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Notice2026-19549

In the Matter of the Department of the Air Force; Confirmatory Order Modifying License

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Published

September 24, 2026

Issuing agencies

Nuclear Regulatory Commission

Abstract

The U.S. Nuclear Regulatory Commission (NRC) issued a Confirmatory Order to the Department of the Air Force (DAF) to document commitments made as part of a settlement agreement made between the NRC and DAF following an alternative dispute resolution mediation session held on July 22 and 23, 2026. The mediation addressed apparent violations involving DAF's response to a stuck source event at its panoramic irradiator at Kirtland Air Force Base. DAF has committed to various measures intended to improve the effectiveness of its Radioisotope Committee, update operating and maintenance procedures for the irradiator, and promote safety culture expectations. The Confirmatory Order is effective upon issuance.

Full Text

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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Notices]
[Pages 60656-60660]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19549]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-28641; License No. 42-23539-01AF; EAF-RIV-2025-0169;
NRC-2026-4489]

In the Matter of the Department of the Air Force; Confirmatory
Order Modifying License

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
Confirmatory Order to the Department of the Air Force (DAF) to document
commitments made as part of a settlement agreement made between the NRC
and DAF following an alternative dispute resolution mediation session
held on July 22 and 23, 2026. The mediation addressed apparent
violations involving DAF's response to a stuck source event at its
panoramic irradiator at Kirtland Air Force Base. DAF has committed to
various measures intended to improve the effectiveness of its
Radioisotope Committee, update operating and maintenance procedures for
the irradiator, and promote safety culture expectations. The
Confirmatory Order is effective upon issuance.

DATES: The Confirmatory Order was issued on September 14, 2026.

ADDRESSES: Please refer to Docket ID NRC-2026-4489 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
<bullet> Federal Rulemaking Website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2026-4489. Address
questions about Docket IDs in <a href="http://Regulations.gov">Regulations.gov</a> to Bridget Curran;
telephone: 301-415-1003; email: <a href="/cdn-cgi/l/email-protection#c88abaa1acafadbce68bbdbabaa9a688a6baabe6afa7be">[email&#160;protected]</a>. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
<bullet> NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at <a href="https://www.nrc.gov/reading-rm/adams.html">https://www.nrc.gov/reading-rm/adams.html</a>. To begin the search, select ``Begin ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email
to <a href="/cdn-cgi/l/email-protection#217165730f7344524e54534244614f53420f464e57">[email&#160;protected]</a>. The Confirmatory Order to DAF is available in
ADAMS under Accession No. ML26225A308.
<bullet> NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
<a href="/cdn-cgi/l/email-protection#3e6e7a6c106c5b4d514b4c5d5b7e504c5d10595148">[email&#160;protected]</a> or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeffrey Josey, Region IV, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 817-200-
1180, email: <a href="/cdn-cgi/l/email-protection#3b715e5d5d495e42157154485e427b554958155c544d">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Authority: 42 U.S.C. 2011 et seq.

Dated: September 21, 2026.

For the Nuclear Regulatory Commission.
Jamie Pelton,
Chief Nuclear Materials Inspector, Office of Nuclear Materials Safety
and Security.

Attached--Confirmatory Order

United States of America

Nuclear Regulatory Commission

In the Matter of: Department of the Air Force, Air Force Medical
Command

Docket No. 030-28641

[[Page 60657]]

License No. 42-23539-01AF
EAF-RIV-2025-0169

Confirmatory Order Modifying License (Effective Upon Issuance)

The Department of the Air Force, Air Force Medical Command (DAF
or the licensee) is the holder of Master Materials License (MML) No.
42-23539-01AF, issued by the U.S. Nuclear Regulatory Commission (NRC
or Commission) pursuant to Part 30 of Title 10 of the Code of
Federal Regulations (10 CFR). The license authorizes DAF to issue
byproduct, source, and special nuclear material permits throughout
the U.S. for civilian use of radioactive materials in DAF
operations.
This Confirmatory Order (CO) is the result of an agreement
reached during an Alternative Dispute Resolution (ADR) mediation
session conducted on July 22 and 23, 2026.

On April 20, 2026, the NRC issued Reactive Inspection Report
030-28641/2024-001 and Investigation Report OI-RIV-2024-0013,
Agencywide Documents Access and Management System (ADAMS) Accession
No. ML25364A042 (publicly available version available at ADAMS
Accession No. ML26110A048) to DAF. The reactive inspection and
investigation were conducted by the NRC to evaluate the
circumstances related to NRC Event Number 57007, which involved a
category 1 cobalt-60 sealed source at the panoramic irradiator at
Kirtland Air Force Base (KAFB), which became stuck in an unshielded
position. The inspection report and investigation report documented
the identification of apparent violations that were considered for
escalated enforcement action in accordance with the NRC Enforcement
Policy. The apparent violations involved the failure to: (1) have
and follow written operating and emergency procedures for the
panoramic irradiator; (2) have and follow written procedures for
inspections and maintenance checks for the panoramic irradiator; (3)
have a fire extinguishing system capable of extinguishing a fire
without personnel entry into the irradiator building; and (4)
provide complete and accurate information to the NRC related to the
causal factors analysis for the stuck irradiator source event.
Additional apparent violations related to the NRC's security
requirements in 10 CFR part 37, ``Physical Protection of Category 1
and Category 2 Quantities of Radioactive Material,'' were also
identified and were considered for escalated enforcement action.
By letter dated April 20, 2026, the NRC notified DAF of the
results of the inspection and provided DAF with an opportunity to:
(1) attend a predecisional enforcement conference or (2) participate
in an ADR mediation session in an effort to resolve these concerns.
In response to the NRC's offer, DAF requested the use of the NRC
ADR process to resolve differences it had with the NRC. On July 22
and 23, 2026, the NRC and DAF met in an ADR session mediated by a
professional mediator, arranged through Cornell University's
Institute on Conflict Resolution. The ADR process is one in which a
neutral mediator, with no decision-making authority, assists the
parties in reaching an agreement to resolve any differences
regarding the dispute. This Confirmatory Order is issued pursuant to
the agreement reached during the July 22-23, 2026, ADR process.

III

During the ADR mediation session, DAF and the NRC reached a
preliminary settlement agreement.
The NRC recognizes the extensive corrective actions that DAF has
already implemented, and is in the process of implementing,
associated with the apparent violations. For example, DAF increased
the inspection frequency of the Air Force Research Laboratory (AFRL)
irradiator permit at KAFB to annual. The DAF also initiated
revisions to certain conditions of all irradiator permits that
require Radioisotope Committee (RIC) review and approval, including
service and maintenance on an irradiator, changes to the security
plan, and notification of any irregular conditions. DAF is making
extensive procedural and training enhancements and is taking steps
to improve equipment reliability by establishing a panel of subject
matter experts to review design modifications and maintain change
history for the KAFB irradiator and its control panel.
Additional commitments made in the preliminary settlement
agreement, as signed by both parties, consist of the following:
A. Within 365 days of the issuance date of the Confirmatory
Order, DAF will:
1. revise its procedures associated with RIC responsibilities to
require that the RIC Secretariat (RICS) review and advise the RIC on
all incidents or mishaps involving radioactive material (RAM) or
special situations involving RAM as requested by the RIC, Air Staff,
or Major Commands;
2. revise its procedures associated with investigating
radioactive materials incidents and mishaps to include timeframes
for the RICS to be onsite for response, for developing a sequence of
events, evaluating the permit program, and assessing the cause of
the event. The procedures shall include a description of how the
RICS will interface with the Air Force Inspection Agency (AFIA)
inspector during any reactive inspections; and
3. revise its procedures associated with RICS responsibilities
to require AFRL to administer the annual safety reviews for
irradiator staff required by 10 CFR 36.51(d) and the tests required
by 10 CFR 36.51(g). DAF will ensure that the safety reviews and
tests incorporate lessons learned from the 2024 stuck source and
associated events.
B. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. establish or update the irradiator permit procedures for
reporting in accordance with 10 CFR 36.83, ``Reports'', and
maintaining records in accordance with 10 CFR 36.81, ``Records and
retention periods'';
2. identify exceptions to procedures for the panoramic
irradiator that would require approval in writing from the RICS in
accordance with existing permit conditions, and incorporate the
exceptions into appropriate procedures; and
3. tie the device safety evaluation to the AFRL irradiator
permit and submit the device safety evaluation to the NRC for
review.
C. Within 365 days of the issuance date of the confirmatory
order, DAF will:
1. distribute to each Permittee, Permit Radiation Safety Officer
(PRSO) and Alternate PRSO (APRSO), and employees and contractors
that perform work under MML permits, a notice that describes that
during the stuck source event, the PRSO directed staff to perform
work without procedures, and did so deliberately even though they
knew the work required procedures, and that the work was prohibited
by the Radiation Safety Plan and Permit. The notice shall describe
that the work caused the source to become stuck out of the shield
for 5 additional months, and that a questioning attitude could have
resulted in a different outcome.
The notice shall reference Department of the Air Force Manual
(DAFMAN) 40-201 Chapter 6 (Willful Violations) and highlight the
importance of questioning attitudes for radiation safety. DAF will
verify that permittees have reviewed the notice.
2. incorporate elements of the NRC's Safety Culture Policy
Statement and associated resources into DAFMAN 40-201 and establish
a requirement that permittees provide training on the updated policy
and the Safety Culture expectations to each PRSO, APRSO, and staff
that perform work under MML permits; and
3. establish/update a procedure that lists items the RICS is
expected to communicate with the NRC Project Manager on a periodic
basis.
D. Within 365 days of the issuance date of the Confirmatory
Order, DAF will establish/update procedure(s) that detail protocols
for the RIC to direct investigations of RAM incidents and mishaps.
The procedure(s) shall:
1. include the methods the RICS will use to communicate with Air
Force leadership and the RIC Chairs so that priority is assigned and
resources for incidents and mishaps are obtained;
2. establish timeframes for required or periodic updates to the
NRC and methods to document as-found conditions for the incident or
mishap;
3. establish when and how restrictions can be placed on
permittees;
4. establish how the RIC will advise and provide written
approval for the RICS to conclude the investigation;
5. establish the responsibilities of both the RICS and RIC to
review the root cause analysis prior to closing an incident/mishap
investigation; and
6. establish the responsibilities of both the RICS and RIC to
review and approve corrective actions, as appropriate.
E. Within 2 years of the issuance date of the Confirmatory
Order, DAF will establish an operations and configuration manual and
schematic for the irradiator control console that identifies
equipment, cables, electronics, components and standard
configuration needed for normal irradiator operations. The
operations and configuration manual and schematic will explicitly
identify which

[[Page 60658]]

maintenance activities may be performed by irradiator staff without
notification of the RICS.
F. Within 180 days of the issuance date of the Confirmatory
Order, DAF will establish a procedure to:
1. annually inspect the Emergency Cable System to verify that
the condition and configuration are as described in the device
safety evaluation;
2. establish a testing protocol for the Emergency Cable System
based on the service provider's recommendations and previous
Emergency Cable System inspection results; and
3. test the Emergency Cable System for functionality any time
the cable is disconnected and reconnected.
G. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. establish a method to ensure the required annual inspection
and maintenance for the AFRL irradiator is performed by persons
specifically authorized to perform these activities by the NRC or by
an Agreement State; and
2. for maintenance performed on the device by AFRL staff,
a. revise the maintenance procedures with expanded procedural
steps instructing staff in what is involved in the task, and how
each task should be completed,
b. establish procedures that require each person performing
maintenance activities to sign off on work they completed, and
c. revise procedures to complete the work log used to record
general activities or work that occurs infrequently.
H. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. include the following statement in the operations,
maintenance, and emergency procedures:
``Procedures are expected to be performed as described with the
current version of the procedure in-hand. If a procedure is found
not to cover the expected activity or the steps cannot be followed
as written, the activity shall be stopped, the irradiator shall be
placed in a safe condition, and the procedure shall be changed in
accordance with the Permit before proceeding with the activity'';
2. establish procedures to monitor and annually verify equipment
reliability, such as heat or smoke detectors, or security equipment
that is replaced frequently, to determine if that equipment needs
upgrading or system changes are needed; and
3. revise operations, maintenance, and emergency procedures to
specify which section in 10 CFR part 36 is being met by each task,
to help ensure staff's technical understanding of procedural
requirements.
I. Within 180 days of the issuance date of the Confirmatory
Order, DAF will submit to the NRC a license amendment request to
update License Condition 13 of NRC License No. 42-23539-01AF to
describe irradiator activities that shall be performed only by
persons specifically licensed to perform these activities by the NRC
or by an Agreement State.
J. Within 90 days of the issuance date of the Confirmatory
Order, all permittees subject to 10 CFR part 37 will revise their
Security Plans to include guidance on temporary security measures to
be implemented in the event of security equipment loss.
K. Within 90 days of the issuance date of the Confirmatory
Order, permittees subject to 10 CFR part 37 will update their
required security training to include:
1. lessons learned from the 2024 event, and
2. topics of security equipment loss due to radiation exposure,
staffing needs, and other considerations based upon the updated
Security Plan and access control/physical protection systems that
are currently in place.
L. Within 180 days of the issuance date of the Confirmatory
Order, the permittee will, for each type of applicable Emergency
Procedure described in 10 CFR 36.53(b), document the temporary
compensatory security measures that may be used to meet security
requirements.
M. By January 31 of each calendar year 2027 through 2029,
licensee will send the NRC a summary of the actions implemented the
previous calendar year as a result of the Confirmatory Order.
N. Until December 31, 2030, licensee will retain a copy of all
documentation and records necessary to demonstrate compliance with
the conditions of the Confirmatory Order.
O. Documents that are required to be sent to the NRC as a result
of the Confirmatory Order conditions will be sent to the Chief
Nuclear Materials Inspector, U.S. Nuclear Regulatory Commission, and
by email to <a href="/cdn-cgi/l/email-protection#633157260d050c1100060e060d17230d11004d040c15">[email&#160;protected]</a>.
P. In consideration of the Conditions delineated above, the NRC
agrees not to issue a notice of violation and not to impose a civil
penalty for the apparent violations documented in NRC Inspection
Report 030-28641/2024-001 to DAF dated April 20, 2026.
Q. In the event of the transfer of the license to another
entity, the terms and conditions set forth hereunder shall continue
to apply to the new entity and accordingly survive any transfer of
ownership or license.
R. The NRC and licensee agree that the above conditions will be
incorporated into a Confirmatory Order.
On September 10, 2026, DAF consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. DAF further agreed that this Confirmatory Order is to be
effective upon issuance, the agreement memorialized in this
Confirmatory Order settles the matter between the parties, and that
DAF has waived its right to a hearing.

I find that the corrective actions that DAF has already
implemented, as described in Section III above, combined with the
commitments as set forth in Section V below are acceptable and
necessary, and I 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 DAF's
commitments be confirmed by this Confirmatory Order. Based on the
above and DAF's consent, this Confirmatory Order is effective upon
issuance.

Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and
187 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR part 30, it is
hereby ordered, effective upon issuance, that license No. 42-23539-
01AF is modified as follows:
A. Within 365 days of the issuance date of the Confirmatory
Order, DAF will:
1. revise its procedures associated with RIC responsibilities to
require that the RIC Secretariat (RICS) review and advise the RIC on
all incidents or mishaps involving radioactive material (RAM) or
special situations involving RAM as requested by the RIC, Air Staff,
or Major Commands;
2. revise its procedures associated with investigating
radioactive materials incidents and mishaps to include timeframes
for the RICS to be onsite for response, for developing a sequence of
events, evaluating the permit program, and assessing the cause of
the event. The procedures shall include a description of how the
RICS will interface with the Air Force Inspection Agency (AFIA)
inspector during any reactive inspections; and
3. revise its procedures associated with RICS responsibilities
to require AFRL to administer the annual safety reviews for
irradiator staff required by 10 CFR 36.51(d) and the tests required
by 10 CFR 36.51(g). DAF will ensure that the safety reviews and
tests incorporate lessons learned from the 2024 stuck source and
associated events.
B. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. establish or update the irradiator permit procedures for
reporting in accordance with 10 CFR 36.83, ``Reports'', and
maintaining records in accordance with 10 CFR 36.81, ``Records and
retention periods'';
2. identify the actions and situations that are considered
exceptions from the panoramic irradiator procedures that require
approval in writing from the RICS, and incorporate this written
approval requirement into the applicable procedures;
3. submit the device safety evaluation to the NRC for review;
4. revise the AFRL irradiator permit to: (1) update condition
11.A to specify that the authorized use of the panoramic irradiator
will be in accordance with the licensee's device safety evaluation,
and (2) update the appropriate condition to specify that the
possession, use, and maintenance of the panoramic irradiator will be
in accordance with the referenced statements, representation, and
procedures contained in the licensee's device safety evaluation.
C. Within 365 days of the issuance date of the confirmatory
order, DAF will:
1. distribute to each Permittee, Permit Radiation Safety Officer
(PRSO) and Alternate PRSO (APRSO), and employees and contractors
that perform work under MML permits, a notice that describes that
during the stuck source event, the PRSO directed staff to perform
work without procedures, and did so deliberately even though they
knew the work required procedures, and that the work was prohibited
by the Radiation Safety Plan and Permit. The notice shall describe
that the work caused the

[[Page 60659]]

source to become stuck out of the shield for 5 additional months,
and that a questioning attitude could have resulted in a different
outcome.
The notice shall reference Department of the Air Force Manual
(DAFMAN) 40-201 Chapter 6 (Willful Violations) and highlight the
importance of questioning attitudes for radiation safety. DAF will
verify that permittees have reviewed the notice.
2. incorporate elements of the NRC's Safety Culture Policy
Statement and associated resources into DAFMAN 40-201 and establish
a requirement that permittees provide training on the updated policy
and the Safety Culture expectations to each PRSO, APRSO, and staff
that perform work under MML permits; and
3. establish/update a procedure that lists items the RICS is
expected to communicate with the NRC Project Manager on a periodic
basis.
D. Within 365 days of the issuance date of the Confirmatory
Order, DAF will establish/update procedure(s) that detail protocols
for the RIC to direct investigations of RAM incidents and mishaps.
The procedure(s) shall:
1. include the methods the RICS will use to communicate with Air
Force leadership and the RIC Chairs so that priority is assigned and
resources for incidents and mishaps are obtained;
2. establish timeframes for required or periodic updates to the
NRC and methods to document as-found conditions for the incident or
mishap;
3. establish when and how restrictions can be placed on
permittees;
4. establish how the RIC will advise and provide written
approval for the RICS to conclude the investigation;
5. establish the responsibilities of both the RICS and RIC to
review the root cause analysis prior to closing an incident/mishap
investigation; and
6. establish the responsibilities of both the RICS and RIC to
review and approve corrective actions, as appropriate.
E. Within 2 years of the issuance date of the Confirmatory
Order, DAF will establish an operations and configuration manual and
schematic for the irradiator control console that identifies
equipment, cables, electronics, components and standard
configuration needed for normal irradiator operations. The
operations and configuration manual and schematic will explicitly
identify which maintenance activities may be performed by irradiator
staff without notification of the RICS.
F. Within 180 days of the issuance date of the Confirmatory
Order, DAF will establish a procedure to:
1. annually inspect the Emergency Cable System to verify that
the condition and configuration are as described in the device
safety evaluation;
2. establish a testing protocol for the Emergency Cable System
based on the service provider's recommendations and previous
Emergency Cable System inspection results; and
3. test the Emergency Cable System for functionality any time
the cable is disconnected and reconnected.
G. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. establish a method to ensure the required annual inspection
and maintenance for the AFRL irradiator is performed by persons
specifically authorized to perform these activities by the NRC or by
an Agreement State; and
2. for maintenance performed on the device by AFRL staff,
a. revise the maintenance procedures with expanded procedural
steps instructing staff in what is involved in the task, and how
each task should be completed,
b. establish procedures that require each person performing
maintenance activities to sign off on work they completed, and
c. revise procedures to complete the work log used to record
general activities or work that occurs infrequently.
H. Within 180 days of the issuance date of the Confirmatory
Order, DAF will:
1. include the following statement in the operations,
maintenance, and emergency procedures:
``Procedures are expected to be performed as described with the
current version of the procedure in-hand. If a procedure is found
not to cover the expected activity or the steps cannot be followed
as written, the activity shall be stopped, the irradiator shall be
placed in a safe condition, and the procedure shall be changed in
accordance with the Permit before proceeding with the activity'';
2. establish procedures to monitor and annually verify equipment
reliability, such as heat or smoke detectors, or security equipment
that is replaced frequently, to determine if that equipment needs
upgrading or system changes are needed; and
3. revise operations, maintenance, and emergency procedures to
specify which section in 10 CFR part 36 is being met by each task,
to help ensure staff's technical understanding of procedural
requirements.
I. Within 180 days of the issuance date of the Confirmatory
Order, DAF will submit to the NRC a license amendment request to
update License Condition 13 of NRC License No. 42-23539-01AF to
describe irradiator activities that shall be performed only by
persons specifically licensed to perform these activities by the NRC
or by an Agreement State.
J. Within 90 days of the issuance date of the Confirmatory
Order, all permittees subject to 10 CFR part 37 will revise their
Security Plans to include guidance on temporary security measures to
be implemented in the event of security equipment loss.
K. Within 90 days of the issuance date of the Confirmatory
Order, permittees subject to 10 CFR part 37 will update their
required security training to include:
1. lessons learned from the 2024 event, and
2. topics of security equipment loss due to radiation exposure,
staffing needs, and other considerations based upon the updated
Security Plan and access control/physical protection systems that
are currently in place.
L. Within 180 days of the issuance date of the Confirmatory
Order, the permittee will, for each type of applicable Emergency
Procedure described in 10 CFR 36.53(b), document the temporary
compensatory security measures that may be used to meet security
requirements.
M. By January 31 of each calendar year 2027 through 2029,
licensee will send the NRC a summary of the actions implemented the
previous calendar year as a result of the Confirmatory Order.
N. Until December 31, 2030, licensee will retain a copy of all
documentation and records necessary to demonstrate compliance with
the conditions of the Confirmatory Order. Documents that are
required to be sent to the NRC as a result of the Confirmatory Order
conditions will be sent to the Chief Nuclear Materials Inspector,
U.S. Nuclear Regulatory Commission, and by email to
<a href="/cdn-cgi/l/email-protection#a3f197e6cdc5ccd1c0c6cec6cdd7e3cdd1c08dc4ccd5">[email&#160;protected]</a>.
In the event of transfer of the license to another entity, the
terms and conditions set forth hereunder shall continue to apply to
the new entity and accordingly survive any transfer of ownership or
license. The Chief Nuclear Materials Inspector may, in writing,
relax or rescind any of the above conditions upon demonstration by
DAF or its successors of good cause.

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this Confirmatory Order, other than DAF, may
request a hearing within thirty (30) calendar days of the date of
issuance of this Confirmatory Order. 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 Chief Nuclear Materials Inspector, Office of Nuclear Materials
Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a statement of good cause for the
extension.
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage
media, unless an exemption permitting an alternative filing method,
as further discussed, is granted. Detailed guidance on electronic
submissions is located in the ``Guidance for Electronic Submissions
to the NRC'' (ADAMS Accession No. ML13031A056) and on the NRC's
public website at <a href="https://www.nrc.gov/site-help/e-submittals.html">https://www.nrc.gov/site-help/e-submittals.html</a>.
To comply with the procedural requirements of E-Filing, at least
10 days prior to the filing deadline, the participant should contact
the Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#feb69b9f8c979099d0ba919d959b8abe908c9dd0999188">[email&#160;protected]</a>, or
by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or
its counsel or representative) to digitally sign submissions and
access the E-Filing system for any proceeding in which it is
participating; and (2) advise the Secretary that the participant
will be submitting a petition or other

[[Page 60660]]

adjudicatory document (even in instances in which the participant,
or its counsel or representative, already holds an NRC-issued
digital ID certificate). Based upon this information, the Secretary
will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at <a href="https://www.nrc.gov/site-help/e-submittals/getting-started.html">https://www.nrc.gov/site-help/e-submittals/getting-started.html</a>. After a digital ID
certificate is obtained and a docket created, the participant must
submit adjudicatory documents in Portable Document Format. Guidance
on submissions is available on the NRC's public website at <a href="https://www.nrc.gov/site-help/electronic-sub-ref-mat.html">https://www.nrc.gov/site-help/electronic-sub-ref-mat.html</a>. A filing is
considered complete at the time the document is submitted through
the NRC's E-Filing system. To be timely, an electronic filing must
be submitted to the E-Filing system no later than 11:59 p.m. ET on
the due date. Upon receipt of a transmission, the E-Filing system
time-stamps the document and sends the submitter an email confirming
receipt of the document. The E-Filing system also distributes an
email that provides access to the document to the NRC's Office of
the General Counsel and any others who have advised the Office of
the Secretary that they wish to participate in the proceeding, so
that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their
counsel or representative) must apply for and receive a digital ID
certificate before adjudicatory documents are filed to obtain access
to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the
NRC's public website at <a href="https://www.nrc.gov/site-help/e-submittals.html">https://www.nrc.gov/site-help/e-submittals.html</a>, by email to <a href="/cdn-cgi/l/email-protection#88c5dbc0cca6daedfbe7fdfaebedc8e6faeba6efe7fe">[email&#160;protected]</a>, or by a toll-
free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is
available between 9 a.m. and 6 p.m., ET, Monday through Friday,
except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request,
in accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this
manner are responsible for serving the documents on all other
participants. Participants granted an exemption under 10 CFR
2.302(g)(2) must still meet the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the participant also seeks and is granted
an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in
the NRC's electronic hearing docket, which is publicly available at
<a href="https://ehd.nrc.gov/">https://ehd.nrc.gov/</a>, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy
information such as social security numbers, home addresses, or
personal phone numbers in their filings unless an NRC regulation or
other law requires submission of such information. With respect to
copyrighted works, except for limited excerpts that serve the
purpose of the adjudicatory filings and would constitute a Fair Use
application, participants should not include copyrighted materials
in their submission.
The Commission will issue a notice or order granting or denying
a hearing request or intervention petition, designating the issues
for any hearing that will be held and designating the Presiding
Officer. A notice granting a hearing will be published in the
Federal Register and served on the parties to the hearing.
If a person (other than DAF) requests a hearing, that person
shall set forth with particularity the manner in which his interest
is adversely affected by this Confirmatory Order and shall address
the criteria set forth in 10 CFR 2.309(d) and (f).
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 hearings. 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 V above shall be final 30 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 V shall be final
when the extension expires if a hearing request has not been
received.

For the Nuclear Regulatory Commission.

/RA/

Jamie Pelton,

Chief Nuclear Materials Inspector, Office of Nuclear Materials
Safety and Safeguards.

Dated this 14th day of September 2026.

[FR Doc. 2026-19549 Filed 9-23-26; 8:45 am]
BILLING CODE 7590-01-P

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