[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

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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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