Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Indian Point 3, LLC; Issuance of Director's Decision, 66492-66493 [2012-26926]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66492-66493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26926]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 50-003, 50-247, 50-286; NRC-2012-0265: License Nos.: DPR-
5, DPR-26, and DPR-64]


Entergy Nuclear Operations, Inc., Entergy Nuclear Indian Point 2, 
LLC, and Entergy Nuclear Indian Point 3, LLC; Issuance of Director's 
Decision

    Notice is hereby given that the Director, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission (NRC or Commission) has 
issued a Director's Decision with regard to a petition filed by Eric T. 
Schneiderman, Attorney General, State of New York. The petition, dated 
March 28, 2011, was supplemented by a transcript of a public meeting 
held on May 9, 2011, between representatives of the petitioner and the 
NRC. The petition concerns the operation of the Indian Point Nuclear 
Generating Units 1, 2, and 3 (Indian Point), owned by Entergy Nuclear 
Indian Point 2, LLC (Units 1 and 2) and Entergy Nuclear Indian Point 3, 
LLC (Unit 3) and operated by Entergy Nuclear Operations, Inc. (Entergy 
or the licensee).
    The petitioner asked the NRC to take immediate action and issue an 
Order requiring the following actions regarding Indian Point Nuclear 
Generating Units 1, 2, and 3, that would (1) identify the violations of 
paragraphs F and G of Section III of Appendix R, ``Fire Protection 
Program for Nuclear Power Facilities Operating Prior to January 1, 
1979,'' to part 50 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Domestic Licensing of Production and Utilization Facilities,'' 
which exist as of the date of the petition (March 28, 2011), at Indian 
Point Units 1, 2, and 3, (2) compel Entergy Nuclear Operations, Inc. 
(Entergy, or the licensee), and its affiliates to comply on or before 
September 20, 2011, with the requirements in paragraphs F and G for all 
fire zones in Indian Point Units 2 and 3, and any Indian Point Unit 1 
fire zone or system, structure, or component that Indian Point Units 2 
and 3, rely upon, and (3) convene an evidentiary

[[Page 66493]]

hearing before the Commission to adjudicate the violation of paragraphs 
F and G at Indian Point Units 1, 2, and 3, by Entergy and its 
affiliates.
    As the basis for the petition, the petitioner (1) cited the 
population centers adjacent to the Indian Point facility, (2) described 
past investigations by both the NRC's Office of Investigations and the 
Government Accountability Office on fire barriers, most specifically 
Thermo-Lag and Hemyc, (3) stated his belief that the NRC staff has not 
been aggressive in resolving fire barrier issues or in taking 
meaningful enforcement action toward Indian Point, (4) focused on the 
exemptions to Appendix R to 10 CFR Part 50 that the licensee submitted 
in March 2009, that rely upon operator manual actions (OMAs) in a large 
number of fire areas at Indian Point, (5) stated his belief that the 
regulations do not authorize OMAs as a means for protecting a redundant 
system from fire, and (6) referenced the accident at the Fukushima Dai-
ichi nuclear power plant in Japan resulting from the March 11, 2011, 
Great T[omacr]hoku Earthquake and questioned whether plant operators 
would be physically capable of performing these duties. Finally, the 
petitioner expressed his belief that (1) the NRC should reserve 
exemptions for extraordinary circumstances, (2) the NRC should not 
approve the exemptions, and (3) Entergy has not made a serious effort 
to comply with Federal regulations.
    On May 9, 2011, the petitioner and the licensee met with the NRC's 
Petition Review Board. The meeting provided the petitioner and the 
licensee an opportunity to provide additional information and to 
clarify issues cited in the petition.
    The NRC sent a copy of the proposed Director's Decision to the 
petitioner and the licensee for comment on July 2, 2012. Comments were 
received from both the petitioner and the licensee and are addressed in 
an attachment to the final Director's Decision.
    The Director of the Office of Nuclear Reactor Regulation granted 
the petitioner's request, in part, with respect to identifying 
violations of fire protection requirements at Indian Point and 
developing a schedule and date for full compliance with the applicable 
regulations. The petitioner's request to order full compliance by 
September 20, 2011, and conduct an evidentiary hearing before the 
Commission to adjudicate the violations was denied. The reasons for 
this decision are explained in the Director's Decision pursuant to 10 
CFR Section 2.206 (DD-12-03), the complete text of which is available 
in Agencywide Documents Access and Management System (ADAMS) Accession 
No. ML12240A077 and is available for inspection at the Commission's 
Public Document Room, located at One White Flint North, Public File 
Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, 
and from the ADAMS Public Library component on the NRC's Web site, 
http:www.nrc.gov/reading-rm.html (the Public Electronic Reading Room).
    A copy of the Director's Decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the Director's Decision will constitute the final action of 
the Commission 25 days after the date of the decision, unless the 
Commission, on its own motion, institutes a review of the Director's 
Decision in that time.

    Dated at Rockville, Maryland, this 24th day of October 2012.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-26926 Filed 11-2-12; 8:45 am]
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