[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75289-75290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31954]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-186, License No. R-103, EA-02-256]
In the Matter of University of Missouri, University of Missouri
Research Reactor; Confirmatory Order Modifying License (Effective
Immediately)
I
The University of Missouri Research Reactor (MURR) is a research
reactor regulated by the U.S. Nuclear Regulatory Commission (NRC). MURR
is located on the campus of the University of Missouri (MU) in Columbia
Missouri.
II
On December 18, 2001, the NRC initiated an investigation of the
University of Missouri (the licensee) to determine if a former senior
research scientist at the MURR facility was the subject of employment
discrimination and continued retaliation by management for previous
protected activities. The NRC Office of Investigations (OI) concluded
in Office of Investigations Report No. 4-2001-054 that the former
senior research scientist was the subject of employment discrimination
and continued retaliation by management for previous protected
activities.
By letter dated June 4, 2003, the NRC provided the licensee with
its conclusions through issuance of an apparent violation of employee
protection requirements and a synopsis of the referenced OI report.
During subsequent discussions, NRC and MU agreed in principle regarding
acceptable actions that, if performed, should better ensure that
personnel involved with MURR will not be subject to employment
discrimination or retaliation for engaging in protected activity,
including raising safety concerns. The details of the agreement are set
forth in Section V of this Order.
III
The licensee has agreed to take certain actions to modify its
access authorization procedures to better ensure transparency and
clarity, to assess the work environment at MURR, to perform periodic
training, and to modify its organization to better ensure that
university senior management is appropriately involved in ensuring a
safety conscious work environment (SCWE). The agreed-upon actions noted
in Section V of this order focus on (1) modifying the chain of command
for MURR; (2) development of a long-term plan, which will better ensure
a SCWE; and (3) ensuring timely review of access requests and providing
for review of access authorization denials by an independent
organization.
IV
Since the licensee has committed to take comprehensive actions to
address NRC concerns, and since the licensee has committed to assess,
train, and develop a long-term plan for ensuring a work environment
conducive to employees raising safety concerns or engaging in any form
of protected activity without fear of retaliation, the NRC has
concluded that its concerns can be resolved through the NRC's
confirmation of the licensee commitments as outlined in this Order.
I find that the licensee's commitments as set forth in Section V
below 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 public health and safety
require that these commitments be confirmed by this Order. Based on the
above and the licensee's consent, this Order is immediately effective
upon issuance. The licensee for MURR is required to provide the NRC
with a letter summarizing its actions when all of the Section V
commitments have been completed.
V
Accordingly, pursuant to Sections 104c, 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 50, it is hereby ordered,
effective immediately that:
1. The licensee shall modify its chain-of-command for MURR to
better ensure oversight of its activities by university senior
management. It has been agreed that the modification of Figure 6.0 in
the MURR Technical Specifications will reflect MURR reporting to the
Office of the Provost, who in-turn, reports to the Office of the
President, University of Missouri. The requisite technical
specification change shall be submitted to the NRC within 30 days of
this Order and upon being granted by the NRC, shall be effective no
later than 30 days after the date of the NRC's issuance of the license
amendment.
2. The licensee shall develop a long-term plan for ensuring a SCWE.
This plan, which shall address a minimum of two years, shall include,
at a minimum:
(a) Performance of an employee cultural survey developed by an
independent consultant or entity. This survey shall be performed
annually for not less than two years. During the two year period, the
NRC shall be provided an annual report summarizing the findings of the
culture assessment, including the questions used, the methodology
applied, and any follow-up actions. The NRC would consider the use or
partial use of MU's campus departments (e.g., psychology) to constitute
an independent entity for purpose of this action, with the stipulation
that a separate independent consultant or entity shall review the
assessment, including the questions used and the methodology applied,
prepared by the MU campus department.
(b) Annual training of MURR employees and other personnel who
routinely use the MURR facility on how to better ensure a SCWE. The
first two years of the annual training shall be conducted by an
independent consultant or entity with expertise in providing SCWE
training. The licensee shall designate a specific manager to be
responsible for ensuring annual SCWE training. SCWE training shall
include, at a minimum:
1. Policies and programs designed to encourage employees to raise
concerns, including a description of the multiple pathways for raising
concerns.
[[Page 75290]]
2. Discussion of NRC regulations and any applicable federal and
state laws pertaining to whistleblower protection, including a
discussion of protected activities and adverse actions stated in 10 CFR
50.7.
3. Expectations for management to promote a SCWE
4. Expectations for employees to report concerns, especially safety
concerns.
5. Other applicable procedures and processes related to
implementing and maintaining a SCWE.
6. Additional training for managers and supervisors describing
their specific responsibilities and obligations.
The plan for ensuring a SCWE shall be forwarded to the NRC within sixty
(60) days after the date of this Order and implementation shall begin
no later than ninety (90) days after the date of this Order.
3. Within forty-five (45) days after the date of this Order the
licensee will modify MURR's access authorization procedures to better
ensure transparency and clarity in its processes. The licensee shall
maintain a process for granting access to the facility with two key
components. The first component shall focus on the need for access. The
second component shall involve routine background checks consistent
with industry practices and other requirements contained in NRC
regulations. The procedure modifications will, at a minimum, provide
for the following:
(a) A requirement that personnel requesting sponsorship discuss the
following issues, at a minimum:
--Basis: A detailed description of the basis for requesting access
(escorted or unescorted) to the facility.
--Funding: Source of funding for the subject project; whether funding
has already been obtained or when it is anticipated.
--Resources: Necessary project resources (e.g., personnel, equipment,
reactor time).
--Benefits to MURR: Is the subject project a collaborative project
which will lead to credit for participation; does the subject project
involve collaboration with MURR staff?
--Strategic: Is the subject project consistent with MURR's published
strategic plan and research priorities?
(b) Any sponsor denying a written request for sponsorship by an
applicant shall provide the Director of MURR in writing with the basis
for such denial within fifteen (15) days of receipt of such a request.
(c) Access requests shall be addressed by MURR within sixty (60)
days and a decision by the Director of MURR provided to the requestor
in writing within that time. Requestors being denied access shall be
informed in writing of the appeal provisions of (e).
(d) The Provost shall be informed of any denial of access by the
Director of MURR.
(e) The Ombudsman Panel shall review any decision by the Director
of MURR under (c) upon an appeal request in writing by the applicant
within fifteen (15) days of receipt of such a denial. The Ombudsman
Panel shall provide a report of recommendations regarding the denial to
the Office of the Provost for its reconsideration of the Director's
decision within forty-five (45) days of receipt of an appeal request.
4. The licensee shall post this Confirmatory Order at the MURR
facility and inform MURR employees of its content.
5. The President of the University of Missouri shall within thirty
(30) days of the date of this Order issue a letter to all individuals
with access to the MURR facility which affirms the licensee's
commitment to an SCWE and which provides a summary of the licensee's
policy to promote an SCWE.
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.
VI
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 must
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: Chief, Rulemaking and Adjudications Staff,
Washington, DC 20555. Copies of the hearing request shall also 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, to the Director of the Division
of Regulatory Improvement Programs at the same address, and to MU.
Because of continuing disruptions in delivery of mail to United States
Government offices, it is requested that answers and 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
[email protected] and also to the Office of the General Counsel by
means of facsimile transmission to 301-415-3725 or e-mail to
[email protected]. If such 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 2.714(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 shall be
sustained. An answer or a request for a hearing shall not stay the
effectiveness date of this Order.
Dated this 19th Day of December, 2003.
For the Nuclear Regulatory Commission.
Frank Congel,
Director, Office of Enforcement.
[FR Doc. 03-31954 Filed 12-29-03; 8:45 am]
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