[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5853-5856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2596]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0028; Docket Nos.: 50-333; 50-313; 50-368; 50-416; 50-247;
50-286; 50-255; 50-293; 50-458; 50-271; 50-382: License Nos.: DPR-59;
DPR-51; NFP-6; NFP-29; DPR-26; DPR-64; DPR-20; DPR-35; NFP-47; DPR-28;
NFP-38; EA-10-090; EA-10-248; EA-11-160]
In the Matter of Entergy Nuclear Operations Inc; Confirmatory
Order Modifying License (Effective Immediately)
I
Entergy Nuclear Operations, Inc. (Entergy or licensee) is the
holder of Operating License Nos. DPR-59, DPR-51, NFP-6, NFP-29, DPR-26,
DPR-64, DPR-20, DPR-35, NFP-47, DPR-28, and NFP-38, issued by the U.S.
Nuclear Regulatory Commission (NRC or the Commission) pursuant to Title
10 of the Code of Federal Regulations (10 CFR) part 50. The licenses
authorize operation of the James A. FitzPatrick Nuclear Power Plant,
Arkansas Nuclear One Units 1 & 2, 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: Oswego, New York; Russellville, Arkansas; 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 is the result of an agreement reached
during an ADR mediation session conducted on November 9, 2011, in the
NRC Region I office in King of Prussia, Pennsylvania.
II
On July 1, 2009, February 5, 2010, and April 8, 2010, the NRC
Office of Investigations (OI) initiated separate investigations (OI
Case Nos. 1-2009-041, 1-2010-019, and 1-2010-031, respectively) at
Entergy's James A. FitzPatrick Nuclear Power Plant facility
(FitzPatrick). Based on the evidence developed during these
investigations, the NRC concluded that FitzPatrick radiation protection
technicians (RPTs), on occasions between 2006 and 2009, failed to: (1)
Test required individuals for respirator fit in accordance with the
requirements specified in 10 CFR Section 20.1703 and site procedures;
(2) maintain accurate documentation of completed respirator fit
tests in accordance with the requirements of 10 CFR 50.9; (3) perform
and/or accurately document in accordance with site procedures required
by Technical Specifications (TS) and 10 CFR 50.9, independent
verification of Drywell Continuous Atmospheric Monitoring System valve
positions after the valves were manipulated; (4) document a personal
contamination event in accordance with site procedures required by TS;
(5) perform a contamination survey in accordance with site procedures
required by TS, prior to removing an item from the radiologically
controlled area; and (6) perform daily radiological surveys in
accordance with 10 CFR 20.1501(a).
In a letter dated September 8, 2011, the NRC provided Entergy the
results of the investigations, informed Entergy that escalated
enforcement action was being considered for apparent violations
identified during the investigations, and offered Entergy the
opportunity to attend a predecisional enforcement conference or to
participate in ADR.
III
In response to the September 8, 2011 NRC letter, Entergy requested
ADR. Consequently, on November 9, 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 is a process
in which a neutral mediator with no decision-making authority assists
the parties in reaching an agreement on resolving any differences
regarding the dispute. During that ADR mediation session, an agreement
in principle was reached. This Confirmatory Order is the result of that
agreement, the elements of which consisted of the following:
1. The NRC and Entergy agree on the facts as set forth in the NRC's
September 8, 2011, letter to Entergy, the violations described therein,
and willfulness of some of the violations, including deliberate actions
by one of the RPTs.
2. The NRC agrees that Entergy, upon receiving the information from
the NRC regarding these issues, immediately conducted a comprehensive
investigation into the issues. Entergy also ensured affected staff were
properly re-tested for respirator fit and determined there were no
previous radiological uptakes for the time period in question.
3. In addition, the NRC acknowledges that, prior to the ADR
session, Entergy took a number of corrective actions in response to the
violations identified at the FitzPatrick site, so as to preclude the
occurrence of similar violations in the future. These actions included:
A. Completed Corrective Actions affecting the FitzPatrick site:
a. Actions to address Individual Accountability:
i. Reviewed and adjudicated the unescorted access authorization
with individuals involved in the respirator fit test issue and
subsequent radiation protection (RP) performance issues.
ii. Completed disciplinary reviews/actions against the individuals
involved with the conduct of or the receipt of a respirator
qualification without performance of a quantitative fit test and
subsequent RP performance issues.
iii. Conducted a series of station and small group meetings between
Entergy senior management and staff to reinforce station expectations
with regard to raising issues via available station processes and
procedure compliance.
b. Actions to improve RP Procedures/Processes, and adherence to
standards:
[[Page 5854]]
i. Completed actions to address identified RP respirator test
deficiencies as documented in condition report CR-JAF-2009-02298. An
apparent cause evaluation was performed to identify the causes and
corrective actions.
ii. Increased management oversight of RP activities, as a
corrective action implemented as a result of CR-JAF-2010-1419, which
identified an adverse trend in RP Department performance. Management
provided coaching and other training to other RP supervision and
personnel to enhance effectiveness.
iii. Modified the mask fit test procedure to require individuals
being tested to sign a statement affirming that the mask fit test was
performed. Management also reviewed and modified the operation of the
portable fit test machine.
iv. Required RP technicians to complete focused training to
remediate the work practices identified during the extent of condition
review and fact finding and to bring them into alignment with station
procedures and expectations.
c. Actions to identify the extent that procedure compliance/safety
culture issues may exist in other areas:
i. Conducted a review of other processes that could be affected by
single act vulnerabilities.
ii. Completed focused crew assessments regarding departments
outside of RP.
iii. Performed an extent of condition review by an independent
reviewer regarding activities outside of RP.
iv. Completed an independent safety culture assessment, and
developed and completed actions to enhance the safety culture at
FitzPatrick.
v. Implemented cross-functional observations by managers of other
departments with a focus on procedure adherence and enforcement of
standards in the conduct of work.
d. Performed an effectiveness review of corrective actions taken to
enhance procedural compliance and related work practices in the
FitzPatrick RP Department. Additionally, Entergy Quality Assurance
personnel performed a minimum of two observations of each shift RPT to
confirm that the technicians performed assigned tasks in accordance
with applicable procedures.
B. Completed Corrective Actions affecting the Entergy Nuclear
Fleet:
a. Completed safety culture assessments at each of Entergy's nine
commercial nuclear power plants in 2009.
b. Conducted training for Entergy nuclear fleet personnel,
including personnel at FitzPatrick, on the requirements of 10 CFR 50.5
and 50.9. Supervisors and above, as well as those non-supervisors who
have responsibility for communicating with the NRC, received
instructor-based training. Others received computer-based training.
c. Provided training to detect and prevent retaliation (based on
the requirements of 10 CFR 50.7) to supervisors and above at
FitzPatrick and other fleet sites.
d. Entergy's Chief Nuclear Officer sent a message to the entire
Entergy nuclear workforce, via electronic mail, informing them of the
underlying misconduct related to the violations and stressing the
importance of integrity.
4. As part of the settlement agreement in principle, Entergy also
agreed to take additional actions to ensure that the effectiveness of
corrective actions previously taken, and to ensure that lessons learned
from these events, is extended to the Entergy fleet and to the
industry:
A. Entergy will review its existing fleet-wide general employee
training to ensure adequate coverage of the lessons learned from the
event that formed the basis for the Confirmatory Order (CO), regarding
both procedural compliance and the requirement to maintain complete and
accurate records in accordance with 10 CFR 50.9. Entergy will document
the results of this review of the general employee training within 60
days after the issuance of the CO. If this review reveals a need to
revise the general employee training, Entergy will make the appropriate
revisions within 180 days of the date of the CO.
B. Entergy will prepare a case study about the event that formed
the basis of the CO, highlighting the role of those who had the
opportunity to detect, report, and prevent the misconduct, as well as
on the actions of the individuals who engaged in the misconduct. The
Site Vice President or General Manager for Plant Operations at each of
Entergy's nine commercial nuclear power plants will present the case
study during two station-wide meetings to ensure that both day and
night shift personnel will have the opportunity to attend. Entergy will
complete these presentations within 180 days of the date of the CO.
Entergy will make this case study available for NRC review before
conducting these station-wide meetings.
C. Within 90 days of the date of the CO, Entergy will add a
commitment to the commitment tracking system to maintain the safety
culture monitoring processes as described in NEI 09-07 ``Fostering a
Strong Nuclear Safety Culture,'' or similar processes, at Entergy's
nine commercial nuclear power plants.
D. Within 90 days of the date of the CO, Entergy will review its
procedure EN-QV-136, Nuclear Safety Culture Monitoring, which
implements the safety culture monitoring processes in NEI 09-07
``Fostering a Strong Nuclear Safety Culture,'' to determine whether the
procedure (if that procedure had been in effect at the time of the
violations) would have detected the safety culture weaknesses that led
to the misconduct that formed the basis for the CO. If the review
indicates that the implementation of that procedure may not have
detected the weaknesses, Entergy will develop enhancements to the NEI
process that would improve the ability to detect those weaknesses and
revise the Entergy procedure accordingly. Entergy will complete this
procedure revision, if needed, within 120 days of the completion of
that review. Additionally, within 30 days after revising its procedure,
Entergy will provide the results of its review to NEI for its
consideration in revising NEI document 09-07 ``Fostering a Strong
Nuclear Safety Culture.'' Entergy will make the results of this review
available for NRC review.
E. Within 360 days of the date of the CO, Entergy will deliver a
presentation to Regional Utility Groups (RUG) or Plant Managers
Meetings at Regions I, II, III, and IV, which will discuss the events
that led to this CO, the lessons learned, and actions taken. If any of
the RUGS or Plant Managers Meetings schedules will not support
completion of this action, Entergy will contact the Regional
Administrator, Region I, to provide notice and to resolve the
scheduling issue.
F. Within 360 days of the date of the CO, Entergy will develop an
assessment plan and conduct an assessment consistent with that plan of
the RP Departments at the nine Entergy commercial nuclear power plants.
That assessment will review the rigor with which members of the RP
Departments perform and document routine department activities. If
those assessments identify performance or documentation issues, Entergy
will enter those issues into its corrective action programs. Prior to
the conduct of the first assessment, Entergy will make the assessment
plan available to the NRC for review.
G. Within 30 days of completion of all of the actions described in
items 4A-F, Entergy will send the NRC a letter informing the Commission
that all actions are complete, to facilitate NRC confirmatory reviews.
5. Entergy also agreed to notify the senior resident inspectors at
each of the Entergy sites, regarding the dates and
[[Page 5855]]
times of the site-wide case study presentation meetings, described
above in Item 4.B, which will be conducted at their respective sites.
In light of the actions that Entergy took as noted in Item 3, as
well as the additional actions Entergy committed to as described in
Items 4 and 5, the NRC agreed to not issue a civil penalty for the
violations that are the subject of this ADR.
On January 20, 2012, the Licensee consented to issuing this Order
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.
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 Order. Based on the above
and Entergy's consent, this Confirmatory Order is immediately effective
upon issuance.
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:
A. Entergy will review its existing fleet-wide general employee
training to ensure adequate coverage of the lessons learned from the
event that formed the basis for the CO, regarding both procedural
compliance and the requirement to maintain complete and accurate
records in accordance with 10 CFR 50.9. Entergy will document the
results of this review of the general employee training within 60 days
after the issuance of the CO. If this review reveals a need to revise
the general employee training, Entergy will make the appropriate
revisions within 180 days of the date of the CO.
B. Entergy will prepare a case study about the event that formed
the basis of the CO, highlighting the role of those who had the
opportunity to detect, report, and prevent the misconduct, as well as
on the actions of the individuals who engaged in the misconduct. The
Site Vice President or General Manager for Plant Operations at each of
Entergy's nine commercial nuclear power plants will present the case
study during two station-wide meetings to ensure that both day and
night shift personnel will have the opportunity to attend. Entergy will
complete these presentations within 180 days of the date of the CO.
Entergy will make this case study available for NRC review before
conducting these station-wide meetings, and will notify the senior
resident inspectors at each of the Entergy sites regarding the dates
and times of these meetings at their respective sites.
C. Within 90 days of the date of the CO, Entergy will add a
commitment to the commitment tracking system to maintain the safety
culture monitoring processes as described in NEI 09-07 ``Fostering a
Strong Nuclear Safety Culture,'' or similar processes, at Entergy's
nine commercial nuclear power plants.
D. Within 90 days of the date of the CO, Entergy will review its
procedure EN-QV-136, Nuclear Safety Culture Monitoring, which
implements the safety culture monitoring processes in NEI 09-07
``Fostering a Strong Nuclear Safety Culture,'' to determine whether the
procedure (if that procedure had been in effect at the time of the
violations) would have detected the safety culture weaknesses that led
to the misconduct that formed the basis for the CO. If the review
indicates that the implementation of that procedure may not have
detected the weaknesses, Entergy will develop enhancements to the NEI
process that would improve the ability to detect those weaknesses and
revise the Entergy procedure accordingly. Entergy will complete this
procedure revision, if needed, within 120 days of the completion of
that review. Additionally, within 30 days after revising its procedure,
Entergy will provide the results of its review to NEI for its
consideration in revising NEI document 09-07 ``Fostering a Strong
Nuclear Safety Culture.'' Entergy will make the results of this review
available for NRC review.
E. Within 360 days of the date of the CO, Entergy will deliver a
presentation to Regional Utility Groups (RUG) or Plant Managers
Meetings at Regions I, II, III, and IV, which will discuss the events
that led to this CO, the lessons learned, and actions taken. If any of
the RUGS or Plant Managers Meetings schedules will not support
completion of this action, Entergy will contact the Regional
Administrator, Region I, to provide notice and to resolve the
scheduling issue.
F. Within 360 days of the date of the CO, Entergy will develop an
assessment plan and conduct an assessment consistent with that plan of
the RP Departments at the nine Entergy commercial nuclear power plants.
That assessment will review the rigor with which members of the RP
Departments perform and document routine department activities. If
those assessments identify performance or documentation issues, Entergy
will enter those issues into its corrective action programs. Prior to
the conduct of the first assessment, Entergy will make the assessment
plan available to the NRC for review.
G. Within 30 days of completion of all of the actions described in
items A-F, Entergy will send the NRC a letter informing the Commission
that all actions are complete, to facilitate NRC confirmatory reviews.
The NRC Region I Regional Administrator, 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 email at
[[Page 5856]]
[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 email notice confirming receipt of the document. The
E-Filing system also distributes an email 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://www.nrc.gov/site-help/e-submittals.html, by email 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://adams.nrc.gov/ehd/, 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 Entergy) 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 this 26th day of January 2012.
William M. Dean,
Regional Administrator, NRC Region I.
[FR Doc. 2012-2596 Filed 2-3-12; 8:45 am]
BILLING CODE 7590-01-P