In the Matter of Entergy Operations, Inc. and Entergy Nuclear Operations, Inc.; Confirmatory Order Modifying Licenses (Effective Immediately), 54499-54502 [2011-22417]
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices
Proposal
for the following collection of
information:
OMB Number: 3133–0138.
Type of Review: Reinstatement, with
change, of a previously approved
collection.
Title: Community Development
Revolving Loan Fund—Loan Program.
Description: NCUA requests this
information from participants in the
Community Development Revolving
Loan Fund (CDRLF) Loan Program. The
information will allow NCUA to assess
a credit union’s capacity to repay the
funds and ensure that the funds were
used as intended to benefit the
institution and community it serves.
Estimated No. of Respondents/
Recordkeepers: 75.
Estimated Burden Hours per
Response: 4, 8, 16 or 40 hours per
response, dependent on application
type.
Frequency of Response: Reporting, on
occasion and semi-annually.
Estimated Total Annual Burden
Hours: 1,100 hours.
Estimated Total Annual Cost:
$38,500.
SUPPLEMENTARY INFORMATION:
By the National Credit Union
Administration Board on August 26, 2011.
Mary Rupp,
Secretary of the Board.
BILLING CODE 7535–01–P
[FR Doc. 2011–22338 Filed 8–31–11; 8:45 am]
NATIONAL CREDIT UNION
ADMINISTRATION
BILLING CODE 7535–01–P
Agency Information Collection
Activities: Submission to OMB for
Review; Comment Request
NUCLEAR REGULATORY
COMMISSION
National Credit Union
Administration (NCUA).
ACTION: Request for comment.
AGENCY:
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[NRC–2011–0203]
The NCUA intends to submit
the following information collection to
the Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. Chapter 35).
This information collection is published
to obtain comments from the public.
DATES: Comments will be accepted
October 3, 2011.
ADDRESSES: Interested parties are
invited to submit written comments to
the NCUA Clearance Officer listed
below: Clearance Officer: Tracy
Sumpter, National Credit Union
Administration, 1775 Duke Street,
Alexandria, VA 22314–3428, Fax No.
703–837–2861, E-mail:
OCIOmail@ncua.gov.
SUMMARY:
16:16 Aug 31, 2011
Requests for additional information
should be directed to Tracy Sumpter at
the National Credit Union
Administration, 1775 Duke Street,
Alexandria, VA 22314–3428, or at (703)
518–6444.
SUPPLEMENTARY INFORMATION: Proposal
for the following collection of
information:
Title: Corporate Credit Union Monthly
Call Report.
OMB Number: 3133–0067.
Form Number: NCUA 5310.
Type of Review: Reinstatement,
without change, of a previously
approved collection.
Description: NCUA utilizes the
information to monitor financial
conditions in corporate credit unions,
and to allocate supervision and
examination resources.
Respondents: Corporate credit unions,
or ‘‘banker’s banks’’ for natural person
credit unions.
Estimated No. of Respondents/Record
keepers: 27.
Estimated Burden Hours per
Response: 8 hours.
Frequency of Response: Monthly.
Estimated Total Annual Burden
Hours: 2,592 hours.
Estimated Total Annual Cost:
$64,800.
By the National Credit Union
Administration Board on August 26, 2011.
Mary Rupp,
Secretary of the Board.
[FR Doc. 2011–22337 Filed 8–31–11; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
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In the Matter of Entergy Operations,
Inc. and Entergy Nuclear Operations,
Inc.; Confirmatory Order Modifying
Licenses (Effective Immediately)
EA–11–096
Docket Nos. 050–00313; 050–00368; 050–
00333; 050–00416; 050–00247; 050–00286;
050–00255; 050–00293; 050–00458; 050–
00271; 050–00382
License Nos. DPR–51; NPF–6; DPR–59; NFP–
29; DPR–26; DPR–64; DPR–20; DPR–35;
NFP–47; DPR–28; NFP–38
I
Entergy Operations, Inc. and Entergy
Nuclear Operations, Inc., (collectively
Entergy) are the holders of Operating
License Nos. DPR–51; NPF–6; DPR–59;
NFP–29; DPR–26; DPR–64; DPR–20;
DPR–35; NFP–47; DPR–28 and NFP–38
issued by the Nuclear Regulatory
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54499
Commission (NRC or Commission)
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) part 50.
The licenses authorize the operation of
Arkansas Nuclear One, Units 1 & 2,
James Fitzpatrick Nuclear Power Plant,
Grand Gulf Nuclear Station, Unit 1,
Indian Point Nuclear Generating, Units
2 & 3, Palisades Nuclear Plant, Pilgrim
Nuclear Power Station, River Bend
Station, Vermont Yankee Nuclear Power
Station and Waterford Steam Electric
Station, Unit 3 (collectively, the
Facilities), in accordance with
conditions specified therein. The
Facilities are located in the vicinity of
the following cities: Russellville,
Arkansas; Oswego, New York;
Vicksburg, Mississippi; New York City,
New York; South Haven, Michigan;
Boston, Massachusetts; Baton Rouge,
Louisiana; Brattleboro, Vermont and
New Orleans, Louisiana, respectively.
This confirmatory order (referenced as
CO, Confirmatory Order or Order) is the
result of an agreement reached during
an alternative dispute resolution (ADR)
mediation session conducted on July 18,
2011 in Washington, DC.
II
On March 17, 2011, the NRC Office of
Investigations (OI) issued its report of
investigation (OI Case No. 4–2010–053).
Based on the evidence developed during
its investigation, the NRC identified an
apparent violation of 10 CFR 50.7
involving an employee at the River
Bend Station who was rated lower in
his/her 2008 annual performance
appraisal because the employee
questioned the qualifications necessary
to perform certain work activities in
compliance with the applicable plant
procedure(s).
By letter May 20, 2011, the NRC
identified to Entergy the apparent
violation of 10 CFR 50.7 and offered
Entergy the opportunity to provide a
written response, attend a predecisional enforcement conference, or
request ADR. Entergy chose ADR.
On July 18, 2011, the NRC and
Entergy met in an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Institute on Conflict Resolution. ADR
through mediation is a process in which
a neutral mediator with no decisionmaking authority assists the parties in
reaching an agreement. This
Confirmatory Order is issued pursuant
to the agreement reached during the
ADR process.
III
The NRC acknowledges that Entergy
on its own initiative undertook a
number of actions prior to the issuance
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices
of the NRC’s May 20, 2011 letter. Those
actions are summarized below:
1. Conducting remedial 10 CFR 50.7
training to key managers at River Bend,
Palisades and Grand Gulf nuclear power
plants;
2. Debriefing the employee in
question on the results of the company’s
investigation and corrective actions,
including revision of his/her 2008
appraisal and other corrective actions;
3. Conducting fleet-wide training for
Employee Concerns Program (ECP)
personnel;
4. Completing an apparent cause
evaluation relating to the company’s
ECP investigation;
5. Holding a management meeting
with the employee in question again to
review corrective actions;
6. Reviewing all closed ECP
retaliation type concerns fleet-wide
from 2008 and 2009;
7. Conducting 4-hour 10 CFR 50.7
training to select River Bend Station
management personnel;
8. Completing fleet-wide review of all
2009 appraisals for employees with
overall ‘‘Improvement Required’’ rating;
9. Completing benchmarking
evaluation of ECP practices and
procedures;
10. Revising procedure EN–MA–102,
Inspection Program;
11. Issuing guidance on preparation
and conduct of performance
improvement plans;
12. Providing 3-hour 10 CFR 50.7
training for all supervisors and above
fleet-wide (ongoing as of the date of this
CO); and
13. Developing procedure EN–EC–
100–01 ‘‘Employee Concern Coordinator
Training Program’’ to provide
instructions for ECP coordinator
qualifications.
During the ADR mediation session, an
agreement in principle was reached
where Entergy agreed to take the
following additional actions:
1. Entergy will reorganize the Quality
Control (QC) reporting relationship so
that those persons whose primary
function is to assign or perform QC
inspections will report directly to a
manager in the Quality Assurance (QA)
organization. These same persons may
have a dotted line reporting relationship
to the site Maintenance department and
may be tasked to perform maintenance
activities other than QC inspections.
Entergy will provide to the Director,
Office of Enforcement, a plan to
accomplish this reorganization within
90 days after the issuance of this CO and
will complete the transition described
above within 270 days after the issuance
of this CO. If Entergy is unable to
provide a plan or complete the
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transition as described above, this CO
shall be null and void and the NRC
reserves the right to reenter the
enforcement process in the underlying
matter.
2. Entergy will review its existing
general employee training (GET) to
ensure adequate coverage of 10 CFR
50.7, including insights from the
underlying matter. To that end, Entergy
will create a document identifying the
relevant ‘‘lessons-learned’’ from the
facts of this matter, and in reviewing its
GET, Entergy will ensure that these
lessons-learned are addressed in the
training materials. Entergy will also
document the results of its review of the
GET within 60 days after the issuance
of the CO. If this review reveals a need
to revise the GET, Entergy will make the
appropriate revisions within 180 days of
the issuance of this CO.
3. Entergy will review its existing
training provided to new supervisors to
ensure adequate coverage of 10 CFR
50.7 including insights from the
underlying matter. To that end, Entergy
will create a document identifying the
relevant ‘‘lessons-learned’’ from the
facts of this matter, and in reviewing the
training provided to new supervisors,
Entergy will ensure that these lessonslearned are addressed in the training
materials. Entergy will also document
the results of its review of the training
within 60 days after the issuance of the
CO. If this review reveals a need to
revise the supervisory training, Entergy
will make the appropriate revisions
within 180 days of the issuance of this
CO.
4. Within 30 days after the issuance
of this CO, a senior Entergy nuclear
executive will issue a fleet-wide written
communication reinforcing Entergy’s
commitment to maintaining a safety
conscious work environment and
reaffirming Entergy’s insistence upon
the protection of employees’ right and
obligation to raise safety issues without
fear of retaliation.
5. Within 365 days after the issuance
of this CO, subcommittees of Entergy’s
Safety Review Committees (both for
Boiling Water Reactors and Pressurized
Water Reactors) will conduct an
effectiveness review of ECP procedural
enhancements and the ECP training that
arose from the corrective actions taken
in relation to this matter. This review
will include a sampling review of ECP
investigations and reports. These
subcommittees will document their
analyses and findings and make the
results available for NRC review.
6. By no later than December 31,
2012, Entergy will conduct a safety
culture survey at the River Bend Station
comparable to the independent survey
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conducted in 2009 at RBS and make the
results available for NRC review.
On August 15, 2011, Entergy
consented to issuing this CO with the
commitments, as described in Section V
below. Entergy further agreed that this
Order is to be effective upon issuance
and that it has waived its right to a
hearing.
IV
Since the licensee has agreed to take
additional actions to address NRC
concerns, as set forth in Item III above,
the NRC has concluded that its concerns
can be resolved through issuance of this
Confirmatory Order and thereby has
agreed not to pursue further action in
connection with the NRC’s May 20,
2011 letter to Entergy relating to OI
investigation 4–2010–053.
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 immediately
effective upon issuance. By no later than
30 days after the completion of the last
requirement of Section V, Entergy is
required to notify the NRC in writing
and summarize its actions.
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, Effective
Immediately, That:
1. Entergy will reorganize the Quality
Control (QC) reporting relationship so
that those persons whose primary
function is to assign or perform QC
inspections will report directly to a
manager in the Quality Assurance (QA)
organization. These same persons may
have a dotted line reporting relationship
to the site Maintenance department and
may be tasked to perform maintenance
activities other than QC inspections.
Entergy will provide the Director, Office
of Enforcement, a plan to accomplish
this reorganization within 90 days after
the issuance of this CO and will
complete the transition described above
within 270 days after the issuance of
this CO. If Entergy is unable to provide
a plan or complete the transition as
described above, this CO shall be null
and void and the NRC reserves the right
to reenter the enforcement process in
the underlying matter.
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2. Entergy will review its existing
general employee training (GET) to
ensure adequate coverage of 10 CFR
50.7, including insights from the
underlying matter. To that end, Entergy
will create a document identifying the
relevant ‘‘lessons-learned’’ from the
facts of this matter, and in reviewing its
GET, Entergy will ensure that these
lessons-learned are addressed in the
training materials. Entergy will also
document the results of its review of the
GET within 60 days after the issuance
of the CO. If this review reveals a need
to revise the GET, Entergy will make the
appropriate revisions within 180 days of
the issuance of this CO.
3. Entergy will review its existing
training provided to new supervisors to
ensure adequate coverage of 10 CFR
50.7 including insights from the
underlying matter. To that end, Entergy
will create a document identifying the
relevant ‘‘lessons-learned’’ from the
facts of this matter, and in reviewing the
training provided to new supervisors,
Entergy will ensure that these lessonslearned are addressed in the training
materials. Entergy will also document
the results of its review of the training
within 60 days after the issuance of the
CO. If this review reveals a need to
revise the supervisory training, Entergy
will make the appropriate revisions
within 180 days of the issuance of this
CO.
4. Within 30 days after the issuance
of this CO, a senior Entergy nuclear
executive will issue a fleet-wide written
communication reinforcing Entergy’s
commitment to maintaining a safety
conscious work environment and
reaffirming Entergy’s insistence upon
the protection of employees’ right and
obligation to raise safety issues without
fear of retaliation.
5. Within 365 days after the issuance
of this CO, subcommittees of Entergy’s
Safety Review Committees (both for
Boiling Water Reactors and Pressurized
Water Reactors) will conduct an
effectiveness review of ECP procedural
enhancements and the ECP training that
arose from the corrective actions taken
in relation to this matter. This review
will include a sampling review of ECP
investigations and reports. These
subcommittees will document their
analyses and findings and make the
results available for NRC review.
6. By no later than December 31,
2012, Entergy will conduct a safety
culture survey at the River Bend Station
comparable to the independent survey
conducted in 2009 at RBS and make the
results available for NRC review.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
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the above conditions upon
demonstration by Entergy of good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than Entergy,
may request a hearing within 20 days of
its publication in the Federal Register.
Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time must be made in
writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555,
and include a statement of good cause
for the extension.
All documents filed in 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). The EFiling 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 e-mail at
hearing.docket@nrc.gov, 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 NRCissued 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 https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
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54501
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://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 https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.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 e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an
e-mail notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
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www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree 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 https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, or the presiding
officer. Participants are requested not to
include personal privacy information,
such as social security numbers, home
addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
If a person (other than Energy)
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
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address the criteria set forth in 10 CFR
2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 20 days
from the date this Confirmatory Order is
published in the Federal Register
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received.
A Request for Hearing Shall Not Stay
the Immediate Effectiveness of This
Order.
For the Nuclear Regulatory Commission.
Dated at Rockville, MD, this 24th day of
August 2011.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2011–22417 Filed 8–31–11; 8:45 am]
BILLING CODE 7590–01–P
[Docket Number 50–397; NRC–2010–0029]
Energy Northwest, Columbia
Generating Station; Notice of
Availability of Draft Supplement 47 to
the Generic Environmental Impact
Statement for License Renewal of
Nuclear Plants and Public Meetings for
the License Renewal of Columbia
Generating Station
Notice is hereby given that the U.S.
Nuclear Regulatory Commission (NRC)
has published a draft plant-specific
supplement to the Generic
Environmental Impact Statement for
License Renewal of Nuclear Plants
(GEIS), NUREG–1437, regarding the
renewal of operating license NPF–21 for
an additional 20 years of operation for
Columbia Generating Station. Columbia
Generating Station is located in
Richland, Washington. Possible
alternatives to the proposed action
(license renewal) include no action and
reasonable alternative energy sources.
Any interested party may submit
comments on the draft supplement to
the GEIS for consideration by the NRC
staff. To be considered, comments on
the draft supplement to the GEIS and
Frm 00077
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Please include Docket ID
NRC–2010–0029 in the subject line of
your comments. For additional
instructions on submitting comments
and instructions on accessing
documents related to this action, see
‘‘Submitting Comments and Accessing
Information’’ in the SUPPLEMENTARY
INFORMATION section of this document.
You may submit comments by any one
of the following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0029. Address questions
about NRC dockets to Carol Gallagher,
telephone: 301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Submitting Comments and Accessing
Information
NUCLEAR REGULATORY
COMMISSION
PO 00000
the proposed action must be received by
November 16, 2011. The NRC staff is
able to ensure consideration only for
comments received on or before this
date.
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You can access publicly available
documents related to this document
using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
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[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54499-54502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22417]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0203]
In the Matter of Entergy Operations, Inc. and Entergy Nuclear
Operations, Inc.; Confirmatory Order Modifying Licenses (Effective
Immediately)
)EA-11-096
Docket Nos. 050-00313; 050-00368; 050-00333; 050-00416; 050-00247;
050-00286; 050-00255; 050-00293; 050-00458; 050-00271; 050-00382
License Nos. DPR-51; NPF-6; DPR-59; NFP-29; DPR-26; DPR-64; DPR-20;
DPR-35; NFP-47; DPR-28; NFP-38
I
Entergy Operations, Inc. and Entergy Nuclear Operations, Inc.,
(collectively Entergy) are the holders of Operating License Nos. DPR-
51; NPF-6; DPR-59; NFP-29; DPR-26; DPR-64; DPR-20; DPR-35; NFP-47; DPR-
28 and NFP-38 issued by the Nuclear Regulatory Commission (NRC or
Commission) pursuant to Title 10 of the Code of Federal Regulations (10
CFR) part 50. The licenses authorize the operation of Arkansas Nuclear
One, Units 1 & 2, James Fitzpatrick Nuclear Power Plant, Grand Gulf
Nuclear Station, Unit 1, Indian Point Nuclear Generating, Units 2 & 3,
Palisades Nuclear Plant, Pilgrim Nuclear Power Station, River Bend
Station, Vermont Yankee Nuclear Power Station and Waterford Steam
Electric Station, Unit 3 (collectively, the Facilities), in accordance
with conditions specified therein. The Facilities are located in the
vicinity of the following cities: Russellville, Arkansas; Oswego, New
York; Vicksburg, Mississippi; New York City, New York; South Haven,
Michigan; Boston, Massachusetts; Baton Rouge, Louisiana; Brattleboro,
Vermont and New Orleans, Louisiana, respectively.
This confirmatory order (referenced as CO, Confirmatory Order or
Order) is the result of an agreement reached during an alternative
dispute resolution (ADR) mediation session conducted on July 18, 2011
in Washington, DC.
II
On March 17, 2011, the NRC Office of Investigations (OI) issued its
report of investigation (OI Case No. 4-2010-053). Based on the evidence
developed during its investigation, the NRC identified an apparent
violation of 10 CFR 50.7 involving an employee at the River Bend
Station who was rated lower in his/her 2008 annual performance
appraisal because the employee questioned the qualifications necessary
to perform certain work activities in compliance with the applicable
plant procedure(s).
By letter May 20, 2011, the NRC identified to Entergy the apparent
violation of 10 CFR 50.7 and offered Entergy the opportunity to provide
a written response, attend a pre-decisional enforcement conference, or
request ADR. Entergy chose ADR.
On July 18, 2011, the NRC and Entergy met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. ADR through mediation is
a process in which a neutral mediator with no decision-making authority
assists the parties in reaching an agreement. This Confirmatory Order
is issued pursuant to the agreement reached during the ADR process.
III
The NRC acknowledges that Entergy on its own initiative undertook a
number of actions prior to the issuance
[[Page 54500]]
of the NRC's May 20, 2011 letter. Those actions are summarized below:
1. Conducting remedial 10 CFR 50.7 training to key managers at
River Bend, Palisades and Grand Gulf nuclear power plants;
2. Debriefing the employee in question on the results of the
company's investigation and corrective actions, including revision of
his/her 2008 appraisal and other corrective actions;
3. Conducting fleet-wide training for Employee Concerns Program
(ECP) personnel;
4. Completing an apparent cause evaluation relating to the
company's ECP investigation;
5. Holding a management meeting with the employee in question again
to review corrective actions;
6. Reviewing all closed ECP retaliation type concerns fleet-wide
from 2008 and 2009;
7. Conducting 4-hour 10 CFR 50.7 training to select River Bend
Station management personnel;
8. Completing fleet-wide review of all 2009 appraisals for
employees with overall ``Improvement Required'' rating;
9. Completing benchmarking evaluation of ECP practices and
procedures;
10. Revising procedure EN-MA-102, Inspection Program;
11. Issuing guidance on preparation and conduct of performance
improvement plans;
12. Providing 3-hour 10 CFR 50.7 training for all supervisors and
above fleet-wide (ongoing as of the date of this CO); and
13. Developing procedure EN-EC-100-01 ``Employee Concern
Coordinator Training Program'' to provide instructions for ECP
coordinator qualifications.
During the ADR mediation session, an agreement in principle was
reached where Entergy agreed to take the following additional actions:
1. Entergy will reorganize the Quality Control (QC) reporting
relationship so that those persons whose primary function is to assign
or perform QC inspections will report directly to a manager in the
Quality Assurance (QA) organization. These same persons may have a
dotted line reporting relationship to the site Maintenance department
and may be tasked to perform maintenance activities other than QC
inspections. Entergy will provide to the Director, Office of
Enforcement, a plan to accomplish this reorganization within 90 days
after the issuance of this CO and will complete the transition
described above within 270 days after the issuance of this CO. If
Entergy is unable to provide a plan or complete the transition as
described above, this CO shall be null and void and the NRC reserves
the right to reenter the enforcement process in the underlying matter.
2. Entergy will review its existing general employee training (GET)
to ensure adequate coverage of 10 CFR 50.7, including insights from the
underlying matter. To that end, Entergy will create a document
identifying the relevant ``lessons-learned'' from the facts of this
matter, and in reviewing its GET, Entergy will ensure that these
lessons-learned are addressed in the training materials. Entergy will
also document the results of its review of the GET within 60 days after
the issuance of the CO. If this review reveals a need to revise the
GET, Entergy will make the appropriate revisions within 180 days of the
issuance of this CO.
3. Entergy will review its existing training provided to new
supervisors to ensure adequate coverage of 10 CFR 50.7 including
insights from the underlying matter. To that end, Entergy will create a
document identifying the relevant ``lessons-learned'' from the facts of
this matter, and in reviewing the training provided to new supervisors,
Entergy will ensure that these lessons-learned are addressed in the
training materials. Entergy will also document the results of its
review of the training within 60 days after the issuance of the CO. If
this review reveals a need to revise the supervisory training, Entergy
will make the appropriate revisions within 180 days of the issuance of
this CO.
4. Within 30 days after the issuance of this CO, a senior Entergy
nuclear executive will issue a fleet-wide written communication
reinforcing Entergy's commitment to maintaining a safety conscious work
environment and reaffirming Entergy's insistence upon the protection of
employees' right and obligation to raise safety issues without fear of
retaliation.
5. Within 365 days after the issuance of this CO, subcommittees of
Entergy's Safety Review Committees (both for Boiling Water Reactors and
Pressurized Water Reactors) will conduct an effectiveness review of ECP
procedural enhancements and the ECP training that arose from the
corrective actions taken in relation to this matter. This review will
include a sampling review of ECP investigations and reports. These
subcommittees will document their analyses and findings and make the
results available for NRC review.
6. By no later than December 31, 2012, Entergy will conduct a
safety culture survey at the River Bend Station comparable to the
independent survey conducted in 2009 at RBS and make the results
available for NRC review.
On August 15, 2011, Entergy consented to issuing this CO with the
commitments, as described in Section V below. Entergy further agreed
that this Order is to be effective upon issuance and that it has waived
its right to a hearing.
IV
Since the licensee has agreed to take additional actions to address
NRC concerns, as set forth in Item III above, the NRC has concluded
that its concerns can be resolved through issuance of this Confirmatory
Order and thereby has agreed not to pursue further action in connection
with the NRC's May 20, 2011 letter to Entergy relating to OI
investigation 4-2010-053.
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 immediately
effective upon issuance. By no later than 30 days after the completion
of the last requirement of Section V, Entergy is required to notify the
NRC in writing and summarize its actions.
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,
Effective Immediately, That:
1. Entergy will reorganize the Quality Control (QC) reporting
relationship so that those persons whose primary function is to assign
or perform QC inspections will report directly to a manager in the
Quality Assurance (QA) organization. These same persons may have a
dotted line reporting relationship to the site Maintenance department
and may be tasked to perform maintenance activities other than QC
inspections. Entergy will provide the Director, Office of Enforcement,
a plan to accomplish this reorganization within 90 days after the
issuance of this CO and will complete the transition described above
within 270 days after the issuance of this CO. If Entergy is unable to
provide a plan or complete the transition as described above, this CO
shall be null and void and the NRC reserves the right to reenter the
enforcement process in the underlying matter.
[[Page 54501]]
2. Entergy will review its existing general employee training (GET)
to ensure adequate coverage of 10 CFR 50.7, including insights from the
underlying matter. To that end, Entergy will create a document
identifying the relevant ``lessons-learned'' from the facts of this
matter, and in reviewing its GET, Entergy will ensure that these
lessons-learned are addressed in the training materials. Entergy will
also document the results of its review of the GET within 60 days after
the issuance of the CO. If this review reveals a need to revise the
GET, Entergy will make the appropriate revisions within 180 days of the
issuance of this CO.
3. Entergy will review its existing training provided to new
supervisors to ensure adequate coverage of 10 CFR 50.7 including
insights from the underlying matter. To that end, Entergy will create a
document identifying the relevant ``lessons-learned'' from the facts of
this matter, and in reviewing the training provided to new supervisors,
Entergy will ensure that these lessons-learned are addressed in the
training materials. Entergy will also document the results of its
review of the training within 60 days after the issuance of the CO. If
this review reveals a need to revise the supervisory training, Entergy
will make the appropriate revisions within 180 days of the issuance of
this CO.
4. Within 30 days after the issuance of this CO, a senior Entergy
nuclear executive will issue a fleet-wide written communication
reinforcing Entergy's commitment to maintaining a safety conscious work
environment and reaffirming Entergy's insistence upon the protection of
employees' right and obligation to raise safety issues without fear of
retaliation.
5. Within 365 days after the issuance of this CO, subcommittees of
Entergy's Safety Review Committees (both for Boiling Water Reactors and
Pressurized Water Reactors) will conduct an effectiveness review of ECP
procedural enhancements and the ECP training that arose from the
corrective actions taken in relation to this matter. This review will
include a sampling review of ECP investigations and reports. These
subcommittees will document their analyses and findings and make the
results available for NRC review.
6. By no later than December 31, 2012, Entergy will conduct a
safety culture survey at the River Bend Station comparable to the
independent survey conducted in 2009 at RBS and make the results
available for NRC review.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Entergy of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Entergy, may request a hearing within 20 days of its publication
in the Federal Register. Where good cause is shown, consideration will
be given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension.
All documents filed in 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). 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 e-mail at
hearing.docket@nrc.gov, 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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://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 https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://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 e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://
[[Page 54502]]
www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, 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
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, or the presiding officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in their
filings, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
If a person (other than Energy) requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Confirmatory Order and shall address the
criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 20 days from the date this
Confirmatory Order is published in the Federal Register without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions specified in Section V shall be final
when the extension expires if a hearing request has not been received.
A Request for Hearing Shall Not Stay the Immediate Effectiveness of
This Order.
For the Nuclear Regulatory Commission.
Dated at Rockville, MD, this 24th day of August 2011.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2011-22417 Filed 8-31-11; 8:45 am]
BILLING CODE 7590-01-P
