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]

Download as PDF 14520 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: All records, including audio records, are retained in a secure and encrypted cloud-based storage system for a period of seven years consistent with the National Archives and Records Administration records retention schedule. ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS: Information in the system is safeguarded in accordance with the applicable laws, rules and policies governing the operation of federal information systems. EXEMPTIONS PROMULGATED FOR THE SYSTEM: RECORD ACCESS PROCEDURES: Individuals wishing access to their records should submit a written request to the Privacy Officer, NCUA, 1775 Duke Street, Alexandria, VA 22314, and provide the following information: 1. Full name. 2. Any available information regarding the type of record involved. 3. The address to which the record information should be sent. 4. You must sign your request. Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for the representative to act on their behalf. Individuals requesting access must also comply with NCUA’s Privacy Act regulations regarding verification of identity and access to records (12 CFR 792.55). CONTESTING RECORD PROCEDURES: Individuals wishing to request an amendment to their records should submit a written request to the Privacy Officer, NCUA, 1775 Duke Street, Alexandria, VA 22314, and provide the following information: 1. Full name. 2. Any available information regarding the type of record involved. 3. A statement specifying the changes to be made in the records and the justification therefore. 4. The address to which the response should be sent. 5. You must sign your request. Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for the representative to act on their behalf. amozie on DSK30RV082PROD with NOTICES NOTIFICATION PROCEDURES: Individuals wishing to learn whether this system of records contains information about them should submit a written request to the Privacy Officer, NCUA, 1775 Duke Street, Alexandria, VA 22314, and provide the following information: VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 1. Full name. 2. Any available information regarding the type of record involved. 3. The address to which the record information should be sent. 4. You must sign your request. Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for the representative to act on their behalf. Individuals requesting access must also comply with NCUA’s Privacy Act regulations regarding verification of identity and access to records (12 CFR 792.55). This system is subject to the specific exemption provided by 5 U.S.C. 552a(k)(2), as the system of records is investigatory material compiled for law enforcement purposes. 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: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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. E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 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. amozie on DSK30RV082PROD with NOTICES 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,’’ VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 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 PO 00000 Frm 00112 Fmt 4703 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 E:\FR\FM\04APN1.SGM 04APN1 14522 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 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. amozie on DSK30RV082PROD with NOTICES 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. VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 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 PO 00000 Frm 00113 Fmt 4703 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 E:\FR\FM\04APN1.SGM 04APN1 amozie on DSK30RV082PROD with NOTICES Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices 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 VerDate Sep<11>2014 18:12 Apr 03, 2018 Jkt 244001 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


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