In the Matter of Entergy Nuclear Operations, Inc; Indian Point Nuclear Generating Unit Nos. 2 and 3; Order Modifying License (Effective Immediately), 43666-43669 [E7-15191]

Download as PDF sroberts on PROD1PC70 with NOTICES 43666 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices 2. The title of the information collection: NRC Form 4, ‘‘Cumulative Occupational Dose History’’ and NRC Form 5, ‘‘Occupational Exposure Record for a Monitoring Period’’. 3. The form number if applicable: NRC Form 4 (3150–0005) and NRC Form 5 (3150–0006). 4. How often the collection is required: NRC Form 4: Occasionally; NRC Form 5: Annually. 5. Who is required or asked to report: NRC licensees who are required to comply with 10 CFR part 20. 6. An estimate of the number of annual responses: NRC Form 4: 20,024 (19,822 from reactor sites and 202 from material licensees) and NRC Form 5: 172,419 (160,701 from reactor sites and 11,718 from material licensees. 7. The estimated number of annual respondents: NRC Form 4: 218 (104 from reactor sites and 114 from materials licensees) and NRC Form 5: 4,212 (104 reactor sites and 114 materials licensees, plus an additional 3,994 materials licensees recordkeepers). 8. An estimate of the total number of hours needed annually to complete the requirement or request: NRC Form 4: 10,012 hours on an average of 0.5 hours per response; NRC Form 5: 65,618 hours (56,898 hours for recordkeeping on an average of 0.33 hours per record and 8,720 hours for reporting on an average of 40 hours per licensee). 9. An indication of whether Section 3507(d), Public Law 104–13 applies: N/ A. 10. Abstract: NRC Form 4 is used to record the summary of an individual’s cumulative occupational radiation dose up to and including the current year to ensure that the dose does not exceed regulatory limits. NRC Form 5 is used to record and report the results of individual monitoring for occupational radiation exposure during a one-year (calendar year) period to ensure regulatory compliance with annual radiation dose limits. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: http://www.nrc.gov/public-involve/ doc-comment/omb/index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 5, 2007. Comments received after this date will be VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Nathan Frey, Desk Officer, Office of Information and Regulatory Affairs (3150–0005 and 3150–0006), NEOB– 10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan.Frey@omb.eop.gov or submitted by telephone at (202) 395–4650. The NRC Clearance Officer is Margaret A. Janney, 301–415–7245. Dated at Rockville, Maryland, this 30th day of July, 2007. For the Nuclear Regulatory Commission. Christopher Colburn, Acting NRC Clearance Officer, Office of Information Services. [FR Doc. E7–15190 Filed 8–3–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–247 and 50–286; License Nos. DPR–26 and DPR–64; EA–07–189] In the Matter of Entergy Nuclear Operations, Inc; Indian Point Nuclear Generating Unit Nos. 2 and 3; Order Modifying License (Effective Immediately) I Entergy Nuclear Operations, Inc. (Licensee) is the holder of Facility Operating License Nos. DPR–26 and DPR–64 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. The licenses authorize the operation of Indian Point Nuclear Generating Unit Nos. 2 and 3, in accordance with the conditions specified therein. The facilities are located on the Licensee’s site in Buchanan, New York. II On April 23, 2007, the NRC issued to Entergy Nuclear Operations, Inc. (Entergy) a Notice of Violation (NOV) and Proposed Imposition of Civil Penalty for a violation involving the failure to meet the requirements of a Confirmatory Order (EA–05–190) that was issued to Entergy on January 31, 2006. On January 23, 2007, the NRC granted Entergy’s request, provided in a letter dated January 11, 2007, to extend the full implementation date until April 15, 2007. The NRC issued the NOV and Proposed Civil Penalty after Entergy informed the NRC that the ‘‘radio only activation’’ feature of the emergency notification system (ENS) did not meet its test acceptance criteria, resulting in PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 the ENS not being fully operable by April 15, 2007, the date it was required to be operable. Entergy responded to the NOV on May 23, 2007, and committed to declaring the new ENS operable by August 24, 2007. In its response, Entergy admitted to the violation of the Confirmatory Order, identified the apparent causes of the violation, and described corrective actions that were taken or planned to correct the violation. Subsequent to the Licensee’s May 23, 2007, letter, the NRC held a public meeting with Entergy officials on July 9, 2007, to clarify Entergy’s actions to comply with the Confirmatory Order, particularly with respect to ensuring that the new ENS met the applicable Federal Emergency Management Agency (FEMA) regulations, as well as to ensure that any specific county needs were identified and addressed prior to Entergy declaring the new ENS operable. The NRC has evaluated Entergy’s response to the NOV and the additional information gathered during the July 9, 2007, public meeting. The NRC has determined that additional actions are needed to ensure that the new ENS with backup power supply capability is operable by August 24, 2007, as committed to in Entergy’s May 23, 2007 letter. These actions include: Completing the outstanding requirements delineated in the aforementioned Confirmatory Order issued January 31, 2006, as modified herein; implementing those measures necessary for FEMA to accept the new ENS as the primary ENS for alerting the public by August 24, 2007; and, completing the necessary software and procedure upgrades and training of county personnel responsible for actuation of the system. III Adequate backup power for the ENS, as required by the Energy Policy Act of 2005 (Act) (see 42 U.S.C. 2210 et seq.) Section 651(b), requires that: (a) The backup power supply for the Public Alerting System (PAS) must meet commonly-applicable standards, such as National Fire Protection Association (NFPA) Standard 1221, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems (2002) and Underwriters Laboratory (UL) 2017, Section 58.2; (b) each PAS and PAS Alerting Appliance (PASAA) must receive adequate power to perform their intended functions such that backup power is sufficient to allow operation in standby mode for a minimum of 24 hours and in alert mode for a minimum of 15 minutes; (c) E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices sroberts on PROD1PC70 with NOTICES batteries used for backup power must recharge to at least 80 percent of their capacity in a period of not more than 24 hours; (d) except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, immediate automatic indication of a loss of power must be provided to the Licensee and appropriate government agencies; and (e) except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, an automatic notification of an unplanned loss of power must be made to the Licensee in sufficient time to take compensatory action before the backup power supply can not meet the requirements of Section IV, part II. A. 2 of the Confirmatory Order. The requirements needed to implement the foregoing are set forth in Section IV below. Based on the above, and in consideration of other communications involving the NRC, FEMA, New York State, the four counties within the 10 mile Emergency Planning Zone, and Entergy officials, additional actions are needed to ensure Entergy is in compliance with the Commission’s requirements and that the public interest will be protected. Therefore, License Nos. DPR–26 and DPR–64 should be modified to require compliance with Section 651(b) of the Act. Furthermore, pursuant to 10 CFR 2.202, and in consideration of the ongoing violation of the Confirmatory Order, as well as the prior enforcement related to such, I find that the significance of compliance with the Act described above is such that the public interest requires that this Order be immediately effective. IV Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended; Section 651(b) of the Energy Policy Act of 2005 (Pub. L. 109–58, 119 Stat 594); and the Commission’s regulations in 10 CFR 2.202 and 10 CFR Part 50, it is hereby ordered, effective immediately, that license nos. Dpr-26 and dpr-64 are modified as follows: I. The Licensee shall meet all the provisions contained in the January 31, 2006, Confirmatory Order (see Appendix A of this Order), except as specifically modified or supplemented herein. With respect to the requirement to provide and maintain an ENS with backup power supply capability for the Indian Point Nuclear Generating Unit Nos. 2 and 3 facilities, the new ENS VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 intended to comply with that requirement shall meet applicable requirements of state and federal authorities such that it is declared operable and placed into service as the primary system by August 24, 2007. II. The Licensee shall provide to NRC within 7 days of this order a report describing the steps and the expected schedule for completing each of the steps that the licensee understands are necessary to meet applicable requirements of state and federal authorities to place the new ENS system into service as the Primary Notification system. The report should identify any uncertainties in identification of requirements or in schedules associated with requirements. III. Prior to declaring the new ENS operable and using it as the primary system, the Licensee shall: (a) Obtain FEMA approval that the system, as installed, meets the design criterion of the approved ENS Design Report and is in compliance with all applicable FEMA regulations and guidance; and, (b) complete all necessary software and procedure upgrades and training of all the four county response organizations, accounting for the specific training needs identified by the counties, in the proper use of the new ENS and response to associated alarming conditions. IV. The Licensee shall maintain the existing ENS fully available (including conducting routine maintenance and testing activities) and establish the necessary procedures and actions to enable its use as a backup to the new ENS when the new ENS is declared in use as the primary system, until such time that FEMA grants approval to remove the existing ENS from service. The Director, Office of Enforcement, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. V In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within 20 days of its issuance. In addition, the Licensee and any other person adversely affected by this Order may request a hearing on this Order within 20 days of its issuance. 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. Any answer or request for a hearing shall be submitted to the PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 43667 Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555. Copies of the hearing request shall also be sent to the Director, Office of Enforcement, to the Director, Office of Nuclear Reactor Regulation, and to the Assistant General Counsel for Materials Litigation and Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555; to the Regional Administrator, NRC Region I, U.S. NRC Region I, 475 Allendale Road, King of Prussia, PA 19406–1415; and to the Licensee, Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 10601, if the answer or hearing request is by a person other than the Licensee. It is requested that answers and requests for hearing or for time extensions be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301–415–1101, or by e-mail to hearingdocket@nrc.gov, and also to the Office of the General Counsel either by means of facsimile transmission to 301–415–3725 or by e-mail to OGCMailCenter@nrc.gov. 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 Order and shall address the criteria set forth in 10 CFR 2.309(d). If the hearing is requested by the Licensee or 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 Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. 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 IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. E:\FR\FM\06AUN1.SGM 06AUN1 43668 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices Dated this 30th day of July 2007. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. Appendix A—Section IV Excerpt From NRC Confirmatory Order, Dated January 31, 2006 sroberts on PROD1PC70 with NOTICES IV I. The Licensee shall provide and maintain a backup power supply for the ENS for the Indian Point Nuclear Generating Unit Nos. 2 and 3, facilities. The ENS is the primary prompt notification system used to alert the public of an event at a nuclear power plant. II. The Licensee shall implement II.A, II.B, and II.C.1–3 by January 30, 2007. The backup power system for the ENS shall be declared operable by January 30, 2007. The backup power supply for the ENS shall include, as a minimum: A.1. A backup power supply for the PAS and each PASAA which shall provide adequate power for each component to perform their design function. These functions include the following as examples: sound output, rotation, speech intelligibility, or brightness as applicable. This criterion includes the associated activation, control, monitoring, and testing components for the backup power supply to the ENS including, but not limited to: radio transceivers, testing circuits, sensors to monitor critical operating parameters of the PAS and PASAA. The Licensee is required to meet all applicable standards, such as NFPA Standard 1221, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems (2002) and UL 2017, Section 58.2. 2. The backup power supply for each PAS and PASAA shall be designed for operation in standby mode, including, but not limited to: radio transceivers, testing circuits, sensors fully operational and providing polling data to the activation, control, monitoring, and test system for at least 24 hours without AC supply power from the local electric distribution grid. The backup power supply then shall be capable of performing its intended function, without recharge, by operating the PAS and PASAA in its alerting mode at its full design capability for a period of at least 15 minutes. This sequence shall be assumed to occur at the most unfavorable environmental conditions including, but not limited to, temperature, wind, and precipitation specified for PAS and PASAA operation and assume that the batteries are approaching the end of their design life VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 (i.e., the ensuing recharge cycle will bring the batteries back to the minimum state that defines their design life). 3. In defining battery design life, automatic charging shall be sized such that batteries in the backup power are fully recharged to at least 80 percent of their maximum rated capacity from the fully discharged state in a period of not more than 24 hours. 4. Battery design life and replacement frequency shall comply with vendor(s) recommendations. 5. Except for those components that are in facilities staffed on a continuous basis (24 hours per day, 7 days per week) or otherwise monitored on a continuous basis, there shall be a feedback system(s) that provides immediate automatic indication of a loss of power to the Licensee and the appropriate government agencies, and an automatic notification of an unplanned loss of power must be made to the Licensee in sufficient time to take compensatory action before the backup power supply can not meet the requirements of Section IV, part II.A.2. 6. The Licensee shall implement a preventative maintenance and testing program of the ENS including, but not limited to: the equipment that activates and monitors the system, equipment that provides backup power, and the alerting device to ensure the ENS system performs to its design specifications. B.1. The Licensee shall implement any new Department of Homeland Security (DHS) guidance pertaining to backup power for ENS that may affect the system requirements outlined in this Order that is issued prior to obtaining DHS approval of the alerting system design. The Licensee shall not implement any DHS guidance that reduces the effectiveness of the ENS as provided for in this Order without prior NRC approval. 2. The Licensee shall document the evaluation of lessons learned from any evaluation of the current alert and notification system (ANS) and address resolution of identified concerns when designing the backup power system and such consideration shall be included in the design report. 3. The final PAS design must be submitted to DHS for approval prior to May 1, 2006. C.1. Within 60 days of the issuance of this Order, the Licensee shall submit a response to this Order to the NRC Document Control Desk providing a schedule of planned activities associated with the implementation of the Order including interactions with the Putnam, Rockland, Westchester, and Orange Counties, the State of New York, PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 and DHS. In addition, the Licensee shall provide a progress report on or shortly before June 30, 2006. 2. The Licensee shall submit a proposed revision to its emergency response plan to incorporate the implementation of items A.1–A.6, B.1– B.3, and C.4–C.5. This plan shall be submitted to the NRC for review and approval within 120 days from the issuance of the Order. 3. Prior to declaring the ENS operable, the Licensee shall, in accordance with a test plan submitted to and approved by the NRC in conjunction with the design submittal, demonstrate satisfactory performance of all (100%) of the ENS components including the ability of the backup power supply to meet its design requirements. 4. After declaring the ENS operable, the Licensee shall conduct periodic testing to demonstrate reliable ENS system performance. 5. The results from testing as discussed in paragraph C.4 shall be reported, in writing, to the NRC Document Control Desk, with a copy to the Director of Nuclear Reactor Regulation, documenting the results of each test, until there are 3 consecutive tests testing the operability of all ENS components used during an actual activation), conducted no sooner than 25 days and no more than 45 days from the previous test with a 97% overall entire emergency planning zone success rate with no individual county failure rate greater than 10%. A false negative report from a feedback system will constitute a siren failure for the purposes of this test. III. The Licensee shall submit a written report to the NRC Document Control Desk, with a copy to the Director of Nuclear Reactor Regulation, when the ENS is declared operable. IV. The Licensee shall submit a written report to the NRC Document Control Desk and provide a copy to the Director of Nuclear Reactor Regulation when it has achieved full compliance with the requirements contained in this Order. V. The Licensee may use the criteria contained in 10 CFR 50.54(q) to make changes to the requirements contained in this Order without prior NRC approval provided that they do not reduce the effectiveness of the Order requirements or the approved emergency plan. The Licensee shall notify, in writing, the NRC Document Control Desk, with a copy to the Director, Division of Preparedness and Response, Office of Nuclear Security and Incident Response, 30 days in advance of implementing such a change. For other changes, the Licensee may E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Notices submit a request, in writing, to the NRC Document Control Desk, with a copy to the Director, Office of Nuclear Reactor Regulation, to relax or rescind any of the above requirements upon a showing of good cause by the Licensee. [FR Doc. E7–15191 Filed 8–3–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–266, 50–301 Renewed License Nos. DPR–24 and DPR–27] In the Matter of Wisconsin Electric Power Company and Nuclear Management Company, LLC, (Point Beach Nuclear Plant); Order Approving Transfer of Licenses and Conforming Amendments I. sroberts on PROD1PC70 with NOTICES Wisconsin Electric Power Company (WEPCO) and Nuclear Management Company, LLC (NMC) are holders of the Renewed Facility Operating Licenses (FOLs), Nos. DPR–24 and DPR–27, which authorize the possession, use and operation of Point Beach Nuclear Plant, Units 1 and 2 (Point Beach or facility). NMC is licensed by the U.S. Nuclear Regulatory Commission (NRC, the Commission) to operate Point Beach. WEPCO is licensed to possess Point Beach with respect to WEPCO’s ownership of the facility. Point Beach is located near Two Rivers, Wisconsin. II. By letter dated January 26, 2007, as supplemented by letter dated July 11, 2007, NMC, WEPCO and FPL Energy Point Beach, LLC, (FPLE Point Beach) submitted an application requesting approval of the direct license transfers that would be necessary in connection with WEPCO’s proposed sale and transfer to FPLE Point Beach of its 100 percent ownership interest in Point Beach. The application also requested the approval of the transfer of NMC’s operating authority to FPLE Point Beach. Transfer of the licenses will authorize FPLE Point Beach, pursuant to the general license in Section 72.210 of Title 10 of the Code of Federal Regulations (10 CFR), to store spent fuel in the Independent Spent Fuel Storage Installation (ISFSI) at Point Beach. As a potential interim step towards the sale of Point Beach, WEPCO and FPLE Point Beach have signed an Interim Operating Agreement that would permit WEPCO, at its option, and upon receipt of applicable regulatory approvals, to transfer NMC’s operating authority to FPLE Point Beach prior to VerDate Aug<31>2005 19:38 Aug 03, 2007 Jkt 211001 the closing of the ownership sale of Point Beach. This interim transfer of the operating authority from NMC to FPLE Point Beach would not change the financial responsibilities or qualifications or the decommissioning funding status of WEPCO as the 100 percent owner of Point Beach. WEPCO, NMC and FPLE Point Beach requested approval of (1) conforming license amendments that would reflect the proposed transfer of ownership of and operating authority for Point Beach to FPLE Point Beach; and (2) the option of transferring operating authority as an interim step to FPLE Point Beach. The amendments for transferring ownership and operating authority would include the following: (1) The deletion of the references to WEPCO and NMC as owner and operator of Point Beach, respectively, and (2) the authorization of FPLE Point Beach to possess, use, and operate Point Beach under essentially the same conditions and authorization included in the existing licenses. Two footnotes containing historical references to the former licensees also will be deleted. The applicants did not propose any physical or operational changes to the facility. After completion of the proposed transfers, FPLE Point Beach would be the owner and the operator of Point Beach. The amendments for transferring operational authority as an interim step would include the following: (1) The deletion of the references to NMC as operator of Point Beach, and replacement with references to FPLE Point Beach, and (2) the authorization of FPLE Point Beach to operate Point Beach under essentially the same conditions and authorization included in the existing licenses. After completion of the proposed transfers, FPLE Point Beach would be the operator of Point Beach. The applicants requested approval of the transfer of the renewed FOLs and conforming license amendments pursuant to 10 CFR 50.80 and 50.90. Notice of the request for approval and opportunity for a hearing were published in the Federal Register on February 28, 2007 (72 FR 9035). No comments were received. No requests for hearing or petitions for leave to intervene were received. Pursuant to 10 CFR 50.80, no license for a production or utilization facility, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information in the application and other information before the Commission, and relying upon the representations and agreements PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 43669 contained in the application, the NRC staff has determined that FPLE Point Beach is qualified to hold the licenses for Point Beach to the extent now held by WEPCO regarding its ownership interest, and is qualified to hold the operating authority under the licenses now held by NMC, and the transfer of the licenses as proposed in the application is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission, subject to the conditions set forth below. The NRC staff has also found that the application for the proposed license amendments complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations set forth in 10 CFR Chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendments can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission’s regulations; the issuance of the proposed license amendments will not be inimical to the common defense and security or to the health and safety of the public; and issuance of the proposed amendments will be in accordance with 10 CFR Part 51 of the Commission’s regulations and all applicable requirements have been satisfied. The findings set forth above are supported by an NRC safety evaluation dated July 31, 2007. III. Accordingly, pursuant to Sections 161b, 161i, 161o and 184 of the Act, 42 U.S.C. Sections 2201(b), 2201(i), 2201(o) and 2234; and 10 CFR 50.80, It is hereby ordered that the transfer of the licenses, as described herein, to FPLE Point Beach is approved, subject to the following conditions: (1) At the time of the closing of the transfer of the licenses from Wisconsin Electric Power Company (WEPCO) to FPLE Point Beach, WEPCO shall transfer to FPLE Point Beach WEPCO’s decommissioning funds in an aggregate minimum value of $200.8 million for Point Beach, Unit 1 and $189.2 million for Point Beach, Unit 2. FPLE Point Beach shall deposit such funds in an external decommissioning trust fund established by FPLE Point Beach for Point Beach Units 1 and 2. The trust agreement shall be in a form acceptable to the NRC. E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43666-43669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15191]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-247 and 50-286; License Nos. DPR-26 and DPR-64; EA-07-
189]


In the Matter of Entergy Nuclear Operations, Inc; Indian Point 
Nuclear Generating Unit Nos. 2 and 3; Order Modifying License 
(Effective Immediately)

I

    Entergy Nuclear Operations, Inc. (Licensee) is the holder of 
Facility Operating License Nos. DPR-26 and DPR-64 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. 
The licenses authorize the operation of Indian Point Nuclear Generating 
Unit Nos. 2 and 3, in accordance with the conditions specified therein. 
The facilities are located on the Licensee's site in Buchanan, New 
York.

II

    On April 23, 2007, the NRC issued to Entergy Nuclear Operations, 
Inc. (Entergy) a Notice of Violation (NOV) and Proposed Imposition of 
Civil Penalty for a violation involving the failure to meet the 
requirements of a Confirmatory Order (EA-05-190) that was issued to 
Entergy on January 31, 2006. On January 23, 2007, the NRC granted 
Entergy's request, provided in a letter dated January 11, 2007, to 
extend the full implementation date until April 15, 2007. The NRC 
issued the NOV and Proposed Civil Penalty after Entergy informed the 
NRC that the ``radio only activation'' feature of the emergency 
notification system (ENS) did not meet its test acceptance criteria, 
resulting in the ENS not being fully operable by April 15, 2007, the 
date it was required to be operable. Entergy responded to the NOV on 
May 23, 2007, and committed to declaring the new ENS operable by August 
24, 2007. In its response, Entergy admitted to the violation of the 
Confirmatory Order, identified the apparent causes of the violation, 
and described corrective actions that were taken or planned to correct 
the violation.
    Subsequent to the Licensee's May 23, 2007, letter, the NRC held a 
public meeting with Entergy officials on July 9, 2007, to clarify 
Entergy's actions to comply with the Confirmatory Order, particularly 
with respect to ensuring that the new ENS met the applicable Federal 
Emergency Management Agency (FEMA) regulations, as well as to ensure 
that any specific county needs were identified and addressed prior to 
Entergy declaring the new ENS operable.
    The NRC has evaluated Entergy's response to the NOV and the 
additional information gathered during the July 9, 2007, public 
meeting. The NRC has determined that additional actions are needed to 
ensure that the new ENS with backup power supply capability is operable 
by August 24, 2007, as committed to in Entergy's May 23, 2007 letter. 
These actions include: Completing the outstanding requirements 
delineated in the aforementioned Confirmatory Order issued January 31, 
2006, as modified herein; implementing those measures necessary for 
FEMA to accept the new ENS as the primary ENS for alerting the public 
by August 24, 2007; and, completing the necessary software and 
procedure upgrades and training of county personnel responsible for 
actuation of the system.

III

    Adequate backup power for the ENS, as required by the Energy Policy 
Act of 2005 (Act) (see 42 U.S.C. 2210 et seq.) Section 651(b), requires 
that: (a) The backup power supply for the Public Alerting System (PAS) 
must meet commonly-applicable standards, such as National Fire 
Protection Association (NFPA) Standard 1221, Standard for the 
Installation, Maintenance, and Use of Emergency Communications Systems 
(2002) and Underwriters Laboratory (UL) 2017, Section 58.2; (b) each 
PAS and PAS Alerting Appliance (PASAA) must receive adequate power to 
perform their intended functions such that backup power is sufficient 
to allow operation in standby mode for a minimum of 24 hours and in 
alert mode for a minimum of 15 minutes; (c)

[[Page 43667]]

batteries used for backup power must recharge to at least 80 percent of 
their capacity in a period of not more than 24 hours; (d) except for 
those components that are in facilities staffed on a continuous basis 
(24 hours per day, 7 days per week) or otherwise monitored on a 
continuous basis, immediate automatic indication of a loss of power 
must be provided to the Licensee and appropriate government agencies; 
and (e) except for those components that are in facilities staffed on a 
continuous basis (24 hours per day, 7 days per week) or otherwise 
monitored on a continuous basis, an automatic notification of an 
unplanned loss of power must be made to the Licensee in sufficient time 
to take compensatory action before the backup power supply can not meet 
the requirements of Section IV, part II. A. 2 of the Confirmatory 
Order.
    The requirements needed to implement the foregoing are set forth in 
Section IV below. Based on the above, and in consideration of other 
communications involving the NRC, FEMA, New York State, the four 
counties within the 10 mile Emergency Planning Zone, and Entergy 
officials, additional actions are needed to ensure Entergy is in 
compliance with the Commission's requirements and that the public 
interest will be protected. Therefore, License Nos. DPR-26 and DPR-64 
should be modified to require compliance with Section 651(b) of the 
Act. Furthermore, pursuant to 10 CFR 2.202, and in consideration of the 
ongoing violation of the Confirmatory Order, as well as the prior 
enforcement related to such, I find that the significance of compliance 
with the Act described above is such that the public interest requires 
that this Order be immediately effective.

IV

    Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182 and 
186 of the Atomic Energy Act of 1954, as amended; Section 651(b) of the 
Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat 594); and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, it is 
hereby ordered, effective immediately, that license nos. Dpr-26 and 
dpr-64 are modified as follows:
    I. The Licensee shall meet all the provisions contained in the 
January 31, 2006, Confirmatory Order (see Appendix A of this Order), 
except as specifically modified or supplemented herein. With respect to 
the requirement to provide and maintain an ENS with backup power supply 
capability for the Indian Point Nuclear Generating Unit Nos. 2 and 3 
facilities, the new ENS intended to comply with that requirement shall 
meet applicable requirements of state and federal authorities such that 
it is declared operable and placed into service as the primary system 
by August 24, 2007.
    II. The Licensee shall provide to NRC within 7 days of this order a 
report describing the steps and the expected schedule for completing 
each of the steps that the licensee understands are necessary to meet 
applicable requirements of state and federal authorities to place the 
new ENS system into service as the Primary Notification system. The 
report should identify any uncertainties in identification of 
requirements or in schedules associated with requirements.
    III. Prior to declaring the new ENS operable and using it as the 
primary system, the Licensee shall: (a) Obtain FEMA approval that the 
system, as installed, meets the design criterion of the approved ENS 
Design Report and is in compliance with all applicable FEMA regulations 
and guidance; and, (b) complete all necessary software and procedure 
upgrades and training of all the four county response organizations, 
accounting for the specific training needs identified by the counties, 
in the proper use of the new ENS and response to associated alarming 
conditions.
    IV. The Licensee shall maintain the existing ENS fully available 
(including conducting routine maintenance and testing activities) and 
establish the necessary procedures and actions to enable its use as a 
backup to the new ENS when the new ENS is declared in use as the 
primary system, until such time that FEMA grants approval to remove the 
existing ENS from service.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

V

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 20 days of its issuance. In addition, the Licensee and any 
other person adversely affected by this Order may request a hearing on 
this Order within 20 days of its issuance. 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. Any answer or request for a hearing shall be submitted to 
the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, 
Rulemakings and Adjudications Staff, Washington, DC 20555. Copies of 
the hearing request shall also be sent to the Director, Office of 
Enforcement, to the Director, Office of Nuclear Reactor Regulation, and 
to the Assistant General Counsel for Materials Litigation and 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555; 
to the Regional Administrator, NRC Region I, U.S. NRC Region I, 475 
Allendale Road, King of Prussia, PA 19406-1415; and to the Licensee, 
Entergy Nuclear Operations, Inc., 440 Hamilton Avenue, White Plains, NY 
10601, if the answer or hearing request is by a person other than the 
Licensee. It is requested that answers and requests for hearing or for 
time extensions be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101, or by e-mail 
to hearingdocket@nrc.gov, and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to OGCMailCenter@nrc.gov. 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 Order and shall 
address the criteria set forth in 10 CFR 2.309(d).
    If the hearing is requested by the Licensee or 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 Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, may, in addition 
to demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    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 IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.


[[Page 43668]]


    Dated this 30th day of July 2007.
    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.

Appendix A--Section IV Excerpt From NRC Confirmatory Order, Dated 
January 31, 2006

IV

    I. The Licensee shall provide and maintain a backup power supply 
for the ENS for the Indian Point Nuclear Generating Unit Nos. 2 and 3, 
facilities. The ENS is the primary prompt notification system used to 
alert the public of an event at a nuclear power plant.
    II. The Licensee shall implement II.A, II.B, and II.C.1-3 by 
January 30, 2007. The backup power system for the ENS shall be declared 
operable by January 30, 2007. The backup power supply for the ENS shall 
include, as a minimum:
    A.1. A backup power supply for the PAS and each PASAA which shall 
provide adequate power for each component to perform their design 
function. These functions include the following as examples: sound 
output, rotation, speech intelligibility, or brightness as applicable. 
This criterion includes the associated activation, control, monitoring, 
and testing components for the backup power supply to the ENS 
including, but not limited to: radio transceivers, testing circuits, 
sensors to monitor critical operating parameters of the PAS and PASAA.
    The Licensee is required to meet all applicable standards, such as 
NFPA Standard 1221, Standard for the Installation, Maintenance, and Use 
of Emergency Communications Systems (2002) and UL 2017, Section 58.2.
    2. The backup power supply for each PAS and PASAA shall be designed 
for operation in standby mode, including, but not limited to: radio 
transceivers, testing circuits, sensors fully operational and providing 
polling data to the activation, control, monitoring, and test system 
for at least 24 hours without AC supply power from the local electric 
distribution grid. The backup power supply then shall be capable of 
performing its intended function, without recharge, by operating the 
PAS and PASAA in its alerting mode at its full design capability for a 
period of at least 15 minutes. This sequence shall be assumed to occur 
at the most unfavorable environmental conditions including, but not 
limited to, temperature, wind, and precipitation specified for PAS and 
PASAA operation and assume that the batteries are approaching the end 
of their design life (i.e., the ensuing recharge cycle will bring the 
batteries back to the minimum state that defines their design life).
    3. In defining battery design life, automatic charging shall be 
sized such that batteries in the backup power are fully recharged to at 
least 80 percent of their maximum rated capacity from the fully 
discharged state in a period of not more than 24 hours.
    4. Battery design life and replacement frequency shall comply with 
vendor(s) recommendations.
    5. Except for those components that are in facilities staffed on a 
continuous basis (24 hours per day, 7 days per week) or otherwise 
monitored on a continuous basis, there shall be a feedback system(s) 
that provides immediate automatic indication of a loss of power to the 
Licensee and the appropriate government agencies, and an automatic 
notification of an unplanned loss of power must be made to the Licensee 
in sufficient time to take compensatory action before the backup power 
supply can not meet the requirements of Section IV, part II.A.2.
    6. The Licensee shall implement a preventative maintenance and 
testing program of the ENS including, but not limited to: the equipment 
that activates and monitors the system, equipment that provides backup 
power, and the alerting device to ensure the ENS system performs to its 
design specifications.
    B.1. The Licensee shall implement any new Department of Homeland 
Security (DHS) guidance pertaining to backup power for ENS that may 
affect the system requirements outlined in this Order that is issued 
prior to obtaining DHS approval of the alerting system design. The 
Licensee shall not implement any DHS guidance that reduces the 
effectiveness of the ENS as provided for in this Order without prior 
NRC approval.
    2. The Licensee shall document the evaluation of lessons learned 
from any evaluation of the current alert and notification system (ANS) 
and address resolution of identified concerns when designing the backup 
power system and such consideration shall be included in the design 
report.
    3. The final PAS design must be submitted to DHS for approval prior 
to May 1, 2006.
    C.1. Within 60 days of the issuance of this Order, the Licensee 
shall submit a response to this Order to the NRC Document Control Desk 
providing a schedule of planned activities associated with the 
implementation of the Order including interactions with the Putnam, 
Rockland, Westchester, and Orange Counties, the State of New York, and 
DHS. In addition, the Licensee shall provide a progress report on or 
shortly before June 30, 2006.
    2. The Licensee shall submit a proposed revision to its emergency 
response plan to incorporate the implementation of items A.1-A.6, B.1-
B.3, and C.4-C.5. This plan shall be submitted to the NRC for review 
and approval within 120 days from the issuance of the Order.
    3. Prior to declaring the ENS operable, the Licensee shall, in 
accordance with a test plan submitted to and approved by the NRC in 
conjunction with the design submittal, demonstrate satisfactory 
performance of all (100%) of the ENS components including the ability 
of the backup power supply to meet its design requirements.
    4. After declaring the ENS operable, the Licensee shall conduct 
periodic testing to demonstrate reliable ENS system performance.
    5. The results from testing as discussed in paragraph C.4 shall be 
reported, in writing, to the NRC Document Control Desk, with a copy to 
the Director of Nuclear Reactor Regulation, documenting the results of 
each test, until there are 3 consecutive tests testing the operability 
of all ENS components used during an actual activation), conducted no 
sooner than 25 days and no more than 45 days from the previous test 
with a 97% overall entire emergency planning zone success rate with no 
individual county failure rate greater than 10%. A false negative 
report from a feedback system will constitute a siren failure for the 
purposes of this test.
    III. The Licensee shall submit a written report to the NRC Document 
Control Desk, with a copy to the Director of Nuclear Reactor 
Regulation, when the ENS is declared operable.
    IV. The Licensee shall submit a written report to the NRC Document 
Control Desk and provide a copy to the Director of Nuclear Reactor 
Regulation when it has achieved full compliance with the requirements 
contained in this Order.
    V. The Licensee may use the criteria contained in 10 CFR 50.54(q) 
to make changes to the requirements contained in this Order without 
prior NRC approval provided that they do not reduce the effectiveness 
of the Order requirements or the approved emergency plan. The Licensee 
shall notify, in writing, the NRC Document Control Desk, with a copy to 
the Director, Division of Preparedness and Response, Office of Nuclear 
Security and Incident Response, 30 days in advance of implementing such 
a change. For other changes, the Licensee may

[[Page 43669]]

submit a request, in writing, to the NRC Document Control Desk, with a 
copy to the Director, Office of Nuclear Reactor Regulation, to relax or 
rescind any of the above requirements upon a showing of good cause by 
the Licensee.

 [FR Doc. E7-15191 Filed 8-3-07; 8:45 am]
BILLING CODE 7590-01-P