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Federal Register / Vol. 70, No.

182 / Wednesday, September 21, 2005 / Notices 55427

contentions which the petitioner/ Commission, U.S. Nuclear Regulatory NUCLEAR REGULATORY
requestor seeks to have litigated at the Commission, Washington, DC 20555– COMMISSION
proceeding. 0001, Attention: Rulemaking and [Docket No. 50–346]
Each contention must consist of a Adjudications Staff; (2) courier, express
specific statement of the issue of law or mail, and expedited delivery services: Firstenergy Nuclear Operating
fact to be raised or controverted. In Office of the Secretary, Sixteenth Floor, Company; Davis-Besse Nuclear Power
addition, the petitioner/requestor shall One White Flint North, 11555 Rockville Station, Unit 1; Notice of Withdrawal of
provide a brief explanation of the bases Application for Amendment to Facility
Pike, Rockville, Maryland 20852,
for the contention and a concise Operating License
statement of the alleged facts or expert Attention: Rulemaking and
opinion which support the contention Adjudications Staff; (3) E-mail The U.S. Nuclear Regulatory
and on which the petitioner intends to addressed to the Office of the Secretary, Commission (the Commission) has
rely in proving the contention at the U.S. Nuclear Regulatory Commission, granted the request of FirstEnergy
hearing. The petitioner/requestor must HEARINGDOCKET@NRC.GOV; or (4) Nuclear Operating Company (the
also provide references to those specific facsimile transmission addressed to the licensee) to withdraw its May 3, 2004,
sources and documents of which the Office of the Secretary, U.S. Nuclear application for proposed amendment to
petitioner is aware and on which the Regulatory Commission, Washington, Facility Operating License No. NPF–3;
petitioner intends to rely to establish DC, Attention: Rulemakings and for the Davis-Besse Nuclear Power
those facts or expert opinion. The Adjudications Staff at (301) 415–1101, Station (DBNPS), Unit 1, located in
petition must include sufficient verification number is (301) 415–1966. Ottawa County, Ohio.
information to show that a genuine A copy of the request for hearing and The proposed amendment would
dispute exists with the applicant on a have changed the facility as described in
petition for leave to intervene should
material issue of law or fact. the DBNPS Updated Safety Analysis
also be sent to the Office of the General
Contentions shall be limited to matters Report to modify the design
Counsel, U.S. Nuclear Regulatory requirements for the emergency diesel
within the scope of the amendment Commission, Washington, DC 20555–
under consideration. The contention generators (EDGs). Specifically, the
0001, and it is requested that copies be proposed amendment would have
must be one which, if proven, would transmitted either by means of facsimile
entitle the petitioner to relief. A allowed a departure from the regulatory
transmission to (301) 415–3725 or by e- position of Safety Guide 9, ‘‘Selection of
petitioner/requestor who fails to satisfy
mail to OGCMailCenter@nrc.gov. A copy Diesel Generator Set Capacity for
these requirements with respect to at
least one contention will not be of the request for hearing and petition Standby Power Supplies,’’ for the
permitted to participate as a party. for leave to intervene should also be frequency and voltage transient during
Those permitted to intervene become sent to Ms. Lisa F. Vaughn, Duke Energy the EDG automatic loading sequence.
parties to the proceeding, subject to any Corporation, 422 S. Church Street, Mail The Commission had previously
limitations in the order granting leave to Code–PB05E, Charlotte, NC 28201– issued a Notice of Consideration of
intervene, and have the opportunity to 1006, attorney for the licensee. Issuance of Amendment published in
participate fully in the conduct of the the Federal Register on May 25, 2004
For further details with respect to this (69 FR 29767). However, by letter dated
hearing. action, see the application for
If a hearing is requested, the August 29, 2005, the licensee withdrew
amendment dated September 15, 2005, the proposed change.
Commission will make a final
which is available for public inspection For further details with respect to this
determination on the issue of no
significant hazards consideration. The at the Commission’s PDR, located at action, see the application for
final determination will serve to decide One White Flint North, File Public Area amendment dated May 3, 2004
when the hearing is held. If the final O1 F21, 11555 Rockville Pike (first (Agencywide Documents Access and
determination is that the amendment floor), Rockville, Maryland. Publicly Management System (ADAMS)
request involves no significant hazards available records will be accessible from Accession No. ML041260319), as
consideration, the Commission may the Agencywide Documents Access and supplemented by letter dated April 28,
issue the amendment and make it Management System’s (ADAMS) Public 2005 (ADAMS Accession No.
immediately effective, notwithstanding Electronic Reading Room on the Internet ML051220367), and the licensee’s letter
the request for a hearing. Any hearing at the NRC Web site, http:// dated August 29, 2005 (ADAMS
held would take place after issuance of www.nrc.gov/reading-rm/adams.html. Accession No. ML052440346), which
the amendment. If the final Persons who do not have access to withdrew the application for license
determination is that the amendment ADAMS or who encounter problems in amendment. Documents may be
request involves a significant hazards accessing the documents located in examined, and/or copied for a fee, at the
consideration, any hearing held would ADAMS, should contact the NRC PDR NRC’s Public Document Room (PDR),
take place before the issuance of any Reference staff by telephone at 1–800– located at One White Flint North, Public
amendment. File Area 01 F21, 11555 Rockville Pike
397–4209, (301) 415–4737, or by e-mail
Nontimely requests and/or petitions (first floor), Rockville, Maryland.
to pdr@nrc.gov.
and contentions will not be entertained Publicly available records will be
absent a determination by the Dated at Rockville, Maryland, this 16th day accessible electronically from the
Commission or the presiding officer of of September 2005. ADAMS Public Electronic Reading
the Atomic Safety and Licensing Board For The Nuclear Regulatory Commission. Room on the internet at the NRC Web
that the petition, request and/or the Leonard N. Olshan, site, http://www.nrc.gov/reading-rm/
contentions should be granted based on Project Manager, Section 1, Project adams/html. Persons who do not have
a balancing of the factors specified in 10 Directorate II, Division of Licensing Project access to ADAMS or who encounter
CFR 2.309(c)(1)(i)–(viii). Management, Office of Nuclear Reactor problems in accessing the documents
A request for a hearing or a petition Regulation. located in ADAMS, should contact the
for leave to intervene must be filed by: [FR Doc. 05–18917 Filed 9–20–05; 8:45 am] NRC PDR Reference staff by telephone
(1) First class mail addressed to the at 1–800–397–4209, or (301) 415–4737
BILLING CODE 7590–01–P
Office of the Secretary of the or by e-mail to pdr@nrc.gov.

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55428 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices

Dated at Rockville, Maryland, this 14th day portable nuclear gauge on September 15, Consequently, I lack the requisite
of September 2005. 2003, from the ECS, Richmond, facility reasonable assurance that licensed
For the Nuclear Regulatory Commission. after deliberately providing materially activities can be conducted in
William A. Macon, Jr., inaccurate information to facility staff, compliance with the Commission’s
Project Manager, Section 2, Project with the knowledge that he was not requirements and that the health and
Directorate III, Division of Licensing Project authorized to possess licensed material safety of the public will be protected if
Management, Office of Nuclear Reactor and (2) took possession of several Mr. Myers were permitted at this time
Regulation. portable nuclear gauges on April 29, to be involved in NRC-licensed
[FR Doc. 05–18798 Filed 9–20–05; 8:45 am] 2004, and other undetermined dates activities. Therefore, the public health,
BILLING CODE 7590–01–P prior to this date, from the ECS, safety and interest require that Mr.
Chantilly Facility and transported them Myers be prohibited from any
to the State of Maine. Mr. Myers was not involvement in NRC-licensed activities
NUCLEAR REGULATORY licensed by the NRC as required under for a period of five (5) years from the
COMMISSION 10 CFR part 30 or an Agreement State, date of this Order. Furthermore,
[IA–05–042] to acquire or possess any of the gauges. pursuant to 10 CFR 2.202, I find that the
During a previous investigation (OI significance of Mr. Myers’ conduct
John Myers, Order Prohibiting Case No. 1–2004–018), issued on described above is such that the public
Involvement in NRC-Licensed November 30, 2004, the NRC also health, safety and interest require that
Activities (Effective Immediately) determined that in November 2003, Mr. this Order be immediately effective.
Myers took possession of a portable
I nuclear gauge from Triad Engineering, IV
John Myers (Mr. Myers) is owner, Inc. without a license to do so. On Accordingly, pursuant to sections 81,
President and sole employee of February 24, 2005, a Notice of Violation 161b, 161i, 161o, 182 and 186 of the
Universal Calibrations, located in was issued to Triad Engineering, Inc. for Atomic Energy Act of 1954, as amended,
Westbrook, Maine. Universal transferring licensed material to Mr. and the Commission’s regulations in 10
Calibrations does not possess a license Myers without verifying that he was CFR 2.202, 10 CFR 30.10, and 10 CFR
issued by the Nuclear Regulatory authorized to receive the material. 150.20, it is hereby ordered, effective
Commission pursuant to 10 CFR part 30 In all of the cases, Mr. Myers immediately, that:
or any Agreement State. Mr. Myers is transported the portable nuclear gauges 1. Mr. John Myers is prohibited from
certified by Campbell-Pacific Nuclear (containing NRC licensed radioactive engaging in NRC-licensed activities for
International, Inc. (CPN) a manufacturer material) that he acquired from the ECS a period of five (5) years from the date
of nuclear gauging devices, and an facilities and Triad Engineering, to his of this Order. NRC-licensed activities
Agreement State Licensee located in facility (UC) in the State of Maine, are those activities that are conducted
California, to sell and repair their knowing that he was not authorized to pursuant to a specific or general license
portable gauges and to train users in do so. issued by the NRC, including, but not
gauge operations. Mr. Myers performed limited to, those activities of Agreement
III State licensees conducted pursuant to
such services for Engineering
Consulting Service, (ECS, now ECS Mid- Based on the above, the NRC has the authority granted by 10 CFR 150.20.
Atlantic, LLC), an NRC licensee, based concluded that Mr. Myers, owner, 2. If Mr. John Myers is currently
on his CPN certifications. These services President and sole employee of involved in NRC-licensed activities, he
were provided to the licensee at its Universal Calibrations, deliberately must immediately cease those activities,
Richmond and Chantilly, Virginia violated 10 CFR 30.3 when he took and inform the NRC of the name,
facilities. possession of several portable gauging address and telephone number of the
devices containing licensed radioactive employer or other entity, and provide a
II material without a NRC or Agreement copy of this Order to the employer or
On April 9, 2004, the NRC Office of State license to possess byproduct other entity.
Investigations (OI) initiated an material. 10 CFR 30.3 requires that no 3. Subsequent to expiration of the five
investigation to determine if Mr. Myers person shall manufacture, produce, year prohibition, Mr. John Myers shall,
(1) deliberately provided materially transfer, receive, acquire, own, possess, for the next five years and within 20
inaccurate information to staff at the or use byproduct material except as days of acceptance of his first
ECS, Richmond, facility in order to authorized in a specific or general employment offer involving NRC-
purchase a portable nuclear gauge license. This requirement is intended to licensed activities or his becoming
containing NRC licensed material with assure that such persons have the involved in NRC-licensed activities, as
the knowledge that he was not requisite facilities, training and defined in Paragraph IV.1 above,
authorized to possess licensed material, experience to protect public health and provide notice to the Director, Office of
and (2) took possession of several other safety from any radiation hazard Enforcement, U.S. Nuclear Regulatory
portable nuclear gauges from the ECS, associated with the use of byproduct Commission, Washington, DC 20555, of
Chantilly Facility without a NRC or material. The NRC must be able to rely the name, address, and telephone
Agreement State license. OI Report No. on its licensees, and employees of number of the employer or entity where
1–2004–019 was issued on March 16, licensees, to comply with NRC he is, or will be, involved in the NRC-
2005, and the information developed requirements, including the requirement licensed activities. In the notification,
during that investigation concluded that that licensed material cannot be John Myers shall include a statement of
Mr. Myers was not licensed by the NRC acquired, possessed or transferred his commitment to compliance with
or an Agreement State, to acquire or without a specific or general license. regulatory requirements and the basis
possess licensed material in moisture/ The deliberate violation of 10 CFR 30.3 why the Commission should have
density gauging devices. Based on the by Mr. Myers, as discussed above, has confidence that he will now comply
evidence developed during the raised serious doubt as to whether he with applicable NRC requirements.
investigation, the NRC concluded that can be relied upon to comply with NRC The Director, Office of Enforcement,
Mr. Myers (1) took possession of a requirements in the future. may, in writing, relax or rescind any of

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