80_FR_48498 80 FR 48343 - In the Matter of All Power Reactor Licensees Owned and Operated by Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear Generation Company

80 FR 48343 - In the Matter of All Power Reactor Licensees Owned and Operated by Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear Generation Company

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48343-48348
FR Document2015-19853

The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order to Entergy Operations, Inc. (Entergy), confirming an agreement reached in an Alternative Dispute Resolution mediation session held on September 22, 2014. As part of this agreement, Entergy will take actions to review and evaluate its security procedures; strengthen its procedures and set expectations regarding the conduct of security personnel; and conduct a presentation describing the event that formed the bases for the violation and the lessons learned, to its employees and the industry. Entergy is required to have an independent safety culture assessment conducted of the security organization at its River Bend Station. Entergy is also required to notify the NRC periodically of the status of its efforts.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015) 
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48343-48348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19853]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. (as Shown in the Attachment); License Nos. (as Shown in 
the Attachment): EA-14-009; NRC-2015-0135]


In the Matter of All Power Reactor Licensees Owned and Operated 
by Entergy Nuclear Operations, Inc.; Entergy Operations, Inc.; and 
Entergy Nuclear Generation Company

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order to Entergy Operations, Inc. (Entergy), confirming an 
agreement reached in an Alternative Dispute Resolution mediation 
session held on September 22, 2014. As part of this agreement, Entergy 
will take actions to review and evaluate its security procedures; 
strengthen its procedures and set expectations regarding the conduct of 
security personnel; and conduct a presentation describing the event 
that formed the bases for the violation and the lessons learned, to its 
employees and the industry. Entergy is required to have an independent 
safety culture assessment conducted of the security organization at its 
River Bend Station. Entergy is also required to notify the NRC 
periodically of the status of its efforts.

DATES: The confirmatory order was issued on December 3, 2014.

ADDRESSES: Please refer to Docket ID NRC-2015-0135 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0135. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about the Order, 
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 access publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select NRC: 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 that document 
is publicly available in ADAMS) is provided the first time that a 
document is referenced.
     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: Christi Maier, Region IV, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-001; 817-200-1217; or by 
email to Christi.Maier@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated this 3rd day of December 2014.

    For The Nuclear Regulatory Commission.
Marc L. Dapas,
Regional Administrator.

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 7, 2015.

ATTACHMENT--CONFIRMATORY ORDER MODIFYING LICENSE

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of All Power Reactor Licensees Owned and Operated by 
Entergy Nuclear Operations, Inc.; Entergy Operations, Inc. and Entergy 
Nuclear Generation Company [Docket Nos. (as shown in Attachment); 
License Nos. (as shown in Attachment)]

EA-14-009

Confirmatory Order Modifying License

I.
    The licensees identified in Attachment 1 to this Order hold 
licenses issued by the U.S. Nuclear Regulatory Commission (NRC or 
Commission) pursuant to Title 10 of the Code of Federal Regulations (10 
CFR) Part 50, ``Domestic Licensing of Production and Utilization 
Facilities.'' The licenses authorize the operation of the listed 
facilities in accordance with conditions specified therein.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on September 22, 2014, in Arlington, Texas.
II.
    On March 21, 2012, the NRC initiated a special inspection to 
determine the circumstances surrounding a security event, which 
occurred on March 18, 2012, at Entergy Operations, Inc.'s (Entergy or 
Licensee), River Bend Station (RBS or facility). In addition, on March 
21, 2012, the NRC's Office of Investigations (OI), Region IV Field 
Office, initiated an investigation at RBS to determine if Entergy 
employees willfully violated NRC security requirements at RBS. The 
investigation was completed on December 31, 2013, and was documented in 
OI Report 4-2012-022. Based on the evidence developed during the 
investigation, OI's Region IV Field Office concluded that the willful 
actions of an unidentified individual caused Entergy to be in violation 
of 10 CFR part 73, ``Physical Protection of Plants and Materials.''
    While the NRC investigation did not identify the individual 
responsible for the security-related violation, the OI

[[Page 48344]]

Region IV Field Office did establish several facts that are germane to 
the conclusion of the investigation. Details of the security event and 
the subsequent inspection and investigation are described in Attachment 
2 to this Order. Attachment 2 includes Security-Related Information 
(SRI); therefore, it is not publicly available.
    The NRC determined that as the result of the willful actions of an 
unidentified individual, Entergy failed to comply with 10 CFR part 73. 
The NRC described the results of the inspection and investigation in a 
letter to Entergy dated July 16, 2014. In response to the NRC's letter, 
Entergy requested ADR to resolve this matter. This confirmatory order 
is issued pursuant to the agreement reached during the ADR process.
III.
    On September 22, 2014, the NRC and Entergy met in an ADR session 
mediated by a professional mediator, arranged through the Cornell 
University Scheinman Institute on Conflict Resolution. ADR is a process 
in which a neutral mediator, with no decision-making authority, assists 
the parties in reaching an agreement on resolving any differences 
regarding the dispute. During the ADR session, a preliminary settlement 
agreement was reached. The elements of that preliminary agreement, with 
the exception of the section that includes SRI, are described below. 
The portions of the agreement that contain SRI, as well as the sections 
of this Confirmatory Order that address SRI, are described in the 
aforementioned non-public Attachment. The following description of the 
preliminary ADR agreement, and the required actions described in 
Section V of this Confirmatory Order, include references to the non-
public Attachment to allow for public release of this Confirmatory 
Order. The publicly available elements of the agreement consist of the 
following:
    The NRC recognizes the corrective actions that Entergy has already 
implemented associated with the apparent violation and preliminary 
finding. Entergy's corrective actions are described in the non-public 
Attachment.
    A. The NRC and Entergy agree that a willful violation of Title 10 
Code of Federal Regulations (10 CFR) Part 73 occurred on March 18, 
2012, at River Bend Station. However, the NRC and Entergy disagree on 
the specific aspects of that willful characterization of the violation. 
The details regarding these aspects are described in the non-public 
Attachment.
    1. The NRC concluded that the security-related violation occurred 
because of the deliberate misconduct of an unidentified security 
officer at River Bend Station.
    2. Entergy does not believe that willful intent was involved in all 
aspects of the violation.
    B. Within 4 months from the date of this Confirmatory Order, 
Entergy will revise its security procedures.
    C. Within 3 months from the date of this Confirmatory Order, 
Entergy will, at each of its nuclear plants, conduct a review of its 
controls for SRI and communicate to the NRC the results of the review. 
Within 6 months from the date of this Confirmatory Order, Entergy will 
establish new controls and will provide its proposed controls to the 
NRC for its review. The NRC will communicate to Entergy any concerns 
regarding the controls within 60 days of submittal for resolution in a 
manner acceptable to both parties. Entergy will implement the controls 
within 15 months from the date of this Confirmatory Order. The details 
regarding these controls are described in the non-public Attachment.
    D. Within 9 months from the date of this Confirmatory Order, 
Entergy will review and evaluate the location and storage of SRI at 
each of its nuclear plants. The details are described in the non-public 
Attachment.
    E. Entergy will develop a ``commitment to compliance'' statement or 
a similar document highlighting the special responsibilities of nuclear 
security personnel. This document will explain that nuclear security 
personnel need to comply with regulations and procedures, and it will 
describe the potential consequences if compliance does not occur. 
Within 12 months from the date of this Confirmatory Order, Entergy will 
require at each of its nuclear plants that nuclear security personnel 
read and sign the statement (subject to any collective bargaining 
obligations it may have). Entergy will include the reading and signing 
of this statement in the initial qualification process of nuclear 
security personnel. The details are described in the non-public 
Attachment.
    F. Within 6 months from the date of this Confirmatory Order, 
Entergy will identify those security posts in each of its nuclear 
plants that should be subject to certain decorum standards that will 
ensure a professional environment in those areas. Once identified, 
Entergy will establish decorum protocols for those security posts. In 
addition, within 6 months of the date of this Confirmatory Order, 
Entergy will provide its proposed decorum protocols to the NRC for its 
review. The NRC will communicate to Entergy any concerns regarding the 
proposed decorum protocols within 60 days of submittal for resolution 
in a manner acceptable to both parties. Entergy will implement the 
decorum protocols within 12 months from the date of this Confirmatory 
Order.
    G. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a ``lessons learned'' presentation to be delivered 
to Entergy nuclear employees at each of its nuclear plants describing 
the event that formed the basis for this violation. Prior to making the 
presentation, Entergy will provide its proposed presentation to the NRC 
for its review. The NRC will communicate to Entergy any concerns 
regarding the presentation within 30 days of submittal. Entergy will 
deliver the presentation to Entergy nuclear employees within 12 months 
of this Confirmatory Order.
    H. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a presentation describing the event that formed 
the basis for this violation. The presentation will be delivered to the 
Nuclear Security Working Group and the National Nuclear Security 
Conference (subject to acceptance of the conference-organizing 
committees). This presentation will include, among other subjects, the 
subjects covered in the non-public Attachment to this Confirmatory 
Order. Prior to making the presentation, Entergy will provide its 
proposed presentation to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the presentation within 
30 days of submittal. Entergy will deliver the presentation within 12 
months of this Confirmatory Order.
    I. Within 6 months from the date of this Confirmatory Order, 
Entergy will ensure that an independent third party conducts a safety 
culture assessment of the Security organization at River Bend Station. 
The results will be incorporated into Entergy's corrective action 
program as appropriate. A copy of the completed assessment will be made 
available for NRC review.
    J. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare refresher training on the provisions of 10 CFR 
50.5 and 50.9 for Entergy employees at each of its nuclear plants. 
Prior to conducting the training, Entergy will provide its proposed 
refresher training plan to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the plan within 30 days 
of submittal for resolution in a manner acceptable to both parties. 
Entergy will complete administration of this refresher training

[[Page 48345]]

within 12 months of this Confirmatory Order.
    K. Notification to the NRC When Actions Are Completed
    1. Unless otherwise specified, Entergy will submit written 
notification to the Director, Division of Reactor Safety, USNRC Region 
IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at intervals 
not to exceed 6 months, 1 year, and annually thereafter until the terms 
of the Confirmatory Order are completed, providing a status of each 
item in the Order.
    2. Entergy will provide its basis for concluding that the terms of 
the Confirmatory Order have been satisfied, to the NRC, in writing
    L. Inspection Follow-up
    Based on the corrective actions and enhancements described above, 
the NRC will conduct follow-up inspections using NRC Inspection 
Procedure 92702, ``Followup on Corrective Actions for Violations and 
Deviations.''
    M. Administrative Items
    1. The NRC and Entergy Operations, Inc., agree that the above 
elements will be incorporated into this Confirmatory Order and that the 
NRC will consider the order an escalated enforcement action.
    2. The NRC and Entergy agree that the issues described in the NRC's 
Inspection Report and Investigation Report to Entergy Operations, Inc., 
of July 16, 2014 (EA-14-009) resulted in a violation of NRC security 
requirements. The details regarding the violation are described in the 
non-public Attachment.
    3. In consideration of the significant corrective actions Entergy 
has already taken and the additional actions Entergy has committed to 
taking to enhance its security program, the NRC agrees to reduce the 
severity level of the escalated enforcement sanction. The NRC agrees to 
issue a Notice of Violation for a security-related violation and impose 
a $70,000 civil penalty for the matter discussed in the NRC's 
Inspection Report and Investigation Report to Entergy Operations, Inc., 
of July 16, 2014 (EA-14-009). The issuance of the Notice of Violation 
and civil penalty is considered escalated enforcement. The NRC 
communicates, in the non-public Attachment, the basis for its original 
conclusion regarding the characterization of the violation.
    4. This agreement is binding upon successors and assigns of Entergy 
Operations, Inc.
    N. Within thirty days of the date of the Confirmatory Order, 
Entergy shall pay a civil penalty of $70,000.
    O. Entergy agrees that this Confirmatory Order is to be effective 
upon issuance and waives its right to a hearing in connection with this 
Order.
    P. If Entergy fulfills its commitments under this Order, the NRC 
will not take further enforcement action based on the violations of NRC 
requirements described in Enclosure 2 of the letter transmitting this 
Order.
    On November 21, 2014, Entergy consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below.
IV.
    Since 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 
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 
30 days after its 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 parts 50 and 73, IT IS HEREBY 
ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT RIVER BEND 
STATION AND OTHER NUCLEAR POWER PLANTS IN ENTERGY'S FLEET AND THAT 
REACTOR OPERATING LICENSE NO. NPF-47 IS MODIFIED AS FOLLOWS WITH 
RESPECT TO THE ACTIONS TO BE TAKEN AT THE RIVER BEND STATION:
    A. The NRC and Entergy agree that a willful violation of Title 10 
Code of Federal Regulations (10 CFR) Part 73 occurred on March 18, 
2012, at River Bend Station. However, the NRC and Entergy disagree on 
the specific aspects of that willful characterization of the violation. 
The details regarding these aspects are described in the non-public 
Attachment.
    1. The NRC concluded that the security-related violation occurred 
because of the deliberate misconduct of an unidentified security 
officer at River Bend Station.
    2. However, Entergy does not believe that willful intent was 
involved in all aspects of the violation.
    B. Within 4 months from the date of this Confirmatory Order, 
Entergy will revise its security procedures.
    C. Within 3 months from the date of this Confirmatory Order, 
Entergy will, at each of its nuclear plants, conduct a review of its 
controls for SRI and communicate to the NRC the results of the review. 
Within 6 months from the date of this Confirmatory Order, Entergy will 
establish new controls and will provide its proposed controls to the 
NRC for its review. The NRC will communicate to Entergy any concerns 
regarding the controls within 60 days of submittal for resolution in a 
manner acceptable to both parties. Entergy will implement the controls 
within 15 months from the date of this Confirmatory Order. The details 
regarding these controls are described in the non-public Attachment.
    D. Within 9 months from the date of this Confirmatory Order, 
Entergy will review and evaluate the location and storage of SRI at 
each of its nuclear plants. The details are described in the non-public 
Attachment.
    E. Entergy will develop a ``commitment to compliance'' statement or 
a similar document highlighting the special responsibilities of nuclear 
security personnel. This document will explain that nuclear security 
personnel need to comply with regulations and procedures, and it will 
describe the potential consequences if compliance does not occur. 
Within 12 months from the date of this Confirmatory Order, Entergy will 
require at each of its nuclear plants that nuclear security personnel 
read and sign the statement (subject to any collective bargaining 
obligations it may have). Entergy will include the reading and signing 
of this statement in the initial qualification process of nuclear 
security personnel. The details are described in the non-public 
Attachment.
    F. Within 6 months from the date of this Confirmatory Order, 
Entergy will identify those security posts in each of its nuclear 
plants that should be subject to certain decorum standards that will 
ensure a professional environment in those areas. Once identified, 
Entergy will establish decorum protocols for those security posts. In 
addition, within 6 months of the date of this Confirmatory Order, 
Entergy will provide its proposed decorum protocols to the NRC for its 
review. The NRC will communicate to Entergy any concerns regarding the 
proposed decorum protocols within 60 days of submittal for resolution 
in a manner acceptable to both parties. Entergy will implement the 
decorum protocols within 12 months

[[Page 48346]]

from the date of this Confirmatory Order.
    G. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a ``lessons learned'' presentation to be delivered 
to Entergy nuclear employees at each of its nuclear plants describing 
the event that formed the basis for this violation. Prior to making the 
presentation, Entergy will provide its proposed presentation to the NRC 
for its review. The NRC will communicate to Entergy any concerns 
regarding the presentation within 30 days of submittal. Entergy will 
deliver the presentation to Entergy nuclear employees within 12 months 
of this Confirmatory Order.
    H. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare a presentation describing the event that formed 
the basis for this violation. The presentation will be delivered to the 
Nuclear Security Working Group and the National Nuclear Security 
Conference (subject to acceptance of the conference-organizing 
committees). This presentation will include, among other subjects, the 
subjects covered by the non-public Attachment to this Confirmatory 
Order. Prior to making the presentation, Entergy will provide its 
proposed presentation to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the presentation within 
30 days of submittal. Entergy will deliver the presentation within 12 
months of this Confirmatory Order.
    I. Within 6 months from the date of this Confirmatory Order, 
Entergy will ensure that an independent, third party conducts a safety 
culture assessment of the Security organization at River Bend Station. 
The results will be incorporated into Entergy's corrective action 
program as appropriate. A copy of the completed assessment will be made 
available for NRC review.
    J. Within 4 months from the date of this Confirmatory Order, 
Entergy will prepare refresher training on the provisions of 10 CFR 
50.5 and 50.9 for Entergy employees at each of its nuclear plants. 
Prior to conducting the training, Entergy will provide its proposed 
refresher training plan to the NRC for its review. The NRC will 
communicate to Entergy any concerns regarding the plan within 30 days 
of submittal for resolution in a manner acceptable to both parties. 
Entergy will complete administration of this refresher training within 
12 months of this Confirmatory Order.
    K. Notification to the NRC When Actions Are Completed
    1. Unless otherwise specified, Entergy will submit written 
notification to the Director, Division of Reactor Safety, USNRC Region 
IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, at intervals 
not to exceed 6 months, 1 year, and annually thereafter until the terms 
of the Confirmatory Order are completed, providing a status of each 
item in the Order.
    2. Entergy will provide its basis for concluding that the terms of 
the Confirmatory Order have been satisfied, to the NRC, in writing
    L. Inspection Follow-up
    Based on the corrective actions and enhancements described above, 
the NRC will conduct follow-up inspections using NRC Inspection 
Procedure 92702, ``Followup on Corrective Actions for Violations and 
Deviations.''
    M. Administrative Items
    1. The NRC and Entergy Operations, Inc., agree that the above 
elements will be incorporated into this Confirmatory Order and that the 
NRC will consider the order an escalated enforcement action.
    2. The NRC and Entergy agree that the issues in the NRC's 
Inspection Report and Investigation Report (EA-14-009) described in a 
July 16, 2014, letter to Entergy Operations, Inc., resulted in a 
violation of NRC security requirements. The details regarding the 
violation are described in the non-public Attachment.
    3. In consideration of the significant corrective actions Entergy 
has already taken and the additional actions Entergy has committed to 
taking to enhance its security program, the NRC agrees to reduce the 
severity level of the escalated enforcement sanction. The NRC agrees to 
issue a Notice of Violation for a security-related violation and impose 
a $70,000 civil penalty for the matter discussed in the July 16, 2014, 
letter to Entergy Operations, Inc., regarding the NRC's Inspection 
Report and Investigation Report (EA-14-009). The issuance of the Notice 
of Violation and civil penalty is considered escalated enforcement. The 
NRC communicates, in the non-public Attachment, the basis for its 
original conclusion regarding the characterization of the violation.
    4. This agreement is binding upon successors and assigns of Entergy 
Operations, Inc.
    N. Within 30 days of the date of the Confirmatory Order, Entergy 
shall pay a civil penalty of $70,000.
    O. Entergy agrees that this Confirmatory Order is to be effective 
upon issuance and waives its right to a hearing in connection with this 
Order
    P. If Entergy fulfills its commitments under this Order, the NRC 
will not take further enforcement action based on the violations of NRC 
requirements described in Enclosure 2 of the letter transmitting this 
Order.
    The Regional Administrator, Region IV, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Entergy of 
good cause.
VI.
    Any person adversely affected by this Confirmatory Order, other 
than Entergy, may request a hearing within 30 days of its publication 
in the Federal Register. Where good cause is shown, consideration will 
be given to extending the time to request a hearing. A request for 
extension of time must be made in writing to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
and include a statement of good cause for the extension.
    This Order and its Attachments contain information up to the 
Security-Related Information designation, as defined in 10 CFR 73.2, 
and its disclosure to unauthorized individuals is prohibited by 10 CFR 
73.21 and 10 CFR 73.22. Therefore, any redacted material will not be 
made available for public inspection in the NRC Public Document Room or 
electronically in the NRC's Agencywide Documents Access and Management 
System. Any person requesting to obtain a copy of this order or 
portions thereof will be required to demonstrate their trust and 
reliability through a Federal Bureau of Investigation background check 
and criminal history check, as well as demonstrate a ``need to know'' 
such information.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Confirmatory Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be effective and final thirty days 
after issuance 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.

[[Page 48347]]

    A REQUEST FOR HEARING SHALL NOT STAY THE EFFECTIVENESS OF THIS 
ORDER.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified 
in pertinent part at 10 CFR part 2, subpart C). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at (301) 415-1677, to request (1) a digital ID certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal 
server are detailed in NRC's ``Guidance for Electronic Submission,'' 
which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to 
use other software not listed on the Web site, but should note that the 
NRC's E-Filing system does not support unlisted software, and the NRC 
Meta System Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene through the EIE. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. Eastern Time on the due date. Upon 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the documents on those participants separately. Therefore, 
any others who wish to participate in the proceeding (or their counsel 
or representative) must apply for and receive a digital ID certificate 
before a hearing request/petition to intervene is filed so that they 
can obtain access to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
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Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
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the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
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include personal privacy information, such as social security numbers, 
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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.


    For The Nuclear Regulatory Commission
    Dated this 3rd day of December 2014.
Marc L. Dapas,
Regional Administrator.

Attachments: as stated

[[Page 48348]]

Attachment 1

All Power Reactor Licensees Owned and Operated By Entergy Nuclear 
Operations, Inc.; Entergy Operations, Inc.; and Entergy Nuclear 
Generation Company

Arkansas Nuclear One, Units 1 and 2

Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6
Mr. Jeremy Browning, Site Vice President
Arkansas Nuclear One
Entergy Operations, Inc.
1448 SR 333
Russellville, AR 72802-0967

Grand Gulf Nuclear Station

Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29
Mr. Kevin J. Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150

Indian Point Nuclear Generating Unit Nos. 2 and 3

Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64
John Ventosa, Vice President, Operations
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
P.O. Box 249
Buchanan, NY 10511-0249

James A. FitzPatrick Nuclear Power Plant

Entergy Nuclear Operations, Inc.
Docket No. 50-333
License No. DPR-59
Lawrence Coyle, Executive Vice President
Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant
P.O. Box 110
Lycoming, NY 13093

Palisades Nuclear Plant

Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20
Anthony J. Vitale, Site Vice President
Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant
27780 Blue Star Memorial Highway
Covert, MI 49043

Pilgrim Nuclear Power Station

Entergy Nuclear Generation Company
Docket No. 50-293
License No. DPR-35
John Dent, Jr., Vice President--Site Vice President
Entergy Nuclear Operations
Pilgrim Nuclear Power Station
600 Rocky Hill Road
Plymouth, MA 02360-5508

River Bend Station

Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47
Mr. Eric W. Olson, Site Vice President
Entergy Operations, Inc.
River Bend Station
5485 US Highway 61N
St. Francisville, LA 70775

Vermont Yankee Nuclear Power Station

Entergy Nuclear Operations, Inc.
Docket No. 50-271
License No. DPR-28
Christopher J. Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
320 Governor Hunt Road
Vernon, VT 05354

Waterford Steam Electric Station, Unit 3

Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38
Mr. Michael R. Chisum, Site Vice President
Entergy Operations, Inc.
Waterford Steam Electric Station
17265 River Road
Killona, LA 70057-0751

Attachment 2--Redacted

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 7, 2015.

[FR Doc. 2015-19853 Filed 8-11-15; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48343 of Docketing included an opportunity to to review and evaluate its security For The Nuclear Regulatory Commission. request a hearing and to petition for procedures; strengthen its procedures Marc L. Dapas, leave to intervene. No requests for a and set expectations regarding the Regional Administrator. hearing or leave to intervene were conduct of security personnel; and Editorial Note: This document was submitted. conduct a presentation describing the received for publication by the Office of the The NRC prepared a safety evaluation event that formed the bases for the Federal Register on August 7, 2015. report (SER) (ADAMS Accession No. violation and the lessons learned, to its ML15050A428) to document its review employees and the industry. Entergy is ATTACHMENT—CONFIRMATORY and evaluation of the amendment required to have an independent safety ORDER MODIFYING LICENSE request. Also in connection with this culture assessment conducted of the UNITED STATES OF AMERICA action, the Commission prepared an security organization at its River Bend Environmental Assessment (EA) Station. Entergy is also required to NUCLEAR REGULATORY (ADAMS Accession No. ML15022A575) notify the NRC periodically of the status COMMISSION and a Finding of No Significant Impact of its efforts. In the Matter of All Power Reactor (FONSI) (ADAMS Accession No. Licensees Owned and Operated by ML15026A683). The Notice of DATES: The confirmatory order was Entergy Nuclear Operations, Inc.; Availability of the EA and FONSI for the issued on December 3, 2014. Entergy Operations, Inc. and Entergy NA ISFSI was published in the Federal ADDRESSES: Please refer to Docket ID Nuclear Generation Company [Docket Register on February 27, 2015 (80 FR NRC–2015–0135 when contacting the Nos. (as shown in Attachment); License 10726). NRC about the availability of Nos. (as shown in Attachment)] As required by the Act and the NRC’s information regarding this document. rules and regulations in 10 CFR Chapter EA–14–009 You may obtain publicly-available 1, the staff made the appropriate information related to this action by the Confirmatory Order Modifying License findings which are contained in the following methods: I. SER. The NRC approved and issued • Federal Rulemaking Web site: Go to The licensees identified in Amendment No. 4 to SNM–2507, held http://www.regulations.gov and search Attachment 1 to this Order hold licenses by Dominion for the receipt, possession, for Docket ID NRC–2015–0135. Address issued by the U.S. Nuclear Regulatory transfer, and storage of spent fuel and questions about NRC dockets to Carol Commission (NRC or Commission) associated radioactive materials at the Gallagher; telephone: 301–415–3463; pursuant to Title 10 of the Code of NA ISFSI. Pursuant to 10 CFR 72.46(d), email: Carol.Gallagher@nrc.gov. For Federal Regulations (10 CFR) Part 50, the NRC is providing notice of the questions about the Order, contact the ‘‘Domestic Licensing of Production and action taken. Amendment No. 4 was individual listed in the FOR FURTHER Utilization Facilities.’’ The licenses effective as of the date of issuance, INFORMATION CONTACT section of this authorize the operation of the listed August 3, 2015. document. facilities in accordance with conditions Dated at Rockville, Maryland, this 3rd day of August, 2015. • NRC’s Agencywide Documents specified therein. Access and Management System This Confirmatory Order is the result For the Nuclear Regulatory Commission. (ADAMS): You may access publicly of an agreement reached during an Michele Sampson, alternative dispute resolution (ADR) available documents online in the Chief, Licensing Branch, Division of Spent mediation session conducted on ADAMS Public Documents collection at Fuel Management, Office of Nuclear Material http://www.nrc.gov/reading-rm/ September 22, 2014, in Arlington, Safety and Safeguards. adams.html. To begin the search, select Texas. [FR Doc. 2015–19807 Filed 8–11–15; 8:45 am] NRC: ADAMS Public Documents and II. BILLING CODE 7590–01–P then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, On March 21, 2012, the NRC initiated please contact the NRC’s Public a special inspection to determine the NUCLEAR REGULATORY circumstances surrounding a security COMMISSION Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by event, which occurred on March 18, [Docket Nos. (as Shown in the Attachment); email to pdr.resource@nrc.gov. The 2012, at Entergy Operations, Inc.’s License Nos. (as Shown in the Attachment): ADAMS accession number for each (Entergy or Licensee), River Bend EA–14–009; NRC–2015–0135] Station (RBS or facility). In addition, on document referenced (if that document is publicly available in ADAMS) is March 21, 2012, the NRC’s Office of In the Matter of All Power Reactor Investigations (OI), Region IV Field Licensees Owned and Operated by provided the first time that a document is referenced. Office, initiated an investigation at RBS Entergy Nuclear Operations, Inc.; to determine if Entergy employees Entergy Operations, Inc.; and Entergy • NRC’s PDR: You may examine and willfully violated NRC security Nuclear Generation Company purchase copies of public documents at requirements at RBS. The investigation the NRC’s PDR, Room O1–F21, One was completed on December 31, 2013, AGENCY: Nuclear Regulatory White Flint North, 11555 Rockville Commission. and was documented in OI Report 4– Pike, Rockville, Maryland 20852. 2012–022. Based on the evidence ACTION: Confirmatory order; issuance. FOR FURTHER INFORMATION CONTACT: developed during the investigation, OI’s mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: The U.S. Nuclear Regulatory Christi Maier, Region IV, U.S. Nuclear Region IV Field Office concluded that Commission (NRC) is issuing a Regulatory Commission, Washington DC the willful actions of an unidentified confirmatory order to Entergy 20555–001; 817–200–1217; or by email individual caused Entergy to be in Operations, Inc. (Entergy), confirming to Christi.Maier@nrc.gov. violation of 10 CFR part 73, ‘‘Physical an agreement reached in an Alternative Protection of Plants and Materials.’’ Dispute Resolution mediation session SUPPLEMENTARY INFORMATION: The text of While the NRC investigation did not held on September 22, 2014. As part of the Order is attached. identify the individual responsible for this agreement, Entergy will take actions Dated this 3rd day of December 2014. the security-related violation, the OI VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

48344 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices Region IV Field Office did establish because of the deliberate misconduct of regarding the proposed decorum several facts that are germane to the an unidentified security officer at River protocols within 60 days of submittal conclusion of the investigation. Details Bend Station. for resolution in a manner acceptable to of the security event and the subsequent 2. Entergy does not believe that both parties. Entergy will implement the inspection and investigation are willful intent was involved in all decorum protocols within 12 months described in Attachment 2 to this Order. aspects of the violation. from the date of this Confirmatory Attachment 2 includes Security-Related B. Within 4 months from the date of Order. Information (SRI); therefore, it is not this Confirmatory Order, Entergy will G. Within 4 months from the date of publicly available. revise its security procedures. this Confirmatory Order, Entergy will The NRC determined that as the result C. Within 3 months from the date of prepare a ‘‘lessons learned’’ of the willful actions of an unidentified this Confirmatory Order, Entergy will, at presentation to be delivered to Entergy individual, Entergy failed to comply each of its nuclear plants, conduct a nuclear employees at each of its nuclear with 10 CFR part 73. The NRC described review of its controls for SRI and plants describing the event that formed the results of the inspection and communicate to the NRC the results of the basis for this violation. Prior to investigation in a letter to Entergy dated the review. Within 6 months from the making the presentation, Entergy will July 16, 2014. In response to the NRC’s date of this Confirmatory Order, Entergy provide its proposed presentation to the letter, Entergy requested ADR to resolve will establish new controls and will NRC for its review. The NRC will this matter. This confirmatory order is provide its proposed controls to the communicate to Entergy any concerns issued pursuant to the agreement NRC for its review. The NRC will regarding the presentation within 30 reached during the ADR process. communicate to Entergy any concerns days of submittal. Entergy will deliver regarding the controls within 60 days of III. the presentation to Entergy nuclear submittal for resolution in a manner employees within 12 months of this On September 22, 2014, the NRC and acceptable to both parties. Entergy will Confirmatory Order. Entergy met in an ADR session implement the controls within 15 mediated by a professional mediator, H. Within 4 months from the date of months from the date of this arranged through the Cornell University Confirmatory Order. The details this Confirmatory Order, Entergy will Scheinman Institute on Conflict regarding these controls are described in prepare a presentation describing the Resolution. ADR is a process in which the non-public Attachment. event that formed the basis for this a neutral mediator, with no decision- D. Within 9 months from the date of violation. The presentation will be making authority, assists the parties in this Confirmatory Order, Entergy will delivered to the Nuclear Security reaching an agreement on resolving any review and evaluate the location and Working Group and the National differences regarding the dispute. storage of SRI at each of its nuclear Nuclear Security Conference (subject to During the ADR session, a preliminary plants. The details are described in the acceptance of the conference-organizing settlement agreement was reached. The non-public Attachment. committees). This presentation will elements of that preliminary agreement, E. Entergy will develop a include, among other subjects, the with the exception of the section that ‘‘commitment to compliance’’ statement subjects covered in the non-public includes SRI, are described below. The or a similar document highlighting the Attachment to this Confirmatory Order. portions of the agreement that contain special responsibilities of nuclear Prior to making the presentation, SRI, as well as the sections of this security personnel. This document will Entergy will provide its proposed Confirmatory Order that address SRI, explain that nuclear security personnel presentation to the NRC for its review. are described in the aforementioned need to comply with regulations and The NRC will communicate to Entergy non-public Attachment. The following procedures, and it will describe the any concerns regarding the presentation description of the preliminary ADR potential consequences if compliance within 30 days of submittal. Entergy agreement, and the required actions does not occur. Within 12 months from will deliver the presentation within 12 described in Section V of this the date of this Confirmatory Order, months of this Confirmatory Order. Confirmatory Order, include references Entergy will require at each of its I. Within 6 months from the date of to the non-public Attachment to allow nuclear plants that nuclear security this Confirmatory Order, Entergy will for public release of this Confirmatory personnel read and sign the statement ensure that an independent third party Order. The publicly available elements (subject to any collective bargaining conducts a safety culture assessment of of the agreement consist of the obligations it may have). Entergy will the Security organization at River Bend following: include the reading and signing of this Station. The results will be incorporated The NRC recognizes the corrective statement in the initial qualification into Entergy’s corrective action program actions that Entergy has already process of nuclear security personnel. as appropriate. A copy of the completed implemented associated with the The details are described in the non- assessment will be made available for apparent violation and preliminary public Attachment. NRC review. finding. Entergy’s corrective actions are F. Within 6 months from the date of J. Within 4 months from the date of described in the non-public Attachment. this Confirmatory Order, Entergy will this Confirmatory Order, Entergy will A. The NRC and Entergy agree that a identify those security posts in each of prepare refresher training on the willful violation of Title 10 Code of its nuclear plants that should be subject provisions of 10 CFR 50.5 and 50.9 for Federal Regulations (10 CFR) Part 73 to certain decorum standards that will Entergy employees at each of its nuclear occurred on March 18, 2012, at River ensure a professional environment in plants. Prior to conducting the training, mstockstill on DSK4VPTVN1PROD with NOTICES Bend Station. However, the NRC and those areas. Once identified, Entergy Entergy will provide its proposed Entergy disagree on the specific aspects will establish decorum protocols for refresher training plan to the NRC for its of that willful characterization of the those security posts. In addition, within review. The NRC will communicate to violation. The details regarding these 6 months of the date of this Entergy any concerns regarding the plan aspects are described in the non-public Confirmatory Order, Entergy will within 30 days of submittal for Attachment. provide its proposed decorum protocols resolution in a manner acceptable to 1. The NRC concluded that the to the NRC for its review. The NRC will both parties. Entergy will complete security-related violation occurred communicate to Entergy any concerns administration of this refresher training VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48345 within 12 months of this Confirmatory upon issuance and waives its right to a B. Within 4 months from the date of Order. hearing in connection with this Order. this Confirmatory Order, Entergy will K. Notification to the NRC When P. If Entergy fulfills its commitments revise its security procedures. Actions Are Completed under this Order, the NRC will not take C. Within 3 months from the date of 1. Unless otherwise specified, Entergy further enforcement action based on the this Confirmatory Order, Entergy will, at will submit written notification to the violations of NRC requirements each of its nuclear plants, conduct a Director, Division of Reactor Safety, described in Enclosure 2 of the letter review of its controls for SRI and USNRC Region IV, 1600 East Lamar transmitting this Order. communicate to the NRC the results of Blvd., Arlington, Texas 76011–4511, at On November 21, 2014, Entergy the review. Within 6 months from the intervals not to exceed 6 months, 1 year, consented to issuing this Confirmatory date of this Confirmatory Order, Entergy and annually thereafter until the terms Order with the commitments, as will establish new controls and will of the Confirmatory Order are described in Section V below. provide its proposed controls to the completed, providing a status of each NRC for its review. The NRC will item in the Order. IV. communicate to Entergy any concerns 2. Entergy will provide its basis for Since the Licensee has agreed to take regarding the controls within 60 days of concluding that the terms of the additional actions to address NRC submittal for resolution in a manner Confirmatory Order have been satisfied, concerns, as set forth in Section III acceptable to both parties. Entergy will to the NRC, in writing above, the NRC has concluded that its implement the controls within 15 L. Inspection Follow-up concerns can be resolved through months from the date of this Based on the corrective actions and issuance of this Confirmatory Order. Confirmatory Order. The details enhancements described above, the NRC I find that Entergy’s commitments as regarding these controls are described in will conduct follow-up inspections set forth in Section V are acceptable and the non-public Attachment. using NRC Inspection Procedure 92702, necessary and conclude that with these D. Within 9 months from the date of ‘‘Followup on Corrective Actions for commitments public health and safety this Confirmatory Order, Entergy will Violations and Deviations.’’ are reasonably assured. In view of the review and evaluate the location and M. Administrative Items foregoing, I have determined that public storage of SRI at each of its nuclear 1. The NRC and Entergy Operations, health and safety require that Entergy’s plants. The details are described in the Inc., agree that the above elements will commitments be confirmed by this non-public Attachment. be incorporated into this Confirmatory Confirmatory Order. Based on the above E. Entergy will develop a Order and that the NRC will consider and Entergy’s consent, this ‘‘commitment to compliance’’ statement the order an escalated enforcement Confirmatory Order is effective 30 days or a similar document highlighting the action. after its issuance. special responsibilities of nuclear 2. The NRC and Entergy agree that the security personnel. This document will V. issues described in the NRC’s Inspection explain that nuclear security personnel Report and Investigation Report to Accordingly, pursuant to Sections need to comply with regulations and Entergy Operations, Inc., of July 16, 104b, 161b, 161i, 161o, 182 and 186 of procedures, and it will describe the 2014 (EA–14–009) resulted in a the Atomic Energy Act of 1954, as potential consequences if compliance violation of NRC security requirements. amended, and the Commission’s does not occur. Within 12 months from The details regarding the violation are regulations in 10 CFR 2.202 and 10 CFR the date of this Confirmatory Order, described in the non-public Attachment. parts 50 and 73, IT IS HEREBY Entergy will require at each of its 3. In consideration of the significant ORDERED THAT THE ACTIONS nuclear plants that nuclear security corrective actions Entergy has already DESCRIBED BELOW WILL BE TAKEN personnel read and sign the statement taken and the additional actions Entergy AT RIVER BEND STATION AND (subject to any collective bargaining has committed to taking to enhance its OTHER NUCLEAR POWER PLANTS IN obligations it may have). Entergy will security program, the NRC agrees to ENTERGY’S FLEET AND THAT include the reading and signing of this reduce the severity level of the escalated REACTOR OPERATING LICENSE NO. statement in the initial qualification enforcement sanction. The NRC agrees NPF–47 IS MODIFIED AS FOLLOWS process of nuclear security personnel. to issue a Notice of Violation for a WITH RESPECT TO THE ACTIONS TO The details are described in the non- security-related violation and impose a BE TAKEN AT THE RIVER BEND public Attachment. $70,000 civil penalty for the matter STATION: F. Within 6 months from the date of discussed in the NRC’s Inspection A. The NRC and Entergy agree that a this Confirmatory Order, Entergy will Report and Investigation Report to willful violation of Title 10 Code of identify those security posts in each of Entergy Operations, Inc., of July 16, Federal Regulations (10 CFR) Part 73 its nuclear plants that should be subject 2014 (EA–14–009). The issuance of the occurred on March 18, 2012, at River to certain decorum standards that will Notice of Violation and civil penalty is Bend Station. However, the NRC and ensure a professional environment in considered escalated enforcement. The Entergy disagree on the specific aspects those areas. Once identified, Entergy NRC communicates, in the non-public of that willful characterization of the will establish decorum protocols for Attachment, the basis for its original violation. The details regarding these those security posts. In addition, within conclusion regarding the aspects are described in the non-public 6 months of the date of this characterization of the violation. Attachment. Confirmatory Order, Entergy will 1. The NRC concluded that the mstockstill on DSK4VPTVN1PROD with NOTICES 4. This agreement is binding upon provide its proposed decorum protocols successors and assigns of Entergy security-related violation occurred to the NRC for its review. The NRC will Operations, Inc. because of the deliberate misconduct of communicate to Entergy any concerns N. Within thirty days of the date of an unidentified security officer at River regarding the proposed decorum the Confirmatory Order, Entergy shall Bend Station. protocols within 60 days of submittal pay a civil penalty of $70,000. 2. However, Entergy does not believe for resolution in a manner acceptable to O. Entergy agrees that this that willful intent was involved in all both parties. Entergy will implement the Confirmatory Order is to be effective aspects of the violation. decorum protocols within 12 months VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

48346 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices from the date of this Confirmatory Director, Division of Reactor Safety, described in Enclosure 2 of the letter Order. USNRC Region IV, 1600 East Lamar transmitting this Order. G. Within 4 months from the date of Blvd., Arlington, Texas 76011–4511, at The Regional Administrator, Region this Confirmatory Order, Entergy will intervals not to exceed 6 months, 1 year, IV, may, in writing, relax or rescind any prepare a ‘‘lessons learned’’ and annually thereafter until the terms of the above conditions upon presentation to be delivered to Entergy of the Confirmatory Order are demonstration by Entergy of good cause. nuclear employees at each of its nuclear completed, providing a status of each VI. plants describing the event that formed item in the Order. the basis for this violation. Prior to 2. Entergy will provide its basis for Any person adversely affected by this making the presentation, Entergy will concluding that the terms of the Confirmatory Order, other than Entergy, provide its proposed presentation to the Confirmatory Order have been satisfied, may request a hearing within 30 days of NRC for its review. The NRC will to the NRC, in writing its publication in the Federal Register. communicate to Entergy any concerns L. Inspection Follow-up Where good cause is shown, regarding the presentation within 30 Based on the corrective actions and consideration will be given to extending days of submittal. Entergy will deliver enhancements described above, the NRC the time to request a hearing. A request the presentation to Entergy nuclear for extension of time must be made in will conduct follow-up inspections employees within 12 months of this writing to the Director, Office of using NRC Inspection Procedure 92702, Confirmatory Order. Enforcement, U.S. Nuclear Regulatory ‘‘Followup on Corrective Actions for H. Within 4 months from the date of Commission, Washington, DC 20555, Violations and Deviations.’’ this Confirmatory Order, Entergy will and include a statement of good cause M. Administrative Items prepare a presentation describing the for the extension. 1. The NRC and Entergy Operations, This Order and its Attachments event that formed the basis for this Inc., agree that the above elements will violation. The presentation will be contain information up to the Security- be incorporated into this Confirmatory Related Information designation, as delivered to the Nuclear Security Order and that the NRC will consider defined in 10 CFR 73.2, and its Working Group and the National the order an escalated enforcement disclosure to unauthorized individuals Nuclear Security Conference (subject to action. is prohibited by 10 CFR 73.21 and 10 acceptance of the conference-organizing 2. The NRC and Entergy agree that the CFR 73.22. Therefore, any redacted committees). This presentation will issues in the NRC’s Inspection Report material will not be made available for include, among other subjects, the and Investigation Report (EA–14–009) public inspection in the NRC Public subjects covered by the non-public Attachment to this Confirmatory Order. described in a July 16, 2014, letter to Document Room or electronically in the Prior to making the presentation, Entergy Operations, Inc., resulted in a NRC’s Agencywide Documents Access Entergy will provide its proposed violation of NRC security requirements. and Management System. Any person presentation to the NRC for its review. The details regarding the violation are requesting to obtain a copy of this order The NRC will communicate to Entergy described in the non-public Attachment. or portions thereof will be required to any concerns regarding the presentation 3. In consideration of the significant demonstrate their trust and reliability within 30 days of submittal. Entergy corrective actions Entergy has already through a Federal Bureau of will deliver the presentation within 12 taken and the additional actions Entergy Investigation background check and months of this Confirmatory Order. has committed to taking to enhance its criminal history check, as well as I. Within 6 months from the date of security program, the NRC agrees to demonstrate a ‘‘need to know’’ such this Confirmatory Order, Entergy will reduce the severity level of the escalated information. ensure that an independent, third party enforcement sanction. The NRC agrees If a person other than the licensee conducts a safety culture assessment of to issue a Notice of Violation for a requests a hearing, that person shall set the Security organization at River Bend security-related violation and impose a forth with particularity the manner in Station. The results will be incorporated $70,000 civil penalty for the matter which his interest is adversely affected into Entergy’s corrective action program discussed in the July 16, 2014, letter to by this Confirmatory Order and shall as appropriate. A copy of the completed Entergy Operations, Inc., regarding the address the criteria set forth in 10 CFR assessment will be made available for NRC’s Inspection Report and 2.309(d) and (f). NRC review. Investigation Report (EA–14–009). The If a hearing is requested by a person J. Within 4 months from the date of issuance of the Notice of Violation and whose interest is adversely affected, the this Confirmatory Order, Entergy will civil penalty is considered escalated Commission will issue an order prepare refresher training on the enforcement. The NRC communicates, designating the time and place of any provisions of 10 CFR 50.5 and 50.9 for in the non-public Attachment, the basis hearing. If a hearing is held, the issue to Entergy employees at each of its nuclear for its original conclusion regarding the be considered at such hearing shall be plants. Prior to conducting the training, characterization of the violation. whether this Confirmatory Order should Entergy will provide its proposed 4. This agreement is binding upon be sustained. refresher training plan to the NRC for its successors and assigns of Entergy In the absence of any request for review. The NRC will communicate to Operations, Inc. hearing, or written approval of an Entergy any concerns regarding the plan N. Within 30 days of the date of the extension of time in which to request a within 30 days of submittal for Confirmatory Order, Entergy shall pay a hearing, the provisions specified in resolution in a manner acceptable to civil penalty of $70,000. Section V above shall be effective and mstockstill on DSK4VPTVN1PROD with NOTICES both parties. Entergy will complete O. Entergy agrees that this final thirty days after issuance of this administration of this refresher training Confirmatory Order is to be effective Confirmatory Order without further within 12 months of this Confirmatory upon issuance and waives its right to a order or proceedings. If an extension of Order. hearing in connection with this Order time for requesting a hearing has been K. Notification to the NRC When P. If Entergy fulfills its commitments approved, the provisions specified in Actions Are Completed under this Order, the NRC will not take Section V shall be final when the 1. Unless otherwise specified, Entergy further enforcement action based on the extension expires if a hearing request will submit written notification to the violations of NRC requirements has not been received. VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48347 A REQUEST FOR HEARING SHALL If a participant is electronically documents electronically must file an NOT STAY THE EFFECTIVENESS OF submitting a document to the NRC in exemption request, in accordance with THIS ORDER. accordance with the E-Filing rule, the 10 CFR 2.302(g), with their initial paper All documents filed in NRC participant must file the document filing requesting authorization to adjudicatory proceedings, including a using the NRC’s online, Web-based continue to submit documents in paper request for hearing, a petition for leave submission form. In order to serve format. Such filings must be submitted to intervene, any motion or other documents through the Electronic by: (1) First class mail addressed to the document filed in the proceeding prior Information Exchange (EIE), users will Office of the Secretary of the to the submission of a request for be required to install a Web browser Commission, U.S. Nuclear Regulatory hearing or petition to intervene, and plug-in from the NRC Web site. Further Commission, Washington, DC 20555– documents filed by interested information on the Web-based 0001, Attention: Rulemaking and governmental entities participating submission form, including the installation of the Web browser plug-in, Adjudications Staff; or (2) courier, under 10 CFR 2.315(c), must be filed in express mail, or expedited delivery accordance with the NRC E-Filing rule is available on the NRC’s public Web site at http://www.nrc.gov/site-help/e- service to the Office of the Secretary, (72 FR 49139, August 28, 2007), as submittals.html. Sixteenth Floor, One White Flint North, amended by 77 FR 46562; August 3, Once a participant has obtained a 11555 Rockville Pike, Rockville, 2012 (codified in pertinent part at 10 CFR part 2, subpart C). The E-Filing digital ID certificate and a docket has Maryland, 20852, Attention: process requires participants to submit been created, the participant can then Rulemaking and Adjudications Staff. and serve all adjudicatory documents submit a request for hearing or petition Participants filing a document in this over the internet, or in some cases to for leave to intervene through the EIE. manner are responsible for serving the mail copies on electronic storage media. Submissions should be in Portable document on all other participants. Participants may not submit paper Document Format (PDF) in accordance Filing is considered complete by first- copies of their filings unless they seek with NRC guidance available on the class mail as of the time of deposit in an exemption in accordance with the NRC public Web site at http:// the mail, or by courier, express mail, or procedures described below. www.nrc.gov/site-help/e- expedited delivery service upon submittals.html. A filing is considered depositing the document with the To comply with the procedural complete at the time the documents are provider of the service. A presiding requirements of E-Filing, at least 10 submitted through the NRC’s E-Filing officer, having granted an exemption days prior to the filing deadline, the system. To be timely, an electronic participant should contact the Office of request from using E-Filing, may require filing must be submitted to the E-Filing the Secretary by email at a participant or party to use E-Filing if system no later than 11:59 p.m. Eastern hearing.docket@nrc.gov, or by telephone the presiding officer subsequently Time on the due date. Upon receipt of at (301) 415–1677, to request (1) a determines that the reason for granting a transmission, the E-Filing system digital ID certificate, which allows the time-stamps the document and sends the exemption from use of E-Filing no participant (or its counsel or the submitter an email notice longer exists. representative) to digitally sign confirming receipt of the document. The Documents submitted in adjudicatory documents and access the E-Submittal E-Filing system also distributes an email proceedings will appear in NRC’s server for any proceeding in which it is notice that provides access to the participating; and (2) advise the electronic hearing docket which is document to the NRC’s Office of the available to the public at http:// Secretary that the participant will be General Counsel and any others who submitting a request or petition for ehd1.nrc.gov/ehd/, unless excluded have advised the Office of the Secretary pursuant to an order of the Commission, hearing (even in instances in which the that they wish to participate in the participant, or its counsel or or the presiding officer. Participants are proceeding, so that the filer need not requested not to include personal representative, already holds an NRC- serve the documents on those issued digital ID certificate). Based upon privacy information, such as social participants separately. Therefore, any this information, the Secretary will security numbers, home addresses, or others who wish to participate in the establish an electronic docket for the proceeding (or their counsel or home phone numbers in their filings, hearing in this proceeding if the representative) must apply for and unless an NRC regulation or other law Secretary has not already established an receive a digital ID certificate before a requires submission of such electronic docket. hearing request/petition to intervene is information. With respect to Information about applying for a filed so that they can obtain access to copyrighted works, except for limited digital ID certificate is available on the document via the E-Filing system. excerpts that serve the purpose of the NRC’s public Web site at http:// A person filing electronically using adjudicatory filings and would www.nrc.gov/site-help/e- the agency’s adjudicatory E-Filing constitute a Fair Use application, submittals.html. System requirements system may seek assistance by participants are requested not to include for accessing the E-Submittal server are contacting the NRC Meta System Help copyrighted materials in their detailed in NRC’s ‘‘Guidance for Desk through the ‘‘Contact Us’’ link submission. Electronic Submission,’’ which is located on the NRC Web site at http:// available on the agency’s public Web www.nrc.gov/site-help/e- For The Nuclear Regulatory Commission site at http://www.nrc.gov/site-help/e- submittals.html, by email at Dated this 3rd day of December 2014. mstockstill on DSK4VPTVN1PROD with NOTICES submittals.html. Participants may MSHD.Resource@nrc.gov, or by a toll- Marc L. Dapas, attempt to use other software not listed free call at (866) 672–7640. The NRC Regional Administrator. on the Web site, but should note that the Meta System Help Desk is available NRC’s E-Filing system does not support between 8 a.m. and 8 p.m., Eastern Attachments: as stated unlisted software, and the NRC Meta Time, Monday through Friday, System Help Desk will not be able to excluding government holidays. offer assistance in using unlisted Participants who believe that they software. have a good cause for not submitting VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

48348 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices Attachment 1 John Dent, Jr., Vice President—Site Vice NRC about the availability of All Power Reactor Licensees Owned President information regarding this document. and Operated By Entergy Nuclear Entergy Nuclear Operations You may access information related to Pilgrim Nuclear Power Station this document, which the NRC Operations, Inc.; Entergy Operations, 600 Rocky Hill Road possesses and is publicly available, Inc.; and Entergy Nuclear Generation Plymouth, MA 02360–5508 using the following methods: Company River Bend Station • Federal Rulemaking Web site: Go to Arkansas Nuclear One, Units 1 and 2 http://www.regulations.gov and search Entergy Operations, Inc. for Docket ID NRC–2014–0253. Address Entergy Operations, Inc. Docket No. 50–458 Docket Nos. 50–313, 50–368 questions about NRC dockets to Carol License No. NPF–47 Gallagher; telephone: 301–415–3463; License Nos. DRP–51; NPF–6 Mr. Eric W. Olson, Site Vice President Mr. Jeremy Browning, Site Vice email: Carol.Gallagher@nrc.gov. Entergy Operations, Inc. President River Bend Station • NRC’s Agencywide Documents Arkansas Nuclear One 5485 US Highway 61N Access and Management System Entergy Operations, Inc. St. Francisville, LA 70775 (ADAMS): You may access publicly 1448 SR 333 available documents online in the NRC Russellville, AR 72802–0967 Vermont Yankee Nuclear Power Station Library at http://www.nrc.gov/reading- Grand Gulf Nuclear Station Entergy Nuclear Operations, Inc. rm/adams.html. To begin the search, Docket No. 50–271 select ‘‘ADAMS Public Documents’’ and Entergy Operations, Inc. License No. DPR–28 then select ‘‘Begin Web-based ADAMS Docket No. 50–416 Christopher J. Wamser, Site Vice Search.’’ For problems with ADAMS, License No. NPF–29 President please contact the NRC’s Public Mr. Kevin J. Mulligan, Site Vice Entergy Nuclear Operations, Inc. Document Room (PDR) reference staff at President Vermont Yankee Nuclear Power Station 1–800–397–4209, 301–415–4737, or by Entergy Operations, Inc. 320 Governor Hunt Road email to pdr.resource@nrc.gov. The Grand Gulf Nuclear Station Vernon, VT 05354 ADAMS accession number for each P.O. Box 756 document referenced in this notice (if Port Gibson, MS 39150 Waterford Steam Electric Station, Unit 3 that document is available in ADAMS) Indian Point Nuclear Generating Unit Entergy Operations, Inc. is provided the first time that a Nos. 2 and 3 Docket No. 50–382 document is referenced. Revision 0 of License No. NPF–38 Regulatory Guide 5.84, is available in Entergy Nuclear Operations, Inc. Mr. Michael R. Chisum, Site Vice ADAMS under Accession No. Docket Nos. 50–247 and 50–286 President ML15083A412. The regulatory analysis License Nos. DPR–26 and DPR–64 Entergy Operations, Inc. may be found in ADAMS under John Ventosa, Vice President, Waterford Steam Electric Station Accession No. ML14218A861. Operations Entergy Nuclear Operations, Inc. 17265 River Road • NRC’s PDR: You may examine and Killona, LA 70057–0751 purchase copies of public documents at Indian Point Energy Center 450 Broadway, GSB Attachment 2—Redacted the NRC’s PDR, Room O1–F21, One P.O. Box 249 White Flint North, 11555 Rockville Buchanan, NY 10511–0249 Editorial Note: This document was Pike, Rockville, Maryland 20852. received for publication by the Office of the Regulatory guides are not James A. FitzPatrick Nuclear Power Federal Register on August 7, 2015. copyrighted, and NRC approval is not Plant [FR Doc. 2015–19853 Filed 8–11–15; 8:45 am] required to reproduce them. Entergy Nuclear Operations, Inc. BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: Docket No. 50–333 Wesley W. Held, Office of Nuclear License No. DPR–59 Security and Incident Response, Lawrence Coyle, Executive Vice NUCLEAR REGULATORY telephone: 301–415–1583, email: President COMMISSION wesley.held@nrc.gov, or Richard A. Entergy Nuclear Operations, Inc. [NRC–2014–0253] Jervey, Office of Nuclear Regulatory James A. FitzPatrick Nuclear Power Research, telephone: 301–415–6201, Plant Fitness-for-Duty Programs for New email: richard.jervey@nrc.gov. Both are P.O. Box 110 Nuclear Power Plant Construction staff of the U.S. Nuclear Regulatory Lycoming, NY 13093 Sites Commission, Washington, DC 20555– Palisades Nuclear Plant AGENCY: Nuclear Regulatory 0001. Entergy Nuclear Operations, Inc. Commission. SUPPLEMENTARY INFORMATION: Docket No. 50–255 ACTION: Regulatory guide; issuance. I. Introduction License No. DPR–20 Anthony J. Vitale, Site Vice President SUMMARY: The U.S. Nuclear Regulatory The NRC is issuing a new guide in the Entergy Nuclear Operations, Inc. Commission (NRC) is issuing a new NRC’s ‘‘Regulatory Guide’’ series. This regulatory guide (RG), RG 5.84, mstockstill on DSK4VPTVN1PROD with NOTICES Palisades Nuclear Plant series was developed to describe and 27780 Blue Star Memorial Highway ‘‘Fitness-for-Duty Programs at New make available to the public information Covert, MI 49043 Reactor Construction Sites.’’ This RG regarding methods that are acceptable to provides guidance for implementing the NRC staff for implementing specific Pilgrim Nuclear Power Station fitness-for-duty (FFD) requirements at parts of the agency’s regulations, Entergy Nuclear Generation Company nuclear power plant construction sites. techniques that the staff uses in Docket No. 50–293 ADDRESSES: Please refer to Docket ID evaluating specific issues or postulated License No. DPR–35 NRC–2014–0253 when contacting the events, and data that the staff needs in VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1


Document Created: 2016-09-27 22:27:25
Document Modified: 2016-09-27 22:27:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionConfirmatory order; issuance.
DatesThe confirmatory order was issued on December 3, 2014.
ContactChristi Maier, Region IV, U.S. Nuclear Regulatory Commission, Washington DC 20555-001; 817-200-1217; or by email to [email protected]
FR Citation80 FR 48343 
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