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50426 Federal Register / Vol. 70, No.

165 / Friday, August 26, 2005 / Notices held between Mr. Guariglia and the NRC Individuals’’ Web site no longer than 1
Persons who do not have access to in Philadelphia, PA, on June 22, 2005, year.
ADAMS or who encounter problems in and was mediated by a professional 5. Mr. Guariglia agreed to issuance of
accessing the documents located in mediator, arranged through Cornell a Confirmatory Order confirming this
ADAMS, should contact the NRC PDR University’s Institute of Conflict agreement.
Reference staff by telephone at 1–800– Management. During that ADR session, IV
397–4209, (301) 415–4737, or by e-mail a settlement agreement was reached.
to The elements of the settlement Since Mr. Guariglia has agreed to take
agreement consisted of the following: additional actions to address NRC
Dated at Rockville, Maryland, this 22nd
day of August, 2005. 1. The NRC determined that a concerns, as set forth in Section III
violation occurred when an above, the NRC has concluded that its
For the Nuclear Regulatory Commission.
unannounced fire drill at Nine Mile concerns can be resolved through the
Brenda L. Mozafari, NRC’s confirmation of the commitments
Point Unit 2 was compromised in June
Senior Project Manager, Section 2, Project as outlined in this Confirmatory Order.
Directorate II, Division of Licensing Project 2000. This was contrary to technical
specifications and 10 CFR Part 50, I find that Mr. Guariglia’s
Management, Office of Nuclear Reactor
Appendix R, which require that persons commitments as set forth in Section III
planning and authorizing an above are acceptable. However, in view
[FR Doc. E5–4684 Filed 8–25–05; 8:45 am]
unannounced fire drill shall ensure that of the foregoing, I have determined that
the responding shift fire brigade these commitments shall be confirmed
members are not aware that a fire drill by this Confirmatory Order. Based on
is being planned until it is begun. the above and Mr. Guariglia’s consent,
2. The NRC maintains that Mr. this Confirmatory Order is immediately
Guariglia deliberately compromised the effective upon issuance.
fire drill when he called the fire brigade V
In the Matter of Joseph Guariglia; leader to inform him of its time and
Accordingly, pursuant to Sections
Confirmatory Order (Effective location. Because Mr. Guariglia’s
103, 161b, 161i, 161o, 182, and 186 of
Immediately) deliberate actions placed Nine Mile
the Atomic Energy Act of 1954, as
Point 2 in violation of NRC
amended, and the Commission’s
I requirements, Mr. Guariglia was in
regulations in 10 CFR 2.202 and 10 CFR
Mr. Joseph Guariglia (Mr. Guariglia) is violation of 10 CFR 50.5. Mr. Guariglia
part 50, It is hereby ordered, that prior
employed by Nine Mile Point Nuclear maintains that he does not recall the
to December 31, 2005:
Station, LLC, at the Nine Mile Point specifics associated with this fire drill. 1. Mr. Guariglia shall write an article
Nuclear Station. The facility is located However, in light of the evidence to share with the Constellation fleet that
in Lycoming, NY. In June 2000, Mr. available, Mr. Guariglia agreed that the explains the importance of following
Guariglia was a fire protection fire drill was compromised and agreed procedural requirements, maintaining
supervisor at the facility. that he was in violation of 10 CFR 50.5. the integrity of unannounced fire drills,
3. Mr. Guariglia, subsequent to the and maintaining a questioning attitude
II identification of this violation, will take to verify and validate decisions.
Following the receipt of information actions to assure that he learned from 2. Mr. Guariglia shall participate in a
in January 2004, an investigation was this violation and provide the NRC with stand-down meeting with appropriate
initiated by the NRC’s Office of assurance that it will not recur. These fire protection staff and describe the
Investigations (OI), Region I, on actions include (a) writing an article to lessons learned from the compromised
February 3, 2004, at the Nine Mile Point share with the Constellation fleet that fire drill and the importance of raising
Nuclear Station. This investigation was explains the importance of following concerns when an issue does not
initiated to determine whether Mr. procedural requirements, maintaining comply with requirements.
Guariglia deliberately violated the integrity of unannounced fire drills, 3. Mr. Guariglia shall notify the NRC,
conditions of the Nine Mile Point Unit and maintaining a questioning attitude in writing, within 30 days of completion
2 license by compromising an to verify and validate decisions and (b) of the actions described in Items 1 and
unannounced fire drill in June 2000. prior to December 31, 2005, 2 above.
Based on the evidence developed during participating in a stand-down meeting The Director, Office of Enforcement,
its investigation, OI substantiated that with appropriate fire protection staff may relax or rescind, in writing, any of
Mr. Guariglia deliberately compromised and describing the lessons learned from the above conditions upon a showing by
the unannounced fire drill in June 2000. the compromised fire drill and the Mr. Guariglia of good cause.
Mr. Guariglia was informed of the NRC importance of raising concerns when an
issue does not comply with VI
finding in a letter dated March 18, 2005.
requirements. Any person adversely affected by this
III 4. In light of Mr. Guariglia’s Confirmatory Order, other than Mr.
In response to the NRC’s March 18, agreement to Items 1 and 2 and the Guariglia, may request a hearing within
2005 letter, Mr. Guariglia requested the actions he will take as described in Item 20 days of its issuance. Where good
use of Alternative Dispute Resolution 3, the NRC agrees to issue a Notice of cause is shown, consideration will be
(ADR) to resolve this matter. ADR is a Violation without a specified severity given to extending the time to request a
process in which a neutral mediator, level, to Mr. Guariglia. The NRC will hearing. A request for extension of time
with no decision-making authority, place the Notice of Violation, which must be made in writing to the Director,
assisted the NRC and Mr. Guariglia to will be publically available in ADAMS, Office of Enforcement, U.S. Nuclear
resolve any disagreements on whether a on the NRC ‘‘Significant Enforcement Regulatory Commission, Washington,
violation occurred, the appropriate Actions—Individuals’’ website. The DC 20555, and must include a statement
enforcement action, and the appropriate Notice of Violation will be placed on the of good cause for the extension. Any
corrective actions. An ADR session was ‘‘Significant Enforcement Actions— request for a hearing shall be submitted

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Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Notices 50427

to the Secretary, U.S. Nuclear restructuring and opportunity for orders issued by the Commission
Regulatory Commission, Attn: Chief, hearing. pursuant thereto.
Rulemaking and Adjudications Staff, The filing of requests for hearing and
Washington, DC 20555. Copies of the FOR FURTHER INFORMATION CONTACT: petitions for leave to intervene, and
hearing request shall also be sent to the Christopher M. Regan, Senior Project written comments with regard to the
Director, Office of Enforcement, U.S. Manager, Spent Fuel Project Office, indirect license transfer application, are
Nuclear Regulatory Commission, Office of Nuclear Material Safety and discussed below.
Washington DC 20555, to the Assistant Safeguards, U.S. Nuclear Regulatory Within 20 days after the date of
General Counsel for Materials Litigation Commission, Washington, DC 20555. publication of this notice, the licensee
and Enforcement, to the Director of the Telephone: (301) 415–1179; fax number: may file a request for a hearing with
Division of Regulatory Improvement (301) 415–1179; e-mail: respect to issuance of approval of the
Programs at the same address, and to SUPPLEMENTARY INFORMATION: The U.S.
indirect transfer for the subject ISFSI
Mr. Guariglia. Because Mr. Guariglia’s Nuclear Regulatory Commission (the operating license and any person whose
home address has been deleted pursuant Commission or NRC) is considering the interest may be affected by this
to 10 CFR 2.390, his copy should be proceeding and who wishes to
issuance of an order under 10 CFR 72.50
provided to the NRC Office of participate as a party in the proceeding
approving the indirect transfer of
Enforcement who will forward it to Mr. must file a written request for a hearing
Special Nuclear Materials (SNM)
Guariglia. Because of continuing and a petition for leave to intervene.
License No. SNM–2509 for the Trojan
disruptions in delivery of mail to United Requests for a hearing and petitions for
Independent Spent Fuel Storage
States Government offices, it is leave to intervene shall be filed in
Installation (ISFSI). The indirect transfer
requested that answers and requests for accordance with the Commission’s rules
has been requested by Portland General
hearing be transmitted to the Secretary of practice set forth in Subpart C and
Electric Company (PGE) and Stephen
of the Commission either by means of Subpart M, ‘‘Hearing Requests and
Forbes Cooper, LLC. (SFC), as
facsimile transmission to 301–415–1101 Procedures for Hearings on License
Disbursing Agent on behalf of the Transfer Applications,’’ of 10 CFR Part
or by e-mail to Reserve for Disputed Claims (Reserve),
and also to the Office of the General 2. Interested persons should consult a
to facilitate implementation of the current copy of 10 CFR 2.309, which is
Counsel by means of facsimile transfer of 100% of PGE’s common stock
transmission to 301–415–3725 or e-mail available at the Commission’s Public
held by the Enron Corporation (Enron) Document Room (PDR), located at One
to If such a to the creditors of Enron. This is to be
person requests a hearing, that person White Flint North, Public File Area
done by canceling the existing PGE 01F21, 11555 Rockville Pike (first floor),
shall set forth with particularity the common stock held by Enron and by
manner in which his interest is Rockville, Maryland 20852. Publicly
authorizing and issuing to Enron’s available records will be accessible from
adversely affected by this Order and creditors new PGE common stock.
shall address the criteria set forth in 10 the Agencywide Documents Access and
The issuance of the new PGE common Management System’s (ADAMS) Public
CFR 2.714(d). stock will not change the status as NRC
If a hearing is requested by a person Electronic Reading Room on the Internet
licensee of the Trojan ISFSI, and there at the NRC Web site, http://
whose interest is adversely affected, the will be no direct transfer of the Trojan
Commission will issue an Order
ISFSI license. Control of the 10 CFR Part collections/cfr/. If a request for a hearing
designating the time and place of any 72 license for the Trojan ISFSI, now
hearing. If a hearing is held, the issue to or petition for leave to intervene is filed
held by PGE and its co-owners, will within 20 days after the date of
be considered at such hearing shall be remain with PGE and the same co-
whether this Confirmatory Order shall publication of this notice, the
owners, and will not be affected by the Commission or a presiding officer
be sustained. An answer or a request for issuance of the new PGE common stock.
a hearing shall not stay the effectiveness designated by the Commission or by the
Issuance of the new PGE common stock Chief Administrative Judge of the
date of this Order. will not affect PGE’s technical and Atomic Safety and Licensing Board
Dated this 18th day of August, 2005. financial qualifications and its ability to Panel, will rule on the request and/or
For the Nuclear Regulatory Commission. continue funding its share of the costs petition; and the Secretary or the Chief
Michael Johnson, of operating, maintaining, and Administrative Judge of the Atomic
Director, Office of Enforcement. ultimately decommissioning the Trojan Safety and Licensing Board will issue a
[FR Doc. E5–4686 Filed 8–25–05; 8:45 am] ISFSI. No physical changes to the Trojan notice of a hearing or an appropriate
ISFSI or operational changes are being order. As required by 10 CFR 2.309, a
proposed in the application. petition for leave to intervene shall set
Pursuant to 10 CFR 72.50, no license, forth with particularity the interest of
NUCLEAR REGULATORY or any part included in the license the petitioner in the proceeding, and
COMMISSION issued under 10 CFR Part 72 for an how that interest may be affected by the
ISFSI shall be transferred, assigned, or results of the proceeding. The petition
[DOCKET NO. 72–17]
in any manner disposed of, either should specifically explain the reasons
Portland General Electric Company, voluntarily or involuntarily, directly or why intervention should be permitted
Trojan Nuclear Plant, Independent indirectly, through transfer of control of with particular reference to the
Spent Fuel Storage Installation; Notice the license to any person unless the following general requirements: (1) The
of Consideration of Approval of Commission gives its consent in writing. name, address and telephone number of
Proposed Corporate Restructuring and The Commission will approve an the requestor or petitioner; (2) the
Opportunity for a Hearing application for the indirect transfer of a nature of the requestor’s/petitioner’s
license, if the Commission determines right under the Act to be made a party
AGENCY: Nuclear Regulatory that the proposed transferee is qualified to the proceeding; (3) the nature and
Commission. to hold the license, and that the transfer extent of the requestor’s/petitioner’s
ACTION: Notice of consideration of is otherwise consistent with applicable property, financial, or other interest in
approval of proposed corporate provisions of law, regulations, and the proceeding; and (4) the possible

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