ML102160762

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Intervenor-Exhibit 16-U.S. NRC, Draft Policy Statement on Safety Culture, 74Federal Register 57525, 57528
ML102160762
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 11/06/2009
From: Mahowald P
Rulemaking, Directives, and Editing Branch, Prairie Island Community Council
To:
Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML102160759 List:
References
50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, NRC-2009-0485, RAS 18361
Download: ML102160762 (5)


Text

Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Notices 57525 Closed10:30 a.m.-12 p.m. Management you do not want to be publicly NRCs regulatory framework is clearly topics and status of data; analysis; disclosed. evident in our mission and strategic Open1 p.m.-2:30 p.m. Tour and facilities The NRC requests that any party goals. Experience has shown that certain maintenance; soliciting or aggregating comments organizational characteristics and Closed2:30 p.m.-6:30 p.m. Cybersecurity, received from other persons for EPO, LSC status and Executive Session.

personnel attitudes and behaviors are submission to the NRC inform those present in a positive safety culture.

Wednesday, December 2, 2009 persons that the NRC will not edit their These include, but are not limited to, Closed8:30 a.m.-12 p.m. Project overview comments to remove any identifying or individuals demonstrating ownership and Project Management status; contact information, and therefore, they and personal responsibility for Closed1:30 p.m.-6 p.m. Technical should not include any information in maintaining safety and security in their Progress, Development, R&D support. their comments that they do not want day-to-day work activities; the Executive Session publicly disclosed. implementation of processes for Federal Rulemaking Web site: Go to planning and controlling work activities Thursday, December 3, 2009 http://www.regulations.gov and search such that safety and security are Closed8:30 a.m.-12 p.m. Executive for documents filed under Docket ID maintained; a work environment in Session, report writing, Close Out report. NRC-2009-0485. Address questions which personnel feel free to raise safety Reason for Closing: The proposal contains about NRC dockets to Carol Gallagher and security concerns without fear of proprietary or confidential material including 301-492-3668; e-mail retaliation; prompt and thorough technical information; financial data, such as Carol.Gallagher@nrc.gov.

salaries; and personal information identification, evaluation, and Mail comments to: Michael T. Lesar, resolution of nuclear safety and security concerning individuals associated with the Chief, Rulemaking and Directives proposals. These matters are exempt under 5 issues commensurate with their Branch (RDB), Division of significance; the availability of the U.S.C. 552b(c) and (6) of the Government in the Sunshine Act. Administrative Services, Office of resources needed to ensure that safety Administration, Mail Stop: TWB and security are maintained; decision-Dated: November 3, 2009. B01M, U.S. Nuclear Regulatory Susanne Bolton, making processes that protect safety and Commission, Washington, DC 20555- security; clearly defined roles and Committee Management Officer. 0001, or by fax to RDB at (301) 492- responsibilities for maintaining safety

[FR Doc. E9-26784 Filed 11-5-09; 8:45 am] 3446. and security; and the seeking out and BILLING CODE 7555-01-P FOR FURTHER INFORMATION CONTACT: implementation of opportunities to Alexander Sapountzis, Office of improve safety and security. The NRC Enforcement, Mail Stop O-4 A15A, U.S. expects its licensees and certificate NUCLEAR REGULATORY Nuclear Regulatory Commission, holders to foster these characteristics, COMMISSION Washington, DC 20555-0001, or by e- attitudes, and behaviors in their mail to Alexander.Sapountzis@nrc.gov. organizations and among individuals

[NRC-2009-0485]

SUMMARY

The NRC is issuing a draft who are overseeing or performing Draft Safety Culture Policy Statement: policy statement that sets forth the regulated activities commensurate with Request for Public Comments Commissions expectation that all the safety and security significance of licensees and certificate holders 1 their activities and the nature and AGENCY: Nuclear Regulatory establish and maintain a positive safety complexity of their organization and Commission (NRC). culture that protects public health and functions.

ACTION: Issuance of draft safety culture safety and the common defense and The NRC is requesting comments on policy statement and notice of security when carrying out licensed the draft safety culture policy statement opportunity for public comment. activities. The Commission defines and associated questions.

safety culture as that assembly of SUPPLEMENTARY INFORMATION:

DATES: Comments are requested 90 days characteristics, attitudes, and behaviors from the date of this Federal Register in organizations and individuals which (1) Background Notice. Comments received after this establishes that as an overriding The Commission has long expressed date will be considered if it is practical priority, nuclear safety and security its expectations for safety culture in to do so, but the NRC is able to assure issues 2 receive the attention warranted previous policy statements. In 1989, the consideration only for comments by their significance. The Commission Commission published its Policy received on or before this date. Please also considers nuclear safety and Statement on the Conduct of Nuclear refer to the SUPPLEMENTARY INFORMATION security issues to be equally important Power Plant Operations (54 FR 3424; section for additional information in a positive safety culture. The January 24, 1989) to make clear the including questions for which the NRC importance of treating safety and Commissions expectations of utility is requesting comment. security in an equal manner within management and licensed operators ADDRESSES: You may submit comments with respect to the conduct of 1 Throughout this document, the phrase licensee by any one of the following methods. and certificate holders includes licensees, operations. The policy statement stated, Please include Docket ID NRC-2009- certificate holders, permit holders, authorization the phrase safety culture refers to a 0485 in the subject line of your holders, holders of quality assurance program very general matter, the personal comments. Comments submitted in approvals and applicants for a license, certificate, dedication and accountability of all mstockstill on DSKH9S0YB1PROD with NOTICES6 permit, authorization, or quality assurance program writing or in electronic form will be approval.

individuals engaged in any activity posted on the NRC Web site and on the 2 Throughout this document, the terms safety which has a bearing on the safety of Federal rulemaking website or nuclear safety, security or nuclear nuclear power plants. The policy Regulations.gov. Because your security, and safety culture are used. These statement further stated that the comments will not be edited to remove terms refer to matters that are related to NRC- Commission issued the policy statement regulated activities, including radiation protection, any identifying or contact information, safeguards, material control and accounting, to help foster the development and the NRC cautions you against including physical protection, and emergency preparedness. maintenance of a safety culture at every any information in your submission that . facility licensed by the NRC.

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57526 Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Notices In 1996, the Commission published a unscheduled events or incidents that industrial uses of radioactive materials; policy statement, Freedom of the Commission has determined to be and the transport, storage, and disposal Employees in the Nuclear Industry to significant from the standpoint of public of radioactive materials and wastes. The Raise Safety Concerns Without Fear of health and safety. Examples linked to Commission carries out these Retaliation (61 FR 24336; May 14, characteristics and attitudes in responsibilities in numerous ways 1996), to set forth its expectations that organizations and individuals including through such regulatory licensees and other employers subject to associated with weak safety cultures activities as inspecting licensed and NRC authority will establish and include inadequate procedures; certified facilities and activities; maintain safety-conscious environments procedures not being followed; collecting, analyzing, and disseminating in which employees feel free to raise inadequate supervision; decision- information about operational safety safety concerns, both to their making that does not ensure that safety and security; investigating nuclear management and to the NRC, without and security are maintained; and incidents; and developing policy and fear of retaliation. This policy statement ineffective problem identification, providing direction on safety and applied to NRC-regulated activities of evaluation, and resolution. They have security issues.

all licensees and their contractors and included medical misadministrations The Commission believes that, subcontractors. A safety conscious work (such as giving iodine-131 to lactating because licensees and certificate holders environment is an important attribute of females that resulted in the uptake by use or provide services related to the safety culture and is one of the safety their infants and multiple events use of radioactive material, they bear the culture characteristics in the draft safety associated with prostate brachytherapy primary responsibility for safely culture policy statement. treatment) and overexposures arising handling and securing these materials. It The importance of a positive safety from the loss of control of radiography is, therefore, each licensees and culture for activities involving civilian or well logging sources. certificate holders responsibility to uses of radioactive materials and other develop and maintain a positive safety potential hazards has been (2) Statement of Policy culture which establishes that nuclear demonstrated by a number of It is the Commissions policy that a safety issues and nuclear security significant, high-visibility events world- strong safety culture is an essential issues, as an overriding priority, receive wide that have occurred in the 20-year element for individuals, both internal to the attention warranted by their period since the Commission published the NRC and external, performing or significance. Therefore, licensees and its 1989 policy statement addressing overseeing regulated activities. As such, certificate holders should foster a safety culture in nuclear power plants. the NRC will include appropriate means positive safety culture in their The events occurred across multiple to monitor safety culture in its oversight organizations and among individuals industries including at nuclear power programs and internal management who are overseeing or performing plants, fuel cycle facilities, and in other processes. The NRC defines safety regulated activities. However, as the industries such as chemical processing culture as that assembly of regulatory agency, the Commission has plants and aerospace. Examples of characteristics, attitudes, and behaviors an independent oversight role (through nuclear industry events include those in organizations and individuals, which inspection and assessment processes) that occurred at the Davis-Besse Nuclear establishes that as an overriding including addressing licensees and Power Station and the Peach Bottom priority, nuclear safety and security certificate holders performance related Atomic Power Station. Workers at the issues receive the attention warranted to areas important to safety culture.

Davis-Besse Nuclear Power Station by their significance. Further, it is important for all organizations to (3) Safety Culture Concept discovered a cavity in the reactor pressure vessel head caused by boric provide personnel in the safety and In 1991, as a result of the 1986 acid corrosion. The corrosion developed security sectors with an appreciation for Chernobyl accident, the International over a period of several years but was the importance of each, emphasizing the Nuclear Safety Group (INSAG) not discovered before the cavity need for integration and balance to emphasized the concept of safety developed. The licensees analysis of achieve optimized protection. Safety culture for the nuclear industry in its the event identified weaknesses in the and security activities are closely report, INSAG-4, Safety Culture.

stations safety culture as the root cause intertwined, and it is critical that INSAG is an advisory group to the of the event. It particularly noted that consideration of these activities be International Atomic Energy Agency management prioritized production integrated so as not to diminish or (IAEA). The INSAG-4 definition of over safety. At the Peach Bottom adversely affect either safety or security. safety culture is, that assembly of Atomic Power Station, personnel A safety culture that accomplishes this characteristics and attitudes in behaviors adverse to the security of the would include all nuclear safety and organizations and individuals which plant were identified, specifically, security issues associated with NRC- establishes that, as an overriding inattentiveness by security officers. regulated activities including radiation priority, nuclear plant safety issues Other licensees have had recurring protection, safeguards, material control receive the attention warranted by their problems resulting in violations of NRC and accounting, physical protection, significance.

regulations. Through a Commission and emergency preparedness issues Implied in the INSAG definition of confirmatory order, a fuel cycle facility among the issues that receive attention safety culture is the recognition that licensee committed to having a third- as a matter of priority. every organization is continually faced party assessment of its safety culture to The Commissions regulations are with resolving conflicts among its goals mstockstill on DSKH9S0YB1PROD with NOTICES6 determine the causes of its continuing designed to protect both the public and for cost, schedule, and quality (or problems in order to establish workers against radiation hazards from safety). The organizations members appropriate corrective actions. The the use of radioactive materials. The (groups and individuals) also face third-party assessment identified Commissions scope of responsibility conflicts among different goals in weaknesses in areas important to safety includes regulation of commercial performing their jobs. Management culture. In addition, weaknesses in the nuclear power plants; research, test, and establishes the framework (management safety culture of licensees and certificate training reactors; nuclear fuel cycle systems, programs, processes) and holders have contributed to facilities; medical, academic, and communicates its priorities for resolving VerDate Nov<24>2008 18:23 Nov 05, 2009 Jkt 220001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1

Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Notices 57527 conflicts among different goals. organizational and individual awareness same ultimate purpose of protecting Members of the organization work that the functions and goals of safety people and the environment from within that framework and are and security must be considered unintended radiation exposure and (2) influenced by managements priorities, together so that actions to achieve either encourages attention to the ways safety but they have their own beliefs and set of functions and goals do not and security interface. For these attitudes about what is important and inadvertently compromise the other. reasons, the Commission determined make individual choices on how to Therefore, to emphasize the equal that the term safety culture should proceed when faced with multiple importance of nuclear security and include both safety and security.

competing goals. The INSAG definition nuclear safety in a positive safety Safety and security have been the emphasizes that in a positive safety culture, the Commission has added primary pillars of NRCs regulatory culture, the goal of maintaining nuclear nuclear security to the safety culture programs. However, in the current safety receives the highest priority in definition. The NRCs modified INSAG heightened threat environment, there the organizations and individuals definition is provided in the Statement has been a renewed focus on security, decision-making and actions when of Policy section above. and the staff has implemented a number faced with a conflict with other of efforts to enhance security and (4) Stakeholder Outreach strengthen the safety and security organizational or individual goals.

The Commission modified the INSAG The Commissions February 28, 2009, interface. It is important to understand definition of safety culture which refers Staff Requirements Memorandum that both safety and security share a to nuclear plant safety. The (SRM)-COMGBJ-08-0001, A common purpose of protecting public Commission is strongly committed to Commission Policy Statement on Safety health and safety. In todays promoting positive safety cultures Culture, (ML080560476) stated in part environment, safety and security among its nuclear reactor licensees; that the staff should, as part of its public activities are closely intertwined, and it however, the Commission regulates stakeholder outreach, reach out to all is critical that consideration of these many other organizations and processes types of licensees and certificate activities be integrated so as to involving civilian uses of radioactive holders. In the development of the draft complement each other and not materials. These regulated activities policy statement, the NRC staff sought diminish or adversely impact either include industrial radiography services; insights and feedback from safety or security. Further, it is hospitals, clinics and individual stakeholders. This was accomplished by important for licensees and certificate practitioners involved in medical uses providing information in a variety of holders to provide personnel in the of radioactive materials; research and forums such as stakeholder organization safety and security sectors with an test reactors; large-scale fuel fabrication meetings, newsletters, and appreciation for the importance of each, facilities; as well as nuclear power teleconferences and by publishing emphasizing the need for integration plants. The Commission also regulates questions in Federal Register Notices and balance to achieve optimized the construction of new facilities where entitled Safety Culture Policy protection. The importance of both operations will involve radioactive Statement: Public Meeting and Request safety and security in an equal and materials with the potential to affect for Public Comments (ML090260709) balanced manner within NRCs public health and safety and the that were related to the Commissions regulatory framework is clearly evident common defense and security. SRM. In addition, a significant in the Commissions mission and Therefore, by revising the INSAG stakeholder outreach activity was strategic goals.

definition of safety culture to replace accomplished by a public workshop While many safety and security nuclear plant safety with nuclear held on February 3, 2009, at NRC activities complement each other or are safety, the Commission is emphasizing Headquarters in Rockville, Maryland. synergistic, there remain areas where that it expects all of its licensees and The staff reviewed and considered the potential conflicts may arise. It is then certificate holders to place the highest stakeholder feedback derived from these imperative that mechanisms be priority on nuclear safety commensurate different forums and incorporated it into established to resolve these potential with the risks inherent in the regulated the development of the draft policy conflicts to assure the adequate activities. statement and recommendations. protection of public health and safety The Commission also modified the and promote the common defense and INSAG definition to adequately capture (5) Safety and Security Culture security. Hence, safety and security or communicate the equal importance of In SRM-COMGJB-08-0001, the have implications for each other in nuclear security and nuclear safety in a Commission also considered whether connection with all aspects of nuclear positive safety culture. Following the publishing the NRCs expectations for activities.

terrorist attacks of September 11, 2001, safety and security culture is best One potential challenge is the way in the Commission increased its attention accomplished in one safety/security which individuals involved in safety to the important role of security in culture statement or in two separate and security activities approach the goal regulated facilities whose operations statements, one each for safety and of risk mitigation and protection of can have an impact on public health security, while still considering the public health and safety. The safety staff and safety. The Commission issued safety and security interface. is typically focused on preventing errors orders enhancing security at its NRC- Based on a variety of sources that would result in an inadvertent regulated facilities to further ensure including document reviews and accident while the security staff is public health and safety and the stakeholder feedback, the Commission focused on preventing deliberate attacks mstockstill on DSKH9S0YB1PROD with NOTICES6 common defense and security. One of concluded there is no one definitive or diversion of certain materials that the insights gained from the greater view of this issue, but the results could cause harm. Another challenge is emphasis on security is the importance weighed heavily toward a single policy that the organization/facility must of incorporating security considerations statement to be titled a Safety Culture ensure that the existence of motivated into a safety culture and effectively Policy Statement. Document reviews and capable persons with ill intent is managing the safety and security and stakeholder feedback suggested that recognized and that the importance of interface. In general, the safety and a single policy statement (1) builds on nuclear security to prevent such persons security interface refers to the the fact that safety and security have the from unauthorized access is understood.

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57528 Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Notices To manage these potential conflicts of regulatory/enforcement/safety- vendors, and they challenge work challenges, the Agency has recently culture.html). activities and work products that do not issued regulations on the safety/security Although the safety culture meet their standards.

interface. An overarching safety culture characteristics themselves are

  • The organization maintains a safety policy statement which encompasses applicable to all licensees and certificate conscious work environment in which security supports and further enhances holders, there may be other examples personnel feel free to raise safety and those regulations. that more specifically address the security concerns without fear of Based on the above considerations, unique characteristics of a licensees or retaliation. For example, claims of the Commission concluded that a single certificate holders environment (i.e.,

harassment, intimidation, retaliation, policy statement would accomplish its unique for medical and industrial applications, operating reactors, and discrimination are investigated goal that, as an overriding priority, consistent with the regulations safety issues and security issues receive research and test reactors, fuel cycle facilities, and new reactor construction regarding employee protection. If an the attention warranted by their instance of harassment, intimidation, significance. Although, in some cases, environments). Hence, the Commission recognizes that these safety culture retaliation, or discrimination for raising issues relating to security might be a safety or security concern is identified, handled differently than issues related characteristics are not all inclusive; other characteristics and attitudes in corrective actions are taken in a timely to safety. A single policy statement manner.

recognizes there is one overarching organizations and individuals may be culture in an organization; however, indicative of a positive safety culture.

  • The organization ensures that issues safety and security functions and goals However, the Commission expects its potentially impacting safety or security must be treated equally within that licensees and certificate holders to are promptly identified, fully evaluated, overarching safety culture. consider the extent to which these and promptly addressed and corrected, characteristics and attitudes are present commensurate with their significance.

(6) Characteristics of a Positive Safety in their organizations and among

  • The organization ensures that the Culture individuals who are overseeing or personnel, equipment, tools, Experience has shown that certain performing regulated activities and to procedures, and other resources needed organizational attributes and personnel take steps, if necessary, to foster a to assure safety and security are attitudes and behaviors are present in a positive safety culture commensurate available. For example, training is with the safety and security significance positive safety culture. Therefore, in developed and implemented or accessed of activities and the nature and 2006, when the NRC implemented an to ensure personnel competence.

complexity of the licensees or enhanced reactor oversight process Procedures, work instructions, design certificate holders organization and (ROP) that more fully addressed safety documentation, drawings, databases, functions.

culture, it identified and incorporated The following characteristics that are and other job aids and reference safety culture components that are indicative of a positive safety culture, materials are complete, accurate, and overarching characteristics of a positive are relevant across the broad range of up-to-date.

safety culture. The NRC based its activities carried out by the nuclear

  • The organizations decisions ensure development of the safety culture industry, the Agreement States and the that safety and security are maintained.

components on a review of a variety of NRC, and address the importance of For example, production, cost, and sources of information including the nuclear safety and security: schedule goals are developed, Institute of Nuclear Power Operations;

  • Personnel demonstrate ownership communicated, and implemented in a the IAEA; the Nuclear Energy Agency; for nuclear safety and security in their manner which demonstrates that safety the regulatory approaches of other day-to-day work activities by, for and security are overriding priorities.

domestic and international example, ensuring that their day-to-day organizations; and the organizational

  • Roles, responsibilities, and work activities and products meet behavior, safety culture, and safety authorities for safety and security are professional standards commensurate climate research literature. The clearly defined and reinforced. For with the potential impacts of their work Commission presented drafts of the on safety and security. They proceed example, personnel understand their safety culture components and aspects with caution when making safety- or roles and responsibilities in maintaining in frequent public meetings and security-related decisions and question safety and security. Programs, processes, modified them in response to their assumptions, especially when procedures, and organizational stakeholder feedback. faced with uncertain or unexpected interfaces are clearly defined and For the purpose of this policy conditions, to ensure that safety and implemented as designed. Leaders at all statement, the NRC modified the ROP security are maintained. levels of the organization consistently safety culture components (termed
  • Processes for planning and demonstrate that safety and security are safety culture characteristics) to controlling work ensure that individual overriding priorities.

explicitly address security in the safety contributors, supervisors, and work

  • The organization maintains a culture characteristics descriptions, groups communicate, coordinate, and continuous learning environment in create a more generic description for execute their work activities in a which opportunities to improve safety each safety culture characteristic that manner that supports safety and and security are sought out and would apply to the range of NRC security. For example, individuals and implemented. For example, individuals mstockstill on DSKH9S0YB1PROD with NOTICES6 licensees and certificate holders, and work groups communicate and are encouraged to develop and maintain maintain all the safety culture concepts cooperate during work projects and current their professional and technical in the safety culture components. The activities to ensure their actions do not knowledge, skills, and abilities and to staff presented the draft safety culture interact with those of others to remain knowledgeable of industry characteristics for stakeholder comment adversely affect safety or security. In standards and innovative practices.

in a February 3, 2009, public workshop addition, managers and supervisors are Personnel seek out and implement and on the NRCs public safety culture accessible to oversee work activities, opportunities to improve safety and Web site (http://www.nrc.gov/about-nrc/ including those of contractors or security performance.

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Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Notices 57529 (7) Implementation of Policy and certificate holders regulated by the II This policy statement describes areas NRC and the Agreement States, does By letter dated January 22, 2009, as important to safety culture, but it does this statement need further clarification? supplemented on February 26, April 8, not address how the nuclear industry, (6) How well does the draft safety June 25, July 27, October 15, October 19, the Agreement States, and the NRC culture policy statement enhance October 25 (two letters), October 26, and should establish and maintain a positive licensees and certificate holders October 28, 2009 (together, the safety culture in their organizations. The understanding of the NRCs Application), Constellation Energy nuclear industry, the Agreement States, expectations that they maintain a safety Nuclear Group, LLC (CENG), on behalf and the NRC differ in their size and culture that includes issues related to of the licensee and EDF Development, complexity, infrastructure, and security? Inc. (EDF Development) (together, the organizational frameworks. Therefore, a (7) In addition to issuing a safety applicants), requested that the Nuclear single approach for establishing and culture policy statement, what might the Regulatory Commission (NRC, the maintaining a positive safety culture is NRC consider doing, or doing Commission), pursuant to Title 10 of the not possible. Nevertheless, the differently, to increase licensees and Code of Federal Regulations (10 CFR)

Commission expects that nuclear safety certificate holders attention to safety 50.80, consent to the indirect license and security issues receive the attention culture in the materials area? transfers that would be effected by the warranted by their significance, and all (8) How can the NRC better involve indirect transfer of control of CENGs organizations consider and foster the stakeholders to address safety culture, ownership and operating interests in safety culture characteristics including security, for all NRC and Ginna. The actions being sought are a (commensurate with the safety and Agreement State licensees and result of certain proposed corporate security significance of activities and certificate holders? restructuring actions in connection with the nature and complexity of their To ensure efficient consideration of a planned investment by EDF organization and functions) in carrying your comments, please identify the Development whereby it would acquire out their day-to-day work activities and specific question numbers with your a 49.99% ownership interest in CENG decisions. comments when applicable. When from Constellation Energy Group, Inc.

commenting, please exercise caution (CEG), the current 100% owner of Questions for Which NRC Is Seeking with regard to site-specific security- CENG. EDF Development is a U.S.

Input related information. Comments will be corporation organized under the laws of (1) The draft policy statement made available to the public in their the State of Delaware and a wholly-provides a description of areas entirety. Personal information such as owned subsidiary of E.D.F. International important to safety culture, (i.e., safety your name, address, telephone number, S.A., a public limited company culture characteristics). Are there any and e-mail address will not be removed organized under the laws of France, characteristics relevant to a particular from your submission. which is in turn a wholly-owned type of licensee or certificate holder (if Dated at Rockville, Maryland, this 30th day subsidiary of Electricite de France S.A.,

so, please specify which type) that do of October 2009. a French limited company.

not appear to be addressed? For the Nuclear Regulatory Commission. Following the closing of the transfer (2) Are there safety culture Cynthia A. Carpenter, of ownership interests in CENG to EDF characteristics as described in the draft Director, Office of Enforcement. Development, EDF Development will policy statement that you believe do not [FR Doc. E9-26816 Filed 11-5-09; 8:45 am] hold a 49.99% ownership interest in contribute to safety culture and, CENG; CEG will hold a 50.01%

BILLING CODE 7590-01-P therefore, should not be included? ownership interest in CENG through (3) Regarding the understanding of two new intermediate parent what the Commission means by a NUCLEAR REGULATORY companies, Constellation Nuclear, LLC positive safety culture, would it help COMMISSION and CE Nuclear, LLC, formed for non-to include the safety culture operational purposes. In addition, characteristics in the Statement of [NRC-2009-0192; Docket No. 50-244; Constellation Nuclear Power Plants, Policy section in the policy statement? Renewed License No. DPR-18] Inc., which is currently an intermediate (4) The draft policy statement holding company between CENG and includes the following definition of In the Matter of EDF Development, Inc.; Ginna, LLC and Nine Mile Point safety culture: Safety culture is that Constellation Energy Nuclear Group, Nuclear Station, LLC, will convert to a assembly of characteristics, attitudes, LLC; R.E. Ginna Nuclear Power Plant, Delaware limited liability company by and behaviors in organizations and LLC (R.E. Ginna Nuclear Power Plant); operation of law and become individuals which establishes that as an Order Superseding Order of October 9, Constellation Nuclear Power Plants, overriding priority, nuclear safety and 2009, Approving Application LLC, and will exist as an intermediate security issues receive the attention Regarding Proposed Corporate holding company between CENG and warranted by their significance. Does Restructuring Ginna, LLC, Nine Mile Point Nuclear this definition need further clarification Station, LLC, and Calvert Cliffs Nuclear to be useful? I Power Plant, LLC by merger. No (5) The draft policy statement states, R.E. Ginna Nuclear Power Plant, LLC physical changes to the facilities or All licensees and certificate holders (Ginna, LLC or the licensee) is the operational changes are being proposed mstockstill on DSKH9S0YB1PROD with NOTICES6 should consider and foster the safety holder of Renewed Facility Operating in the application.

culture characteristics (commensurate License No. DPR-18 which authorizes Approval of the transfer of the license with the safety and security significance the possession, use, and operation of the is requested by the applicants pursuant of activities and the nature and R.E. Ginna Nuclear Power Plant (Ginna). to 10 CFR 50.80. Notice of the request complexity of their organization and The facility is located at the licensees for approval and opportunity for a functions) in carrying out their day-to- site in Ontario, New York. The hearing was published in the Federal day work activities and decisions. operating license authorizes the licensee Register on May 6, 2009 (74 FR 21013).

Given the diversity among the licensees to possess, use, and operate Ginna. No hearing requests or petitions to VerDate Nov<24>2008 18:23 Nov 05, 2009 Jkt 220001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\06NON1.SGM 06NON1