program 
reviews.
    The Committee shall be comprised of the Radiation Safety Officer 
(RSO), the RSO's Manager, the Site General Manager, and other relevant 
stakeholders.
    The Committee shall be established and hold its first meeting no 
later than September 30, 2017. Thereafter, the Committee shall at a 
minimum meet three times in 2018, twice in 2019, and annually 
thereafter until December 31, 2022.
    The Committee shall review annual audits/program reviews and the 
effectiveness reviews required by paragraph 2 of this Agreement in 
Principle and ensure corrective actions are implemented, as 
appropriate. The Committee shall ensure that corrective actions and 
tasks required to ensure compliance are adequately documented and 
controlled within the Licensee's work-tracking system.
    The Committee shall maintain records of its meetings to enable NRC 
inspection.
    2. Tilden Mining shall complete two effectiveness reviews of the 
corrective actions taken in response to the Confirmatory Order. Each 
effectiveness review supplements the annual audits/program reviews 
required by NRC regulations and may be combined with those required 
audits/reviews. Each effectiveness review shall be conducted by an 
independent consultant.
    The first effectiveness review shall be conducted no later than 
December 31, 2018, and the second shall be conducted no later than 
December 31, 2020.
    The scope of each effectiveness review shall include review of 
Radioactive Material Oversight Committee activities and the 
effectiveness and sustainability of the corrective actions taken in 
response to the Confirmatory Order.
    The Licensee shall provide a copy of the results of each 
effectiveness review to the Director, Division of Nuclear Materials 
Safety (DNMS), Region III, within 150 days of the Licensee's receipt of 
the consultant's final report. If the results indicate a potential or 
apparent violation of NRC requirements, the NRC will conduct an 
inspection to determine the facts and assess the significance prior to 
proposing any enforcement action.
    3. For a period of 5 years from the date of the Confirmatory Order, 
Tilden Mining shall reflect in its work-tracking system tasks 
governing:
    a. Annual coordination with the local law enforcement authority;
    b. Twice yearly alarm system testing;
    c. Any corrective actions directed by the Radioactive Material 
Oversight Committee; and
    d. Maintenance pertinent to security systems required under the 
applicable regulation.
    4. For a period of 5 years from the date of the Confirmatory Order, 
Tilden Mining shall provide annual training to affected personnel on 
the access control and alarm response requirements of the applicable 
regulations and the Licensee's implementing procedures.
    Based on the completed actions described above, and the commitments 
described in Section V below, the NRC agrees not to pursue any further 
enforcement action in connection with the NRC's March 9, 2017, letter 
to Tilden Mining and not to issue a civil penalty. The NRC considers 
the Confirmatory Order as an escalated enforcement action; however, it 
will not be considered an escalated enforcement action by the NRC for 
future assessment of violations occurring at Tilden Mining.
    On June 13, 2017, Tilden Mining consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. Tilden Mining further agreed that this Confirmatory Order is to 
be effective upon issuance, the agreement memorialized in this 
Confirmatory Order settles the matter between the parties, and that it 
has waived its right to a hearing.

IV

    I find that Tilden Mining's actions completed, as described in 
Section III above, combined with the 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 Tilden Mining's commitments be confirmed by this 
Confirmatory Order. Based on the above and Tilden Mining's consent, 
this Confirmatory Order is effective upon issuance.
    By no later than thirty (30) days after the completion of the 
commitments specified in Section V, Tilden Mining Company L.C. is 
required to notify the NRC in writing and summarize its actions.

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 37, it is hereby ordered, 
effective upon issuance, that license No. 21-26748-01 is modified as 
follows:
    1. Tilden Mining shall establish a Radioactive Material Oversight 
Committee to oversee the implementation of the Licensee's programs for 
radiation safety and radioactive source security. The Committee shall 
review and update the scope of work and documentation requirements for 
the Licensee's annual radiation safety and security audits/program 
reviews.
    The Committee shall be comprised of the Radiation Safety Officer, 
the RSO's Manager, the Site General Manager, and other relevant 
stakeholders.
    The Committee shall be established and hold its first meeting no 
later than September 30, 2017. Thereafter, the Committee shall at a 
minimum meet three times in 2018, twice in 2019, and annually 
thereafter until December 31, 2022.

[[Page 28537]]

    The Committee shall review annual audits/program reviews and the 
effectiveness reviews required by paragraph 2 of this section and 
ensure corrective actions are implemented, as appropriate. The 
Committee shall ensure that corrective actions and tasks required to 
ensure compliance are adequately documented and controlled within the 
Licensee's work-tracking system.
    The Committee shall maintain records of its meetings to enable NRC 
inspection.
    2. Tilden Mining shall complete two effectiveness reviews of the 
corrective actions taken in response to this Confirmatory Order. Each 
effectiveness review supplements the annual audits/program reviews 
required by NRC regulations and may be combined with those required 
audits/reviews. Each effectiveness review shall be conducted by an 
independent consultant.
    The first effectiveness review shall be conducted no later than 
December 31, 2018, and the second shall be conducted no later than 
December 31, 2020.
    The scope of each effectiveness review shall include review of 
Radioactive Material Oversight Committee activities and the 
effectiveness and sustainability of the corrective actions taken in 
response to the Confirmatory Order.
    Tilden Mining shall provide a copy of the results of each 
effectiveness review to the Director, DNMS, Region III, within 150 days 
of the Licensee's receipt of the consultant's final report. If the 
results indicate a potential or apparent violation of NRC requirements, 
the NRC will conduct an inspection to determine the facts and assess 
the significance prior to proposing any enforcement action.
    3. For a period of 5 years from the date of the Confirmatory Order, 
Tilden Mining shall reflect in its work-tracking system tasks 
governing:
    a. Annual coordination with the local law enforcement;
    b. Twice yearly alarm system testing;
    c. Any corrective actions directed by the Radioactive Material 
Oversight Committee; and
    d. Maintenance pertinent to security systems required under the 
applicable regulations.
    4. For a period of 5 years from the date of this Confirmatory 
Order, Tilden Mining shall provide annual training to affected 
personnel on the access control and alarm response requirements of the 
applicable regulations and the Licensee's implementing procedures.
    In the event of the transfer of the operating license of Tilden 
Mining to another entity, the terms and conditions set forth in this 
Confirmatory Order shall continue to apply and accordingly survive any 
transfer of ownership or license.
    The Regional Administrator, Region III may, in writing, relax or 
rescind any of the above conditions upon demonstration by Tilden Mining 
or its successors of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than Tilden 
Mining, may request a hearing within thirty (30) calendar days of the 
date of issuance of this Confirmatory Order. Where good cause is shown, 
consideration will be given to extending the time to request a hearing. 
A request for extension of time must be made in writing to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, 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 (hereinafter 
``petition''), 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 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 submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-

[[Page 28538]]

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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
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. For example, in some instances, 
individuals provide home addresses in order to demonstrate proximity to 
a facility or site. 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.
    The Commission will issue a Notice or Order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    If a person (other than Tilden Mining) requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Confirmatory Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days from the date of 
this Confirmatory Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section V shall be final when the extension 
expires if a hearing request has not been received.

    For the Nuclear Regulatory Commission.

Dated this 14th day of June 2017.

Cynthia D. Pederson

Regional Administrator, NRC Region III.

[FR Doc. 2017-13000 Filed 6-21-17; 8:45 am]
 BILLING CODE 7590-01-P