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Category:Letter
MONTHYEARIR 05000346/20243012024-02-0202 February 2024 NRC Initial License Examination Report 05000346/2024301 IR 05000346/20230042024-01-31031 January 2024 Integrated Inspection Report 05000346/2023004 ML23313A1352024-01-17017 January 2024 Authorization and Safety Evaluation for Alternative Request RP 5 for the Fifth 10 Year Interval Inservice Testing Program ML23353A1192023-12-19019 December 2023 Operator Licensing Examination Approval Davis Besse Nuclear Power Station, January 2024 L-23-260, Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station2023-12-0707 December 2023 Corrections to the 2022 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station L-23-243, Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-12-0606 December 2023 Independent Spent Fuel Storage Installation - Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23338A3172023-12-0606 December 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000346/2024001 IR 05000346/20234032023-11-0202 November 2023 Security Baseline Inspection Report 05000346/2023403 ML23293A0612023-11-0101 November 2023 Letter to the Honorable Marcy Kaptur, from Chair Hanson Responds to Letter Regarding Follow Up on Concerns Raised by Union Representatives During the June Visit to the Davis-Besse Nuclear Power Plant L-23-215, Changes to Emergency Plan2023-10-19019 October 2023 Changes to Emergency Plan ML23237B4222023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Letter Regarding Order Approving Transfer of Licenses and Draft Conforming License Amendments ML23269A1242023-09-27027 September 2023 Request for Withholding Information from Public Disclosure IR 05000346/20234012023-09-13013 September 2023 Security Baseline Inspection Report 05000346/2023401 (Public) L-23-205, Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-09-12012 September 2023 Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments L-23-172, Quality Assurance Program Manual2023-08-31031 August 2023 Quality Assurance Program Manual IR 05000346/20230112023-08-30030 August 2023 Biennial Problem Identification and Resolution Inspection Report 05000346/2023011 ML23129A1722023-08-25025 August 2023 Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Units 1 and 2; Davis Besse Nuclear Power Station, Unit 1; and Perry Nuclear Power Plant, Unit 1 IR 05000346/20230052023-08-24024 August 2023 Updated Inspection Plan for Davis-Besse Nuclear Power Station (Report 05000346/2023005) L-23-188, Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-08-0707 August 2023 Energy Harbor Nuclear Corp., Supplement to Application for Order Consenting to Transfer of Licenses and Conforming License Amendments IR 05000346/20230502023-08-0303 August 2023 Special Inspection Report 05000346/2023050 IR 05000346/20230902023-08-0101 August 2023 EA-23-002 Davis-Besse Nuclear Power Station - NRC Inspection Report No. 05000346/2023090 (Public) ML23178A2742023-08-0101 August 2023 Letter to the Honorable Marcy Kaptur from Chair Hanson Responds to Letter Regarding the License Transfer Application for the Davis-Besse Nuclear Power Station L-23-175, Submittal of Fifth Ten Year Inservice Testing Program2023-08-0101 August 2023 Submittal of Fifth Ten Year Inservice Testing Program IR 05000346/20230022023-07-27027 July 2023 Integrated Inspection Report 05000346/2023002 ML23193A7842023-07-13013 July 2023 Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection 05000346/2023402 ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III ML23160A2342023-06-13013 June 2023 Confirmation of Initial License Examination L-23-034, 2022 Annual 10 CFR 50.46 Report of Changes to or Errors in Emergency Core Cooling System Evaluation Models2023-06-13013 June 2023 2022 Annual 10 CFR 50.46 Report of Changes to or Errors in Emergency Core Cooling System Evaluation Models IR 05000346/20235012023-06-13013 June 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000346/2023501 L-23-135, Response to Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-05-31031 May 2023 Response to Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations L-23-065, Annual Financial Report2023-05-22022 May 2023 Annual Financial Report ML23124A1742023-05-17017 May 2023 Energy Harbor Fleet Vistra License Transfer - Request for Withholding Information from Public Disclosure for Commance Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 ML23129A0112023-05-16016 May 2023 Notice of Consideration of Approval of Indirect and Direct License Transfer for Comanche Peak Plant, Units 1 & 2, Beaver Valley Station, Units 1 & 2, Davis Besse Station, Unit 1 and Perry Plant, Unit 1 (EPID L-2023-LLM-0000) (Letter) ML23131A2732023-05-15015 May 2023 Notification of NRC Supplemental Inspection 95001 and Request for Information L-23-101, Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station - 20222023-05-12012 May 2023 Combined Annual Radiological Environmental Operating Report and Radioactive Effluent Release Report for the Davis-Besse Nuclear Power Station - 2022 L-23-131, Readiness for Resumption of NRC Supplemental Inspection2023-05-12012 May 2023 Readiness for Resumption of NRC Supplemental Inspection IR 05000346/20230102023-05-0909 May 2023 Commercial Grade Dedication Inspection Report 05000346/2023010 ML23123A1272023-05-0303 May 2023 Information Request to Support Upcoming Problem Identification and Resolution Inspection at Davis-Besse Nuclear Power Station IR 05000346/20230012023-05-0101 May 2023 Integrated Inspection Report 05000346/2023001 and 07200014/2022001 L-23-092, Occupational Radiation Exposure Report for Year 20222023-04-27027 April 2023 Occupational Radiation Exposure Report for Year 2022 ML23111A1972023-04-26026 April 2023 Information Meeting with Question and Answer Session to Discuss NRC 2022 End-of-Cycle Plant Performance Assessment of Davis-Besse Nuclear Power Plant Station ML23114A1062023-04-25025 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection CP-202300181, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-20020 April 2023 ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, ISFSI, Corrected Affidavit for Application for Order Consenting to Transfer of Licenses and Conforming License Amendments CP-202300157, ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments2023-04-14014 April 2023 ISFSI, Beaver Valley, Units 1 and 2, ISFSI, Davis-Besse, Unit 1, ISFSI, Perry, Unit 1, and ISFSI, Application for Order Consenting to Transfer of Licenses and Conforming License Amendments ML23096A1382023-04-11011 April 2023 Review of the Spring 2022 Steam Generator Tube Inspection Report L-23-061, Submittal of the Decommissioning Funding Status Reports2023-03-31031 March 2023 Submittal of the Decommissioning Funding Status Reports L-23-037, and Perry Nuclear Power Plant - Independent Spent Fuel Storage Installation Changes, Tests, and Experiments2023-03-29029 March 2023 and Perry Nuclear Power Plant - Independent Spent Fuel Storage Installation Changes, Tests, and Experiments L-23-066, Annual Notification of Property Insurance Coverage2023-03-21021 March 2023 Annual Notification of Property Insurance Coverage ML23066A2892023-03-14014 March 2023 Request for Threshold Determination Under 10 CFR 50.80 and 10 CFR 72.50 for an Amendment to the Voting Agreement ML23066A2592023-03-14014 March 2023 Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Units 1 and 2, Davis Besse Nuclear Power Station, Unit 1, and Perry Nuclear Power Plant, Unit 1 2024-02-02
[Table view] Category:Order Modifying License
MONTHYEARL-16-230, Request for Schedule Relief/Relaxation from NRC Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049)2016-07-11011 July 2016 Request for Schedule Relief/Relaxation from NRC Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events (Order Number EA-12-049) ML12054A7352012-03-12012 March 2012 Issuance of Order to Modify Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events ML12054A6792012-03-12012 March 2012 Issuance of Order to Modify Licenses with Regard to Reliable Spent Fuel Pool Instrumentation ML12056A0452012-03-12012 March 2012 Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events ML12056A0442012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status NRC-2012-0068, Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events2012-03-12012 March 2012 Order Modifying Licenses with Regard to Requirements for Mitigation Strategies for Beyond-Design-Basis External Events NRC-2012-0067, Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status2012-03-12012 March 2012 Order Modifying Licenses with Regard to Reliable Spent Fuel Pool Instrumentation (Effective Immediately) - to All Power Reactor Licensees and Holders of Construction Permits in Active or Deferred Status ML0519603542005-07-15015 July 2005 EA-04-224, Commitments to Be Confirmed by Order Modifying License (Effective Immediately) ML0333605172004-02-26026 February 2004 Letter, Conditions to Be Confirmed by Order Modifying License (Effective Immediately) ML0402201812004-02-20020 February 2004 Issuance of Revised NRC Order EA-03-009 Establishing Interim Inspection Requirements for Reactor Pressure Vessel Heads at Pressurized Water Reactors ML0307004282003-03-14014 March 2003 Errata to Issuance of Order Establishing Interim Inspection Requirements for Reactor Pressure Vessel Heads at Pressurized Water Reactors ML0318204412003-03-0606 March 2003 Email Dated March 6, 2003, from Dr. Ed Siegel to A. Hiser, W. Bateman, and T. Chan, Fwd: Fyi: Questions? Comments? ML0303804702003-02-11011 February 2003 Issuance of Order Establishing Interim Inspection Requirements for Reactor Pressure Vessel Heads at Pressurized Water Reactors ML0304103852003-02-11011 February 2003 Plant Service Lists Attachment to Order - Reactor Vessel Head and Nozzle Inspection ML0300603602003-01-0707 January 2003 Issuance of Order for Compensatory Measures Related to Access Authorization ML0228700082002-10-16016 October 2002 Enclosures 1 & 2, Order for Interim Safeguards & Compensatory Measures for Dry Independent Spent Fuel Storage Installation & Regulatory Issuance Summary 2002-12D 2016-07-11
[Table view] Category:Order
MONTHYEARML23237B4412023-09-29029 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Federal Register Notice, Direct and Indirect License Transfer Issuance Order ML23237B4282023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 2, Draft Conforming License Amendments ML23237B4302023-09-28028 September 2023 Energy Harbor Nuclear Corp. - Vistra Operations Company LLC - Enclosure 4, Safety Evaluation for Transfer of Licenses and Draft Conforming License Amendments (EPID L-2023-LLM-0000) (Public) ML19303C9532019-12-0202 December 2019 Firstenergy Nuclear Operating Company - Enclosure 1, Order, Direct and Indirect Transfer of Licenses and Draft Conforming Amendments for Beaver Valley Units 1 and 2, Davis-Besse Unit 1, and Perry Unit 1 ML13228A3992013-08-12012 August 2013 Letter to Holders of Independent Spent Fuel Storage Installation (ISFSI) Licenses Re Rescission of Certain Security Orders Concerning Spent Nuclear Fuel in Transit - Rin 3150-AI64 (NRC-2009-0163) EA-02-109 ML0722605352007-08-15015 August 2007 Confirmatory Order (Effective Immediately) Firstenergy Nuclear Operating Company ML0713403332007-05-14014 May 2007 First Energy Nuclear Operating Company (FENOC) (Davis-Besse Nuclear Power Plant; Perry Nuclear Power Plant; Beaver Valley Nuclear Plant, Units 1 and 2) - Demand for Information ML0619902522006-12-28028 December 2006 Order Approving Application Regarding Proposed Corporate Restructuring ML0619905242006-12-28028 December 2006 Order Approving Application Regarding Proposed Corporate Restructuring ML0535601192006-01-0404 January 2006 IA-05-055, Order (Effective Immediately) Prohibiting Involvement in NRC-Licensed Activities (NRC Special Inspection Report No. 50-346/2002-08(DRS)) (NRC Investigation Report No. 3-2002-006) ML0534601822005-12-16016 December 2005 Corrected Order Approving Transfer of Licensees and Conforming Amendments Related to Beaver Valley, Units 1 and 2, Davis-Besse, Unit 1 and Perry Unit 1 ML0519603542005-07-15015 July 2005 EA-04-224, Commitments to Be Confirmed by Order Modifying License (Effective Immediately) ML0510905372005-04-21021 April 2005 Order Prohibiting Involvement in NRC-Licensed Activities (NRC Special Inspection Report No. 05000346-02-008(DRS)) ML0309106252003-04-29029 April 2003 EA-03-039, Addressee List, (Order Issued by Program Office or OE for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Per ML0309401982003-04-29029 April 2003 Issuance of Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel ML0224202422002-08-29029 August 2002 Draft Memo from Samuel Collins Re Davis-Besse Nuclear Power Station, Unit 1 - Issuance of Order for Responses to Bulletin 2001-01 ML0224202352002-08-29029 August 2002 Draft Ltr from Samuel Collins Re Davis-Besse Nuclear Power Station, Unit 1 - Issuance of Order for Responses to Bulletin 2001-01 ML0224202312002-08-29029 August 2002 Draft Memo from Samuel Collins Re Issuance of Order Re Responses to Bulletin 2001-01 2023-09-29
[Table view] Category:Confirmatory
MONTHYEARML0722605352007-08-15015 August 2007 Confirmatory Order (Effective Immediately) Firstenergy Nuclear Operating Company ML0519603542005-07-15015 July 2005 EA-04-224, Commitments to Be Confirmed by Order Modifying License (Effective Immediately) 2007-08-15
[Table view] |
Text
July 15, 2005 EA-04-224 Mr. Mark B. Bezilla Vice President-Nuclear, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760
SUBJECT:
COMMITMENTS TO BE CONFIRMED BY ORDER MODIFYING LICENSE (EFFECTIVELY IMMEDIATELY)
Dear Mr. Bezilla:
The enclosed Confirmatory Order is being issued to FirstEnergy Nuclear Operating Company (FENOC) to confirm recent commitments made to the U.S. Nuclear Regulatory Commission (NRC). The commitments were made by FENOC as part of a settlement agreement between FENOC and the NRC concerning an apparent violation involving a former AVI assistant manager, a catering supervisor, and a catering/delivery employee who were threatened by AVI management with termination of employment for attempting to raise a fitness-for-duty (FFD) concern about an AVI cashier at Davis-Besse. The settlement agreement was discussed with your staff during an alternative dispute resolution (ADR) session held at Davis-Besse Nuclear Power Station in Oak Harbor, Ohio, on May 11, 2005. The elements of the settlement agreement formulated and agreed to at the mediation session were documented in a letter from you to the NRC dated June 15, 2005, and are also contained in Section V of the enclosed Order.
As part of the settlement agreement, FENOC agreed to provide safety conscious work environment training for contractor personnel who are granted unescorted access to Davis-Besse and the other FENOC nuclear facilities. In view of the Confirmatory Order, consent by FENOC thereto as evidenced by your signed Consent and Hearing Waiver Form (copy enclosed) dated July 6, 2005, and subject to the satisfactory completion of the conditions of the Confirmatory Order by FENOC, the NRC will not issue a Notice of Violation for this issue and will not count this matter as previous enforcement for the purposes of assessing potential future enforcement action civil penalty assessments in accordance with Section VI.C of the Enforcement Policy. We will, however, evaluate the implementation of your commitments related to employee protection during future inspections.
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.
M. Bezillia Questions concerning this Confirmatory Order should be addressed to Russell Arrighi, NRC Office of Enforcement, who can be reached at 301-415-3936 or via e-mail at rja1@nrc.gov.
In accordance with 10 CFR 2.390 of the NRC's "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 (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The NRC also includes significant enforcement actions on its Web site at www.nrc.gov; select What We Do, Enforcement, then Significant Enforcement Actions. To the extent possible, your response to this Confirmatory Order should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
Sincerely,
/RA/
Michael R. Johnson, Director Office of Enforcement Docket No. 50-346 License No. NPF-3
Enclosures:
- 1. Confirmatory Order
- 2. Copy of Consent and Hearing Waiver Form dated July 6, 2005 cc w/out encl: The Honorable Dennis Kucinich G. Leidich, President - FENOC J. Hagan, Senior Vice President Engineering and Services, FENOC L. Myers, Chief Operating Officer, FENOC Plant Manager Manager - Regulatory Compliance M. OReilly, Attorney, FirstEnergy Ohio State Liaison Officer R. Owen, Administrator, Ohio Department of Health Public Utilities Commission of Ohio President, Board of County Commissioners of Lucas County
M. Bezillia DISTRIBUTION:
ADAMS (PARS)
M. Johnson, OE J. Luehman, OE R. Arrighi, OE J. Moore, OGC J. Longo, OGC S. Brock, OGC J. Dyer, NRR J. Craig, NRR P. Bonnett, NRR G. Suh, NRR, DLPM D. Thatcher, NRR, DLPM S. Sands, NRR, DLPM Davis-Besse Senior Resident Inspector G. Caputo, OI R. Paul, RIII:OI J. Caldwell, RIII:RA J. Strasma, RIII:PA K. OBrien, RIII G. Grant, RIII C. Thomas, RIII R. Lickus, RIII P. Buckley, RIII RidsRgn3Drp RidsRgn3Drs J. Kwaiser, RIII C. Pederson, RIII,DRS DB0350 (e-mail)
RidsNrrDipmIipb EA File OE r/f ADAMS ACCESSION NO.: ML051960354 E:\Filenet\ML051960354.wpd *See previous concurrence OFFICE OE:ES* OGC* OE:DD OE:D NAME RArrighi SBrock JLuehman MJohnson DATE 7/07/05 7/08/05 7/12/05 7/14/05 C = COVER E = COVER & ENCLOSURE N = NO COPY
[7590-01-P]
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of FirstEnergy Nuclear Operating Company ) Docket No. 50-346 Davis-Besse Nuclear Power Station ) License No. NPF-3 5501 North State Route 2 ) EA-04-224 Oak Harbor, OH 43449-9760 )
CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE IMMEDIATELY)
I FirstEnergy Nuclear Operating Company (FENOC or Licensee) is the holder of Facility Operating License No. NPF-3 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on April 22, 1977. The license authorizes the operation of Davis-Besse Nuclear Power Station, Unit 1 (Davis-Besse), in accordance with conditions specified therein. The facility is located on the Licensee's site in Ottawa County, Ohio.
II On February 9, 2004, and July 8, 2004, the NRCs Office of Investigations (OI) began investigations to determine if former AVI Food Systems, Inc. (AVI) employees at Davis-Besse were the subject of employment discrimination in violation of 10 CFR 50.7. In OI Report Nos. 3-2004-006 and 3-2004-018, OI concluded that AVI employees were the subject of discrimination. By letter dated February 25, 2005, the NRC identified to the Licensee the NRCs concern and offered FENOC the opportunity to attend a predecisional enforcement conference or to request alternative dispute resolution (ADR) in which a neutral mediator with no decision-making authority would facilitate discussions between the NRC and FENOC and, if
possible, assist the NRC and FENOC in reaching an agreement on resolving the concern.
FENOC chose to participate in ADR. On May 11, 2005, the NRC and FENOC met at the Davis-Besse facility in Oak Harbor, Ohio in an ADR session mediated by a professional mediator, arranged through Cornell Universitys Institute on Conflict Resolution. As part of the ADR session, based upon the facts discussed during the mediation session and the commitments noted in Section IV below, the NRC will not issue a notice of violation for this issue and will not count this matter as previous enforcement for the purposes of assessing potential future enforcement action civil penalty assessments in accordance with Section VI.C of the Enforcement Policy.
III By letter dated June 15, 2005, the Licensee stated that in addition to the actions already taken by FENOC to promote a safety conscious work environment (SCWE) at the FENOC nuclear facilities, the Licensee agreed to take certain additional corrective measures to emphasize the importance of a SCWE. The agreed-upon additional actions noted in Section IV of this Confirmatory Order focus on SCWE training for contractor personnel who are granted unescorted access to Davis-Besse and the other FENOC nuclear facilities.
On July 6, 2005, FENOC consented to the NRC issuing this Confirmatory Order with the commitments, as described in Section IV below. The Licensee further agreed in its July 6, 2005, letter that this Order is to be effective upon issuance and that it has waived its right to a hearing. The NRC has concluded that its concerns can be resolved through NRCs confirmation of the Licensees commitments as outlined in this Order.
I find that the Licensees commitments as set forth in Section IV 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 the public health and safety require that the Licensee's commitments be confirmed by this Order. Based on the above and the Licensees consent, this Order is immediately effective upon issuance. FENOC is required to provide the NRC with a letter summarizing its actions when all of the Section IV requirements have been completed.
IV Accordingly, pursuant to Sections 103, 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 30, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT LICENSE NO. NPF-3 IS MODIFIED AS FOLLOWS:
- 1. By no later than August 31, 2005, FENOC will provide contractors who are granted unescorted access to FENOC nuclear facilities with SCWE training that is equivalent to the SCWE training provided to FENOC employees as part of Plant Access Training.
- 2. By no later than August 31, 2005, FENOC will review the SCWE training module included in Plant Access Training and make any changes necessary to ensure that the module clearly reinforces that FENOC SCWE policies and NRC employee protection requirements (10 CFR 50.7) apply to all personnel working on behalf of FENOC, specifically including contractor employees, supervision, and management.
- 3. By no later than August 31, 2005, FENOC will provide specific training to the Davis-Besse food services contractor management and supervision involved in the
provision of services to FENOC on SCWE principles, FENOC SCWE policies, and NRC employee protection requirements (10 C.F.R. 50.7). This training will be comparable to the SCWE training that has been provided to FENOC management and supervision.
- 4. By no later than August 31, 2005, FENOC will include surveys of contractor personnel as part of the quarterly FENOC performance monitoring of SCWE at its nuclear facilities. These surveys are performed annually. Other data relied upon in the quarterly performance monitoring already includes the activities of contractor personnel in the calculation of the applicable performance measures.
The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon a showing by the Licensee of good cause.
V Any person adversely affected by this Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance. 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. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, to the Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and to the Licensee. Because of continuing disruptions in
delivery of mail to United States Government offices, it is requested that requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If a person requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR § 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.
A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Michael R. Johnson, Director Office of Enforcement Dated this 15th day of July 2005