[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25450-25454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09841]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313, 50-368, 50-416, 50-247, 50-286, 50-333, 50-255,
50-293, 50-458, 50-271, and 50-382; EA-15-100; NRC-2016-0087]
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.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
confirmatory order to Entergy Operations, Inc. (Entergy) confirming
agreements reached in an Alternative Dispute Resolution mediation
session held on February 19, 2016. As part of the agreement, Entergy
will complete a review of the integrity events within the Entergy
Nuclear Fleet over the past 5 years, establish a corporate lead for
oversight of the company's fire watch programs, and improve training
programs according to timelines established in the Confirmatory Order.
Entergy is also required to notify the NRC periodically of the status
of its efforts.
DATES: The confirmatory order was issued on April 6, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0087 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-2016-0087. 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 obtain 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 it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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: John Kramer, Region IV, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; 817-200-1121; or by
email to [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated this 18th day of April 2016.
For the Nuclear Regulatory Commission.
Mark L. Dapas,
Regional Administrator.
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-15-100
Confirmatory Order Modifying License
I.
Entergy Operations, Inc. (licensee or Entergy) is the holder of
Reactor Operating License NPF-38 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 16, 1985. The license
authorizes the operation of the Waterford Steam Electric Station, Unit
3 (Waterford) in accordance with the conditions specified therein.
The term Entergy Nuclear Fleet used in the Confirmatory Order
refers to all power reactor licensees owned and operated by Entergy
Nuclear Operations, Inc.; Entergy Operations Inc.; and Entergy Nuclear
Generation Company.
This Confirmatory Order is the result of a preliminary settlement
agreement reached during an Alternative Dispute Resolution (ADR)
mediation session conducted on February 19, 2016.
II.
On February 3, 2014, the NRC's Office of Investigations (OI),
Region IV Field Office, initiated an investigation to determine whether
fire protection personnel assigned to Entergy's Waterford facility
willfully falsified fire protection surveillance records and whether
there was any managerial awareness with the failure to identify and
correct. During the investigation, it became apparent that another
manger failed to provide complete and accurate information to an access
authorization reviewing official, associated with the reinstatement of
unescorted access for one of the contract fire watch individuals. The
investigation was completed on May 19, 2015, and was documented in OI
Report 4-2014-017.
Based on the results of the investigation, the NRC concluded that
willful violations of Title 10 of the Code of Federal Regulations (10
CFR) 50.9, 10 CFR 50.48, and 10 CFR 73.56(f)(3) occurred. Specifically,
on multiple occasions between July 2013 and April 2014, seven
contractor individuals willfully failed to conduct compensatory hourly
fire watches and willfully falsified the fire watch tour logs by
initialing that fire watches were performed with knowledge that watches
had not been performed. In addition, an Entergy supervisor willfully
failed to identify and take corrective actions when provided with
information of suspected wrongdoing by contract fire watch individuals.
Further, on January 13, 2014, a contractor manager willfully failed to
provide complete and accurate information in all material respects,
regarding the trustworthiness and reliability of an individual applying
for unescorted access to Waterford.
In a letter dated December 14, 2015 (ML15350A197), the NRC provided
Entergy the results of the investigation, informed Entergy that
escalated enforcement action was being considered for the apparent
violations, and offered Entergy the opportunity to attend a
predecisional enforcement conference or to participate in ADR in which
a neutral mediator with no decision-making authority would facilitate
discussions between the NRC and Entergy. The neutral mediator would
assist the NRC and Entergy in
[[Page 25451]]
reaching an agreement, if possible. In response to the NRC's offer,
Entergy requested use of the ADR process to resolve differences it had
with the NRC. This Confirmatory Order is issued pursuant to the
agreement reached during the ADR process.
III.
During the ADR session held on February 19, 2016, a preliminary
settlement agreement was reached. In addition, the NRC recognized the
corrective actions that Entergy has already implemented associated with
the events that formed the basis of this matter. These actions at
Waterford include:
A. Waterford Procedure FP-001-014, ``Duties of a Firewatch,'' was
revised. The following changes were incorporated:
1. Added responsibility of Maintenance Support for systematic
monitoring of performance within the fire watch program (corrective
action to preclude repetition in the root cause analysis).
2. Added additional procedural requirements for the fire watch
oversight monitoring program and required periodic review by an
appropriate member of the site senior leadership team.
3. Clearly defined the duties, responsibilities, and qualifications
of a contract fire watch and the fire watch supervisor.
4. Revised Attachment 8.1, ``Fire Watch Log,'' to clearly state who
the fire watches should notify if there are any issues identified
during their tours.
5. Included a requirement that the fire watches maintain the log
(Attachment 8.1) in their possession during tours and that place
keeping be used.
6. Included a requirement to periodically verify that Attachment
8.1 is consistent with the fire impairments required by the technical
requirements manual.
B. Fire watch supervisory monitoring program is being implemented
as follows:
1. The Maintenance Support Superintendent shall provide sufficient
oversight to verify that fire watch inspections are completed as
required.
2. A minimum of twice per month, personnel designated by the
Maintenance Support superintendent shall observe the fire watch during
the performance of their duties.
3. The Maintenance Support supervisor will also coordinate with
security to obtain keycard and/or door alarm histories and conduct a
review to ensure fire watch personnel are performing tours
satisfactorily.
C. An evaluation of other contractors performing work on the
Waterford site to ensure proper level of oversight is being provided
was completed. The level of oversight for contractors performing work
was determined to be appropriate.
D. An Entergy Nuclear Fleet operating experience review was
performed. This review determined that each Entergy Nuclear Fleet site
needed to review the root cause for this issue. Actions were issued at
each site to determine any vulnerabilities. All other Entergy Nuclear
Fleet sites concluded the site specific procedures adequately covered
the gaps identified at Waterford except one site. That site initiated a
condition report to address gaps in its fire watch program and
performed procedure changes. The actions were completed by February 5,
2015.
E. Communicated the lessons-learned to Waterford supervisors and
departmental performance improvement personnel (department corrective
action program personnel).
F. Expectations were reinforced with Maintenance Support leadership
for implementation of the fire watch program and for implementation of
contract manager responsibilities.
G. On October 29, 2014, implemented a Guard 1 Plus\R\ electronic
documentation system. This system is used in conjunction with the paper
fire watch log.
H. Effectiveness review action was performed and concluded that the
corrective action plan was effective.
I. Waterford Nuclear Independent Oversite (quality assurance)
review of the site response was completed on December 9, 2014. The
follow-up surveillance determined the quality assurance finding was
adequately dispositioned and addressed.
J. Independent of the events underlying these violations and
issues, Entergy developed and administered training on the provisions
of 10 CFR 50.5 and 50.9 for all Entergy employees at its Entergy
Nuclear Fleet sites.
On March 31, 2016, Entergy 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 30 days
after its issuance and that Entergy 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 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 part 50, IT IS HEREBY ORDERED,
THAT:
A. Entergy will retain an industrial psychologist, or similarly
qualified person, and within 9 months of the issuance date of the
Confirmatory Order, will complete a review of those integrity events
within the Entergy Nuclear Fleet over the past 5 years to look for
common themes or causes associated with the events and to recommend
actions that Entergy can take to prevent similar events in the future.
This review will also include an evaluation of previous fleet-wide
training effectiveness. Entergy will share the results of this review
and any contemplated actions with the NRC. Within 18 months of the
issuance date of the Confirmatory Order, if the review reveals general
industry insights/lessons learned, Entergy will share those insights
with the industry in an appropriate industry forum to be determined
based on consultation with the NRC.
B. In December 2014, Entergy issued Procedure EN-OM-126,
``Management and Oversight of Supplemental Personnel,'' to enhance
Entergy's management and oversight of supplemental workers. Within 9
months of the issuance date of the Confirmatory Order, Entergy will
conduct an effectiveness review of implementation of Procedure EN-OM-
126 at all Entergy Nuclear Fleet sites. Entergy will share the results
of this review and its proposed actions to address any identified
performance gaps with the NRC.
C. Within 6 months of the issuance date of the Confirmatory Order,
Entergy will assign a corporate lead for governance and oversight of
the Entergy Nuclear Fleet fire watch program. In conjunction with this
assignment, Entergy will issue an Entergy Nuclear Fleet procedure or
revise an existing procedure, as appropriate, to provide the common
requirements for Entergy
[[Page 25452]]
Nuclear Fleet fire watch programs. The responsibilities of the lead
will include ensuring the consistent application of the subject
procedure across the Entergy Nuclear Fleet.
D. Within 3 months of the issuance date of the Confirmatory Order,
Entergy will revise the appropriate Entergy Nuclear Fleet procedure to
provide a process to address requests for the reinstatement of
unescorted access authorization for a worker whose unescorted access
has been temporarily placed ``on hold'' or assigned some other
comparable interim status. The revision must ensure that the Access
Authorization Reviewing Official has the relevant information and
appropriate approvals before deciding whether to reinstate the worker's
unescorted access.
E. Within 6 months of the issuance date of the Confirmatory Order,
Entergy will review and revise, as necessary, Entergy Nuclear Fleet
supervisor training to ensure that it addresses the responsibilities
and actions of supervisors who become aware of facts and circumstances
potentially impacting a person's trustworthiness and reliability. If
Entergy determines revisions to the supervisory training are necessary,
the training will be delivered within 12 months of the issuance date of
the Confirmatory Order. Additionally, within 2 months of the issuance
date of the Confirmatory Order, Entergy will develop and publish a
communication to all supervisors at its Entergy Nuclear Fleet sites
reminding them of their responsibility to report issues impacting
workers' trustworthiness and reliability to access authorization
personnel.
F. Within 3 months of the issuance date of the Confirmatory Order,
Entergy will have conducted a briefing of all fire watch personnel, at
each of its Entergy Nuclear Fleet sites, on the importance of the fire
watch activity to the nuclear safety of the facility. In addition,
within 3 months of the issuance date of the Confirmatory Order, this
briefing will be incorporated as part of new fire watch personnel
training. Within 9 months of the issuance date of the Confirmatory
Order, Entergy will perform a review of other tasks where the
importance of the task to reactor safety may not be apparent to the
personnel performing the task and conduct similar training.
G. Notifications 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 until the terms of this 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.
H. Administrative items.
1. The NRC will consider the Confirmatory Order an escalated
enforcement action with respect to any future enforcement actions.
2. In consideration of the elements delineated above, the NRC
agrees not to issue a Notice of Violation for the violations discussed
in NRC Inspection Report 05000382/2015011 and NRC Investigation Report
4-2014-017 dated December 14, 2015 (EA-15-100) and not to issue an
associated civil penalty.
3. This agreement is binding upon successors and assigns of
Entergy.
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 the issuance date
of this Confirmatory Order. 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 directed 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, as amended at 77 FR 46562, August 3, 2012), which is
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
ten (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 (1) request 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/getting-started.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 Electronic Filing 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. Further
information on the Web-based submission form 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's 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
[[Page 25453]]
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, 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call to 866-672-7640. The NRC
Electronic Filing 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, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and would constitute
a Fair Use application.
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 a separate order designating the
time and place of any hearings, as appropriate. 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 30 days after
the issuance date 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.
FOR THE NUCLEAR REGULATORY COMMISSION.
Marc L. Dapas,
Regional Administrator.
Dated this 6th day of April 2016.
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 Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150
Indian Point Nuclear Generating, Units 2 and 3
Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64
Mr. Larry Coyle, Site Vice President
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
Buchanan, NY 10511-0249
James A FitzPatrick Nuclear Power Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-333
License No. DPR-59
Mr. Brian Sullivan, Site 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
Mr. Anthony Vitale, Vice President, Operations
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
Mr. John Dent, Site Vice President
Entergy Nuclear Operations Inc.
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 61 N
St. Francisville, LA 70775
Vermont Yankee Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50-271
License No. DPR-28
[[Page 25454]]
Mr. Christopher Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
P. O. Box 250
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
[FR Doc. 2016-09841 Filed 4-27-16; 8:45 am]
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