[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Notices]
[Pages 67556-67557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32062]
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NUCLEAR REGULATORY COMMISSION
Docket No. 71-0122, Approval No. 0122,EA-01-164]
In the Matter of J.L. Shepherd & Associates San Fernando, CA;
Confirmatory Order Relaxing Order (Effective Immediately)
I
J. L. Shepherd & Associates (JLS&A or Approval Holder) was the
holder of Quality Assurance (QA) Program Approval for Radioactive
Material Packages No. 0122 (Approval No. 0122), issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
part 71, subpart H. The approval was previously issued pursuant to the
QA requirements of 10 CFR section 71.101. QA activities authorized by
Approval No. 0122 include: design, procurement, fabrication, assembly,
testing, modification, maintenance, repair, and use of transportation
packages subject to the provisions of 10 CFR part 71. Approval No. 0122
was originally issued January 17, 1980. Revision No. 6 was issued
December 6, 2001, with an expiration date on November 30, 2006. In
addition to having a QA program approved by the NRC to satisfy the
provisions of 10 CFR part 71, subpart H, to transport or deliver for
transport licensed material in a package, JLS&A is required by 10 CFR
part 71, subpart C, to have and comply with the package's Certificate
of Compliance (CoC) issued by the NRC. Based on the JLS&A failure to
comply with 10 CFR part 71, QA Program Approval No. 0122 was withdrawn
by an immediately effective NRC Order, dated July 3, 2001.
II
By letter dated August 17, 2001, JLS&A responded to the U. S.
Nuclear Regulatory Commission's July 2001 Order. In a August 16, 2001,
response, appended to the August 17, 2001, letter, JLS&A requested that
provisions of the Order be relaxed based on a showing of good cause.
Specifically, JLS&A requested interim relief from the July 2001 Order
based on JLS&A's proposed Near-Term Corrective Action Plan (NTCAP), to
allow 68 shipments to 16 customers, in Department of Transportation
specification packaging designated as 20WC. The NRC staff reviewed
JLS&A's relief request to determine, among other things, whether the
requested relief would be consistent with assurances that public health
and safety are maintained. As a result the NRC issued a Confirmatory
Order Relaxing Order dated September 19, 2001, which relaxed the July
3, 2001, Order to grant interim relief to allow 68 shipments to 16
customers in 20WC packages in accordance with JLS&A's NTCAP, through
March 2002, provided certain commitments were completed.
A condition of the September 19, 2001,Order was that JLS&A hold all
shipments until NRC has completed an inspection which confirms JLS&A's
satisfactory completion of the identified commitments. Subsequent to
certifications under oath and affirmation from both J. L. Shepherd and
the independent auditor that the conditions of the Confirmatory Order
have been completed, the NRC conducted an inspection at the JLS&A
facility on November 13-15, 2001. As a result of the inspection
findings, the inspection team authorized JLS&A to commence the
shipments in accordance with the Confirmatory Order. By letter dated
November 20, 2001, NRC staff provided a written confirmation of the
inspection teams authorization.
III
By letters dated December 7 and 11, 2001, JLS&A again requested
that provisions of the July 3, 2001, Order be relaxed based on a
showing of good cause. Specifically, JLS&A requested interim relief to
ship an irradiator to Surry Nuclear Power Station and return the
replaced unit to JLS&A's facility in California. JLS&A's proposed to
use the NTCAP specified in the September 19, 2001, Confirmatory Order
to allow these two shipments in the Department of Transportation
specification packaging designated as 20WC. These shipments are
necessary for Surry Power Station to continue to provide adequate
quality control on instrumentation used for all required radiation
surveys in support of plant operations. Therefore, the two shipments
are in the best interest of public health and safety.
With respect to the substantive concerns identified by the staff in
the July 2001 Order, on December 7 and 11, 2001, JLS&A agreed to take
the following corrective actions listed below, before it makes any of
the proposed shipments to or from Surry Power Station in accordance
with the NTCAP:
1. a. JLS&A will use the implementing procedures for the 1995 QA
program plan, as revised, and the NTCAP to complete an inspection of
the 20WC packages involved in the Surry shipment. The inspection will
confirm that the packages are in conformance with 49 CFR 178.362,
``Specification 20WC Wooden Protective Jacket.'' Each inspection will
include, at a minimum,
[[Page 67557]]
actual physical measurements, and visual inspections for damage,
corrosion, or other potentially unacceptable conditions;
b. JLS&A will document the results of each inspection in separate
reports approved by the QA Administrator and prepared in accordance
with the revised QA Program Plan and implementing procedures. The
report will include the list of attributes verified, the acceptance
criteria, and the results for each attribute;
2. JLS&A will use only JLS&A's staff, contractors, and sub-
contractors, trained in the NTCAP, the revised QAPP and implementing
procedures for conducting the inspections listed in the above
condition; and,
3. JLS&A will not make the initial shipment without certification
by the independent auditor that the two conditions listed above have
been completed. JLS&A will provide NRC with this certification prior to
any shipment.
By its letter of December 11, 2001, JLS&A consented to issuance of
this Confirmatory Order granting interim relief from the July 2001
Order subject to the commitments, (as described in Section IV below),
agreed that this Confirmatory Order is to be effective upon issuance,
and agreed to waive its right to a hearing on this action.
Implementation of these commitments will provide assurance that
sufficient resources will be applied to the QA program, and that the
program will be conducted safely and in accordance with NRC
requirements.
I find that JLS&A's 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 JLS&A's commitments be confirmed by this Confirmatory Order. Based
on the above and JLS&A's consent, this Confirmatory Order is effective
immediately upon issuance.
IV
Accordingly, pursuant to Sections 62, 81, 161b, 161i, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR Section 2.202 and 10 CFR Parts 71, IT IS HEREBY
ORDERED, EFFECTIVE IMMEDIATELY, THAT THE JULY 3, 2001, ORDER IS RELAXED
TO GRANT INTERIM RELIEF TO ALLOW A SHIPMENT TO, AND A SHIPMENT FROM,
SURRY POWER STATION IN 20 WC PACKAGES IN ACCORDANCE WITH JLS&A'S NTCAP,
AS REQUESTED BY LETTERS DATED DECEMBER 7 and 11, 2001, PROVIDED:
1. a. JLS&A will use the implementing procedures for the 1995 QA
program plan, as revised, and the NTCAP to complete an inspection of
the 20WC packages involved in the Surry shipment. The inspection will
confirm that the packages are in conformance with 49 CFR 178.362,
``Specification 20WC Wooden Protective Jacket.'' Each inspection will
include, at a minimum, actual physical measurements, and visual
inspections for damage, corrosion, or other potentially unacceptable
conditions;
b. JLS&A will document the results of each inspection in separate
reports approved by the QA Administrator and prepared in accordance
with the revised QAPP and implementing procedures. The report will
include the list of attributes verified, the acceptance criteria, and
the results for each attribute;
2. JLS&A will use only JLS&A's staff, contractors, and sub-
contractors, trained in the NTCAP, the revised QAPP and implementing
procedures for conducting the inspections listed in the above
condition; and,
3. JLS&A will not make the initial shipment without certification
by the independent auditor that the two conditions listed above have
been completed. JLS&A will provide NRC with this certification prior to
any shipment.
The Director, Office of Enforcement or Office of Nuclear Material
Safety and Safeguards, may in writing, relax or rescind this
Confirmatory Order upon demonstration of good cause by the Approval
Holder.
V
In accordance with 10 CFR section 2.202, any person, other than
JLS&A, adversely affected by this Confirmatory Order 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 of the hearing
request also should be sent to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the
Director, Office of Nuclear Material Safety and Safeguards at the same
address, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, TX 76011, and to
the Approval Holder. If such person requests a hearing, that person
shall set forth with particularity the manner in which his or her
interest is adversely affected by this Confirmatory Order and shall
address the criteria set forth in 10 CFR section 2.714(d).
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.
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 IV above shall be final 20 days from the date of
this Confirmatory Order without further Order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in section IV shall be final when the extension
expires if a hearing request has not been received. A request for
hearing shall not stay the immediate effectiveness of this confirmatory
order.
Dated this 13th day of December, 2001.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 01-32062 Filed 12-28-01; 8:45 am]
BILLING CODE 7590-01-P