[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6598-6601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2864]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0032; Docket No. 50-255, License No. DPR-20; EA-11-214]
In the Matter of Entergy Nuclear Operations, Inc., Palisades
Nuclear Plant, 27780 Blue Star Memorial Highway, Covert, MI 49043-9530;
Confirmatory Order (Effective Immediately)
I
Entergy Nuclear Operations, Inc. (Licensee or Entergy) is the
holder of Reactor Operating License No. DPR-20 issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10
of the Code of Federal Regulations (10 CFR) part 50 on March 24, 1971.
The license authorizes the operation of the Palisades Nuclear Plant in
accordance with conditions specified therein.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on December 12, 2011.
II
On December 7, 2010, the NRC Office of Investigations (OI)
initiated investigation (OI Case No. 3-2011-003) associated with an at-
the-controls reactor operator at the Palisades Nuclear Plant who
apparently violated procedure requirements by removing himself from his
watch standing responsibilities without proper turnover and approval
from the Control Room Supervisor on October 23, 2010.
Based on the results of the OI investigation, the NRC identified
one apparent violation. The apparent violation involved the at-the-
controls reactor operator leaving the at-the-controls area of the
Control Room without providing a turnover to a qualified individual and
obtaining permission from the Control Room Supervisor. The individual's
actions were contrary to Palisades Technical Specification 5.4.1.a, as
implemented through Entergy Nuclear Management Manual EN-OP-115,
Revision 9, ``Conduct of Operations.'' Specifically, EN-OP-115, Section
4.13.b, requires that the reactor operator at-the-controls is to remain
in the at-the-controls area of the Control Room, except as necessary to
transition from one at-the-controls area to another. Section 5.11
requires that in the case where a Control Room operator needs to be
relieved during their shift, permission must be granted by the Shift
Manager or Control Room Supervisor, as applicable, and a verbal
turnover is conducted to a qualified individual.
On December 12, 2011, the NRC and Entergy met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. Alternative Dispute
Resolution 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. This Confirmatory
Order is issued pursuant to the agreement reached during the ADR
process.
III
In response to the NRC's offer, Entergy requested use of the NRC's
ADR process to resolve differences it had with the NRC. During an ADR
session on December 12, 2011, a preliminary settlement agreement was
reached. The elements of the agreement consisted of the following:
1. Entergy stated that it already completed, prior to the ADR
session, certain corrective actions that address issues underlying the
apparent violation. These actions included:
(a) Operations management conducted a briefing for Palisades
Operations personnel to communicate the importance of the at-the-
controls turnover process and the timely notification of events;
(b) Management conducted a comprehensive assessment during the week
of November 5, 2010, to assess the Palisades Operations Department's
adherence to Entergy's Conduct of Operations procedure;
(c) Entergy conducted training sessions for Palisades Shift
Managers on the role of the Shift Manager in plant operations and in
conflict resolution;
(d) Entergy reaffirmed to Palisades Operations Department personnel
the importance of raising issues to senior management;
(e) Entergy developed and presented to all licensed operators at
Palisades a case study based on the event. The case study discussed
methods for identifying, addressing, and resolving conflicts between
Control Room staff;
(f) Entergy conducted training sessions for Shift Managers at
Palisades to enhance their knowledge and performance under the
Behavioral Observation Program;
(g) The Control Room Supervisor on-shift during the event
participated in a conflict management program;
(h) Senior Palisades management developed and presented to each
licensed operator requalification class, a case study, which focused on
the
[[Page 6599]]
responsibilities of licensed operators, compliance with regulations,
and the consequences of noncompliance;
(i) Entergy developed simulator scenarios based on this event for
use at Palisades. The scenarios portrayed stressful situations that
require conflict resolution skills. These scenarios include training on
the existing requirements of EN-OP-115 (Conduct of Operations) and the
Behavioral Observation Program;
(j) Entergy developed and conducted training for Palisades
Operations personnel on stress management and conflict resolution;
(k) Entergy developed and conducted training for Palisades
Operations personnel on the requirements of the Behavioral Observation
Program; and,
(l) Entergy developed a Remediation Plan for the at-the-controls
Operator to complete before becoming eligible for consideration for the
resumption of licensed duties. Significant components of this
Remediation Plan require that the Operator:
Research and provide presentations to senior Palisades
leadership and Operations personnel on the event and the associated
duties and responsibilities of a licensed reactor operator;
Participate in interviews with senior Entergy management
to assess his eligibility and readiness to resume licensed duties;
Complete at least 40 hours of ``Under Instruction'' watch
on each shift as a licensed reactor operator and receive a favorable
recommendation from each Shift Manager; and,
Participate in a simulator scenario and associated
training that include handling stressful situations and conflict
management.
2. Within 90 days of the effective date of this Confirmatory Order,
Entergy agreed to develop a case study of the events that gave rise to
this Confirmatory Order, which highlights the safety responsibilities
of licensed reactor operators (this term includes senior reactor
operators for purposes of this Confirmatory Order), the importance of
managing and maintaining an effective Control Room environment, the
importance of effective Control Room watch teamwork, the importance and
requirements of the Behavioral Observation Program, and the
requirements of the Corrective Action Program. Entergy agreed to
present this case study within 365 days after development to its
licensed reactor operators in the Entergy fleet as part of Operator
Initial or Requalification Training, as appropriate.
3. Within 90 days of the effective date of this Confirmatory Order,
Entergy agreed that a senior Entergy nuclear executive will send a
letter to each licensed reactor operator in the Entergy nuclear fleet
(in Entergy's employ as of the date of the letter) re-emphasizing the
responsibilities of their position and their associated safety
responsibilities and obligations to the public.
4. Within 365 days of the effective date of this Confirmatory
Order, Entergy agreed to develop and make a presentation based on the
facts and lessons learned from the events that gave rise to this
Confirmatory Order. Entergy agreed to make this presentation at the
appropriate industry forum(s) with an Operations focus (such as a Plant
Manager forum or a breakout session at an American Nuclear Society
Utility Working Group meeting), such that industry personnel in all
four NRC regions would have the opportunity to receive the material.
5. Within 180 days of the effective date of this Confirmatory
Order, Entergy agreed to review the following three Entergy fleet
procedures to determine their adequacy in light of the events that gave
rise to this Confirmatory Order: (a) Conduct of Operations, EN-OP-115;
(b) Shutdown Safety Management Program, EN-OU-108; and (c) Infrequently
Performed Tests or Evolutions, EN-OP-116. Entergy agreed to make the
results of this review available for NRC inspection, and Entergy agreed
to address any relevant observations, findings, or recommendations in
its Corrective Action Program.
6. Entergy agreed to retain experienced persons from outside of
Entergy to conduct a safety culture assessment of the Palisades
Operations Department. Entergy may also satisfy this obligation by
having this assessment conducted as part of a Palisades site-wide
safety culture assessment. Entergy agreed to complete this assessment
within 180 days of the effective date of this Confirmatory Order.
Entergy agreed to make the results of this assessment available for NRC
inspection, and Entergy agreed to address any relevant observations,
findings, or recommendations in its Corrective Action Program.
7. Entergy agreed to conduct a review of the planning for the next
refueling outage at Palisades by a person or persons from outside of
the Palisades organization, which shall focus on potentially stressful
or complex work evolutions in the Control Room to ensure that they are
properly planned. During the performance of a suitable sample of these
selected potentially stressful or complex activities, Entergy agreed to
conduct observations by a person or persons from outside of the
Palisades organization to evaluate the effectiveness of actions taken
to enhance the safe and effective management of the Control Room
environment for these activities. Entergy agreed to complete the
activities described in this paragraph within 180 days of the effective
date of this Confirmatory Order. Entergy agreed to make the results of
this review available for NRC inspection, and Entergy agreed to address
any relevant observations, findings, or recommendations in its
Corrective Action Program.
8. If Entergy determines that it is appropriate to restore the
license of the at-the-controls Operator identified in this event to an
active status, Entergy agreed to inform the NRC in writing of the basis
for its decision and its plan to monitor and manage his performance for
one complete operating cycle. Entergy agreed to provide this written
notification to the NRC not less than two weeks before the operator
resumes licensed duties.
9. Entergy agreed to inform the NRC Regional Administrator, Region
III, in writing within 30 days of the completion of all of the actions
described in this Confirmatory Order.
10. The NRC agreed to describe the violation in the Confirmatory
Order, without a severity level. The NRC agreed to not issue a separate
Notice of Violation or Civil Penalty.
11. The NRC agreed not to pursue any further enforcement action in
connection with the NRC's letter to Entergy dated October 28, 2011.
This does not prohibit the NRC from taking enforcement action in
accordance with the NRC Enforcement Policy, if Entergy commits a
similar violation in the future or violates the Order.
On January 19, 2012, the licensee consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Entergy further agreed that this Confirmatory 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 Section III above, the NRC has concluded
that its concerns can be resolved through issuance of this Confirmatory
Order.
We 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, we have
[[Page 6600]]
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.
V
Accordingly, pursuant to Sections 81, 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. Within 90 days of the effective date of this Confirmatory Order,
Entergy shall develop a case study of the events that gave rise to this
Confirmatory Order, which highlights the safety responsibilities of
licensed reactor operators (this term includes senior reactor operators
for purposes of this Confirmatory Order), the importance of managing
and maintaining an effective Control Room environment, the importance
of effective Control Room watch teamwork, the importance and
requirements of the Behavioral Observation Program, and the
requirements of the Corrective Action Program. Entergy shall present
this case study within 365 days after development to its licensed
reactor operators in the Entergy fleet as part of Operator Initial or
Requalification Training, as appropriate;
2. Within 90 days of the effective date of this Confirmatory Order,
a senior Entergy nuclear executive shall send a letter to each licensed
reactor operator in the Entergy nuclear fleet (in Entergy's employ as
of the date of the letter) re-emphasizing the responsibilities of their
position and their associated safety responsibilities and obligations
to the public;
3. Within 365 days of the effective date of this Confirmatory
Order, Entergy shall develop and make a presentation based on the facts
and lessons learned from the events that gave rise to this Confirmatory
Order. Entergy shall make this presentation at the appropriate industry
forum(s) with an Operations focus (such as a Plant Manager forum or a
breakout session at an American Nuclear Society Utility Working Group
meeting), such that industry personnel in all four NRC regions would
have the opportunity to receive the material;
4. Within 180 days of the effective date of this Confirmatory
Order, Entergy shall review the following three Entergy fleet
procedures to determine their adequacy in light of the events that gave
rise to this Confirmatory Order: (a) Conduct of Operations, EN-OP-115;
(b) Shutdown Safety Management Program, EN-OU-108; and (c) Infrequently
Performed Tests or Evolutions, EN-OP-116. Entergy shall make the
results of this review available for NRC inspection, and Entergy shall
address any relevant observations, findings, or recommendations in its
Corrective Action Program;
5. Entergy shall retain experienced persons from outside of Entergy
to conduct a safety culture assessment of the Palisades Operations
Department. Entergy may also satisfy this obligation by having this
assessment conducted as part of a Palisades site-wide safety culture
assessment. Entergy shall complete this assessment within 180 days of
the effective date of this Confirmatory Order. Entergy shall make the
results of this assessment available for NRC inspection, and Entergy
shall address any relevant observations, findings, or recommendations
in its Corrective Action Program;
6. Entergy shall conduct a review of the planning for the next
refueling outage at Palisades by a person or persons from outside of
the Palisades organization, which shall focus on potentially stressful
or complex work evolutions in the Control Room to ensure that they are
properly planned. During the performance of a suitable sample of these
selected potentially stressful or complex activities, Entergy shall
conduct observations by a person or persons from outside of the
Palisades organization to evaluate the effectiveness of actions taken
to enhance the safe and effective management of the Control Room
environment for these activities. Entergy shall complete the activities
described in this paragraph within 180 days of the effective date of
this Confirmatory Order. Entergy shall make the results of this review
available for NRC inspection, and Entergy shall address any relevant
observations, findings, or recommendations in its Corrective Action
Program;
7. If Entergy determines that it is appropriate to restore the
license of the at-the-controls Operator identified in this event to an
active status, Entergy shall inform the NRC in writing of the basis for
its decision and its plan to monitor and manage his performance for one
complete operating cycle. Entergy shall provide this written
notification to the NRC not less than two weeks before the operator
resumes licensed duties; and,
8. Entergy shall inform the NRC Regional Administrator, Region III,
in writing within 30 days of the completion of all of the actions
described in this Confirmatory Order.
The Regional Administrator, Region III, NRC, 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 the NRC's 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 days prior to the filing deadline, the participant should contact
the Office of the Secretary by email 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
[[Page 6601]]
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, 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://ehd1.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 U.S. Nuclear Regulatory Commission.
Dated this 25th day of January 2012.
Cynthia D. Pederson,
Acting Regional Administrator, NRC Region III.
[FR Doc. 2012-2864 Filed 2-7-12; 8:45 am]
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