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importance of maintaining a SCWE and A request for extension of time must be NUCLEAR REGULATORY
of assisting managers and supervisors in made in writing to the Director, Office COMMISSION
responding to employees who raise of Enforcement, U.S. Nuclear Regulatory
safety concerns in the workplace. AVI [Docket No. 50–346, License No. NPF–3,
Commission, Washington, DC 20555, EA–04–224]
also agreed to include in such training and include a statement of good cause
the requirements of 10 CFR 50.7, for the extension. Any request for a In the Matter of FirstEnergy Nuclear
‘‘Employee protection.’’ hearing shall be submitted to the Operating Company, Davis-Besse
On July 6, 2005, AVI consented to the Secretary, U.S. Nuclear Regulatory Nuclear Power Station, 5501 North
NRC issuing this Confirmatory Order
Commission, ATTN: Rulemakings and State Route 2, Oak Harbor, OH 43449–
with the commitments, as described in
Adjudications Staff, Washington, DC 9760; Confirmatory Order Modifying
Section IV below. AVI further agreed in
20555. Copies also shall be sent to the License (Effective Immediately)
its July 6, 2005, letter that this Order is
to be effective upon issuance and that it Director, Office of Enforcement, U.S.
I
has waived its right to a hearing. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant FirstEnergy Nuclear Operating
The NRC has concluded that its
General Counsel for Materials Litigation Company (FENOC or Licensee) is the
concerns can be resolved through
and Enforcement at the same address, to holder of Facility Operating License No.
effective implementation of AVI’s
the Regional Administrator, NRC Region NPF–3 issued by the U.S. Nuclear
commitments. I find that AVI’s
III, 2443 Warrenville Road, Suite 210, Regulatory Commission (NRC or
commitments as set forth in Section IV
Lisle, IL 60532–4352, and to the Commission) pursuant to 10 CFR part
are acceptable and necessary and
50 on April 22, 1977. The license
conclude that with these commitments Licensee. Because of continuing
authorizes the operation of Davis-Besse
the public health and safety are disruptions in delivery of mail to United
Nuclear Power Station, Unit 1 (Davis-
reasonably assured. In view of the States Government Offices, it is
Besse), in accordance with conditions
foregoing, I have determined that the requested that requests for hearing be specified therein. The facility is located
public health and safety require that transmitted to the Secretary of the on the Licensee’s site in Ottawa County,
AVI’s commitments be confirmed by Commission either by means of Ohio.
this Order. Accordingly, the staff is facsimile transmission to (301) 415–
exercising its enforcement discretion 1101 or by e-mail to II
and will not issue a Notice of Violation hearingdocket@nrc.gov and also to the On February 9, 2004, and July 8, 2004,
in this case. Based on the above and Office of the General Counsel either by the NRC’s Office of Investigations (OI)
AVI’s consent, this Order is means of facsimile transmission to (301) began investigations to determine if
immediately effective upon issuance. 415–3725 or by e-mail to former AVI Food Systems, Inc. (AVI)
AVI is required to provide the NRC with employees at Davis-Besse were the
OGCMailCenter@nrc.gov. If a person
a letter summarizing its actions when all subject of employment discrimination
requests a hearing, that person shall set
of the Section IV requirements have in violation of 10 CFR 50.7. In OI Report
been completed. forth with particularity the manner in
which his interest is adversely affected Nos. 3–2004–006 and 3–2004–018, OI
IV by this Order and shall address the concluded that AVI employees were the
Accordingly, pursuant to Sections criteria set forth in 10 CFR 2.309(d) and subject of discrimination. By letter
103, 161b, 161i, 161o, 182, and 186 of (f). dated February 25, 2005, the NRC
the Atomic Energy Act of 1954, as identified to the Licensee the NRC’s
If a hearing is requested by a person concern and offered FENOC the
amended, and the Commission’s whose interest is adversely affected, the
regulations in 10 CFR 2.202 and 10 CFR opportunity to attend a predecisional
Commission will issue an Order enforcement conference or to request
part 30, It is hereby ordered, effective designating the time and place of any
immediately, that: alternative dispute resolution (ADR) in
hearing. If a hearing is held, the issue to which a neutral mediator with no
By no later than six months from the
be considered at such hearing shall be decision-making authority would
issuance of this Order, AVI will include
in its policy/programs, information whether this Confirmatory Order should facilitate discussions between the NRC
necessary to ensure that its future be sustained. and FENOC and, if possible, assist the
activities with NRC licensees will A request for hearing shall not stay NRC and FENOC in reaching an
incorporate training, initial and the immediate effectiveness of this agreement on resolving the concern.
recurring, for its employees involved order. FENOC chose to participate in ADR. On
with the NRC licensees regarding SCWE May 11, 2005, the NRC and FENOC met
For the Nuclear Regulatory Commission. at the Davis-Besse facility in Oak
and safety culture. AVI also agreed to
Dated this 15th day of July, 2005. Harbor, Ohio in an ADR session
include in such training the
requirements of 10 CFR 50.7, Michael R. Johnson, mediated by a professional mediator,
‘‘Employee protection.’’ Director, Office of Enforcement. arranged through Cornell University’s
The Director, Office of Enforcement, [FR Doc. E5–3967 Filed 7–25–05; 8:45 am] Institute on Conflict Resolution. As part
may relax or rescind, in writing, any of of the ADR session, based upon the facts
BILLING CODE 7590–01–P
the above conditions upon a showing by discussed during the mediation session
AVI of good cause. and the commitments noted in Section
IV below, the NRC will not issue a
V notice of violation for this issue and will
Any person adversely affected by this not count this matter as previous
Confirmatory Order, other than AVI, enforcement for the purposes of
may request a hearing within 20 days of assessing potential future enforcement
its issuance. Where good cause is action civil penalty assessments in
shown, consideration will be given to accordance with Section VI.C of the
extending the time to request a hearing. Enforcement Policy.
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43200 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Notices
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