In the Matter of Entergy Nuclear Operations, Inc. and Entergy Operations, Inc.; Arkansas Nuclear One, Grand Gulf Nuclear Station, Indian Point Energy Center, Palisades Nuclear Plant, Pilgrim Nuclear Power Station, River Bend Station, and Waterford Steam Electric Station, Unit 3, 14520-14524 [2018-06819]
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HISTORY:
75 FR 41539 (July 16, 2010).
By the National Credit Union
Administration Board on March 30, 2018.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2018–06879 Filed 4–3–18; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–313, 50–368, 50–416, 50–
247, 50–286, 50–255, 50–293, 50–458, and
50–382; License Nos. DRP–51, NPF–6, NPF–
29, DPR–26, DPR–64, DPR–20, DPR–35,
NPF–47, and NPF–38; EA–17–132 and EA–
17–153; NRC–2018–0065]
In the Matter of Entergy Nuclear
Operations, Inc. and Entergy
Operations, Inc.; Arkansas Nuclear
One, Grand Gulf Nuclear Station,
Indian Point Energy Center, Palisades
Nuclear Plant, Pilgrim Nuclear Power
Station, River Bend Station, and
Waterford Steam Electric Station, Unit
3
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
Confirmatory Order to Entergy (Entergy
Nuclear Operations, Inc., and Entergy
Operations, Inc.) as a result of a
successful alternative dispute resolution
mediation session. The commitments
were made as part of a settlement
agreement between Entergy and the U.S.
Nuclear Regulatory Commission (NRC)
subject to the satisfactory completion of
the additional actions Entergy
committed to take, as described in the
SUMMARY:
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Confirmatory Order. The NRC will not
issue a Notice of Violation and will not
issue an associated civil penalty for the
apparent violations.
DATES: The order was issued on March
8, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2018–0065 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0065. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@nrc.gov. For
technical questions, contact the
individuals 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
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: G.
Michael Vasquez, Region IV, telephone:
817–200–1182; email Michael.Vasquez@
nrc.gov and John Kramer, Region IV,
telephone: 817–200–1121; email
John.Kramer@nrc.gov. Both are staff of
the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
The text of the Order is attached.
Dated at Arlington, Texas, this 29th day of
March 2018.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator, Region IV.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Power Reactor Facilities
Owned and Operated by Entergy Nuclear
Operations, Inc. and Entergy Operations, Inc.
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Docket Nos. (Attachment 1)
License Nos. (Attachment 1)
EA–17–132
EA–17–153
CONFIRMATORY ORDER MODIFYING
LICENSE (EFFECTIVE UPON ISSUANCE)
I
The licensees identified in Attachment 1 to
this Confirmatory Order hold licenses issued
by the U.S. Nuclear Regulatory Commission
(NRC or Commission) authorizing operation
of nuclear power plants in accordance with
the Atomic Energy Act of 1954, as amended,
and Part 50 of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Domestic Licensing of
Production and Utilization Facilities.’’
The term ‘‘Entergy fleet’’ or ‘‘fleet’’ refers
to all nuclear power plants identified in
Attachment 1 to this Confirmatory Order.
The term ‘‘Entergy’’ refers to the following
licensees: Entergy Operations, Inc. and
Entergy Nuclear Operations, Inc. The term
‘‘willful violations’’ as defined in the NRC
Enforcement Policy encompasses conduct
involving either a careless disregard for
requirements or a deliberate violation of
requirements or falsification of information.
This Confirmatory Order is the result of a
preliminary settlement agreement reached
during an alternative dispute resolution
(ADR) mediation session conducted on
February 6, 2018.
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II
On November 5, 2015, the NRC’s Office of
Investigations (OI), Region IV Field Office,
opened an investigation (OI Case 4–2016–
004) at Entergy’s Grand Gulf Nuclear Station
to determine whether an examination proctor
willfully compromised examinations by
providing inappropriate assistance to
trainees. On July 21, 2017, the investigation
was completed. On March 6, 2017, OI opened
an investigation (OI Case 4–2017–021) at
Entergy’s Grand Gulf Nuclear Station to
determine whether nonlicensed operators
willfully failed to tour all required areas of
their watch station and willfully entered
inaccurate information into the operator logs.
On August 25, 2017, the investigation was
completed.
Based on the results of the investigations,
the NRC identified a total of three apparent
violations that were being considered for
escalated enforcement action in accordance
with the NRC Enforcement Policy, which
were documented in NRC letter dated
November 20, 2017 (NRC Inspection Report
05000416/2017014). The apparent violations
included: (1) a failure to meet 10 CFR 50.120,
‘‘Training and qualification of nuclear power
plant personnel,’’ between January and
September 2015, in that, an examination
proctor inappropriately provided assistance
on general employee training examinations to
non-utility (contractor) personnel; (2) a
failure to meet 10 CFR part 50, Appendix B,
Criterion V, ‘‘Instructions, Procedures, and
Drawings,’’ between February and December
2016, in that, three nonlicensed operators
failed to tour all required areas of their watch
station; and (3) a failure to meet 10 CFR 50.9,
‘‘Completeness and accuracy of information,’’
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between February and December 2016, in
that, three nonlicensed operators created
inaccurate documents, which indicated that
their rounds had been performed when they
had not been completed.
By letter dated November 20, 2017, the
NRC notified Entergy of the results of the
investigation, informed Entergy that
escalated enforcement action was being
considered for the apparent violations, and
offered Entergy the opportunity to attend a
predecisional enforcement conference or to
participate in an ADR mediation session in
an effort to resolve the concerns.
In response to the NRC’s offer, Entergy
requested the use of the NRC’s ADR process
to resolve the concerns. On February 6, 2018,
the NRC and Entergy met in an ADR session
mediated by a professional mediator arranged
through the Cornell University Scheinman
Institute on Conflict Resolution. The ADR
process is one in which a neutral mediator,
with no decision-making authority, assists
the parties in reaching an agreement on
resolving any differences regarding the
dispute. This Confirmatory Order is issued
pursuant to the agreement reached during the
ADR process.
III
During the ADR session held on February
6, 2018, Entergy and the NRC reached a
preliminary settlement agreement. The
elements of the agreement include the
following:
Violations
A. The NRC has concluded that deliberate
violations of 10 CFR 50.120 occurred at
Grand Gulf Nuclear Station between January
and September 2015, when general employee
training examinations provided to non-utility
(contractor) personnel were inappropriately
proctored. In addition, the NRC has
concluded that deliberate violations of 10
CFR part 50, Appendix B, Criterion V, and
10 CFR 50.9 occurred between February and
December 2016 when three nonlicensed
operators failed to tour all required areas of
their watchstation and falsified the rounds
for their assigned area. Entergy agrees with
this conclusion.
Communications with Site Workers
B. Within 1 month of the issuance date of
the Confirmatory Order, a licensee senior
executive at each Entergy site and the
corporate nuclear headquarters will
communicate with workers the
circumstances leading to this Confirmatory
Order, that willful violations will not be
tolerated, and, as a result, Entergy will be
undertaking efforts to confirm whether others
are engaging in such conduct at any of its
sites. The communication will stress the
importance of procedural adherence,
ensuring that documents are complete and
accurate, and of potential consequences for
engaging in willful violations. This message
will be balanced with the recognition that
people do make mistakes and when that
happens the mistake will be identified and
documented.
C. Entergy will conduct semi-annual
communications with workers in the Entergy
fleet reemphasizing its intolerance of willful
misconduct and updating the workforce on
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Sfmt 4703
14521
the status of compliance with this
Confirmatory Order until December 31, 2019.
Starting in 2020, Entergy will conduct annual
training emphasizing its intolerance of
willful misconduct.
Causal Evaluation of Previous Corrective
Actions to Deter Willful Violations
D. Within 6 months of the issuance date of
the Confirmatory Order, Entergy will perform
a causal evaluation, informed by site
evaluations, to determine why prior fleetwide corrective actions from Confirmatory
Orders and other willful violations issued
after January 1, 2009, were not fully
successful in preventing or minimizing
instances of willful misconduct across the
fleet. The causal evaluation will include the
following elements:
1. Problem identification;
2. Root cause, extent of condition
(including an assessment of work groups that
perform NRC-regulated activities to
determine whether those workers are
engaging in willful misconduct), and extent
of cause evaluation;
3. Corrective actions, with time frame for
their completion; and
4. Safety culture attributes.
E. Entergy will identify specific criteria
necessary to perform annual effectiveness
reviews of the corrective actions. The annual
effectiveness reviews will include insights
from fleet and individual site performance.
Entergy will perform annual effectiveness
reviews for 3 years. Entergy will modify its
corrective actions, as needed, based on the
results of the annual effectiveness reviews.
F. For the Grand Gulf Nuclear Station, the
evaluation described in Element D will
address the three violations which are the
subject of this ADR mediation session (refer
to the NRC’s letter dated November 20, 2017).
G. Corrective actions identified as a result
of the above evaluations will be implemented
within 18 months of completion of the
evaluation unless they involve a plant
modification.
Organizational Health Survey
H. Within 12 months of the issuance date
of the Confirmatory Order, the Grand Gulf
Nuclear Station, as well as all Entergy fleet
sites, will conduct an organizational health
survey developed by a third–party and
designed, in part, to identify safety culture
concerns that could contribute to willful
misconduct.
I. A second organizational health survey
will be conducted within 18 months of
completion of the survey in Element H.
J. If safety culture concerns are identified
through the survey, Entergy will initiate
corrective actions to mitigate the likelihood
of willful misconduct occurring.
Notifications to the NRC When Actions Are
Completed
K. Within 1 month of completion of
Element D, Entergy will submit written
notification to the appropriate Regional
Administrators.
L. By December 31 of each calendar year
from 2018 through 2020, Entergy will
provide in writing to the appropriate
Regional Administrators a summary of the
actions implemented across the fleet as a
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result of this Confirmatory Order and the
results of any effectiveness reviews
performed.
M. Upon completion, Entergy will submit
in writing to the Region IV Regional
Administrator its basis for concluding that
the terms of the Confirmatory Order have
been completed.
NRC Considerations for Future Enforcement
Action
N. This Confirmatory Order does not affect
other potential future escalated enforcement
actions, including ongoing investigations by
the NRC’s Office of Investigations. However,
as part of its deliberations and consistent
with the philosophy of the Enforcement
Policy, Section 3.3, ‘‘Violations Identified
Because of Previous Enforcement Action,’’
the NRC will consider enforcement
discretion for violations with similar root
causes that occur prior to or during
implementation of the corrective actions
specified in the Confirmatory Order.
Administrative Items
O. The NRC and Entergy agree that the
above elements will be incorporated into a
Confirmatory Order.
P. The NRC will consider the Confirmatory
Order an escalated enforcement action with
respect to any future enforcement actions.
Q. In consideration of the elements
delineated above, the NRC agrees not to issue
a Notice of Violation for the violations
discussed in NRC Inspection Report
05000416/2017014 and NRC Investigation
Reports 4–2016–004 and 4–2017–021 dated
November 20, 2017, (EA–17–132 and EA–17–
153) and not to issue an associated civil
penalty.
R. The press release will acknowledge that
Entergy Operations, Inc., identified the
willful violations that are the subject of this
Confirmatory Order.
S. This agreement is binding upon
successors and assigns of Entergy.
On March 6, 2018, Entergy consented to
issuing this Confirmatory Order with the
commitments, as described in Section V
below. Entergy further agreed that this
Confirmatory Order is to be effective upon
issuance, the agreement memorialized in this
Confirmatory Order settles the matter
between the parties, and that it has waived
its right to a hearing.
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IV
Because the licensee has agreed to take
additional actions to address NRC concerns,
as set forth in Section III above, the NRC has
concluded that its concerns can be resolved
through issuance of this Confirmatory Order.
I find that Entergy’s commitments as set
forth in Section V are acceptable and
necessary, and conclude that with these
commitments the public health and safety are
reasonably assured. In view of the foregoing,
I have determined that public health and
safety require that Entergy’s commitments be
confirmed by this Confirmatory Order. Based
on the above and Entergy’s consent, this
Confirmatory Order is effective upon
issuance.
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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 LICENSE NOS. DRP–51;
NPF–6, NPF–29, DPR–26, DPR–64, DPR–20,
DPR–35, NPF–47 and NPF–38 ARE
MODIFIED AS FOLLOWS:
Communications with Site Workers
A. Within 1 month of the issuance date of
the Confirmatory Order, a licensee senior
executive at each Entergy site and the
corporate nuclear headquarters will
communicate with workers the
circumstances leading to this Confirmatory
Order, that willful violations will not be
tolerated, and, as a result, Entergy will be
undertaking efforts to confirm whether others
are engaging in such conduct at any of its
sites. The communication will stress the
importance of procedural adherence,
ensuring that documents are complete and
accurate, and of potential consequences for
engaging in willful violations. This message
will be balanced with the recognition that
people do make mistakes and when that
happens, it is Entergy’s expectation that its
employees and contractors will identify and
document issues accordingly.
B. Within 6 months of the completion of
Element A, Entergy will conduct semi-annual
communications with workers in the Entergy
fleet reemphasizing its intolerance of willful
misconduct and updating the workforce on
the status of compliance with this
Confirmatory Order until December 31, 2019.
Starting in 2020, Entergy will conduct annual
training emphasizing its intolerance of
willful misconduct.
Causal Evaluation of Previous Corrective
Actions to Deter Willful Violations
C. Within 6 months of the issuance date of
the Confirmatory Order, Entergy will perform
a causal evaluation, informed by site
evaluations, to determine why prior fleetwide corrective actions from Confirmatory
Orders and other willful violations issued
after January 1, 2009, were not fully
successful in preventing or minimizing
instances of willful misconduct across the
fleet. The causal evaluation will include the
following elements:
1. Problem identification;
2. Root cause, extent of condition
(including an assessment of work groups that
perform NRC regulated activities to
determine whether those workers are
engaging in willful misconduct), and extent
of cause evaluation;
3. Corrective actions, with time frame for
their completion; and
4. Safety culture attributes.
D. Entergy will identify specific criteria
necessary to perform annual effectiveness
reviews of the corrective actions. The annual
effectiveness reviews will include insights
from fleet and individual site performance.
Entergy will perform annual effectiveness
reviews for 3 years. Entergy will modify its
corrective actions, as needed, based on the
results of the annual effectiveness reviews.
E. For the Grand Gulf Nuclear Station, the
evaluation described in Element C will
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Sfmt 4703
address the three violations that are the
subject of this ADR mediation session (refer
to the NRC’s letter dated November 20, 2017).
F. Corrective actions identified as a result
of the above evaluations will be implemented
within 18 months of completion of the
evaluation unless they involve a plant
modification.
Organizational Health Survey
G. Within 12 months of the issuance date
of the Confirmatory Order, the Grand Gulf
Nuclear Station, as well as all Entergy fleet
sites, will conduct an organizational health
survey developed by a third–party and
designed, in part, to identify safety culture
concerns that could contribute to willful
misconduct.
H. A second organizational health survey
will be conducted within 18 months of
completion of the survey in Element G.
I. If safety culture concerns are identified
through the survey, Entergy will document
and initiate corrective actions within 2
months of the concern identification to
mitigate the likelihood of willful misconduct
occurring.
Notifications to the NRC When Actions Are
Completed
J. Within 1 month of completion of
Element C, Entergy will submit written
notification to the appropriate Regional
Administrators.
K. By December 31 of each calendar year
from 2018 through 2020, Entergy will
provide in writing to the appropriate
Regional Administrators a summary of the
actions implemented across the fleet as a
result of this Confirmatory Order and the
results of any effectiveness reviews
performed.
L. Upon completion, Entergy will submit
in writing to the Region IV Regional
Administrator its basis for concluding that
the terms of the Confirmatory Order have
been completed.
NRC Considerations for Future Enforcement
Action
This Confirmatory Order does not affect
other potential future escalated enforcement
actions, including ongoing investigations by
the NRC’s Office of Investigations. However,
as part of its deliberations and consistent
with the tenets of the Enforcement Policy,
Section 3.3, ‘‘Violations Identified Because of
Previous Enforcement Action,’’ the NRC will
consider enforcement discretion for
violations that meet the criteria for discretion
under Section 3.3 of the Enforcement Policy.
Administrative Items
This agreement is binding upon successors
and assigns of Entergy. The NRC will
consider the Confirmatory Order an escalated
enforcement action with respect to any future
enforcement actions at the Grand Gulf
Nuclear Station only. The Regional
Administrator, Region IV, may, in writing,
relax or rescind any of the above conditions
upon demonstration by Entergy of good
cause.
VI
In accordance with 10 CFR 2.202 and 10
CFR 2.309, any person adversely affected by
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this Confirmatory Order, other than Entergy,
may request a hearing within 30 days of the
issuance date of this Confirmatory Order.
Where good cause is shown, consideration
will be given to extending the time to request
a hearing. A request for extension of time
must be directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, and
include a statement of good cause for the
extension.
All documents filed in NRC adjudicatory
proceedings, including a request for hearing,
a petition for leave to intervene, any motion
or other document filed in the proceeding
prior to the submission of a request for
hearing or petition to intervene (hereinafter
‘‘petition’’), 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 at 77
FR 46562, August 3, 2012). 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 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 (1) request a
digital identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign submissions
and access the E-Filing system for any
proceeding in which it is participating; and
(2) advise the Secretary that the participant
will be submitting a petition or other
adjudicatory document (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 the NRC’s public
Web site at https://www.nrc.gov/site-help/esubmittals/getting-started.html. Once a
participant has obtained a digital ID
certificate and a docket has been created, the
participant can then submit adjudicatory
documents. Submissions must be in Portable
Document Format (PDF). Additional
guidance on PDF submissions is available on
the NRC’s public Web site at https://
www.nrc.gov/site-help/electronic-sub-refmat.html. A filing is considered complete at
the time the document is submitted through
the NRC’s E-filing system. To be timely, an
electronic filing must be submitted to the EFiling system no later than 11:59 p.m.
Eastern Time on the due date. Upon receipt
of a transmission, the E-Filing system timestamps the document and sends the
submitter an e-mail 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
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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 document on those
participants separately. Therefore, applicants
and other participants (or their counsel or
representative) must apply for and receive a
digital ID certificate before adjudicatory
documents are filed so that they can obtain
access to the documents via the E-Filing
system.
A person filing electronically using the
NRC’s adjudicatory E-Filing system may seek
assistance by contacting the NRC’s Electronic
Filing Help Desk through the ‘‘Contact Us’’
link located on the NRC’s Public Web site at
https://www.nrc.gov/site-help/esubmittals.html, by e-mail to
MSHD.Resource@nrc.gov, or by a toll-free
call at 1–866–672–7640. The NRC Electronic
Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through
Friday, excluding government holidays.
Participants who believe that they have
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 stating why
there is good cause for not filing
electronically and 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, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory documents
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 the NRC’s
electronic hearing docket which is available
to the public at https://adams.nrc.gov/ehd,
unless excluded pursuant to an Order of the
Commission or the presiding officer. If you
do not have an NRC-issued digital ID
certificate as described above, click ‘‘Cancel’’
when the link requests certificates and you
will be automatically directed to the NRC’s
electronic hearing dockets where you will be
able to access any publicly available
documents in a particular hearing docket.
Participants are requested not to include
personal privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such information. For
example, in some instances, individuals
provide home addresses in order to
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
14523
demonstrate proximity to a facility or site.
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.
The Commission will issue a notice or
order granting or denying a hearing request
or intervention petition, designating the
issues for any hearing that will be held and
designating the Presiding Officer. A notice
granting a hearing will be published in the
Federal Register and served on the parties to
the hearing.
If a person (other than Entergy) requests a
hearing, that person shall set forth with
particularity the manner in which his interest
is adversely affected by this Confirmatory
Order and shall address the criteria set forth
in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose
interest is adversely affected, the
Commission will issue an order designating
the time and place of any hearings. 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 from the date of this Confirmatory Order
without further order or proceedings. If an
extension of time for requesting a hearing has
been approved, the provisions specified in
Section V shall be final when the extension
expires if a hearing request has not been
received.
For the Nuclear Regulatory Commission
Kriss M. Kennedy
Regional Administrator
NRC Region IV
Dated this 8th day of March 2018
POWER REACTOR FACILITIES OWNED
AND OPERATED BY ENTERGY NUCLEAR
OPERATIONS, INC. AND ENTERGY
OPERATIONS, INC.
Arkansas Nuclear One, Units 1 and 2
Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6
Mr. Richard L. Anderson, Site Vice President
Arkansas Nuclear One
Entergy Operations, Inc.
N-TSB-58
1448 S.R. 333
Russellville, AR 72802-0967
Grand Gulf Nuclear Station
Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29
Mr. Eric Larson, Site Vice President
Grand Gulf Nuclear Station
Entergy Operations, Inc.
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
E:\FR\FM\04APN1.SGM
04APN1
14524
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices
Mr. Anthony Vitale, Site Vice President
Indian Point Energy Center
Entergy Nuclear Operations, Inc.
450 Broadway, General Services Building
P.O. Box 249
Buchanan, NY 10511-0249
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20
Mr. Charles Arnone, Vice President,
Operations
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
27780 Blue Star Memorial Highway
Covert, MI 49043-9530
Pilgrim Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50-293
License No. DPR-35
Mr. Brian Sullivan, Site Vice President
Pilgrim Nuclear Power Station
Entergy Nuclear Operations, Inc.
600 Rocky Hill Road
Plymouth, MA 02360-5508
River Bend Station
Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47
Mr. William F. Maguire, Site Vice President
River Bend Station
Entergy Operations, Inc.
5485 U.S. Highway 61N
St. Francisville, LA 70775
Waterford Steam Electric Station, Unit 3
Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38
Mr. John Dinelli, Site Vice President
Waterford Steam Electric Station, Unit 3
Entergy Operations, Inc.
17265 River Road
Killona, LA 70057-0751
[FR Doc. 2018–06819 Filed 4–3–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–275 and 50–323; NRC–
2014–0260]
Pacific Gas and Electric Company;
Diablo Canyon Power Plant, Units 1
and 2
Nuclear Regulatory
Commission.
ACTION: License amendment application;
withdrawal by applicant.
amozie on DSK30RV082PROD with NOTICES
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has granted the
request of Pacific Gas and Electric
Company to withdraw its application
dated November 25, 2013, as
supplemented by letters dated February
5 and May 28, 2015, and July 7 and
October 27, 2016, for proposed
SUMMARY:
VerDate Sep<11>2014
18:12 Apr 03, 2018
Jkt 244001
amendments to Facility Operating
License Nos. DPR–80 and DPR–82. The
proposed amendments would have
modified the facility technical
specifications (TSs) to permit the use of
Risk-Informed Completion Times
(RICTs) in accordance with Technical
Specifications Task Force (TSTF)
Traveler TSTF–505, Revision 1,
‘‘Provide Risk-Informed Extended
Completion Times—RITSTF [RiskInformed TSTF] Initiative 4b.’’
DATES: April 4, 2018.
ADDRESSES: Please refer to Docket ID
NRC–2014–0260 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0260. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@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
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:
Balwant K. Singal, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–3016,
email: Balwant.Singal@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
has granted the request of Pacific Gas
and Electric Company (the licensee) to
withdraw its November 25, 2013,
application (ADAMS Accession No.
ML13330A557) for proposed
amendments to Facility Operating
License Nos. DPR–80 and DPR–82 for
the Diablo Canyon Power Plant, Units 1
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
and 2, located in San Luis Obispo
County, California.
The proposed amendments would
have modified the Diablo Canyon Power
Plant TSs to permit the use of RICTs in
accordance with TSTF–505, Revision 1
(ADAMS Accession No. ML111650552).
The proposed amendments would have,
in part, modified selected required
actions to permit excluding the
completion times in accordance with a
new TS-required RICT program.
The Commission has previously
issued a proposed finding that the
amendments involve no significant
hazards consideration, published in the
Federal Register on December 9, 2014
(79 FR 73111). The licensee provided
supplemental information by letters
dated February 5 and May 28, 2015, and
July 7 and October 27, 2016 (ADAMS
Accession Nos. ML15036A592,
ML15148A480, ML16189A282, and
ML16301A425, respectively). However,
the licensee requested to withdraw the
application on March 7, 2018 (ADAMS
Accession No. ML18066A938).
Dated at Rockville, Maryland, this 29th day
of March, 2018.
For the Nuclear Regulatory Commission.
Siva P. Lingam,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2018–06781 Filed 4–3–18; 8:45 am]
BILLING CODE 7590–01–P
PENSION BENEFIT GUARANTY
CORPORATION
Requests to Review Multiemployer
Plan Alternative Terms and Conditions
To Satisfy Withdrawal Liability
Pension Benefit Guaranty
Corporation.
ACTION: Policy statement.
AGENCY:
PBGC is issuing this policy
statement to provide insight to the
public on the information PBGC finds
helpful and factors PBGC considers in
reviewing multiemployer plan
proposals for alternative terms and
conditions to satisfy withdrawal
liability.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Daniel S. Liebman (liebman.daniel@
pbgc.gov), Assistant General Counsel for
Legal Policy, Office of the General
Counsel, at 202–326–4000, ext. 6510, or
Constance Markakis
(markakis.constance@pbgc.gov),
Assistant General Counsel for
Multiemployer Law and Policy, Office
of the General Counsel, at 202–326–
4000, ext. 6779; (TTY/TDD users may
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14520-14524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06819]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313, 50-368, 50-416, 50-247, 50-286, 50-255, 50-293,
50-458, and 50-382; License Nos. DRP-51, NPF-6, NPF-29, DPR-26, DPR-64,
DPR-20, DPR-35, NPF-47, and NPF-38; EA-17-132 and EA-17-153; NRC-2018-
0065]
In the Matter of Entergy Nuclear Operations, Inc. and Entergy
Operations, Inc.; Arkansas Nuclear One, Grand Gulf Nuclear Station,
Indian Point Energy Center, Palisades Nuclear Plant, Pilgrim Nuclear
Power Station, River Bend Station, and Waterford Steam Electric
Station, Unit 3
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
Confirmatory Order to Entergy (Entergy Nuclear Operations, Inc., and
Entergy Operations, Inc.) as a result of a successful alternative
dispute resolution mediation session. The commitments were made as part
of a settlement agreement between Entergy and the U.S. Nuclear
Regulatory Commission (NRC) subject to the satisfactory completion of
the additional actions Entergy committed to take, as described in the
Confirmatory Order. The NRC will not issue a Notice of Violation and
will not issue an associated civil penalty for the apparent violations.
DATES: The order was issued on March 8, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0065 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0065. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individuals 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 [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: G. Michael Vasquez, Region IV,
telephone: 817-200-1182; email [email protected] and John Kramer,
Region IV, telephone: 817-200-1121; email [email protected]. Both are
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
The text of the Order is attached.
Dated at Arlington, Texas, this 29th day of March 2018.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator, Region IV.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Power Reactor Facilities Owned and Operated by
Entergy Nuclear Operations, Inc. and Entergy Operations, Inc.
[[Page 14521]]
Docket Nos. (Attachment 1)
License Nos. (Attachment 1)
EA-17-132
EA-17-153
CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE)
I
The licensees identified in Attachment 1 to this Confirmatory
Order hold licenses issued by the U.S. Nuclear Regulatory Commission
(NRC or Commission) authorizing operation of nuclear power plants in
accordance with the Atomic Energy Act of 1954, as amended, and Part
50 of title 10 of the Code of Federal Regulations (10 CFR),
``Domestic Licensing of Production and Utilization Facilities.''
The term ``Entergy fleet'' or ``fleet'' refers to all nuclear
power plants identified in Attachment 1 to this Confirmatory Order.
The term ``Entergy'' refers to the following licensees: Entergy
Operations, Inc. and Entergy Nuclear Operations, Inc. The term
``willful violations'' as defined in the NRC Enforcement Policy
encompasses conduct involving either a careless disregard for
requirements or a deliberate violation of requirements or
falsification of information.
This Confirmatory Order is the result of a preliminary
settlement agreement reached during an alternative dispute
resolution (ADR) mediation session conducted on February 6, 2018.
II
On November 5, 2015, the NRC's Office of Investigations (OI),
Region IV Field Office, opened an investigation (OI Case 4-2016-004)
at Entergy's Grand Gulf Nuclear Station to determine whether an
examination proctor willfully compromised examinations by providing
inappropriate assistance to trainees. On July 21, 2017, the
investigation was completed. On March 6, 2017, OI opened an
investigation (OI Case 4-2017-021) at Entergy's Grand Gulf Nuclear
Station to determine whether nonlicensed operators willfully failed
to tour all required areas of their watch station and willfully
entered inaccurate information into the operator logs. On August 25,
2017, the investigation was completed.
Based on the results of the investigations, the NRC identified a
total of three apparent violations that were being considered for
escalated enforcement action in accordance with the NRC Enforcement
Policy, which were documented in NRC letter dated November 20, 2017
(NRC Inspection Report 05000416/2017014). The apparent violations
included: (1) a failure to meet 10 CFR 50.120, ``Training and
qualification of nuclear power plant personnel,'' between January
and September 2015, in that, an examination proctor inappropriately
provided assistance on general employee training examinations to
non-utility (contractor) personnel; (2) a failure to meet 10 CFR
part 50, Appendix B, Criterion V, ``Instructions, Procedures, and
Drawings,'' between February and December 2016, in that, three
nonlicensed operators failed to tour all required areas of their
watch station; and (3) a failure to meet 10 CFR 50.9, ``Completeness
and accuracy of information,'' between February and December 2016,
in that, three nonlicensed operators created inaccurate documents,
which indicated that their rounds had been performed when they had
not been completed.
By letter dated November 20, 2017, the NRC notified Entergy of
the results of the investigation, informed Entergy that escalated
enforcement action was being considered for the apparent violations,
and offered Entergy the opportunity to attend a predecisional
enforcement conference or to participate in an ADR mediation session
in an effort to resolve the concerns.
In response to the NRC's offer, Entergy requested the use of the
NRC's ADR process to resolve the concerns. On February 6, 2018, the
NRC and Entergy met in an ADR session mediated by a professional
mediator arranged through the Cornell University Scheinman Institute
on Conflict Resolution. The ADR process is one in which a neutral
mediator, with no decision-making authority, assists the parties in
reaching an agreement on resolving any differences regarding the
dispute. This Confirmatory Order is issued pursuant to the agreement
reached during the ADR process.
III
During the ADR session held on February 6, 2018, Entergy and the
NRC reached a preliminary settlement agreement. The elements of the
agreement include the following:
Violations
A. The NRC has concluded that deliberate violations of 10 CFR
50.120 occurred at Grand Gulf Nuclear Station between January and
September 2015, when general employee training examinations provided
to non-utility (contractor) personnel were inappropriately
proctored. In addition, the NRC has concluded that deliberate
violations of 10 CFR part 50, Appendix B, Criterion V, and 10 CFR
50.9 occurred between February and December 2016 when three
nonlicensed operators failed to tour all required areas of their
watchstation and falsified the rounds for their assigned area.
Entergy agrees with this conclusion.
Communications with Site Workers
B. Within 1 month of the issuance date of the Confirmatory
Order, a licensee senior executive at each Entergy site and the
corporate nuclear headquarters will communicate with workers the
circumstances leading to this Confirmatory Order, that willful
violations will not be tolerated, and, as a result, Entergy will be
undertaking efforts to confirm whether others are engaging in such
conduct at any of its sites. The communication will stress the
importance of procedural adherence, ensuring that documents are
complete and accurate, and of potential consequences for engaging in
willful violations. This message will be balanced with the
recognition that people do make mistakes and when that happens the
mistake will be identified and documented.
C. Entergy will conduct semi-annual communications with workers
in the Entergy fleet reemphasizing its intolerance of willful
misconduct and updating the workforce on the status of compliance
with this Confirmatory Order until December 31, 2019. Starting in
2020, Entergy will conduct annual training emphasizing its
intolerance of willful misconduct.
Causal Evaluation of Previous Corrective Actions to Deter Willful
Violations
D. Within 6 months of the issuance date of the Confirmatory
Order, Entergy will perform a causal evaluation, informed by site
evaluations, to determine why prior fleet-wide corrective actions
from Confirmatory Orders and other willful violations issued after
January 1, 2009, were not fully successful in preventing or
minimizing instances of willful misconduct across the fleet. The
causal evaluation will include the following elements:
1. Problem identification;
2. Root cause, extent of condition (including an assessment of
work groups that perform NRC-regulated activities to determine
whether those workers are engaging in willful misconduct), and
extent of cause evaluation;
3. Corrective actions, with time frame for their completion; and
4. Safety culture attributes.
E. Entergy will identify specific criteria necessary to perform
annual effectiveness reviews of the corrective actions. The annual
effectiveness reviews will include insights from fleet and
individual site performance. Entergy will perform annual
effectiveness reviews for 3 years. Entergy will modify its
corrective actions, as needed, based on the results of the annual
effectiveness reviews.
F. For the Grand Gulf Nuclear Station, the evaluation described
in Element D will address the three violations which are the subject
of this ADR mediation session (refer to the NRC's letter dated
November 20, 2017).
G. Corrective actions identified as a result of the above
evaluations will be implemented within 18 months of completion of
the evaluation unless they involve a plant modification.
Organizational Health Survey
H. Within 12 months of the issuance date of the Confirmatory
Order, the Grand Gulf Nuclear Station, as well as all Entergy fleet
sites, will conduct an organizational health survey developed by a
third-party and designed, in part, to identify safety culture
concerns that could contribute to willful misconduct.
I. A second organizational health survey will be conducted
within 18 months of completion of the survey in Element H.
J. If safety culture concerns are identified through the survey,
Entergy will initiate corrective actions to mitigate the likelihood
of willful misconduct occurring.
Notifications to the NRC When Actions Are Completed
K. Within 1 month of completion of Element D, Entergy will
submit written notification to the appropriate Regional
Administrators.
L. By December 31 of each calendar year from 2018 through 2020,
Entergy will provide in writing to the appropriate Regional
Administrators a summary of the actions implemented across the fleet
as a
[[Page 14522]]
result of this Confirmatory Order and the results of any
effectiveness reviews performed.
M. Upon completion, Entergy will submit in writing to the Region
IV Regional Administrator its basis for concluding that the terms of
the Confirmatory Order have been completed.
NRC Considerations for Future Enforcement Action
N. This Confirmatory Order does not affect other potential
future escalated enforcement actions, including ongoing
investigations by the NRC's Office of Investigations. However, as
part of its deliberations and consistent with the philosophy of the
Enforcement Policy, Section 3.3, ``Violations Identified Because of
Previous Enforcement Action,'' the NRC will consider enforcement
discretion for violations with similar root causes that occur prior
to or during implementation of the corrective actions specified in
the Confirmatory Order.
Administrative Items
O. The NRC and Entergy agree that the above elements will be
incorporated into a Confirmatory Order.
P. The NRC will consider the Confirmatory Order an escalated
enforcement action with respect to any future enforcement actions.
Q. In consideration of the elements delineated above, the NRC
agrees not to issue a Notice of Violation for the violations
discussed in NRC Inspection Report 05000416/2017014 and NRC
Investigation Reports 4-2016-004 and 4-2017-021 dated November 20,
2017, (EA-17-132 and EA-17-153) and not to issue an associated civil
penalty.
R. The press release will acknowledge that Entergy Operations,
Inc., identified the willful violations that are the subject of this
Confirmatory Order.
S. This agreement is binding upon successors and assigns of
Entergy.
On March 6, 2018, Entergy consented to issuing this Confirmatory
Order with the commitments, as described in Section V below. Entergy
further agreed that this Confirmatory Order is to be effective upon
issuance, the agreement memorialized in this Confirmatory Order
settles the matter between the parties, and that it has waived its
right to a hearing.
IV
Because the licensee has agreed to take additional actions to
address NRC concerns, as set forth in Section III above, the NRC has
concluded that its concerns can be resolved through issuance of this
Confirmatory Order.
I find that Entergy's commitments as set forth in Section V are
acceptable and necessary, and conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require
that Entergy's commitments be confirmed by this Confirmatory Order.
Based on the above and Entergy's consent, this Confirmatory Order is
effective upon 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 LICENSE NOS. DRP-51; NPF-6, NPF-29, DPR-26,
DPR-64, DPR-20, DPR-35, NPF-47 and NPF-38 ARE MODIFIED AS FOLLOWS:
Communications with Site Workers
A. Within 1 month of the issuance date of the Confirmatory
Order, a licensee senior executive at each Entergy site and the
corporate nuclear headquarters will communicate with workers the
circumstances leading to this Confirmatory Order, that willful
violations will not be tolerated, and, as a result, Entergy will be
undertaking efforts to confirm whether others are engaging in such
conduct at any of its sites. The communication will stress the
importance of procedural adherence, ensuring that documents are
complete and accurate, and of potential consequences for engaging in
willful violations. This message will be balanced with the
recognition that people do make mistakes and when that happens, it
is Entergy's expectation that its employees and contractors will
identify and document issues accordingly.
B. Within 6 months of the completion of Element A, Entergy will
conduct semi-annual communications with workers in the Entergy fleet
reemphasizing its intolerance of willful misconduct and updating the
workforce on the status of compliance with this Confirmatory Order
until December 31, 2019. Starting in 2020, Entergy will conduct
annual training emphasizing its intolerance of willful misconduct.
Causal Evaluation of Previous Corrective Actions to Deter Willful
Violations
C. Within 6 months of the issuance date of the Confirmatory
Order, Entergy will perform a causal evaluation, informed by site
evaluations, to determine why prior fleet-wide corrective actions
from Confirmatory Orders and other willful violations issued after
January 1, 2009, were not fully successful in preventing or
minimizing instances of willful misconduct across the fleet. The
causal evaluation will include the following elements:
1. Problem identification;
2. Root cause, extent of condition (including an assessment of
work groups that perform NRC regulated activities to determine
whether those workers are engaging in willful misconduct), and
extent of cause evaluation;
3. Corrective actions, with time frame for their completion; and
4. Safety culture attributes.
D. Entergy will identify specific criteria necessary to perform
annual effectiveness reviews of the corrective actions. The annual
effectiveness reviews will include insights from fleet and
individual site performance. Entergy will perform annual
effectiveness reviews for 3 years. Entergy will modify its
corrective actions, as needed, based on the results of the annual
effectiveness reviews.
E. For the Grand Gulf Nuclear Station, the evaluation described
in Element C will address the three violations that are the subject
of this ADR mediation session (refer to the NRC's letter dated
November 20, 2017).
F. Corrective actions identified as a result of the above
evaluations will be implemented within 18 months of completion of
the evaluation unless they involve a plant modification.
Organizational Health Survey
G. Within 12 months of the issuance date of the Confirmatory
Order, the Grand Gulf Nuclear Station, as well as all Entergy fleet
sites, will conduct an organizational health survey developed by a
third-party and designed, in part, to identify safety culture
concerns that could contribute to willful misconduct.
H. A second organizational health survey will be conducted
within 18 months of completion of the survey in Element G.
I. If safety culture concerns are identified through the survey,
Entergy will document and initiate corrective actions within 2
months of the concern identification to mitigate the likelihood of
willful misconduct occurring.
Notifications to the NRC When Actions Are Completed
J. Within 1 month of completion of Element C, Entergy will
submit written notification to the appropriate Regional
Administrators.
K. By December 31 of each calendar year from 2018 through 2020,
Entergy will provide in writing to the appropriate Regional
Administrators a summary of the actions implemented across the fleet
as a result of this Confirmatory Order and the results of any
effectiveness reviews performed.
L. Upon completion, Entergy will submit in writing to the Region
IV Regional Administrator its basis for concluding that the terms of
the Confirmatory Order have been completed.
NRC Considerations for Future Enforcement Action
This Confirmatory Order does not affect other potential future
escalated enforcement actions, including ongoing investigations by
the NRC's Office of Investigations. However, as part of its
deliberations and consistent with the tenets of the Enforcement
Policy, Section 3.3, ``Violations Identified Because of Previous
Enforcement Action,'' the NRC will consider enforcement discretion
for violations that meet the criteria for discretion under Section
3.3 of the Enforcement Policy.
Administrative Items
This agreement is binding upon successors and assigns of
Entergy. The NRC will consider the Confirmatory Order an escalated
enforcement action with respect to any future enforcement actions at
the Grand Gulf Nuclear Station only. The Regional Administrator,
Region IV, may, in writing, relax or rescind any of the above
conditions upon demonstration by Entergy of good cause.
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by
[[Page 14523]]
this Confirmatory Order, other than Entergy, may request a hearing
within 30 days of the issuance date of this Confirmatory Order.
Where good cause is shown, consideration will be given to extending
the time to request a hearing. A request for extension of time must
be directed to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, and include a statement
of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion
or other document filed in the proceeding prior to the submission of
a request for hearing or petition to intervene (hereinafter
``petition''), 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 at 77 FR 46562, August 3, 2012). 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
10 days prior to the filing deadline, the participant should contact
the Office of the Secretary by e-mail at [email protected], 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 submissions and
access the E-Filing system for any proceeding in which it is
participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has
obtained a digital ID certificate and a docket has been created, the
participant can then submit adjudicatory documents. Submissions must
be in Portable Document Format (PDF). Additional guidance on PDF
submissions is available on the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is
considered complete at the time the document is 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'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 document on those participants separately.
Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate
before adjudicatory documents are filed so that they can obtain
access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the
NRC's Public Web site at https://www.nrc.gov/site-help/e-submittals.html, by e-mail to [email protected], or by a toll-
free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is
available between 9 a.m. and 6 p.m., Eastern Time, Monday through
Friday, excluding government holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking
and Adjudications Staff.
Participants filing adjudicatory documents 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
the NRC's electronic hearing docket which is available to the public
at https://adams.nrc.gov/ehd, unless excluded pursuant to an Order
of the Commission or the presiding officer. If you do not have an
NRC-issued digital ID certificate as described above, click
``Cancel'' when the link requests certificates and you will be
automatically directed to the NRC's electronic hearing dockets where
you will be able to access any publicly available documents in a
particular hearing docket. Participants are requested not to include
personal privacy information, such as social security numbers, home
addresses, or personal phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. For
example, in some instances, individuals provide home addresses in
order to demonstrate proximity to a facility or site. 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.
The Commission will issue a notice or order granting or denying
a hearing request or intervention petition, designating the issues
for any hearing that will be held and designating the Presiding
Officer. A notice granting a hearing will be published in the
Federal Register and served on the parties to the hearing.
If a person (other than Entergy) requests a hearing, that person
shall set forth with particularity the manner in which his interest
is adversely affected by this Confirmatory Order and shall address
the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is
adversely affected, the Commission will issue an order designating
the time and place of any hearings. 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 from
the date of this Confirmatory Order without further order or
proceedings. If an extension of time for requesting a hearing has
been approved, the provisions specified in Section V shall be final
when the extension expires if a hearing request has not been
received.
For the Nuclear Regulatory Commission
Kriss M. Kennedy
Regional Administrator
NRC Region IV
Dated this 8th day of March 2018
POWER REACTOR FACILITIES OWNED AND OPERATED BY ENTERGY NUCLEAR
OPERATIONS, INC. AND ENTERGY OPERATIONS, INC.
Arkansas Nuclear One, Units 1 and 2
Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6
Mr. Richard L. Anderson, Site Vice President
Arkansas Nuclear One
Entergy Operations, Inc.
N-TSB-58
1448 S.R. 333
Russellville, AR 72802-0967
Grand Gulf Nuclear Station
Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29
Mr. Eric Larson, Site Vice President
Grand Gulf Nuclear Station
Entergy Operations, Inc.
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
[[Page 14524]]
Mr. Anthony Vitale, Site Vice President
Indian Point Energy Center
Entergy Nuclear Operations, Inc.
450 Broadway, General Services Building
P.O. Box 249
Buchanan, NY 10511-0249
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20
Mr. Charles Arnone, Vice President, Operations
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
27780 Blue Star Memorial Highway
Covert, MI 49043-9530
Pilgrim Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50-293
License No. DPR-35
Mr. Brian Sullivan, Site Vice President
Pilgrim Nuclear Power Station
Entergy Nuclear Operations, Inc.
600 Rocky Hill Road
Plymouth, MA 02360-5508
River Bend Station
Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47
Mr. William F. Maguire, Site Vice President
River Bend Station
Entergy Operations, Inc.
5485 U.S. Highway 61N
St. Francisville, LA 70775
Waterford Steam Electric Station, Unit 3
Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38
Mr. John Dinelli, Site Vice President
Waterford Steam Electric Station, Unit 3
Entergy Operations, Inc.
17265 River Road
Killona, LA 70057-0751
[FR Doc. 2018-06819 Filed 4-3-18; 8:45 am]
BILLING CODE 7590-01-P