ML14121A551
| ML14121A551 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 05/01/2014 |
| From: | Wert L NRC/RGN-II |
| To: | James Shea Tennessee Valley Authority |
| References | |
| EA-14-005 IR-13-005 | |
| Download: ML14121A551 (23) | |
See also: IR 05000259/2013005
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION II
245 PEACHTREE CENTER AVENUE NE, SUITE 1200
ATLANTA, GEORGIA 30303-1257
May 1, 2014
Mr. J. W. Shea
Vice President, Nuclear Licensing
Tennessee Valley Authority
Chattanooga, TN 37402-2801
SUBJECT: CONFIRMATORY ORDER (NRC INSPECTION REPORT 05000259/2013005,
05000260/2013005, AND 05000296/2013005)
Dear Mr. Shea:
The enclosed Confirmatory Order is being issued to Tennessee Valley Authoritys (TVA) Browns
Ferry Nuclear Plant (BFN), as a result of a successful alternative dispute resolution (ADR)
session. The commitments described in the Order were made by TVA as part of the settlement
agreement reached during the ADR session, held on April 3, 2014.
On February 14, 2014, the NRC issued Inspection Report 05000259, 260, 296/2013005
(ADAMS Accession No. ML14045A320) to TVA, which documented the identification of two
apparent violations that were being considered for escalated enforcement action in accordance
with the NRC Enforcement Policy. The apparent violations potentially impacted the NRCs
regulatory process, by preventing the NRC from adequately reviewing and approving TVAs
changes to reduce the number of required main control room shift staffing at BFN. The NRCs
inspection report offered TVA a choice to: (1) attend a Predecisional Enforcement Conference;
(2) provide a written response; or (3) request ADR with the NRC in an attempt to resolve any
disagreement regarding whether violations occurred, the appropriate enforcement action, and
the appropriate corrective actions.
In response, TVA requested ADR to resolve any differences with the NRC concerning the
apparent violations, and to discuss corrective actions. An ADR mediation session was held on
April 3, 2014, and a preliminary settlement agreement was reached. The elements of the
preliminary agreement were formulated and agreed upon during the mediation session, and are
contained within the enclosed Confirmatory Order.
As part of the ADR settlement agreement, and as discussed in the enclosed Confirmatory
Order, TVA agreed that the issues described in the NRCs inspection report resulted in two
violations of regulatory requirements. To summarize, the first violation involved 10 CFR 50.9,
Completeness and Accuracy of Information, which requires that information provided to the
NRC be complete and accurate in all material respects. In letters dated June 29, 2010, and
November 30, 2011, TVA provided the NRC with information related to minimum staffing levels
required to achieve safe shutdown on the three-unit site during a postulated 10 CFR 50,
Appendix R fire event. This information was based on TVAs evaluations of staffing necessary
J. Shea 2
for successful implementation of fire response procedures, as well as minimum staffing levels
stated in TVAs licensing basis. The NRC concluded that the information provided in TVAs
letters was inaccurate, because TVAs stated staffing levels were not sufficient to implement
certain fire response procedures and achieve safe shutdown on the three-unit site.
The second violation involved TVAs change to a license condition without submitting an
amendment request, as required by 10 CFR 50.90, Amendment of License or Construction
Permit at Request of Holder. In this case, from June 29, 2010, through October 30, 2013, TVA,
in effect, amended its operating license without filing an application for an amendment as
specified in 10 CFR 50.90. Specifically, TVA inappropriately changed the requirements for site
staffing, incorporated as part of license amendments 271, 300, and 259, without submission of a
license amendment request. TVAs decision to amend the staffing levels via a commitment
change resulted in bypassing the review and approval that would occur as part of the license
amendment process.
In response to the violations, TVA completed a number corrective actions and enhancements,
and agreed to complete additional corrective actions and enhancements, as fully discussed in
the enclosed Confirmatory Order.
During the ADR, the NRC concluded that the corrective actions and enhancements discussed
by TVA were prompt and comprehensive and addressed the causes that gave rise to the two
violations. In consideration of the commitments delineated in the attached Confirmatory Order,
the NRC agreed to fully mitigate a civil penalty, and document the two violations as a part of the
Confirmatory Order, for all matters discussed in NRC Inspection Report 05000259, 260,
296/2013005 dated February 14, 2014 (EA 14-005).
We have enclosed a Confirmatory Order to confirm the commitments made as part of the
settlement agreement. As evidenced by your signed Consent and Hearing Waiver Form (copy
enclosed) dated April 25, 2014, you agree to issuance of this letter and Confirmatory Order.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who
willfully violates, attempts to violate, or conspires to violate any provision of this Order shall be
subject to criminal prosecution as set forth in that Section. Violation of this Order may also
subject the person to civil monetary penalties.
You are not required to respond to this letter. However, if you choose to provide a response,
please provide it to me within 30 days at NRC Region II, ATTN: Regional Administrator,
245 Peachtree Center Avenue, NE, Suite 1200, Atlanta, Georgia 30303-1257.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and its
Enclosures will be made available electronically for public inspection in the NRC Public
Document Room, or from the NRCs document system, Agencywide Documents Access and
Management System (ADAMS), which is accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html. The NRC will also include this letter, and the
attached Confirmatory Order, on its Web site at www.nrc.gov; the letter can be found on this
Web site by selecting the Public Meetings and Involvement link and then the Enforcement
link. Your response, if you choose to provide one, will also be made available electronically for
public inspection in the NRC Public Document Room, or from the NRCs document system
(ADAMS). To the extent possible, your response should not include any personal privacy,
J. Shea 3
proprietary, or safeguards information so that it can be made available to the public without
redaction. The NRC also includes significant enforcement actions on its Web site at
(http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).
If you have any questions or comments concerning this letter, please contact Mr. Jonathan
Bartley, Chief, Branch 6, Division of Reactor Projects, at 404-997-4607.
Sincerely,
/RA/
Leonard D. Wert
Deputy Regional Administrator for Operations
Docket Nos.: 50-259, 50-260, 50-296
License Nos.: DPR-33, DPR-52, DPR-68
Enclosures:
1. Confirmatory Order
2. Consent and Hearing Waiver Form
cc: Distribution via Listserv
_________________________ SUNSI REVIEW COMPLETE FORM 665 ATTACHED
OFFICE RII:DRP RII:EICS RII:DRP OE OGC RII:DORA
SIGNATURE /RA/ /RA/ /RA/ /RA VIA E-mail/ /RA VIA E-mail/ LDW /RA/
NAME JBartley CEvans RCroteau RCarpente *CHair LWert
DATE 4/14/2014 4/14/2014 4/15/2014 4/14/2014 4/24/2014 05/01/2014
E-MAIL COPY? YES NO YES NO YES NO YES NO YES NO YES NO YES NO
OFFICE RII:ORA
SIGNATURE VMM /RA/
NAME VMcCree
DATE 05/01/2014
E-MAIL COPY? YES NO YES NO YES NO YES NO YES NO YES NO YES NO
Letter to J. Shea from L. Wert dated May 1, 2014.
SUBJECT: CONFIRMATORY ORDER (NRC INSPECTION REPORT 05000259/2013005,
05000260/2013005, AND 05000296/2013005)
DISTRIBUTION:
M. Satorius, EDO
M. Weber, OEDO
E. Leeds, NRR
J. Wiggins, NSIR
C. Scott, OGC
R. Zimmerman, OE
E. Julian, SECY
B. Keeling, OCA
Enforcement Coordinators
for RI, RIII, RIV
H. Harrington, OPA
C. McCrary, OI
H. Bell, OIG
R. Carpenter, OE
M. Halter, NRR
V. McCree, RII
L. Wert, RII
T. Reis, RII
R. Croteau, RII
J. Bartley, RII
C. Kontz, RII
L. Douglas, RII
C. Evans, RII
S. Sparks, RII
R. Hannah, RII
J. Ledford, RII
J. Pelchat, RII
OEMAIL Resource
OEWEB
PUBLIC
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
) Docket No. 50-259, 50-260, 50-296
Tennessee Valley Authority ) License Nos. DPR-33, DPR-52, DPR-68
Browns Ferry Nuclear Plant )
Units 1, 2 and 3 ) EA-14-005
CONFIRMATORY ORDER
I
Tennessee Valley Authority (TVA or Licensee) is the holder of License Nos. DPR-33, DPR-52,
and DPR-68, issued by the U.S. Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR Part 50 on December 20, 1973, June 28, 1974, and July 2, 1976,
respectively. The licenses authorize the operation of the Browns Ferry Nuclear Plant (BFN),
Units 1, 2, and 3, in accordance with the conditions specified therein. The facility is located on
the Licensees site in Athens, Alabama.
This Confirmatory Order is the result of an agreement reached during an alternative dispute
resolution (ADR) mediation session conducted on April 3, 2014.
II
On February 14, 2014, the NRC issued Inspection Report 05000259, 260, 296/2013005 to TVA,
(IR) which documented the identification of two apparent violations that were being considered
for escalated enforcement action in accordance with the NRC Enforcement Policy.
1
The first apparent violation involved two examples of TVAs submission of information that was
not complete and accurate in all material respects, as required by 10 CFR 50.9, Completeness
and Accuracy of Information. The information contained in TVAs letters was inaccurate
because, contrary to their assertions, TVAs stated control room staffing levels were not
sufficient to implement certain fire response procedures and achieve safe shutdown on the
three-unit site during a postulated 10 CFR 50, Appendix R fire event.
The second apparent violation involved TVAs change to a license condition without submitting
an amendment request, as required by 10 CFR 50.90, Amendment of License or Construction
Permit at Request of Holder. In this case, from June 29, 2010, through October 30, 2013, the
licensee inappropriately changed the requirements for site staffing, incorporated as part of
license amendments 271, 300, and 259, without submission of a license amendment request.
The licensees actions to amend staffing levels via a commitment change resulted in bypassing
the review and approval that would occur as part of the license amendment process.
III
On April 3, 2014, the NRC and TVA met in an ADR session mediated by a professional
mediator, arranged through Cornell Universitys Institute on Conflict Resolution. ADR is a
process in which a neutral mediator with no decision-making authority assists the parties in
reaching an agreement or resolving any differences regarding their dispute. This confirmatory
order is issued pursuant to the agreement reached during the ADR process. The elements of
the agreement consist of the following:
1. The NRC and TVA agreed that the issues described in NRC Inspection Report
2
05000259, 260, 296/2013005 represent violations of regulatory requirements. The
violations are as follows:
a. 10 CFR 50.9(a) requires, in part, that information provided to the Commission by a
licensee or information required by statute or by the Commissions regulations,
orders or license conditions to be maintained by the licensee shall be complete and
accurate in all material respects.
Contrary to the above, TVA provided information to the Commission that was not
complete and accurate in all material respects as evidenced by the following two
examples:
In a letter dated June 29, 2010, TVA provided inaccurate information to the
NRC indicating that the minimum staffing levels stated in their licensing basis
were not required to achieve safe shutdown on the three-unit site during an
Appendix R fire event. TVAs letter stated, TVA has assessed the number of
operators required to carry out the SSIs. The most demanding staffing is
required by 0-SSI-16, "Control Building Fire EL (elevation) 593 Through EL
617." The evaluation concludes that the minimum staffing of three USs (Unit
Supervisors), six ROs (Reactor Operators), and eight AUOs (Auxiliary Unit
Operators) is adequate for successful implementation of this SSI. This
information was inaccurate because the licensee needed an additional SRO
(Senior Reactor Operator) to successfully implement 0-SSI-16.
In a letter dated November 30, 2011, TVA provided inaccurate information to
the NRC indicating that the minimum staffing levels stated in their licensing
3
basis were not required to achieve safe shutdown on the three-unit site during
an Appendix R fire event. TVAs letter stated, Total staffing level is one
Shift Manager (SM), three Unit Supervisors (US), Six ROs, and eight AUOs.
One of the US may be the STA (Shift Technical Advisor) This statement
was inaccurate because the minimum staffing levels stated in their licensing
basis were required to achieve safe shutdown on the three-unit site during an
10 CFR 50, Appendix R fire event.
The above information was material to the NRC because it was reviewed by the
NRC staff to determine compliance with regulatory requirements.
b. 10 CFR 50.90 requires, in part, that whenever a holder of an operating license
under this part desires to amend the license or permit, application for an
amendment must be filed with the Commission, as specified in 10 CFR 50.4, fully
describing the changes desired, and following as far as applicable, the form
prescribed for original applications.
Contrary to the above, from June 29, 2010 to October 30, 2013, the licensee
inappropriately amended the requirements of their license without filing an
application for an amendment as specified in 10 CRFR 50.4. Specifically, the
licensee inappropriately changed the requirements for site staffing incorporated as
part of license amendments 271, 300, and 259, without submission of a license
amendment request. The licensees actions to amend staffing levels via a
commitment change resulted in bypassing the review and approval that would
occur as part of the license amendment process.
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2. Based on TVAs review of the incident and NRCs concerns with respect to precluding
recurrence of the violations, TVA agrees to implement and continue to implement
corrective actions and enhancements specified in Section V of this Confirmatory Order.
3. The NRC considers the corrective actions and enhancements discussed in Section V of
this Confirmatory Order to be appropriately prompt and comprehensive to address the
causes which gave rise to the incident discussed in the NRCs Inspection Report of
February 14, 2014.
4. Based on the corrective actions and enhancements described above, NRC will conduct
follow-up inspections using NRC Manual Chapter Inspection Procedure 92702 to
confirm, among other things, the thoroughness and adequacy of the actions specified in
Section V of this Confirmatory Order. Close out inspection of the corrective actions
documented in this Confirmatory Order will make the need for additional follow up
inspection of the violations unnecessary.
5. The NRC and TVA agree that the above elements will be incorporated into issuance of a
Confirmatory Order.
6. In consideration of the commitments delineated above and in Section V of this
Confirmatory Order, the NRC agrees to refrain from proposing a civil penalty or issuing a
Notice of Violation for all matters discussed in the NRCs IR to TVA of February 14, 2014
(EA-14-005).
7. This agreement is binding upon successors and assigns of TVA.
5
On April 25, 2014, TVA consented to issuance of this Order with the commitments, as described
in Section V below. The Licensee further agreed that this Order is to be effective 30 days after
issuance and that it has waived its right to a hearing.
IV
Because the licensee has agreed to take additional actions to address NRCs concerns, as set
forth in Section V of this Confirmatory Order, the NRC has concluded that its concerns can be
resolved through issuance of this Confirmatory Order.
I find that TVAs 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 requires that TVAs
commitments be confirmed by this Order. Based on the above and TVAs consent, this
Confirmatory Order is effective 30 days after issuance.
V
Accordingly, pursuant to Sections 104b., 161b., 161i., 161o., 182, and 186 of the Atomic Energy
Act of 1954, as amended, and the Commissions regulations in 10 CFR 2.202 and 10 CFR Parts 50, IT IS HEREBY ORDERED, THAT LICENSE NOS. DPR-33, DPR-52 AND DPR-68 ARE
MODIFIED AS FOLLOWS:
6
1. TVA agrees to implement, or continue to implement, the following corrective actions
and enhancements:
a. Actions related to the violation of 10 CFR 50.9, Completeness and Accuracy of
Information:
i. Fleet-wide:
1. By no later than September 1, 2014, TVA will revise and issue a
fleet-wide procedure governing the preparation of information
intended to support licensing submittals to the NRC. The
procedure shall contain requirements for the preparation (including
specifications for draft information), verification, and management
oversight of this information, and will delineate acceptable
validation documents. The procedure will include an overt
discussion of the roles and responsibilities for individuals involved.
BFN will provide training in accordance with the procedure change
process.
ii. BFN-specific:
1. By no later than May 23, 2014, TVA will design, develop, and
implement a BFN Integrated Completeness and Accuracy Review
Evaluation Board (ICAREB). The ICAREB will be chartered to
provide pre-submittal reviews of correspondence and supporting
documentation for BFN licensing submittals to the NRC, including
7
those prepared by BFN staff and Corporate Nuclear. Specific
criteria for dissolution of the ICAREB will be established, but it will
remain active, at a minimum, until a fleet-wide procedure
governing the preparation of information intended to support
licensing submittals to the NRC is active.
2. By no later than August 21, 2014, BFN Licensing will prepare a
benchmarking report identifying industry best practices in the area
of 10 CFR 50.9 compliance in the preparation and validation of
inputs to NRC submittals. This report will be made available to the
NRC for review. BFN will consider benchmarking results, as
appropriate, for implementation.
b. Actions related to the violation of 10 CFR 50.90:
i. Fleet-wide:
1. By July 15, 2014, TVA will benchmark nuclear industry
methodologies used to maintain Licensing Bases Documents. A
report on this activity will be made available to the NRC for review.
BFN will consider benchmarking results for implementation.
2. By no later than August 15, 2014, TVA will develop and issue a
fleet-wide Licensing Compliance Review Procedure to establish
the process for verifying that changes to NPG administrative and
technical procedures not covered under the 10 CFR 50.59 review
process are reviewed for conformance to the current licensing
basis. BFN will provide training in accordance with the procedure
8
change process.
3. By no later than August 15, 2014, TVA will revise NPG-SPP-01.1
and NPG-SPP-01.2 to incorporate the Licensing Compliance
Review process, including verification of compliance.
4. By no later than September 26, 2014, TVA will convert NLDP-5
FSAR Management to an NPG Standard Programs and
Processes (SPP) procedure. BFN will provide training in
accordance with the procedure change process.
5. By no later than June 13, 2014, TVA will implement, via an
independent entity, a review of the 10 CFR 50.9 and 10 CFR
50.90 Root Cause Analysis reports to assess the completeness
and adequacy of the identified root/contributing causes, extent of
cause, extent of condition and CAPRs/CAs. The deliverable from
this review will be a report with documented recommendations.
TVA will consider these recommendations for implementation.
6. By no later than July 15, 2015, TVA will implement, via an
independent entity, an effectiveness review of the corrective
actions completed to date with regard to the 10 CFR 50.9 and 10
CFR 50.90 Root Cause Analyses.
ii. BFN-specific:
1. TVA completed a snapshot self-assessment to verify if
commitments are being implemented accurately on March 25,
2014.
2. TVA acknowledges that there have been previous instances
9
where repetitive PERs were submitted on the issue of adequate
staffing and the issue was ineffectively resolved. BFN commits to
close the CAP Fundamental Problem that was identified under the
95003 that resulted in significant programmatic and organizational
changes in TVAs CAP by no later than April 9, 2014. In addition,
the NRC recently closed the 95003 Tier 1 CAL Commitment in the
3. By no later than May 2, 2014, TVA will develop and implement an
Interim Licensing Compliance Review Checklist for use by
procedure writing organizations and document reviewers to ensure
the correct licensing basis documents are referenced when
revising procedures. This Interim Licensing Compliance Review
Checklist will be used until issuance of a revised Licensing
Compliance Review Procedure. (b.i.2 Fleet-wide action above).
4. By no later than November 26, 2014, TVA will perform a detailed
review of all procedures revised prior to August 15, 2014, during
the Procedure Upgrade Project to ensure that the licensing basis
information required by the revised SPP-01.1 and SPP-01.2 is
identified. This review will include all licensing, administrative and
governance procedures. The revised procedures will
institutionalize the licensing review process and provide
sustainability from that point forward in the Procedure Upgrade
Project.
5. By no later than November 28, 2014, TVA will complete training of
BFN Engineering, Licensing and licensed Operators regarding the
scope and hierarchy of licensing basis documents, lessons
10
learned from circumstances associated with EA-14-005, and the
associated change process. The training material will be available
for NRC review.
6. Through December 31, 2014, changes to BFN licensing
commitments will be reviewed and approved by a second site
licensing engineer in addition to review and approval by site
licensing. The focus of this additional review will be to ensure that
the correct regulatory change process(es) has/have been used.
This action will be discontinued upon completion of the training
encompassed in item 5 above.
7. By December 31, 2015, TVA will review a sample of facility
changes, based on plant risk and complexity, that have occurred
from 2004 to May 2014, to determine whether these changes have
been appropriately incorporated into the licensing basis
documents. TVAs method of selecting facility changes to be
sampled will be provided to the NRC by July 15, 2014. Any
identified discrepancies will be dispositioned through the corrective
action process. The results of this review will be made available to
the NRC.
8. By December 31, 2015, TVA will review a sample of BFN facility
changes, based on plant risk and complexity, accomplished within
the last 3 years and processed outside of the 10 CFR 50.59
process to determine whether these changes have been
appropriately incorporated into the licensing basis documents.
TVAs method of selecting facility changes to be sampled will be
provided to the NRC by July 15, 2014. Any identified
11
discrepancies will be dispositioned through the corrective action
process. The results of this review will be made available to the
NRC.
9. By December 31, 2014, TVA will make a presentation to the 1)
Regulatory Issue Working Group and 2) the Regulating Utility
Group regarding the circumstances of the violations discussed
above and the importance of leadership attention to the effective
management of the current licensing basis and complete and
accurate communications with the NRC. The presentation will be
made available to the NRC in advance.
c. Prior to July 15, 2014, TVA will perform, via an independent entity, a reevaluation
of Operations minimum shift staffing. The results of that staffing evaluation will
be documented as a reference to OPDP-1, Conduct of Operations.
d. Upon completion of the terms of items of the Confirmatory Order, TVA will provide
the NRC with a letter discussing its basis for concluding that the Order has been
satisfied.
The Regional Administrator, NRC Region II, may relax or rescind, in writing, any of the above
conditions upon a showing by TVA of good cause.
VI
Any person adversely affected by this Order, other than TVA, may submit a written answer
and/or request a hearing on this Order within 30 days from the date of this Order, pursuant to 10
12
CFR 2.302 and 10 CFR 2.309. 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,
Washington, DC 20555-0001, and include a statement of good cause for the extension.
If a hearing is requested by a person whose interest is adversely affected, the Commission will, if
appropriate, 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 Order should be sustained.
All documents filed in the NRC adjudicatory proceedings, including a request for a 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
NRCs E-Filing rule at 10 CFR 2.302. The E-Filing process requires participants to submit and
serve all adjudicatory documents over the internet, or to physically deliver or mail a copy of
documents on optical storage media. Participants may not submit paper copies of their filings
unless they seek and receive 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 e-mail at
hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to request (1) a digital identification
(ID) certificate, which allows the participant (or its counsel or representative) to digitally sign
documents and access the E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a request or petition for hearing
(even in instances in which the participant, or its counsel or representative, already holds an
NRC-issued digital certificate). Based on this information, the Secretary will establish an
13
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 NRCs public Web site at
http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for
accessing the E-Submittal server are detailed in the NRCs Guidance for Electronic
Submission, which is available on the NRCs public Web site at http://www.nrc.gov/site-help/e-
submittals.html. Participants may attempt to use other software not listed on the Web site, but
should note that the NRCs E-Filing system does not support unlisted software, and the NRC
Meta System 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 NRCs online, Web-based
submission form. In order to serve documents through the Electronic Information Exchange
System, users will be required to install a Web browser plug-in obtained from the NRCs Web
site. Further information on the Web-based submission form, including the installation of the
Web browser plug-in, is available on the NRCs public Web site at http://www.nrc.gov/site-
help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a docket has been created, the
participant can then submit a request for a hearing or petition for leave to intervene.
Submissions should be in Portable Document Format (PDF) in accordance with the NRC
guidance available on the NRCs public Web site at http://www.nrc.gov/site-help/e-
submittals.html. A filing is considered complete at the time the documents are submitted
through the NRCs 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
14
transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail
notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice
that provides access to the document to the NRCs 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 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 NRCs adjudicatory E-Filing system may seek assistance
by contracting the NRC Meta System Help Desk thorough the Contact Us link located on the
NRCs public Web site at http://www.nrc/gov/site-help/e-submittals.html, by e-mail to
MSHD.Resource@nrc.gov, or by a toll free call to 1- 866-672-7640. The NRC Meta System
Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday,
excluding government holidays.
Participants who believe that they have a good cause for not submitting documents
electronically must file an extension request, in accordance with 10 CFR 2.302(g), with their
initial paper filing requesting authorization to continue to submit documents in paper format.
Such filings must be submitted by: (1) first-class mail addressed to the Office of the Secretary of
the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service
to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all other participants.
Filing is considered complete by first-class mail as of the time of deposit in the mail, or by
15
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 the reason for the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRCs 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 submissions.
If a person other than the licensee requests a hearing, that person shall set forth with
particularity the manner in which his/her interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
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 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.
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FOR THE NUCLEAR REGULATORY COMMISSION
__/RA/_________________________________________
Leonard D. Wert
Deputy Regional Administrator for Operations
Dated this 1st day of May 2014.
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