[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10833-10834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4934]
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NUCLEAR REGULATORY COMMISSION
[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
I
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.
II
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.
III
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.
IV
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.
V
After reviewing your response, the NRC will determine whether
further action is necessary to ensure compliance with regulatory
requirements.
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]
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