In the Matter of Entergy Nuclear Operations, Inc., Palisades Nuclear Plant, 32797-32800 [2016-12193]
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
NUCLEAR REGULATORY
COMMISSION
[EA–15–039; NRC–2016–0104]
In the Matter of Entergy Nuclear
Operations, Inc., Palisades Nuclear
Plant
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
Confirmatory Order to Entergy Nuclear
Operations, Inc. (Entergy), confirming
agreements reached in an Alternative
Dispute Resolution Session held on
March 25, 2016. As part of the
agreement, Entergy will take a number
of actions, including: (1) Developing a
case study pertaining to the leakage of
the Safety Injection Refueling Water
Tank at the Palisades Nuclear Plant and
training site personnel with an
emphasis on lessons learned from the
event; (2) sharing facts and lessons
learned with the Entergy Fleet and other
reactor licensees; (3) reviewing and
revising the Entergy corrective action
and operability determination
procedures to ensure indeterminate
and/or changing conditions are
addressed, and (4) modifying the
current outreach program at Palisades to
include wide audience and discussions
of the event, plant safety, and current
operations.
SUMMARY:
Effective Date: June 16, 2016.
Please refer to Docket ID
NRC–2016–0104 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0104. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
DATES:
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ADDRESSES:
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1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Magdalena Gryglak, Region III, U.S.
Nuclear Regulatory Commission, Lisle,
Illinois, 60532; telephone: 630–810–
4372, email: Magdalena.Gryglak@
nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Lisle, Illinois this 16 day of May,
2016.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment—Confirmatory Order
Modifying License
UNITED STATES OF AMERICA NUCLEAR
REGULATORY COMMISSION
In the Matter of
All POWER REACTOR LICENSEES OWNED
AND OPERATED BY
ENTERGY NUCLEAR OPERATIONS, INC.;
ENTERGY OPERATIONS, INC.; AND
ENTERGY NUCLEAR GENERATION
COMPANY
EA–15–039
Docket Nos. (Attachment 1)
Licensed Nos. (Attachment 1)
CONFIRMATORY ORDER MODIFYING
LICENSE
I
Entergy Nuclear Operations, Inc. (Entergy)
is the holder of Reactor Operating License
No. DPR–20 issued by the U.S. Nuclear
Regulatory Commission (NRC or
Commission) pursuant to Title 10 of the Code
of Federal Regulations (10 CFR) Part 50 on
March 24, 1971, and renewed on January 17,
2007. The license authorizes the operation of
the Palisades Nuclear Plant (Palisades) in
accordance with conditions specified therein.
The facility is located on Entergy’s site in
Covert, Michigan.
This Confirmatory Order is the result of an
agreement reached during an Alternative
Dispute Resolution (ADR) mediation session
conducted on March 25, 2016.
II
On June 25, 2012, the NRC Office of
Investigations (OI), Region III Field Office
initiated an investigation (OI Case No. 3–
2012–021) to determine whether personnel at
Palisades deliberately failed to provide
complete and accurate information to the
NRC regarding a potential leak in the Safety
Injection Refueling Water Tank (SIRWT),
thereby violating 10 CFR 50.9,
‘‘Completeness and Accuracy of
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Information.’’ The Office of Investigations
completed its investigation on March 10,
2015, and the NRC provided a factual
summary of the investigation in a letter to
Entergy dated February 22, 2016
(Agencywide Documents Access and
Management System (ADAMS) Accession
No. ML16053A472). Based on the review of
the OI investigation report, the NRC
determined that four Palisades employees
willfully violated 10 CFR part 50, Appendix
B, Criterion V, ‘‘Instructions, Procedures, and
Drawings,’’ by failing to comply with the
Palisades corrective action program
procedure. The NRC also determined that
Entergy violated 10 CFR part 50, Appendix
B, Criterion V, ‘‘Instructions, Procedures, and
Drawings,’’ based on an inadequate
operability determination. In addition, the
NRC found that Entergy violated Technical
Specifications (TS), Surveillance
Requirement (SR) 3.0.3 by not performing
either a missed surveillance test within 24
hours from identification or a risk evaluation
to complete the surveillance at a later time.
More specifically, on May 18, 2011,
Palisades employees initiated Condition
Report (CR) PLP–2011–02491 when leakage
from the ceiling in the Palisades main control
room was identified following heavy rains in
the area. Based on the evidence gathered
during the OI investigation, the NRC
determined that four Palisades employees
willfully violated NRC requirements by
failing to enter a condition adverse to quality
into Palisades’ corrective action program,
after they either initiated or received emails
that concluded with high certainty that the
SIRWT or associated piping was the source
of the leakage. Their actions caused Entergy
to be in violation of 10 CFR part 50,
Appendix B, Criterion V, ‘‘Instructions,
Procedures, and Drawings,’’ and Procedure
EN–LI–102, ‘‘Corrective Action Process,’’
Revision 16, which requires employees to
promptly identify and initiate CRs for
conditions adverse to quality.
On June 2, 2011, Entergy performed a
direct visual inspection of the catacombs, an
area directly above the control room and
below the SIRWT, to look for sources of
leakage. As a result of the inspection,
Palisades identified an active flange leak on
a 3-inch SIRWT piping flange (CR PLP–2011–
02738) and an active leak from the catacombs
ceiling (CR PLP–2011–02740). The NRC
determined that Entergy violated NRC
requirements by failing to perform an
operability determination for the catacombs
ceiling leak. Additionally, Entergy failed to
perform an engineering evaluation for the
SIRWT when Palisades staff identified active
boric acid leakage from a safety injection
flange with carbon steel bolts. These failures
caused Entergy to be in violation of 10 CFR
part 50, Appendix B, Criterion V,
‘‘Instructions, Procedures, and Drawings,’’
and Procedure EN–OP–104, ‘‘Operability
Determination Process,’’ Revision 5, which
required Entergy to assess operability when
degraded conditions affecting structures,
systems, and components, were identified.
The NRC also determined Entergy to be in
violation of Palisades TS, SR 3.0.3, which
required it to either perform a missed
surveillance test within 24 hours or a risk
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evaluation for any surveillance delayed
greater than 24 hours. Specifically, when
Entergy identified surveillance procedure
RT–71M, the surveillance to conduct the
American Society of Mechanical Engineers
inservice pressure test of the SIRWT and
associated piping, had not been performed
within its required schedule, Entergy failed
to perform the test within 24 hours from
identification or perform a risk evaluation to
complete the surveillance at a later time.
Entergy accepted the NRC’s offer of ADR to
resolve differences it had with the NRC over
the results of the investigation and these
apparent violations. Alternative Dispute
Resolution is a process in which a neutral
mediator with no decision-making authority
assists the parties in reaching an agreement
on resolving any differences regarding the
dispute. On March 25, 2016, Entergy and the
NRC met in an ADR session mediated by a
professional mediator, arranged through
Cornell University’s Institute on Conflict
Resolution.
Prior to the NRC’s offer to engage in ADR,
Entergy had already taken several corrective
actions, including (but not limited to): (1)
repair of the SIRWT; (2) waterproofing the
concrete support structure below the SIRWT
nozzles; (3) changes to management and
other personnel at the station; (4) addressing
safety culture by training site personnel,
increasing leadership communication of
safety culture expectations, and completing
an independent third party assessment of
safety culture; and (5) implementing a
Recovery Plan at Palisades to strengthen
safety culture, the corrective action program,
and leadership effectiveness.
III
During the ADR session, the NRC and
Entergy reached a preliminary settlement
agreement. The NRC is issuing this
Confirmatory Order pursuant to the
agreement reached during the ADR process.
The elements of the agreement, as signed by
both parties, consist of the following:
1. Entergy does not believe that any of the
above violations were committed willfully,
but rather were the product of deficiencies in
the organizational safety culture that existed
at the time those violations occurred. The
parties agreed to disagree on the issue of
willfulness.
2. Entergy will ensure site personnel
understand lessons learned from this matter:
2a. Within 180 days of the effective date of
the Confirmatory Order, Entergy will develop
a case study with the participation of key
personnel in operations, chemistry, radiation
protection, and engineering, addressing
lessons learned from the events that gave rise
to the Confirmatory Order. The case study
will include applicable safety culture traits,
including the importance of conservative
decisionmaking; going forward in the face of
uncertainty; the need for nuclear personnel
to demonstrate a questioning attitude; and
the threshold for initiating corrective action
documents, especially when dealing with
indeterminate and/or changing conditions.
2b. Within 180 days of the completion of
item 2a., Entergy will present the case study
to the Palisades site leadership team (firstline supervisors and above) during focused
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leadership training; licensed and nonlicensed operators during routine
requalification training; engineering
personnel during routine Engineering
Support Personnel training; and chemistry,
radiation protection, and maintenance
personnel during continuing training. This
training will include long-term contractor
personnel who would normally attend.
2c. No later than December 31, 2017, the
Entergy Safety Review Committee, Oversight
Subcommittee, will report to the Entergy
Chief Nuclear Officer on the effectiveness of
the training in item 2b. Upon completion of
the report, Entergy will notify in writing the
Director, Division of Reactor Projects, NRC
Region III, and make the report available to
the NRC for inspection.
3. Entergy will share lessons learned from
this matter with other reactor licensees:
3a. Within 180 days of completion of item
2a., Entergy will present the lessons learned
from the case study to the Entergy fleet in
Inside Entergy.
3b. Within 360 days of completion of item
2a., Entergy will present the lessons learned
from the case study at: (1) A Regional Utility
Group meeting in each of the NRC Regions
that Entergy operates; and (2) a suitable
industry-wide forum such as the Nuclear
Energy Institute Licensing Forum.
3c. Entergy will notify in writing the
Director, Division of Reactor Projects, NRC
Region III, at least 30 days prior to any
scheduled presentation under item 3b, and
make the presentation materials available for
NRC review.
3d. No later than December 31, 2017,
Entergy will affirm in writing to the Director,
Division of Reactor Projects, NRC Region III,
that the presentations in items 3a. and 3b.
were conducted.
4. Within 360 days of the effective date of
the Confirmatory Order, Entergy will review
Procedure EN–OP–104, ‘‘Operability
Determination Process,’’ and Procedure EN–
LI–102, ‘‘Corrective Action Process,’’ in light
of the lessons learned from events associated
with leakage of the SIRWT and revise these
procedures as appropriate. In particular, the
review will evaluate the adequacy of those
procedures to address indeterminate and/or
changing conditions. Upon completion of the
procedure reviews and applicable revisions,
Entergy will notify in writing the Director,
Division of Reactor Projects, NRC Region III,
and make the procedures available to the
NRC for inspection.
5. Entergy will modify its current program
of public outreach at Palisades. The
modifications will include, at a minimum:
5a. Ensuring key stakeholders, including
Federal, State, and local government officials,
non-government organizations interested in
Palisades, and members of the local
community, are invited to the meetings.
5b. Ensuring the subject of each meeting
includes plant safety and operations.
5c. Ensuring the format of the meeting
permits the audience to raise questions, such
as in a town hall environment.
5d. Ensuring at least one meeting is held
no later than December 31, 2016, which will
address the events that led to this
Confirmatory Order.
5e. Ensuring at least two meetings are held
per calendar year in 2017 and 2018.
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In exchange for Entergy fulfilling its
commitments under this Confirmatory Order,
and for the corrective actions Entergy has
already taken, the NRC agreed to the
following conditions:
1. The NRC will consider this Confirmatory
Order as an escalated enforcement action for
a period of one year from its effective date.
2. The NRC will refrain from issuing a
Notice of Violation and proposing a civil
penalty for the apparent violations described
in the NRC letter to Entergy dated February
22, 2016.
On May 5, 2016, Entergy consented to
issuing this Confirmatory Order with the
commitments described in Section V. Entergy
further agreed that this Confirmatory Order is
to be effective 30 calendar days after issuance
and waived its right to a hearing on the
Confirmatory Order.
IV
Since the Entergy agrees to take additional
actions to address NRC concerns, as set forth
in Section III above, the NRC concludes that
its concerns can be resolved through issuance
of this Confirmatory Order.
I find that Entergy’s commitments set forth
in Section V are acceptable and necessary,
and I 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 based on Entergy’s consent,
this Confirmatory Order is effective 30
calendar days after issuance.
V
Accordingly, pursuant to Sections 104b,
161b, 161i, 161o, 182, and 186 of the Atomic
Energy Act of 1954, as amended, and the
Commission’s regulations in 10 CFR 2.202,
and 10 CFR part 50, IT IS HEREBY ORDERED
THAT:
1. Entergy will ensure site personnel
understand lessons learned from this matter:
1a. Within 180 days of the effective date of
the Confirmatory Order, Entergy will develop
a case study with the participation of key
personnel in operations, chemistry, radiation
protection, and engineering, addressing
lessons learned from the events that gave rise
to the Confirmatory Order. The case study
will include applicable safety culture traits,
including the importance of conservative
decisionmaking; going forward in the face of
uncertainty; the need for nuclear personnel
to demonstrate a questioning attitude; and
the threshold for initiating corrective action
documents, especially when dealing with
indeterminate and/or changing conditions.
1b. Within 180 days of the completion of
item 1a., Entergy will present the case study
to the Palisades site leadership team (firstline supervisors and above) during focused
leadership training; licensed and nonlicensed operators during routine
requalification training; engineering
personnel during routine Engineering
Support Personnel training; and chemistry,
radiation protection, and maintenance
personnel during continuing training. This
training will include long-term contractor
personnel who would normally attend.
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1c. No later than December 31, 2017, the
Entergy Safety Review Committee, Oversight
Subcommittee, will report to the Entergy
Chief Nuclear Officer on the effectiveness of
the training in item 1b. Upon completion of
the report, Entergy will notify in writing the
Director, Division of Reactor Projects, NRC
Region III, and make the report available to
the NRC for inspection.
2. Entergy will share lessons learned from
this matter with other reactor licensees:
2a. Within 180 days of completion of item
1a., Entergy will present the lessons learned
from the case study to the Entergy fleet in
Inside Entergy.
2b. Within 360 days of completion of item
1a., Entergy will present the lessons learned
from the case study at: (1) A Regional Utility
Group meeting in each of the NRC Regions
that Entergy operates; and (2) a suitable
industry-wide forum such as the Nuclear
Energy Institute Licensing Forum.
2c. Entergy will notify in writing the
Director, Division of Reactor Projects, NRC
Region III, at least 30 days prior to any
scheduled presentation under item 2b. and
make the presentation materials available for
NRC review.
2d. No later than December 31, 2017,
Entergy will affirm in writing to the Director,
Division of Reactor Projects, NRC Region III,
that the presentations in items 2a. and 2b.
were conducted.
3. Within 360 days of the effective date of
the Confirmatory Order, Entergy will review
Procedure EN–OP–104, ‘‘Operability
Determination Process,’’ and Procedure EN–
LI–102, ‘‘Corrective Action Process,’’ in light
of the lessons learned from events associated
with leakage of the SIRWT and revise these
procedures as appropriate. In particular, the
review will evaluate the adequacy of those
procedures to address indeterminate and/or
changing conditions. Upon completion of the
procedure reviews and applicable revisions,
Entergy will notify in writing the Director,
Division of Reactor Projects, NRC Region III,
and make the procedures available to the
NRC for inspection.
4. Entergy will modify its current program
of public outreach at Palisades. The
modifications will include, at a minimum:
4a. Ensuring key stakeholders, including
Federal, State, and local government officials,
non-government organizations interested in
Palisades, and members of the local
community are invited to the meetings.
4b. Ensuring the subject of each meeting
includes plant safety and operations.
4c. Ensuring the format of the meetings
permits the audience to raise questions, such
as in a town hall environment.
4d. Ensuring at least one meeting is held
no later than December 31, 2016, which will
address the events that led to this
Confirmatory Order.
4e. Ensuring at least two meetings are held
per calendar year in 2017 and 2018.
5. The conditions of this order are binding
upon the successors and assigns of Entergy.
The Regional Administrator, Region III,
may, in writing, relax or rescind any of the
above conditions upon demonstration by the
Licensee of good cause.
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VI
Any person adversely affected by this
Confirmatory Order, other than Entergy may
request a hearing within 30 days of the
issuance date of this Confirmatory Order.
Where good cause is shown, consideration
will be given to extending the time to request
a hearing. A request for extension of time
must be directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, 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’s
E-Filing rule (72 FR 49139; August 28, 2007),
as amended by 77 FR 46562; August 3, 2012
(codified in pertinent part at 10 CFR part 2,
subpart C). The E-Filing process requires
participants to submit and serve all
adjudicatory documents over the internet, or
in some cases to mail copies on electronic
storage media. Participants may not submit
paper copies of their filings unless they seek
an exemption in accordance with the
procedures described below.
To comply with the procedural
requirements of E-Filing, at least ten (10)
days prior to the filing deadline, the
participant should contact the Office of the
Secretary by email at hearing.docket@
nrc.gov, or by telephone at 301–415–1677, to
(1) request a digital identification (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/esubmittals.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 System (EIE), users
will be required to install a Web browser
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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/sitehelp/e-submittals.html.
Once a participant has obtained a digital ID
certificate and a docket has been created, the
participant can then submit a request for
hearing or petition for leave to intervene
through the EIE. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance available on
the NRC’s 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
(ET) on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the
submitter an email notice confirming receipt
of the document. The E-Filing system also
distributes an email notice that provides
access to the document to the NRC’s Office
of the General Counsel and any others who
have advised the Office of the Secretary that
they wish to participate in the proceeding, so
that the filer need not serve the documents
on those participants separately. Therefore,
any others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and receive a
digital ID certificate before a hearing request/
petition to intervene is filed so that they can
obtain access to the document via the EFiling system.
A person filing electronically using the
NRC’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’s Web site at https://
www.nrc.gov/site-help/e-submittals.html, by
email at MSHD.Resource@nrc.gov, or by a
toll-free call at (866) 672–7640. The NRC
Meta System Help Desk is available between
8:00 a.m. and 8:00 p.m., ET, 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 a
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request for exemption from using E-Filing,
may require a participant or party to use EFiling 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 the NRC’s
electronic hearing docket, which is available
to the public at https://ehd1.nrc.gov/ehd/,
unless excluded pursuant to an order of the
Commission or the presiding officer.
Participants are requested not to include
personal privacy information, such as social
security numbers, home addresses, or home
phone numbers in their filings, unless an
NRC regulation or other law requires
submission of such information. However, in
some instances, a request to intervene will
require including information on local
residence in order to demonstrate a
proximity assertion of interest in the
proceeding. With respect to copyrighted
works, participants are requested not to
include copyrighted materials in their
submission, except for limited excerpts that
serve the purpose of the adjudicatory filings
and would constitute a Fair Use application.
If a person other than the Licensee requests
a hearing, that person shall set forth with
particularity the manner in which his interest
is adversely affected by this Confirmatory
Order and shall address the criteria set forth
in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose
interest is adversely affected, the
Commission will issue a separate Order
designating the time and place of any
hearings, as appropriate. If a hearing is held,
the issue to be considered at such hearing
shall be whether this Confirmatory Order
should be sustained.
In the absence of any request for hearing,
or written approval of an extension of time
in which to request a hearing, the provisions
specified in Section V above shall be final 30
days after issuance of the Confirmatory Order
without further order or proceedings. If an
extension of time for requesting a hearing has
been approved, the provisions specified in
Section V shall be final when the extension
expires if a hearing request has not been
received.
Dated at Lisle, Illinois this 16 day of May,
2016.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
ALL POWER REACTOR LICENSEES
OWNED AND OPERATED BY ENTERGY
NUCLEAR OPERATIONS, INC.; ENTERGY
OPERATIONS, INC.; AND ENTERGY
NUCLEAR GENERATION COMPANY
Arkansas Nuclear One. Units 1 and 2
Entergy Operations, Inc.
Docket Nos. 50–313, 50–368
License Nos. DRP–51; NPF–6
Mr. Jeremy Browning, Site Vice President
Arkansas Nuclear One Entergy Operations,
Inc.
1448 SR 333
Russellville, AR 72802–0967
Grand Gulf Nuclear Station
Entergy Operations, Inc.
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
Docket No. 50–416
License No. NPF–29
Mr. Kevin Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150
Indian Point Nuclear Generating, Units 2 and
3
Entergy Nuclear Operations, Inc.
Docket Nos. 50–247 and 50–286
License Nos. DPR–26 and DPR–64
Mr. Larry Coyle, Site Vice President
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
Buchanan, NY 10511–0249
James A FitzPatrick Nuclear Power Plant
Entergy Nuclear Operations, Inc.
Docket No. 50–333
License No. DPR–59
Mr. Brian Sullivan, Site Vice President
Entergy Nuclear Operations, Inc.
James A FitzPatrick Nuclear Power Plant
P.O. Box 110
Lycoming, NY 13093
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
Docket No. 50–255
License No. DPR–20
Mr. Anthony Vitale, Vice President,
Operations
Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant
27780 Blue Star Memorial Highway
Covert, Ml 49043
Pilgrim Nuclear Power Station
Entergy Nuclear Generation Company
Docket No. 50–293
License No. DPR–35
Mr. John Dent, Site Vice President
Entergy Nuclear Operations Inc.
Pilgrim Nuclear Power Station
600 Rocky Hill Road
Plymouth, MA 02360–5508
River Bend Station
Entergy Operations, Inc.
Docket No. 50–458
License No. NPF–47
Mr. Eric W. Olson, Site Vice President
Entergy Operations, Inc.
River Bend Station
5485 US Highway 61 N
St. Francisville, LA 70775
Vermont Yankee Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50–271
License No. DPR–28
Mr. Christopher Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
P. O. Box 250
Vernon, VT 05354
Waterford Steam Electric Station. Unit 3
Entergy Operations, Inc.
Docket No. 50–382
License No. NPF–38
Mr. Michael R. Chisum, Site Vice President
Entergy Operations, Inc.
Waterford Steam Electric Station
17265 River Road
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Killona, LA 70057–0751
[FR Doc. 2016–12193 Filed 5–23–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0100]
Applications and Amendments to
Facility Operating Licenses and
Combined Licenses Involving No
Significant Hazards Considerations
Nuclear Regulatory
Commission.
ACTION: Biweekly notice.
AGENCY:
Pursuant to Section 189a. (2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular biweekly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued, and
grants the Commission the authority to
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from April 26,
2016, to May 9, 2016. The last biweekly
notice was published on May 10, 2016
(81 FR 28891).
DATES: Comments must be filed by June
23, 2016. A request for a hearing must
be filed by July 25, 2016.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0100. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12–H08, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
SUMMARY:
E:\FR\FM\24MYN1.SGM
24MYN1
Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32797-32800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12193]
[[Page 32797]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-15-039; NRC-2016-0104]
In the Matter of Entergy Nuclear Operations, Inc., Palisades
Nuclear Plant
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Entergy Nuclear Operations, Inc. (Entergy),
confirming agreements reached in an Alternative Dispute Resolution
Session held on March 25, 2016. As part of the agreement, Entergy will
take a number of actions, including: (1) Developing a case study
pertaining to the leakage of the Safety Injection Refueling Water Tank
at the Palisades Nuclear Plant and training site personnel with an
emphasis on lessons learned from the event; (2) sharing facts and
lessons learned with the Entergy Fleet and other reactor licensees; (3)
reviewing and revising the Entergy corrective action and operability
determination procedures to ensure indeterminate and/or changing
conditions are addressed, and (4) modifying the current outreach
program at Palisades to include wide audience and discussions of the
event, plant safety, and current operations.
DATES: Effective Date: June 16, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0104 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0104. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Magdalena Gryglak, Region III, U.S.
Nuclear Regulatory Commission, Lisle, Illinois, 60532; telephone: 630-
810-4372, email: Magdalena.Gryglak@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois this 16 day of May, 2016.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment--Confirmatory Order Modifying License
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of
All POWER REACTOR LICENSEES OWNED AND OPERATED BY
ENTERGY NUCLEAR OPERATIONS, INC.; ENTERGY OPERATIONS, INC.; AND
ENTERGY NUCLEAR GENERATION COMPANY
EA-15-039
Docket Nos. (Attachment 1)
Licensed Nos. (Attachment 1)
CONFIRMATORY ORDER MODIFYING LICENSE
I
Entergy Nuclear Operations, Inc. (Entergy) is the holder of
Reactor Operating License No. DPR-20 issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Title 10 of
the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971,
and renewed on January 17, 2007. The license authorizes the
operation of the Palisades Nuclear Plant (Palisades) in accordance
with conditions specified therein. The facility is located on
Entergy's site in Covert, Michigan.
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on March 25, 2016.
II
On June 25, 2012, the NRC Office of Investigations (OI), Region
III Field Office initiated an investigation (OI Case No. 3-2012-021)
to determine whether personnel at Palisades deliberately failed to
provide complete and accurate information to the NRC regarding a
potential leak in the Safety Injection Refueling Water Tank (SIRWT),
thereby violating 10 CFR 50.9, ``Completeness and Accuracy of
Information.'' The Office of Investigations completed its
investigation on March 10, 2015, and the NRC provided a factual
summary of the investigation in a letter to Entergy dated February
22, 2016 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML16053A472). Based on the review of the OI
investigation report, the NRC determined that four Palisades
employees willfully violated 10 CFR part 50, Appendix B, Criterion
V, ``Instructions, Procedures, and Drawings,'' by failing to comply
with the Palisades corrective action program procedure. The NRC also
determined that Entergy violated 10 CFR part 50, Appendix B,
Criterion V, ``Instructions, Procedures, and Drawings,'' based on an
inadequate operability determination. In addition, the NRC found
that Entergy violated Technical Specifications (TS), Surveillance
Requirement (SR) 3.0.3 by not performing either a missed
surveillance test within 24 hours from identification or a risk
evaluation to complete the surveillance at a later time.
More specifically, on May 18, 2011, Palisades employees
initiated Condition Report (CR) PLP-2011-02491 when leakage from the
ceiling in the Palisades main control room was identified following
heavy rains in the area. Based on the evidence gathered during the
OI investigation, the NRC determined that four Palisades employees
willfully violated NRC requirements by failing to enter a condition
adverse to quality into Palisades' corrective action program, after
they either initiated or received emails that concluded with high
certainty that the SIRWT or associated piping was the source of the
leakage. Their actions caused Entergy to be in violation of 10 CFR
part 50, Appendix B, Criterion V, ``Instructions, Procedures, and
Drawings,'' and Procedure EN-LI-102, ``Corrective Action Process,''
Revision 16, which requires employees to promptly identify and
initiate CRs for conditions adverse to quality.
On June 2, 2011, Entergy performed a direct visual inspection of
the catacombs, an area directly above the control room and below the
SIRWT, to look for sources of leakage. As a result of the
inspection, Palisades identified an active flange leak on a 3-inch
SIRWT piping flange (CR PLP-2011-02738) and an active leak from the
catacombs ceiling (CR PLP-2011-02740). The NRC determined that
Entergy violated NRC requirements by failing to perform an
operability determination for the catacombs ceiling leak.
Additionally, Entergy failed to perform an engineering evaluation
for the SIRWT when Palisades staff identified active boric acid
leakage from a safety injection flange with carbon steel bolts.
These failures caused Entergy to be in violation of 10 CFR part 50,
Appendix B, Criterion V, ``Instructions, Procedures, and Drawings,''
and Procedure EN-OP-104, ``Operability Determination Process,''
Revision 5, which required Entergy to assess operability when
degraded conditions affecting structures, systems, and components,
were identified.
The NRC also determined Entergy to be in violation of Palisades
TS, SR 3.0.3, which required it to either perform a missed
surveillance test within 24 hours or a risk
[[Page 32798]]
evaluation for any surveillance delayed greater than 24 hours.
Specifically, when Entergy identified surveillance procedure RT-71M,
the surveillance to conduct the American Society of Mechanical
Engineers inservice pressure test of the SIRWT and associated
piping, had not been performed within its required schedule, Entergy
failed to perform the test within 24 hours from identification or
perform a risk evaluation to complete the surveillance at a later
time.
Entergy accepted the NRC's offer of ADR to resolve differences
it had with the NRC over the results of the investigation and these
apparent violations. Alternative Dispute Resolution is a process in
which a neutral mediator with no decision-making authority assists
the parties in reaching an agreement on resolving any differences
regarding the dispute. On March 25, 2016, Entergy and the NRC met in
an ADR session mediated by a professional mediator, arranged through
Cornell University's Institute on Conflict Resolution.
Prior to the NRC's offer to engage in ADR, Entergy had already
taken several corrective actions, including (but not limited to):
(1) repair of the SIRWT; (2) waterproofing the concrete support
structure below the SIRWT nozzles; (3) changes to management and
other personnel at the station; (4) addressing safety culture by
training site personnel, increasing leadership communication of
safety culture expectations, and completing an independent third
party assessment of safety culture; and (5) implementing a Recovery
Plan at Palisades to strengthen safety culture, the corrective
action program, and leadership effectiveness.
III
During the ADR session, the NRC and Entergy reached a
preliminary settlement agreement. The NRC is issuing this
Confirmatory Order pursuant to the agreement reached during the ADR
process. The elements of the agreement, as signed by both parties,
consist of the following:
1. Entergy does not believe that any of the above violations
were committed willfully, but rather were the product of
deficiencies in the organizational safety culture that existed at
the time those violations occurred. The parties agreed to disagree
on the issue of willfulness.
2. Entergy will ensure site personnel understand lessons learned
from this matter:
2a. Within 180 days of the effective date of the Confirmatory
Order, Entergy will develop a case study with the participation of
key personnel in operations, chemistry, radiation protection, and
engineering, addressing lessons learned from the events that gave
rise to the Confirmatory Order. The case study will include
applicable safety culture traits, including the importance of
conservative decisionmaking; going forward in the face of
uncertainty; the need for nuclear personnel to demonstrate a
questioning attitude; and the threshold for initiating corrective
action documents, especially when dealing with indeterminate and/or
changing conditions.
2b. Within 180 days of the completion of item 2a., Entergy will
present the case study to the Palisades site leadership team (first-
line supervisors and above) during focused leadership training;
licensed and non-licensed operators during routine requalification
training; engineering personnel during routine Engineering Support
Personnel training; and chemistry, radiation protection, and
maintenance personnel during continuing training. This training will
include long-term contractor personnel who would normally attend.
2c. No later than December 31, 2017, the Entergy Safety Review
Committee, Oversight Subcommittee, will report to the Entergy Chief
Nuclear Officer on the effectiveness of the training in item 2b.
Upon completion of the report, Entergy will notify in writing the
Director, Division of Reactor Projects, NRC Region III, and make the
report available to the NRC for inspection.
3. Entergy will share lessons learned from this matter with
other reactor licensees:
3a. Within 180 days of completion of item 2a., Entergy will
present the lessons learned from the case study to the Entergy fleet
in Inside Entergy.
3b. Within 360 days of completion of item 2a., Entergy will
present the lessons learned from the case study at: (1) A Regional
Utility Group meeting in each of the NRC Regions that Entergy
operates; and (2) a suitable industry-wide forum such as the Nuclear
Energy Institute Licensing Forum.
3c. Entergy will notify in writing the Director, Division of
Reactor Projects, NRC Region III, at least 30 days prior to any
scheduled presentation under item 3b, and make the presentation
materials available for NRC review.
3d. No later than December 31, 2017, Entergy will affirm in
writing to the Director, Division of Reactor Projects, NRC Region
III, that the presentations in items 3a. and 3b. were conducted.
4. Within 360 days of the effective date of the Confirmatory
Order, Entergy will review Procedure EN-OP-104, ``Operability
Determination Process,'' and Procedure EN-LI-102, ``Corrective
Action Process,'' in light of the lessons learned from events
associated with leakage of the SIRWT and revise these procedures as
appropriate. In particular, the review will evaluate the adequacy of
those procedures to address indeterminate and/or changing
conditions. Upon completion of the procedure reviews and applicable
revisions, Entergy will notify in writing the Director, Division of
Reactor Projects, NRC Region III, and make the procedures available
to the NRC for inspection.
5. Entergy will modify its current program of public outreach at
Palisades. The modifications will include, at a minimum:
5a. Ensuring key stakeholders, including Federal, State, and
local government officials, non-government organizations interested
in Palisades, and members of the local community, are invited to the
meetings.
5b. Ensuring the subject of each meeting includes plant safety
and operations.
5c. Ensuring the format of the meeting permits the audience to
raise questions, such as in a town hall environment.
5d. Ensuring at least one meeting is held no later than December
31, 2016, which will address the events that led to this
Confirmatory Order.
5e. Ensuring at least two meetings are held per calendar year in
2017 and 2018.
In exchange for Entergy fulfilling its commitments under this
Confirmatory Order, and for the corrective actions Entergy has
already taken, the NRC agreed to the following conditions:
1. The NRC will consider this Confirmatory Order as an escalated
enforcement action for a period of one year from its effective date.
2. The NRC will refrain from issuing a Notice of Violation and
proposing a civil penalty for the apparent violations described in
the NRC letter to Entergy dated February 22, 2016.
On May 5, 2016, Entergy consented to issuing this Confirmatory
Order with the commitments described in Section V. Entergy further
agreed that this Confirmatory Order is to be effective 30 calendar
days after issuance and waived its right to a hearing on the
Confirmatory Order.
IV
Since the Entergy agrees to take additional actions to address
NRC concerns, as set forth in Section III above, the NRC concludes
that its concerns can be resolved through issuance of this
Confirmatory Order.
I find that Entergy's commitments set forth in Section V are
acceptable and necessary, and I 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 based on Entergy's consent, this Confirmatory
Order is effective 30 calendar days after issuance.
V
Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182,
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, and 10 CFR part 50, IT IS
HEREBY ORDERED THAT:
1. Entergy will ensure site personnel understand lessons learned
from this matter:
1a. Within 180 days of the effective date of the Confirmatory
Order, Entergy will develop a case study with the participation of
key personnel in operations, chemistry, radiation protection, and
engineering, addressing lessons learned from the events that gave
rise to the Confirmatory Order. The case study will include
applicable safety culture traits, including the importance of
conservative decisionmaking; going forward in the face of
uncertainty; the need for nuclear personnel to demonstrate a
questioning attitude; and the threshold for initiating corrective
action documents, especially when dealing with indeterminate and/or
changing conditions.
1b. Within 180 days of the completion of item 1a., Entergy will
present the case study to the Palisades site leadership team (first-
line supervisors and above) during focused leadership training;
licensed and non-licensed operators during routine requalification
training; engineering personnel during routine Engineering Support
Personnel training; and chemistry, radiation protection, and
maintenance personnel during continuing training. This training will
include long-term contractor personnel who would normally attend.
[[Page 32799]]
1c. No later than December 31, 2017, the Entergy Safety Review
Committee, Oversight Subcommittee, will report to the Entergy Chief
Nuclear Officer on the effectiveness of the training in item 1b.
Upon completion of the report, Entergy will notify in writing the
Director, Division of Reactor Projects, NRC Region III, and make the
report available to the NRC for inspection.
2. Entergy will share lessons learned from this matter with
other reactor licensees:
2a. Within 180 days of completion of item 1a., Entergy will
present the lessons learned from the case study to the Entergy fleet
in Inside Entergy.
2b. Within 360 days of completion of item 1a., Entergy will
present the lessons learned from the case study at: (1) A Regional
Utility Group meeting in each of the NRC Regions that Entergy
operates; and (2) a suitable industry-wide forum such as the Nuclear
Energy Institute Licensing Forum.
2c. Entergy will notify in writing the Director, Division of
Reactor Projects, NRC Region III, at least 30 days prior to any
scheduled presentation under item 2b. and make the presentation
materials available for NRC review.
2d. No later than December 31, 2017, Entergy will affirm in
writing to the Director, Division of Reactor Projects, NRC Region
III, that the presentations in items 2a. and 2b. were conducted.
3. Within 360 days of the effective date of the Confirmatory
Order, Entergy will review Procedure EN-OP-104, ``Operability
Determination Process,'' and Procedure EN-LI-102, ``Corrective
Action Process,'' in light of the lessons learned from events
associated with leakage of the SIRWT and revise these procedures as
appropriate. In particular, the review will evaluate the adequacy of
those procedures to address indeterminate and/or changing
conditions. Upon completion of the procedure reviews and applicable
revisions, Entergy will notify in writing the Director, Division of
Reactor Projects, NRC Region III, and make the procedures available
to the NRC for inspection.
4. Entergy will modify its current program of public outreach at
Palisades. The modifications will include, at a minimum:
4a. Ensuring key stakeholders, including Federal, State, and
local government officials, non-government organizations interested
in Palisades, and members of the local community are invited to the
meetings.
4b. Ensuring the subject of each meeting includes plant safety
and operations.
4c. Ensuring the format of the meetings permits the audience to
raise questions, such as in a town hall environment.
4d. Ensuring at least one meeting is held no later than December
31, 2016, which will address the events that led to this
Confirmatory Order.
4e. Ensuring at least two meetings are held per calendar year in
2017 and 2018.
5. The conditions of this order are binding upon the successors
and assigns of Entergy.
The Regional Administrator, Region III, may, in writing, relax
or rescind any of the above conditions upon demonstration by the
Licensee of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Entergy may request a hearing within 30 days of the issuance
date of this Confirmatory Order. Where good cause is shown,
consideration will be given to extending the time to request a
hearing. A request for extension of time must be directed to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
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's E-Filing rule
(72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3,
2012 (codified in pertinent part at 10 CFR part 2, subpart C). The
E-Filing process requires participants to submit and serve all
adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1)
request a digital identification (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.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
System (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 through the EIE.
Submissions should be in Portable Document Format (PDF) in
accordance with NRC guidance available on the NRC's 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 (ET) on the due date. Upon receipt of a transmission, the E-
Filing system time-stamps the document and sends the submitter an
email notice confirming receipt of the document. The E-Filing system
also distributes an email notice that provides access to the
document to the NRC's Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, any others
who wish to participate in the proceeding (or their counsel or
representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the NRC'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's Web
site at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8:00 a.m. and 8:00
p.m., ET, 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 a
[[Page 32800]]
request for exemption 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
the NRC's electronic hearing docket, which is available to the
public at https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an
order of the Commission or the presiding officer. Participants are
requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in
their filings, unless an NRC regulation or other law requires
submission of such information. However, in some instances, a
request to intervene will require including information on local
residence in order to demonstrate a proximity assertion of interest
in the proceeding. With respect to copyrighted works, participants
are requested not to include copyrighted materials in their
submission, except for limited excerpts that serve the purpose of
the adjudicatory filings and would constitute a Fair Use
application.
If a person other than the Licensee requests a hearing, that
person shall set forth with particularity the manner in which his
interest is adversely affected by this Confirmatory Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is
adversely affected, the Commission will issue a separate Order
designating the time and place of any hearings, as appropriate. If a
hearing is held, the issue to be considered at such hearing shall be
whether this Confirmatory Order should be sustained.
In the absence of any request for hearing, or written approval
of an extension of time in which to request a hearing, the
provisions specified in Section V above shall be final 30 days after
issuance of the Confirmatory Order without further order or
proceedings. If an extension of time for requesting a hearing has
been approved, the provisions specified in Section V shall be final
when the extension expires if a hearing request has not been
received.
Dated at Lisle, Illinois this 16 day of May, 2016.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
ALL POWER REACTOR LICENSEES OWNED AND OPERATED BY ENTERGY NUCLEAR
OPERATIONS, INC.; ENTERGY OPERATIONS, INC.; AND ENTERGY NUCLEAR
GENERATION COMPANY
Arkansas Nuclear One. Units 1 and 2
Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6
Mr. Jeremy Browning, Site Vice President
Arkansas Nuclear One Entergy Operations, Inc.
1448 SR 333
Russellville, AR 72802-0967
Grand Gulf Nuclear Station
Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29
Mr. Kevin Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150
Indian Point Nuclear Generating, Units 2 and 3
Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64
Mr. Larry Coyle, Site Vice President
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
Buchanan, NY 10511-0249
James A FitzPatrick Nuclear Power Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-333
License No. DPR-59
Mr. Brian Sullivan, Site Vice President
Entergy Nuclear Operations, Inc.
James A FitzPatrick Nuclear Power Plant
P.O. Box 110
Lycoming, NY 13093
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20
Mr. Anthony Vitale, Vice President, Operations
Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant
27780 Blue Star Memorial Highway
Covert, Ml 49043
Pilgrim Nuclear Power Station
Entergy Nuclear Generation Company
Docket No. 50-293
License No. DPR-35
Mr. John Dent, Site Vice President
Entergy Nuclear Operations Inc.
Pilgrim Nuclear Power Station
600 Rocky Hill Road
Plymouth, MA 02360-5508
River Bend Station
Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47
Mr. Eric W. Olson, Site Vice President
Entergy Operations, Inc.
River Bend Station
5485 US Highway 61 N
St. Francisville, LA 70775
Vermont Yankee Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50-271
License No. DPR-28
Mr. Christopher Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
P. O. Box 250
Vernon, VT 05354
Waterford Steam Electric Station. Unit 3
Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38
Mr. Michael R. Chisum, Site Vice President
Entergy Operations, Inc.
Waterford Steam Electric Station
17265 River Road
Killona, LA 70057-0751
[FR Doc. 2016-12193 Filed 5-23-16; 8:45 am]
BILLING CODE 7590-01-P