[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Pages 10833-10834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4934]



[Docket No. 05000271; License No. DPR-28; EA-10-034; NRC-2010-0089]

In the Matter of Entergy Nuclear Operations; Vermont Yankee 
Nuclear Power Station; Demand for Information


    Entergy Nuclear Operations (Entergy) is the holder of Facility 
Operating License No. DPR-28, issued by the U.S. Nuclear Regulatory 
Commission (NRC) pursuant to 10 CFR Part 50 on February 28, 1973. The 
license authorizes the operation of the Vermont Yankee Nuclear Power 
Station (Vermont Yankee) in accordance with conditions specified 
therein. The facility is located in Vernon, Vermont.


    The NRC has been monitoring the activities between Entergy and the 
State of Vermont regarding the veracity of statements made by Entergy 
officials and staff to the State related to underground piping at 
Vermont Yankee. On February 24, 2010, Entergy verbally informed the NRC 
of actions that Entergy has taken regarding certain employees, 
including some who were removed from their site positions at Vermont 
Yankee and placed on administrative leave, as a result of its 
independent internal investigation into alleged contradictory or 
misleading information provided to the State of Vermont that was not 
corrected. While the NRC does not have jurisdiction over the 
communications between Entergy and the State of Vermont, the NRC is 
aware that some of these individuals have responsibilities that involve 
decision-making communications material to the NRC and/or involve NRC-
regulated activities, such as Regulatory Licensing, Security, and 
Emergency Preparedness Programs.


    The NRC relies on licensees to provide complete and accurate 
information in order to make certain licensing and oversight decisions, 
as required by Title 10 of the Code of Federal Regulations (CFR) 50.9. 
To date, the NRC has not identified any instances in which Entergy 
staff or officials have provided incomplete or inaccurate information 
to the NRC. However, in light of the above, the NRC requires additional 
information from Entergy to confirm that information provided by these 
individuals is accurate and the impact of the organizational changes is 
assessed in the

[[Page 10834]]

areas of regulatory program performance and safety culture. In 
addition, Entergy has not provided the NRC with information describing 
how the recent personnel changes resulting from the independent 
internal investigation will affect Entergy's ability to implement NRC-
regulated programs at Vermont Yankee, and any compensatory measures 
Entergy has taken in response. The NRC will independently review and 
assess the results of Entergy's independent investigation, and 
determine any implications on NRC-regulated activities at the facility.


    Accordingly, pursuant to sections 161c, 161o, 182 and 186 of the 
Atomic Energy Act of 1954, as amended, and the Commission's regulations 
in 10 CFR 2.204 and 10 CFR 50.54(f), in order for the Commission to 
determine whether Vermont Yankee's license should be modified, 
suspended, or revoked, or other enforcement action taken to ensure 
compliance with NRC regulatory requirements, Entergy is required to 
submit to the Regional Administrator, NRC Region I, 475 Allendale Road, 
King of Prussia, PA, 19406 (with copies to the Director, Office of 
Enforcement and to the Assistant General Counsel for Materials 
Litigation and Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001), within 30 days of the date of this Demand 
for Information, the following information, in writing, and under oath 
or affirmation:
    1. Information regarding whether communications over the past five 
years to the NRC by the aforementioned employees that were material to 
NRC-regulated activities were complete and accurate, and the basis for 
that conclusion. The communications shall include, but not be limited 
to, required reports to the NRC, interactions with NRC inspection 
staff, and submittals to support NRC licensing decisions, including the 
license renewal process. The information shall also describe any 
impacts on safety and security for any communications to the NRC found 
to be incomplete or inaccurate.
    2. Any corrective actions or compensatory measures taken or planned 
to address any incomplete or inaccurate communications provided to the 
NRC by the aforementioned employees identified by your review conducted 
in response to Item 1.
    3. A description of how, in light of the organizational changes 
made in response to the independent internal investigation, Entergy is 
providing for appropriate implementation of NRC-regulated programs 
(e.g., Regulatory Licensing, Security, Emergency Preparedness, etc.)
    4. A description of how Entergy is identifying and responding to 
any adverse implications to the Vermont Yankee site safety culture as a 
result of this investigation, its findings, and the actions taken 
regarding the aforementioned employees.
    5. Confirmation that Entergy intends to make the independent 
internal investigation available to the NRC to allow the NRC to 
independently evaluate Entergy's investigation for any impact on NRC-
regulated activities.
    The Director, Office of Enforcement, may relax or rescind any of 
these items for good cause shown.


    After reviewing your response, the NRC will determine whether 
further action is necessary to ensure compliance with regulatory 

    Dated at Rockville, Maryland, this 1st day of March, 2010.
    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2010-4934 Filed 3-8-10; 8:45 am]