[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48343-48348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19853]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. (as Shown in the Attachment); License Nos. (as Shown in 
the Attachment): EA-14-009; NRC-2015-0135]


In the Matter of All Power Reactor Licensees Owned and Operated 
by Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and 
Entergy Nuclear Generation Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order to Entergy Operations, Inc. (Entergy), confirming an 
agreement reached in an Alternative Dispute Resolution mediation 
session held on September 22, 2014. As part of this agreement, Entergy 
will take actions to review and evaluate its security procedures; 
strengthen its procedures and set expectations regarding the conduct of 
security personnel; and conduct a presentation describing the event 
that formed the bases for the violation and the lessons learned, to its 
employees and the industry. Entergy is required to have an independent 
safety culture assessment conducted of the security organization at its 
River Bend Station. Entergy is also required to notify the NRC 
periodically of the status of its efforts.

DATES: The confirmatory order was issued on December 3, 2014.

ADDRESSES: Please refer to Docket ID NRC-2015-0135 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0135. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about the Order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select NRC: ADAMS Public Documents and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if that document 
is publicly available in ADAMS) is provided the first time that a 
document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Christi Maier, Region IV, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-001; 817-200-1217; or by 
email to [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated this 3rd day of December 2014.

    For The Nuclear Regulatory Commission.
Marc L. Dapas,
Regional Administrator.

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 7, 2015.

ATTACHMENT--CONFIRMATORY ORDER MODIFYING LICENSE

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of All Power Reactor Licensees Owned and Operated by 
Entergy Nuclear Operations, Inc.; Entergy Operations, Inc. and Entergy 
Nuclear Generation Company [Docket Nos. (as shown in Attachment); 
License Nos. (as shown in Attachment)]

EA-14-009

Confirmatory Order Modifying License

I.
    The licensees identified in Attachment 1 to this Order hold 
licenses 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, ``Domestic Licensing of Production and Utilization 
Facilities.'' The licenses authorize the operation of the listed 
facilities 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 September 22, 2014, in Arlington, Texas.
II.
    On March 21, 2012, the NRC initiated a special inspection to 
determine the circumstances surrounding a security event, which 
occurred on March 18, 2012, at Entergy Operations, Inc.'s (Entergy or 
Licensee), River Bend Station (RBS or facility). In addition, on March 
21, 2012, the NRC's Office of Investigations (OI), Region IV Field 
Office, initiated an investigation at RBS to determine if Entergy 
employees willfully violated NRC security requirements at RBS. The 
investigation was completed on December 31, 2013, and was documented in 
OI Report 4-2012-022. Based on the evidence developed during the 
investigation, OI's Region IV Field Office concluded that the willful 
actions of an unidentified individual caused Entergy to be in violation 
of 10 CFR part 73, ``Physical Protection of Plants and Materials.''
    While the NRC investigation did not identify the individual 
responsible for the security-related violation, the OI

[[Page 48344]]

Region IV Field Office did establish several facts that are germane to 
the conclusion of the investigation. Details of the security event and 
the subsequent inspection and investigation are described in Attachment 
2 to this Order. Attachment 2 includes Security-Related Information 
(SRI); therefore, it is not publicly available.
    The NRC determined that as the result of the willful actions of an 
unidentified individual, Entergy failed to comply with 10 CFR part 73. 
The NRC described the results of the inspection and investigation in a 
letter to Entergy dated July 16, 2014. In response to the NRC's letter, 
Entergy requested ADR to resolve this matter. This confirmatory order 
is issued pursuant to the agreement reached during the ADR process.
III.
    On September 22, 2014, the NRC and Entergy met in an ADR session 
mediated by a professional mediator, arranged through the Cornell 
University Scheinman 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 the ADR session, a preliminary settlement 
agreement was reached. The elements of that preliminary agreement, with 
the exception of the section that includes SRI, are described below. 
The portions of the agreement that contain SRI, as well as the sections 
of this Confirmatory Order that address SRI, are described in the 
aforementioned non-public Attachment. The following description of the 
preliminary ADR agreement, and the required actions described in 
Section V of this Confirmatory Order, include references to the non-
public Attachment to allow for public release of this Confirmatory 
Order. The publicly available elements of the agreement consist of the 
following:
    The NRC recognizes the corrective actions that Entergy has already 
implemented associated with the apparent violation and preliminary 
finding. Entergy's corrective actions are described in the non-public 
Attachment.
    A. The NRC and Entergy agree that a willful violation of Title 10 
Code of Federal Regulations (10 CFR) Part 73 occurred on March 18, 
2012, at River Bend Station. However, the NRC and Entergy disagree on 
the specific aspects of that willful characterization of the violation. 
The details regarding these aspects are described in the non-public 
Attachment.
    1. The NRC concluded that the security-related violation occurred 
because of the deliberate misconduct of an unidentified security 
officer at River Bend Station.
    2. Entergy does not believe that willful intent was involved in all 
aspects of the violation.
    B. Within 4 months from the date of this Confirmatory Order, 
Entergy will revise its security procedures.
    C. Within 3 months from the date of this Confirmatory Order, 
Entergy will, at each of its nuclear plants, conduct a review of its 
controls for SRI and communicate to the NRC the results of the review. 
Within 6 months from the date of this Confirmatory Order, Entergy will 
establish new controls and will provide its proposed controls to the 
NRC for its review. The NRC will communicate to Entergy any concerns 
regarding the controls within 60 days of submittal for resolution in a 
manner acceptable to both parties. Entergy will implement the controls 
within 15 months from the date of this Confirmatory Order. The details 
regarding these controls are described in the non-public Attachment.
    D. Within 9 months from the date of this Confirmatory Order, 
Entergy will review and evaluate the location and storage of SRI at 
each of its nuclear plants. The details are described in the non-public 
Attachment.
    E. Entergy will develop a ``commitment to compliance'' statement or 
a similar document highlighting the special responsibilities of nuclear 
security personnel. This document will explain that nuclear security 
personnel need to comply with regulations and procedures, and it will 
describe the potential consequences if compliance does not occur. 
Within 12 months from the date of this Confirmatory Order, Entergy will 
require at each of its nuclear plants that nuclear security personnel 
read and sign the statement (subject to any collective bargaining 
obligations it may have). Entergy will include the reading and signing 
of this statement in the initial qualification process of nuclear 
security personnel. The details are described in the non-public 
Attachment.
    F. Within 6 months from the date of this Confirmatory Order, 
Entergy will identify those security posts in each of its nuclear 
plants that should be subject to certain decorum standards that will 
ensure a professional environment in those areas. Once identified, 
Entergy will establish decorum protocols for those security posts. In 
addition, within 6 months of the date of this Confirmatory Order, 
Entergy will provide its proposed decorum protocols to the NRC for its 
review. The NRC will communicate to Entergy any concerns regarding the 
proposed decorum protocols within 60 days of submittal for resolution 
in a manner acceptable to both parties. Entergy will implement the 
decorum protocols within 12 months from the date of this Confirmatory 
Order.
    G. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a ``lessons learned'' presentation to be delivered 
to Entergy nuclear employees at each of its nuclear plants describing 
the event that formed the basis for this violation. Prior to making the 
presentation, Entergy will provide its proposed presentation to the NRC 
for its review. The NRC will communicate to Entergy any concerns 
regarding the presentation within 30 days of submittal. Entergy will 
deliver the presentation to Entergy nuclear employees within 12 months 
of this Confirmatory Order.
    H. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a presentation describing the event that formed 
the basis for this violation. The presentation will be delivered to the 
Nuclear Security Working Group and the National Nuclear Security 
Conference (subject to acceptance of the conference-organizing 
committees). This presentation will include, among other subjects, the 
subjects covered in the non-public Attachment to this Confirmatory 
Order. Prior to making the presentation, Entergy will provide its 
proposed presentation to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the presentation within 
30 days of submittal. Entergy will deliver the presentation within 12 
months of this Confirmatory Order.
    I. Within 6 months from the date of this Confirmatory Order, 
Entergy will ensure that an independent third party conducts a safety 
culture assessment of the Security organization at River Bend Station. 
The results will be incorporated into Entergy's corrective action 
program as appropriate. A copy of the completed assessment will be made 
available for NRC review.
    J. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare refresher training on the provisions of 10 CFR 
50.5 and 50.9 for Entergy employees at each of its nuclear plants. 
Prior to conducting the training, Entergy will provide its proposed 
refresher training plan to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the plan within 30 days 
of submittal for resolution in a manner acceptable to both parties. 
Entergy will complete administration of this refresher training

[[Page 48345]]

within 12 months of this Confirmatory Order.
    K. Notification to the NRC When Actions Are Completed
    1. Unless otherwise specified, Entergy will submit written 
notification to the Director, Division of Reactor Safety, USNRC Region 
IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at intervals 
not to exceed 6 months, 1 year, and annually thereafter until the terms 
of the Confirmatory Order are completed, providing a status of each 
item in the Order.
    2. Entergy will provide its basis for concluding that the terms of 
the Confirmatory Order have been satisfied, to the NRC, in writing
    L. Inspection Follow-up
    Based on the corrective actions and enhancements described above, 
the NRC will conduct follow-up inspections using NRC Inspection 
Procedure 92702, ``Followup on Corrective Actions for Violations and 
Deviations.''
    M. Administrative Items
    1. The NRC and Entergy Operations, Inc., agree that the above 
elements will be incorporated into this Confirmatory Order and that the 
NRC will consider the order an escalated enforcement action.
    2. The NRC and Entergy agree that the issues described in the NRC's 
Inspection Report and Investigation Report to Entergy Operations, Inc., 
of July 16, 2014 (EA-14-009) resulted in a violation of NRC security 
requirements. The details regarding the violation are described in the 
non-public Attachment.
    3. In consideration of the significant corrective actions Entergy 
has already taken and the additional actions Entergy has committed to 
taking to enhance its security program, the NRC agrees to reduce the 
severity level of the escalated enforcement sanction. The NRC agrees to 
issue a Notice of Violation for a security-related violation and impose 
a $70,000 civil penalty for the matter discussed in the NRC's 
Inspection Report and Investigation Report to Entergy Operations, Inc., 
of July 16, 2014 (EA-14-009). The issuance of the Notice of Violation 
and civil penalty is considered escalated enforcement. The NRC 
communicates, in the non-public Attachment, the basis for its original 
conclusion regarding the characterization of the violation.
    4. This agreement is binding upon successors and assigns of Entergy 
Operations, Inc.
    N. Within thirty days of the date of the Confirmatory Order, 
Entergy shall pay a civil penalty of $70,000.
    O. Entergy agrees that this Confirmatory Order is to be effective 
upon issuance and waives its right to a hearing in connection with this 
Order.
    P. If Entergy fulfills its commitments under this Order, the NRC 
will not take further enforcement action based on the violations of NRC 
requirements described in Enclosure 2 of the letter transmitting this 
Order.
    On November 21, 2014, Entergy consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below.
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.
    I find that Entergy's commitments as set forth in Section V are 
acceptable and necessary and conclude that with these commitments 
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 effective 
30 days after its 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 parts 50 and 73, IT IS HEREBY 
ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT RIVER BEND 
STATION AND OTHER NUCLEAR POWER PLANTS IN ENTERGY'S FLEET AND THAT 
REACTOR OPERATING LICENSE NO. NPF-47 IS MODIFIED AS FOLLOWS WITH 
RESPECT TO THE ACTIONS TO BE TAKEN AT THE RIVER BEND STATION:
    A. The NRC and Entergy agree that a willful violation of Title 10 
Code of Federal Regulations (10 CFR) Part 73 occurred on March 18, 
2012, at River Bend Station. However, the NRC and Entergy disagree on 
the specific aspects of that willful characterization of the violation. 
The details regarding these aspects are described in the non-public 
Attachment.
    1. The NRC concluded that the security-related violation occurred 
because of the deliberate misconduct of an unidentified security 
officer at River Bend Station.
    2. However, Entergy does not believe that willful intent was 
involved in all aspects of the violation.
    B. Within 4 months from the date of this Confirmatory Order, 
Entergy will revise its security procedures.
    C. Within 3 months from the date of this Confirmatory Order, 
Entergy will, at each of its nuclear plants, conduct a review of its 
controls for SRI and communicate to the NRC the results of the review. 
Within 6 months from the date of this Confirmatory Order, Entergy will 
establish new controls and will provide its proposed controls to the 
NRC for its review. The NRC will communicate to Entergy any concerns 
regarding the controls within 60 days of submittal for resolution in a 
manner acceptable to both parties. Entergy will implement the controls 
within 15 months from the date of this Confirmatory Order. The details 
regarding these controls are described in the non-public Attachment.
    D. Within 9 months from the date of this Confirmatory Order, 
Entergy will review and evaluate the location and storage of SRI at 
each of its nuclear plants. The details are described in the non-public 
Attachment.
    E. Entergy will develop a ``commitment to compliance'' statement or 
a similar document highlighting the special responsibilities of nuclear 
security personnel. This document will explain that nuclear security 
personnel need to comply with regulations and procedures, and it will 
describe the potential consequences if compliance does not occur. 
Within 12 months from the date of this Confirmatory Order, Entergy will 
require at each of its nuclear plants that nuclear security personnel 
read and sign the statement (subject to any collective bargaining 
obligations it may have). Entergy will include the reading and signing 
of this statement in the initial qualification process of nuclear 
security personnel. The details are described in the non-public 
Attachment.
    F. Within 6 months from the date of this Confirmatory Order, 
Entergy will identify those security posts in each of its nuclear 
plants that should be subject to certain decorum standards that will 
ensure a professional environment in those areas. Once identified, 
Entergy will establish decorum protocols for those security posts. In 
addition, within 6 months of the date of this Confirmatory Order, 
Entergy will provide its proposed decorum protocols to the NRC for its 
review. The NRC will communicate to Entergy any concerns regarding the 
proposed decorum protocols within 60 days of submittal for resolution 
in a manner acceptable to both parties. Entergy will implement the 
decorum protocols within 12 months

[[Page 48346]]

from the date of this Confirmatory Order.
    G. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a ``lessons learned'' presentation to be delivered 
to Entergy nuclear employees at each of its nuclear plants describing 
the event that formed the basis for this violation. Prior to making the 
presentation, Entergy will provide its proposed presentation to the NRC 
for its review. The NRC will communicate to Entergy any concerns 
regarding the presentation within 30 days of submittal. Entergy will 
deliver the presentation to Entergy nuclear employees within 12 months 
of this Confirmatory Order.
    H. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a presentation describing the event that formed 
the basis for this violation. The presentation will be delivered to the 
Nuclear Security Working Group and the National Nuclear Security 
Conference (subject to acceptance of the conference-organizing 
committees). This presentation will include, among other subjects, the 
subjects covered by the non-public Attachment to this Confirmatory 
Order. Prior to making the presentation, Entergy will provide its 
proposed presentation to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the presentation within 
30 days of submittal. Entergy will deliver the presentation within 12 
months of this Confirmatory Order.
    I. Within 6 months from the date of this Confirmatory Order, 
Entergy will ensure that an independent, third party conducts a safety 
culture assessment of the Security organization at River Bend Station. 
The results will be incorporated into Entergy's corrective action 
program as appropriate. A copy of the completed assessment will be made 
available for NRC review.
    J. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare refresher training on the provisions of 10 CFR 
50.5 and 50.9 for Entergy employees at each of its nuclear plants. 
Prior to conducting the training, Entergy will provide its proposed 
refresher training plan to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the plan within 30 days 
of submittal for resolution in a manner acceptable to both parties. 
Entergy will complete administration of this refresher training within 
12 months of this Confirmatory Order.
    K. Notification to the NRC When Actions Are Completed
    1. Unless otherwise specified, Entergy will submit written 
notification to the Director, Division of Reactor Safety, USNRC Region 
IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at intervals 
not to exceed 6 months, 1 year, and annually thereafter until the terms 
of the Confirmatory Order are completed, providing a status of each 
item in the Order.
    2. Entergy will provide its basis for concluding that the terms of 
the Confirmatory Order have been satisfied, to the NRC, in writing
    L. Inspection Follow-up
    Based on the corrective actions and enhancements described above, 
the NRC will conduct follow-up inspections using NRC Inspection 
Procedure 92702, ``Followup on Corrective Actions for Violations and 
Deviations.''
    M. Administrative Items
    1. The NRC and Entergy Operations, Inc., agree that the above 
elements will be incorporated into this Confirmatory Order and that the 
NRC will consider the order an escalated enforcement action.
    2. The NRC and Entergy agree that the issues in the NRC's 
Inspection Report and Investigation Report (EA-14-009) described in a 
July 16, 2014, letter to Entergy Operations, Inc., resulted in a 
violation of NRC security requirements. The details regarding the 
violation are described in the non-public Attachment.
    3. In consideration of the significant corrective actions Entergy 
has already taken and the additional actions Entergy has committed to 
taking to enhance its security program, the NRC agrees to reduce the 
severity level of the escalated enforcement sanction. The NRC agrees to 
issue a Notice of Violation for a security-related violation and impose 
a $70,000 civil penalty for the matter discussed in the July 16, 2014, 
letter to Entergy Operations, Inc., regarding the NRC's Inspection 
Report and Investigation Report (EA-14-009). The issuance of the Notice 
of Violation and civil penalty is considered escalated enforcement. The 
NRC communicates, in the non-public Attachment, the basis for its 
original conclusion regarding the characterization of the violation.
    4. This agreement is binding upon successors and assigns of Entergy 
Operations, Inc.
    N. Within 30 days of the date of the Confirmatory Order, Entergy 
shall pay a civil penalty of $70,000.
    O. Entergy agrees that this Confirmatory Order is to be effective 
upon issuance and waives its right to a hearing in connection with this 
Order
    P. If Entergy fulfills its commitments under this Order, the NRC 
will not take further enforcement action based on the violations of NRC 
requirements described in Enclosure 2 of the letter transmitting this 
Order.
    The Regional Administrator, Region IV, 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 30 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.
    This Order and its Attachments contain information up to the 
Security-Related Information designation, as defined in 10 CFR 73.2, 
and its disclosure to unauthorized individuals is prohibited by 10 CFR 
73.21 and 10 CFR 73.22. Therefore, any redacted material will not be 
made available for public inspection in the NRC Public Document Room or 
electronically in the NRC's Agencywide Documents Access and Management 
System. Any person requesting to obtain a copy of this order or 
portions thereof will be required to demonstrate their trust and 
reliability through a Federal Bureau of Investigation background check 
and criminal history check, as well as demonstrate a ``need to know'' 
such information.
    If a person other than the licensee 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 effective and final thirty days 
after issuance of this Confirmatory Order 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.

[[Page 48347]]

    A REQUEST FOR HEARING SHALL NOT STAY THE EFFECTIVENESS OF THIS 
ORDER.
    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), as amended by 77 FR 46562; August 3, 2012 (codified 
in pertinent part at 10 CFR part 2, subpart C). 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 10 
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.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 through the EIE. 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's 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, 
any others who wish to participate in the proceeding (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.


    For The Nuclear Regulatory Commission
    Dated this 3rd day of December 2014.
Marc L. Dapas,
Regional Administrator.

Attachments: as stated

[[Page 48348]]

Attachment 1

All Power Reactor Licensees Owned and Operated By Entergy Nuclear 
Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear 
Generation Company

Arkansas Nuclear One, Units 1 and 2

Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6
Mr. Jeremy Browning, Site Vice President
Arkansas Nuclear One
Entergy Operations, Inc.
1448 SR 333
Russellville, AR 72802-0967

Grand Gulf Nuclear Station

Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29
Mr. Kevin J. Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150

Indian Point Nuclear Generating Unit Nos. 2 and 3

Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64
John Ventosa, Vice President, Operations
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
P.O. Box 249
Buchanan, NY 10511-0249

James A. FitzPatrick Nuclear Power Plant

Entergy Nuclear Operations, Inc.
Docket No. 50-333
License No. DPR-59
Lawrence Coyle, Executive Vice President
Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant
P.O. Box 110
Lycoming, NY 13093

Palisades Nuclear Plant

Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20
Anthony J. Vitale, Site Vice President
Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant
27780 Blue Star Memorial Highway
Covert, MI 49043

Pilgrim Nuclear Power Station

Entergy Nuclear Generation Company
Docket No. 50-293
License No. DPR-35
John Dent, Jr., Vice President--Site Vice President
Entergy Nuclear Operations
Pilgrim Nuclear Power Station
600 Rocky Hill Road
Plymouth, MA 02360-5508

River Bend Station

Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47
Mr. Eric W. Olson, Site Vice President
Entergy Operations, Inc.
River Bend Station
5485 US Highway 61N
St. Francisville, LA 70775

Vermont Yankee Nuclear Power Station

Entergy Nuclear Operations, Inc.
Docket No. 50-271
License No. DPR-28
Christopher J. Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
320 Governor Hunt Road
Vernon, VT 05354

Waterford Steam Electric Station, Unit 3

Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38
Mr. Michael R. Chisum, Site Vice President
Entergy Operations, Inc.
Waterford Steam Electric Station
17265 River Road
Killona, LA 70057-0751

Attachment 2--Redacted

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 7, 2015.

[FR Doc. 2015-19853 Filed 8-11-15; 8:45 am]
 BILLING CODE 7590-01-P