[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54499-54502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22417]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0203]


 In the Matter of Entergy Operations, Inc. and Entergy Nuclear 
Operations, Inc.; Confirmatory Order Modifying Licenses (Effective 
Immediately)

)EA-11-096
Docket Nos. 050-00313; 050-00368; 050-00333; 050-00416; 050-00247; 
050-00286; 050-00255; 050-00293; 050-00458; 050-00271; 050-00382
License Nos. DPR-51; NPF-6; DPR-59; NFP-29; DPR-26; DPR-64; DPR-20; 
DPR-35; NFP-47; DPR-28; NFP-38

I

    Entergy Operations, Inc. and Entergy Nuclear Operations, Inc., 
(collectively Entergy) are the holders of Operating License Nos. DPR-
51; NPF-6; DPR-59; NFP-29; DPR-26; DPR-64; DPR-20; DPR-35; NFP-47; DPR-
28 and NFP-38 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to Title 10 of the Code of Federal Regulations (10 
CFR) part 50. The licenses authorize the operation of Arkansas Nuclear 
One, Units 1 & 2, James Fitzpatrick Nuclear Power Plant, Grand Gulf 
Nuclear Station, Unit 1, Indian Point Nuclear Generating, Units 2 & 3, 
Palisades Nuclear Plant, Pilgrim Nuclear Power Station, River Bend 
Station, Vermont Yankee Nuclear Power Station and Waterford Steam 
Electric Station, Unit 3 (collectively, the Facilities), in accordance 
with conditions specified therein. The Facilities are located in the 
vicinity of the following cities: Russellville, Arkansas; Oswego, New 
York; Vicksburg, Mississippi; New York City, New York; South Haven, 
Michigan; Boston, Massachusetts; Baton Rouge, Louisiana; Brattleboro, 
Vermont and New Orleans, Louisiana, respectively.
    This confirmatory order (referenced as CO, Confirmatory Order or 
Order) is the result of an agreement reached during an alternative 
dispute resolution (ADR) mediation session conducted on July 18, 2011 
in Washington, DC.

II

    On March 17, 2011, the NRC Office of Investigations (OI) issued its 
report of investigation (OI Case No. 4-2010-053). Based on the evidence 
developed during its investigation, the NRC identified an apparent 
violation of 10 CFR 50.7 involving an employee at the River Bend 
Station who was rated lower in his/her 2008 annual performance 
appraisal because the employee questioned the qualifications necessary 
to perform certain work activities in compliance with the applicable 
plant procedure(s).
    By letter May 20, 2011, the NRC identified to Entergy the apparent 
violation of 10 CFR 50.7 and offered Entergy the opportunity to provide 
a written response, attend a pre-decisional enforcement conference, or 
request ADR. Entergy chose ADR.
    On July 18, 2011, the NRC and Entergy met in an ADR session 
mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution. ADR through mediation is 
a process in which a neutral mediator with no decision-making authority 
assists the parties in reaching an agreement. This Confirmatory Order 
is issued pursuant to the agreement reached during the ADR process.

III

    The NRC acknowledges that Entergy on its own initiative undertook a 
number of actions prior to the issuance

[[Page 54500]]

of the NRC's May 20, 2011 letter. Those actions are summarized below:
    1. Conducting remedial 10 CFR 50.7 training to key managers at 
River Bend, Palisades and Grand Gulf nuclear power plants;
    2. Debriefing the employee in question on the results of the 
company's investigation and corrective actions, including revision of 
his/her 2008 appraisal and other corrective actions;
    3. Conducting fleet-wide training for Employee Concerns Program 
(ECP) personnel;
    4. Completing an apparent cause evaluation relating to the 
company's ECP investigation;
    5. Holding a management meeting with the employee in question again 
to review corrective actions;
    6. Reviewing all closed ECP retaliation type concerns fleet-wide 
from 2008 and 2009;
    7. Conducting 4-hour 10 CFR 50.7 training to select River Bend 
Station management personnel;
    8. Completing fleet-wide review of all 2009 appraisals for 
employees with overall ``Improvement Required'' rating;
    9. Completing benchmarking evaluation of ECP practices and 
procedures;
    10. Revising procedure EN-MA-102, Inspection Program;
    11. Issuing guidance on preparation and conduct of performance 
improvement plans;
    12. Providing 3-hour 10 CFR 50.7 training for all supervisors and 
above fleet-wide (ongoing as of the date of this CO); and
    13. Developing procedure EN-EC-100-01 ``Employee Concern 
Coordinator Training Program'' to provide instructions for ECP 
coordinator qualifications.
    During the ADR mediation session, an agreement in principle was 
reached where Entergy agreed to take the following additional actions:
    1. Entergy will reorganize the Quality Control (QC) reporting 
relationship so that those persons whose primary function is to assign 
or perform QC inspections will report directly to a manager in the 
Quality Assurance (QA) organization. These same persons may have a 
dotted line reporting relationship to the site Maintenance department 
and may be tasked to perform maintenance activities other than QC 
inspections. Entergy will provide to the Director, Office of 
Enforcement, a plan to accomplish this reorganization within 90 days 
after the issuance of this CO and will complete the transition 
described above within 270 days after the issuance of this CO. If 
Entergy is unable to provide a plan or complete the transition as 
described above, this CO shall be null and void and the NRC reserves 
the right to reenter the enforcement process in the underlying matter.
    2. Entergy will review its existing general employee training (GET) 
to ensure adequate coverage of 10 CFR 50.7, including insights from the 
underlying matter. To that end, Entergy will create a document 
identifying the relevant ``lessons-learned'' from the facts of this 
matter, and in reviewing its GET, Entergy will ensure that these 
lessons-learned are addressed in the training materials. Entergy will 
also document the results of its review of the GET within 60 days after 
the issuance of the CO. If this review reveals a need to revise the 
GET, Entergy will make the appropriate revisions within 180 days of the 
issuance of this CO.
    3. Entergy will review its existing training provided to new 
supervisors to ensure adequate coverage of 10 CFR 50.7 including 
insights from the underlying matter. To that end, Entergy will create a 
document identifying the relevant ``lessons-learned'' from the facts of 
this matter, and in reviewing the training provided to new supervisors, 
Entergy will ensure that these lessons-learned are addressed in the 
training materials. Entergy will also document the results of its 
review of the training within 60 days after the issuance of the CO. If 
this review reveals a need to revise the supervisory training, Entergy 
will make the appropriate revisions within 180 days of the issuance of 
this CO.
    4. Within 30 days after the issuance of this CO, a senior Entergy 
nuclear executive will issue a fleet-wide written communication 
reinforcing Entergy's commitment to maintaining a safety conscious work 
environment and reaffirming Entergy's insistence upon the protection of 
employees' right and obligation to raise safety issues without fear of 
retaliation.
    5. Within 365 days after the issuance of this CO, subcommittees of 
Entergy's Safety Review Committees (both for Boiling Water Reactors and 
Pressurized Water Reactors) will conduct an effectiveness review of ECP 
procedural enhancements and the ECP training that arose from the 
corrective actions taken in relation to this matter. This review will 
include a sampling review of ECP investigations and reports. These 
subcommittees will document their analyses and findings and make the 
results available for NRC review.
    6. By no later than December 31, 2012, Entergy will conduct a 
safety culture survey at the River Bend Station comparable to the 
independent survey conducted in 2009 at RBS and make the results 
available for NRC review.
    On August 15, 2011, Entergy consented to issuing this CO with the 
commitments, as described in Section V below. Entergy further agreed 
that this Order is to be effective upon issuance and that it has waived 
its right to a hearing.

IV

    Since the licensee has agreed to take additional actions to address 
NRC concerns, as set forth in Item III above, the NRC has concluded 
that its concerns can be resolved through issuance of this Confirmatory 
Order and thereby has agreed not to pursue further action in connection 
with the NRC's May 20, 2011 letter to Entergy relating to OI 
investigation 4-2010-053.
    I find that Entergy's commitments as set forth in Section V 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 
Entergy's commitments be confirmed by this Confirmatory Order. Based on 
the above and Entergy's consent, this Confirmatory Order is immediately 
effective upon issuance. By no later than 30 days after the completion 
of the last requirement of Section V, Entergy is required to notify the 
NRC in writing and summarize its actions.

V

    Accordingly, pursuant to Sections 104b, 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. Entergy will reorganize the Quality Control (QC) reporting 
relationship so that those persons whose primary function is to assign 
or perform QC inspections will report directly to a manager in the 
Quality Assurance (QA) organization. These same persons may have a 
dotted line reporting relationship to the site Maintenance department 
and may be tasked to perform maintenance activities other than QC 
inspections. Entergy will provide the Director, Office of Enforcement, 
a plan to accomplish this reorganization within 90 days after the 
issuance of this CO and will complete the transition described above 
within 270 days after the issuance of this CO. If Entergy is unable to 
provide a plan or complete the transition as described above, this CO 
shall be null and void and the NRC reserves the right to reenter the 
enforcement process in the underlying matter.

[[Page 54501]]

    2. Entergy will review its existing general employee training (GET) 
to ensure adequate coverage of 10 CFR 50.7, including insights from the 
underlying matter. To that end, Entergy will create a document 
identifying the relevant ``lessons-learned'' from the facts of this 
matter, and in reviewing its GET, Entergy will ensure that these 
lessons-learned are addressed in the training materials. Entergy will 
also document the results of its review of the GET within 60 days after 
the issuance of the CO. If this review reveals a need to revise the 
GET, Entergy will make the appropriate revisions within 180 days of the 
issuance of this CO.
    3. Entergy will review its existing training provided to new 
supervisors to ensure adequate coverage of 10 CFR 50.7 including 
insights from the underlying matter. To that end, Entergy will create a 
document identifying the relevant ``lessons-learned'' from the facts of 
this matter, and in reviewing the training provided to new supervisors, 
Entergy will ensure that these lessons-learned are addressed in the 
training materials. Entergy will also document the results of its 
review of the training within 60 days after the issuance of the CO. If 
this review reveals a need to revise the supervisory training, Entergy 
will make the appropriate revisions within 180 days of the issuance of 
this CO.
    4. Within 30 days after the issuance of this CO, a senior Entergy 
nuclear executive will issue a fleet-wide written communication 
reinforcing Entergy's commitment to maintaining a safety conscious work 
environment and reaffirming Entergy's insistence upon the protection of 
employees' right and obligation to raise safety issues without fear of 
retaliation.
    5. Within 365 days after the issuance of this CO, subcommittees of 
Entergy's Safety Review Committees (both for Boiling Water Reactors and 
Pressurized Water Reactors) will conduct an effectiveness review of ECP 
procedural enhancements and the ECP training that arose from the 
corrective actions taken in relation to this matter. This review will 
include a sampling review of ECP investigations and reports. These 
subcommittees will document their analyses and findings and make the 
results available for NRC review.
    6. By no later than December 31, 2012, Entergy will conduct a 
safety culture survey at the River Bend Station comparable to the 
independent survey conducted in 2009 at RBS and make the results 
available for NRC review.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Entergy of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Entergy, may request a hearing within 20 days of its publication 
in the Federal Register. 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 include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). 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. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
[email protected], or by telephone at 301-415-1677, to request (1) 
A digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (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 hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://

[[Page 54502]]

www.nrc.gov/site-help/e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home 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 are requested not to 
include copyrighted materials in their submission.
    If a person (other than Energy) 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 hearing. 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 20 days from the date this 
Confirmatory Order is published in the Federal Register 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.
    A Request for Hearing Shall Not Stay the Immediate Effectiveness of 
This Order.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, MD, this 24th day of August 2011.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2011-22417 Filed 8-31-11; 8:45 am]
BILLING CODE 7590-01-P