81_FR_32897 81 FR 32797 - In the Matter of Entergy Nuclear Operations, Inc., Palisades Nuclear Plant

81 FR 32797 - In the Matter of Entergy Nuclear Operations, Inc., Palisades Nuclear Plant

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 100 (May 24, 2016)

Page Range32797-32800
FR Document2016-12193

The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Entergy Nuclear Operations, Inc. (Entergy), confirming agreements reached in an Alternative Dispute Resolution Session held on March 25, 2016. As part of the agreement, Entergy will take a number of actions, including: (1) Developing a case study pertaining to the leakage of the Safety Injection Refueling Water Tank at the Palisades Nuclear Plant and training site personnel with an emphasis on lessons learned from the event; (2) sharing facts and lessons learned with the Entergy Fleet and other reactor licensees; (3) reviewing and revising the Entergy corrective action and operability determination procedures to ensure indeterminate and/or changing conditions are addressed, and (4) modifying the current outreach program at Palisades to include wide audience and discussions of the event, plant safety, and current operations.

Federal Register, Volume 81 Issue 100 (Tuesday, May 24, 2016)
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32797-32800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12193]



[[Page 32797]]

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NUCLEAR REGULATORY COMMISSION

[EA-15-039; NRC-2016-0104]


In the Matter of Entergy Nuclear Operations, Inc., Palisades 
Nuclear Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Confirmatory Order to Entergy Nuclear Operations, Inc. (Entergy), 
confirming agreements reached in an Alternative Dispute Resolution 
Session held on March 25, 2016. As part of the agreement, Entergy will 
take a number of actions, including: (1) Developing a case study 
pertaining to the leakage of the Safety Injection Refueling Water Tank 
at the Palisades Nuclear Plant and training site personnel with an 
emphasis on lessons learned from the event; (2) sharing facts and 
lessons learned with the Entergy Fleet and other reactor licensees; (3) 
reviewing and revising the Entergy corrective action and operability 
determination procedures to ensure indeterminate and/or changing 
conditions are addressed, and (4) modifying the current outreach 
program at Palisades to include wide audience and discussions of the 
event, plant safety, and current operations.

DATES: Effective Date: June 16, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0104 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0104. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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: Magdalena Gryglak, Region III, U.S. 
Nuclear Regulatory Commission, Lisle, Illinois, 60532; telephone: 630-
810-4372, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Lisle, Illinois this 16 day of May, 2016.

    For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.

Attachment--Confirmatory Order Modifying License

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of

All POWER REACTOR LICENSEES OWNED AND OPERATED BY
ENTERGY NUCLEAR OPERATIONS, INC.; ENTERGY OPERATIONS, INC.; AND 
ENTERGY NUCLEAR GENERATION COMPANY
EA-15-039
Docket Nos. (Attachment 1)
Licensed Nos. (Attachment 1)

CONFIRMATORY ORDER MODIFYING LICENSE

I

    Entergy Nuclear Operations, Inc. (Entergy) is the holder of 
Reactor Operating License No. DPR-20 issued by the U.S. Nuclear 
Regulatory Commission (NRC or Commission) pursuant to Title 10 of 
the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971, 
and renewed on January 17, 2007. The license authorizes the 
operation of the Palisades Nuclear Plant (Palisades) in accordance 
with conditions specified therein. The facility is located on 
Entergy's site in Covert, Michigan.
    This Confirmatory Order is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on March 25, 2016.

II

    On June 25, 2012, the NRC Office of Investigations (OI), Region 
III Field Office initiated an investigation (OI Case No. 3-2012-021) 
to determine whether personnel at Palisades deliberately failed to 
provide complete and accurate information to the NRC regarding a 
potential leak in the Safety Injection Refueling Water Tank (SIRWT), 
thereby violating 10 CFR 50.9, ``Completeness and Accuracy of 
Information.'' The Office of Investigations completed its 
investigation on March 10, 2015, and the NRC provided a factual 
summary of the investigation in a letter to Entergy dated February 
22, 2016 (Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML16053A472). Based on the review of the OI 
investigation report, the NRC determined that four Palisades 
employees willfully violated 10 CFR part 50, Appendix B, Criterion 
V, ``Instructions, Procedures, and Drawings,'' by failing to comply 
with the Palisades corrective action program procedure. The NRC also 
determined that Entergy violated 10 CFR part 50, Appendix B, 
Criterion V, ``Instructions, Procedures, and Drawings,'' based on an 
inadequate operability determination. In addition, the NRC found 
that Entergy violated Technical Specifications (TS), Surveillance 
Requirement (SR) 3.0.3 by not performing either a missed 
surveillance test within 24 hours from identification or a risk 
evaluation to complete the surveillance at a later time.
    More specifically, on May 18, 2011, Palisades employees 
initiated Condition Report (CR) PLP-2011-02491 when leakage from the 
ceiling in the Palisades main control room was identified following 
heavy rains in the area. Based on the evidence gathered during the 
OI investigation, the NRC determined that four Palisades employees 
willfully violated NRC requirements by failing to enter a condition 
adverse to quality into Palisades' corrective action program, after 
they either initiated or received emails that concluded with high 
certainty that the SIRWT or associated piping was the source of the 
leakage. Their actions caused Entergy to be in violation of 10 CFR 
part 50, Appendix B, Criterion V, ``Instructions, Procedures, and 
Drawings,'' and Procedure EN-LI-102, ``Corrective Action Process,'' 
Revision 16, which requires employees to promptly identify and 
initiate CRs for conditions adverse to quality.
    On June 2, 2011, Entergy performed a direct visual inspection of 
the catacombs, an area directly above the control room and below the 
SIRWT, to look for sources of leakage. As a result of the 
inspection, Palisades identified an active flange leak on a 3-inch 
SIRWT piping flange (CR PLP-2011-02738) and an active leak from the 
catacombs ceiling (CR PLP-2011-02740). The NRC determined that 
Entergy violated NRC requirements by failing to perform an 
operability determination for the catacombs ceiling leak. 
Additionally, Entergy failed to perform an engineering evaluation 
for the SIRWT when Palisades staff identified active boric acid 
leakage from a safety injection flange with carbon steel bolts. 
These failures caused Entergy to be in violation of 10 CFR part 50, 
Appendix B, Criterion V, ``Instructions, Procedures, and Drawings,'' 
and Procedure EN-OP-104, ``Operability Determination Process,'' 
Revision 5, which required Entergy to assess operability when 
degraded conditions affecting structures, systems, and components, 
were identified.
    The NRC also determined Entergy to be in violation of Palisades 
TS, SR 3.0.3, which required it to either perform a missed 
surveillance test within 24 hours or a risk

[[Page 32798]]

evaluation for any surveillance delayed greater than 24 hours. 
Specifically, when Entergy identified surveillance procedure RT-71M, 
the surveillance to conduct the American Society of Mechanical 
Engineers inservice pressure test of the SIRWT and associated 
piping, had not been performed within its required schedule, Entergy 
failed to perform the test within 24 hours from identification or 
perform a risk evaluation to complete the surveillance at a later 
time.
    Entergy accepted the NRC's offer of ADR to resolve differences 
it had with the NRC over the results of the investigation and these 
apparent violations. Alternative Dispute Resolution is a process in 
which a neutral mediator with no decision-making authority assists 
the parties in reaching an agreement on resolving any differences 
regarding the dispute. On March 25, 2016, Entergy and the NRC met in 
an ADR session mediated by a professional mediator, arranged through 
Cornell University's Institute on Conflict Resolution.
    Prior to the NRC's offer to engage in ADR, Entergy had already 
taken several corrective actions, including (but not limited to): 
(1) repair of the SIRWT; (2) waterproofing the concrete support 
structure below the SIRWT nozzles; (3) changes to management and 
other personnel at the station; (4) addressing safety culture by 
training site personnel, increasing leadership communication of 
safety culture expectations, and completing an independent third 
party assessment of safety culture; and (5) implementing a Recovery 
Plan at Palisades to strengthen safety culture, the corrective 
action program, and leadership effectiveness.

III

    During the ADR session, the NRC and Entergy reached a 
preliminary settlement agreement. The NRC is issuing this 
Confirmatory Order pursuant to the agreement reached during the ADR 
process. The elements of the agreement, as signed by both parties, 
consist of the following:
    1. Entergy does not believe that any of the above violations 
were committed willfully, but rather were the product of 
deficiencies in the organizational safety culture that existed at 
the time those violations occurred. The parties agreed to disagree 
on the issue of willfulness.
    2. Entergy will ensure site personnel understand lessons learned 
from this matter:
    2a. Within 180 days of the effective date of the Confirmatory 
Order, Entergy will develop a case study with the participation of 
key personnel in operations, chemistry, radiation protection, and 
engineering, addressing lessons learned from the events that gave 
rise to the Confirmatory Order. The case study will include 
applicable safety culture traits, including the importance of 
conservative decisionmaking; going forward in the face of 
uncertainty; the need for nuclear personnel to demonstrate a 
questioning attitude; and the threshold for initiating corrective 
action documents, especially when dealing with indeterminate and/or 
changing conditions.
    2b. Within 180 days of the completion of item 2a., Entergy will 
present the case study to the Palisades site leadership team (first-
line supervisors and above) during focused leadership training; 
licensed and non-licensed operators during routine requalification 
training; engineering personnel during routine Engineering Support 
Personnel training; and chemistry, radiation protection, and 
maintenance personnel during continuing training. This training will 
include long-term contractor personnel who would normally attend.
    2c. No later than December 31, 2017, the Entergy Safety Review 
Committee, Oversight Subcommittee, will report to the Entergy Chief 
Nuclear Officer on the effectiveness of the training in item 2b. 
Upon completion of the report, Entergy will notify in writing the 
Director, Division of Reactor Projects, NRC Region III, and make the 
report available to the NRC for inspection.
    3. Entergy will share lessons learned from this matter with 
other reactor licensees:
    3a. Within 180 days of completion of item 2a., Entergy will 
present the lessons learned from the case study to the Entergy fleet 
in Inside Entergy.
    3b. Within 360 days of completion of item 2a., Entergy will 
present the lessons learned from the case study at: (1) A Regional 
Utility Group meeting in each of the NRC Regions that Entergy 
operates; and (2) a suitable industry-wide forum such as the Nuclear 
Energy Institute Licensing Forum.
    3c. Entergy will notify in writing the Director, Division of 
Reactor Projects, NRC Region III, at least 30 days prior to any 
scheduled presentation under item 3b, and make the presentation 
materials available for NRC review.
    3d. No later than December 31, 2017, Entergy will affirm in 
writing to the Director, Division of Reactor Projects, NRC Region 
III, that the presentations in items 3a. and 3b. were conducted.
    4. Within 360 days of the effective date of the Confirmatory 
Order, Entergy will review Procedure EN-OP-104, ``Operability 
Determination Process,'' and Procedure EN-LI-102, ``Corrective 
Action Process,'' in light of the lessons learned from events 
associated with leakage of the SIRWT and revise these procedures as 
appropriate. In particular, the review will evaluate the adequacy of 
those procedures to address indeterminate and/or changing 
conditions. Upon completion of the procedure reviews and applicable 
revisions, Entergy will notify in writing the Director, Division of 
Reactor Projects, NRC Region III, and make the procedures available 
to the NRC for inspection.
    5. Entergy will modify its current program of public outreach at 
Palisades. The modifications will include, at a minimum:
    5a. Ensuring key stakeholders, including Federal, State, and 
local government officials, non-government organizations interested 
in Palisades, and members of the local community, are invited to the 
meetings.
    5b. Ensuring the subject of each meeting includes plant safety 
and operations.
    5c. Ensuring the format of the meeting permits the audience to 
raise questions, such as in a town hall environment.
    5d. Ensuring at least one meeting is held no later than December 
31, 2016, which will address the events that led to this 
Confirmatory Order.
    5e. Ensuring at least two meetings are held per calendar year in 
2017 and 2018.
    In exchange for Entergy fulfilling its commitments under this 
Confirmatory Order, and for the corrective actions Entergy has 
already taken, the NRC agreed to the following conditions:
    1. The NRC will consider this Confirmatory Order as an escalated 
enforcement action for a period of one year from its effective date.
    2. The NRC will refrain from issuing a Notice of Violation and 
proposing a civil penalty for the apparent violations described in 
the NRC letter to Entergy dated February 22, 2016.
    On May 5, 2016, Entergy consented to issuing this Confirmatory 
Order with the commitments described in Section V. Entergy further 
agreed that this Confirmatory Order is to be effective 30 calendar 
days after issuance and waived its right to a hearing on the 
Confirmatory Order.

IV

    Since the Entergy agrees to take additional actions to address 
NRC concerns, as set forth in Section III above, the NRC concludes 
that its concerns can be resolved through issuance of this 
Confirmatory Order.
    I find that Entergy's commitments set forth in Section V are 
acceptable and necessary, and I conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that public health and safety require 
that Entergy's commitments be confirmed by this Confirmatory Order. 
Based on the above and based on Entergy's consent, this Confirmatory 
Order is effective 30 calendar days after issuance.

V

    Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, and 10 CFR part 50, IT IS 
HEREBY ORDERED THAT:
    1. Entergy will ensure site personnel understand lessons learned 
from this matter:
    1a. Within 180 days of the effective date of the Confirmatory 
Order, Entergy will develop a case study with the participation of 
key personnel in operations, chemistry, radiation protection, and 
engineering, addressing lessons learned from the events that gave 
rise to the Confirmatory Order. The case study will include 
applicable safety culture traits, including the importance of 
conservative decisionmaking; going forward in the face of 
uncertainty; the need for nuclear personnel to demonstrate a 
questioning attitude; and the threshold for initiating corrective 
action documents, especially when dealing with indeterminate and/or 
changing conditions.
    1b. Within 180 days of the completion of item 1a., Entergy will 
present the case study to the Palisades site leadership team (first-
line supervisors and above) during focused leadership training; 
licensed and non-licensed operators during routine requalification 
training; engineering personnel during routine Engineering Support 
Personnel training; and chemistry, radiation protection, and 
maintenance personnel during continuing training. This training will 
include long-term contractor personnel who would normally attend.

[[Page 32799]]

    1c. No later than December 31, 2017, the Entergy Safety Review 
Committee, Oversight Subcommittee, will report to the Entergy Chief 
Nuclear Officer on the effectiveness of the training in item 1b. 
Upon completion of the report, Entergy will notify in writing the 
Director, Division of Reactor Projects, NRC Region III, and make the 
report available to the NRC for inspection.
    2. Entergy will share lessons learned from this matter with 
other reactor licensees:
    2a. Within 180 days of completion of item 1a., Entergy will 
present the lessons learned from the case study to the Entergy fleet 
in Inside Entergy.
    2b. Within 360 days of completion of item 1a., Entergy will 
present the lessons learned from the case study at: (1) A Regional 
Utility Group meeting in each of the NRC Regions that Entergy 
operates; and (2) a suitable industry-wide forum such as the Nuclear 
Energy Institute Licensing Forum.
    2c. Entergy will notify in writing the Director, Division of 
Reactor Projects, NRC Region III, at least 30 days prior to any 
scheduled presentation under item 2b. and make the presentation 
materials available for NRC review.
    2d. No later than December 31, 2017, Entergy will affirm in 
writing to the Director, Division of Reactor Projects, NRC Region 
III, that the presentations in items 2a. and 2b. were conducted.
    3. Within 360 days of the effective date of the Confirmatory 
Order, Entergy will review Procedure EN-OP-104, ``Operability 
Determination Process,'' and Procedure EN-LI-102, ``Corrective 
Action Process,'' in light of the lessons learned from events 
associated with leakage of the SIRWT and revise these procedures as 
appropriate. In particular, the review will evaluate the adequacy of 
those procedures to address indeterminate and/or changing 
conditions. Upon completion of the procedure reviews and applicable 
revisions, Entergy will notify in writing the Director, Division of 
Reactor Projects, NRC Region III, and make the procedures available 
to the NRC for inspection.
    4. Entergy will modify its current program of public outreach at 
Palisades. The modifications will include, at a minimum:
    4a. Ensuring key stakeholders, including Federal, State, and 
local government officials, non-government organizations interested 
in Palisades, and members of the local community are invited to the 
meetings.
    4b. Ensuring the subject of each meeting includes plant safety 
and operations.
    4c. Ensuring the format of the meetings permits the audience to 
raise questions, such as in a town hall environment.
    4d. Ensuring at least one meeting is held no later than December 
31, 2016, which will address the events that led to this 
Confirmatory Order.
    4e. Ensuring at least two meetings are held per calendar year in 
2017 and 2018.
    5. The conditions of this order are binding upon the successors 
and assigns of Entergy.
    The Regional Administrator, Region III, may, in writing, relax 
or rescind any of the above conditions upon demonstration by the 
Licensee of good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Entergy may request a hearing within 30 days of the issuance 
date of this Confirmatory Order. Where good cause is shown, 
consideration will be given to extending the time to request a 
hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion 
or other document filed in the proceeding prior to the submission of 
a request for hearing or petition to intervene, and documents filed 
by interested governmental entities participating under 10 CFR 
2.315(c), must be filed in accordance with the NRC's E-Filing rule 
(72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3, 
2012 (codified in pertinent part at 10 CFR part 2, subpart C). The 
E-Filing process requires participants to submit and serve all 
adjudicatory documents over the internet, or in some cases to mail 
copies on electronic storage media. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at 
[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 
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 
System (EIE), users will be required to install a Web browser plug-
in from the NRC Web site. Further information on the Web-based 
submission form, including the installation of the Web browser plug-
in, is available on the NRC's public Web site at 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's 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 (ET) on the due date. Upon receipt of a transmission, the E-
Filing system time-stamps the document and sends the submitter an 
email notice confirming receipt of the document. The E-Filing system 
also distributes an email notice that provides access to the 
document to the NRC's Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, any others 
who wish to participate in the proceeding (or their counsel or 
representative) must apply for and receive a digital ID certificate 
before a hearing request/petition to intervene is filed so that they 
can obtain access to the document via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 
p.m., ET, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, 
in accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, 
or by courier, express mail, or expedited delivery service upon 
depositing the document with the provider of the service. A 
presiding officer, having granted a

[[Page 32800]]

request for exemption from using E-Filing, may require a participant 
or party to use E-Filing if the presiding officer subsequently 
determines that the reason for granting the exemption from use of E-
Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
the NRC's electronic hearing docket, which is available to the 
public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an 
order of the Commission or the presiding officer. Participants are 
requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in 
their filings, unless an NRC regulation or other law requires 
submission of such information. However, in some instances, a 
request to intervene will require including information on local 
residence in order to demonstrate a proximity assertion of interest 
in the proceeding. With respect to copyrighted works, participants 
are requested not to include copyrighted materials in their 
submission, except for limited excerpts that serve the purpose of 
the adjudicatory filings and would constitute a Fair Use 
application.
    If a person other than the Licensee requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Confirmatory Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is 
adversely affected, the Commission will issue a separate Order 
designating the time and place of any hearings, as appropriate. If a 
hearing is held, the issue to be considered at such hearing shall be 
whether this Confirmatory Order should be sustained.
    In the absence of any request for hearing, or written approval 
of an extension of time in which to request a hearing, the 
provisions specified in Section V above shall be final 30 days after 
issuance of the Confirmatory Order without further order or 
proceedings. If an extension of time for requesting a hearing has 
been approved, the provisions specified in Section V shall be final 
when the extension expires if a hearing request has not been 
received.
    Dated at Lisle, Illinois this 16 day of May, 2016.

    For the Nuclear Regulatory Commission.

Cynthia D. Pederson,

Regional Administrator.

ALL POWER REACTOR LICENSEES OWNED AND OPERATED BY ENTERGY NUCLEAR 
OPERATIONS, INC.; ENTERGY OPERATIONS, INC.; AND ENTERGY NUCLEAR 
GENERATION COMPANY

Arkansas Nuclear One. Units 1 and 2
Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6

Mr. Jeremy Browning, Site Vice President
Arkansas Nuclear One Entergy Operations, Inc.
1448 SR 333
Russellville, AR 72802-0967

Grand Gulf Nuclear Station
Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29

Mr. Kevin Mulligan, Site Vice President
Entergy Operations, Inc.
Grand Gulf Nuclear Station
P.O. Box 756
Port Gibson, MS 39150

Indian Point Nuclear Generating, Units 2 and 3
Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64

Mr. Larry Coyle, Site Vice President
Entergy Nuclear Operations, Inc.
Indian Point Energy Center
450 Broadway, GSB
Buchanan, NY 10511-0249

James A FitzPatrick Nuclear Power Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-333
License No. DPR-59

Mr. Brian Sullivan, Site Vice President
Entergy Nuclear Operations, Inc.
James A FitzPatrick Nuclear Power Plant
P.O. Box 110
Lycoming, NY 13093

Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
Docket No. 50-255
License No. DPR-20

Mr. Anthony Vitale, Vice President, Operations
Entergy Nuclear Operations, Inc.
Palisades Nuclear Plant
27780 Blue Star Memorial Highway
Covert, Ml 49043

Pilgrim Nuclear Power Station
Entergy Nuclear Generation Company
Docket No. 50-293
License No. DPR-35

Mr. John Dent, Site Vice President
Entergy Nuclear Operations Inc.
Pilgrim Nuclear Power Station
600 Rocky Hill Road
Plymouth, MA 02360-5508

River Bend Station
Entergy Operations, Inc.
Docket No. 50-458
License No. NPF-47

Mr. Eric W. Olson, Site Vice President
Entergy Operations, Inc.
River Bend Station
5485 US Highway 61 N
St. Francisville, LA 70775

Vermont Yankee Nuclear Power Station
Entergy Nuclear Operations, Inc.
Docket No. 50-271
License No. DPR-28

Mr. Christopher Wamser, Site Vice President
Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station
P. O. Box 250
Vernon, VT 05354

Waterford Steam Electric Station. Unit 3
Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38

Mr. Michael R. Chisum, Site Vice President
Entergy Operations, Inc.
Waterford Steam Electric Station
17265 River Road
Killona, LA 70057-0751

[FR Doc. 2016-12193 Filed 5-23-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices                                                32797

                                                NUCLEAR REGULATORY                                      1–800–397–4209, 301–415–4737, or by                   Information.’’ The Office of Investigations
                                                COMMISSION                                              email to pdr.resource@nrc.gov. The                    completed its investigation on March 10,
                                                                                                        ADAMS accession number for each                       2015, and the NRC provided a factual
                                                [EA–15–039; NRC–2016–0104]                                                                                    summary of the investigation in a letter to
                                                                                                        document referenced (if it is available in
                                                                                                                                                              Entergy dated February 22, 2016
                                                In the Matter of Entergy Nuclear                        ADAMS) is provided the first time that                (Agencywide Documents Access and
                                                Operations, Inc., Palisades Nuclear                     it is mentioned in this document.                     Management System (ADAMS) Accession
                                                Plant                                                      • NRC’s PDR: You may examine and                   No. ML16053A472). Based on the review of
                                                                                                        purchase copies of public documents at                the OI investigation report, the NRC
                                                AGENCY: Nuclear Regulatory                              the NRC’s PDR, Room O1–F21, One                       determined that four Palisades employees
                                                Commission.                                             White Flint North, 11555 Rockville                    willfully violated 10 CFR part 50, Appendix
                                                ACTION: Order; issuance.                                Pike, Rockville, Maryland 20852.                      B, Criterion V, ‘‘Instructions, Procedures, and
                                                                                                                                                              Drawings,’’ by failing to comply with the
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                SUMMARY:   The U.S. Nuclear Regulatory                                                                        Palisades corrective action program
                                                                                                        Magdalena Gryglak, Region III, U.S.                   procedure. The NRC also determined that
                                                Commission (NRC) is issuing a                           Nuclear Regulatory Commission, Lisle,                 Entergy violated 10 CFR part 50, Appendix
                                                Confirmatory Order to Entergy Nuclear                   Illinois, 60532; telephone: 630–810–                  B, Criterion V, ‘‘Instructions, Procedures, and
                                                Operations, Inc. (Entergy), confirming                  4372, email: Magdalena.Gryglak@                       Drawings,’’ based on an inadequate
                                                agreements reached in an Alternative                    nrc.gov.                                              operability determination. In addition, the
                                                Dispute Resolution Session held on                                                                            NRC found that Entergy violated Technical
                                                                                                        SUPPLEMENTARY INFORMATION: The text of
                                                March 25, 2016. As part of the                                                                                Specifications (TS), Surveillance
                                                agreement, Entergy will take a number                   the Order is attached.                                Requirement (SR) 3.0.3 by not performing
                                                of actions, including: (1) Developing a                   Dated at Lisle, Illinois this 16 day of May,        either a missed surveillance test within 24
                                                case study pertaining to the leakage of                 2016.                                                 hours from identification or a risk evaluation
                                                                                                          For the Nuclear Regulatory Commission.              to complete the surveillance at a later time.
                                                the Safety Injection Refueling Water                                                                             More specifically, on May 18, 2011,
                                                Tank at the Palisades Nuclear Plant and                 Cynthia D. Pederson,                                  Palisades employees initiated Condition
                                                training site personnel with an                         Regional Administrator.                               Report (CR) PLP–2011–02491 when leakage
                                                emphasis on lessons learned from the                                                                          from the ceiling in the Palisades main control
                                                event; (2) sharing facts and lessons                    Attachment—Confirmatory Order
                                                                                                                                                              room was identified following heavy rains in
                                                learned with the Entergy Fleet and other                Modifying License                                     the area. Based on the evidence gathered
                                                reactor licensees; (3) reviewing and                    UNITED STATES OF AMERICA NUCLEAR                      during the OI investigation, the NRC
                                                revising the Entergy corrective action                  REGULATORY COMMISSION                                 determined that four Palisades employees
                                                and operability determination                                                                                 willfully violated NRC requirements by
                                                                                                        In the Matter of
                                                                                                                                                              failing to enter a condition adverse to quality
                                                procedures to ensure indeterminate                      All POWER REACTOR LICENSEES OWNED                     into Palisades’ corrective action program,
                                                and/or changing conditions are                            AND OPERATED BY                                     after they either initiated or received emails
                                                addressed, and (4) modifying the                        ENTERGY NUCLEAR OPERATIONS, INC.;                     that concluded with high certainty that the
                                                current outreach program at Palisades to                  ENTERGY OPERATIONS, INC.; AND                       SIRWT or associated piping was the source
                                                include wide audience and discussions                     ENTERGY NUCLEAR GENERATION                          of the leakage. Their actions caused Entergy
                                                of the event, plant safety, and current                   COMPANY                                             to be in violation of 10 CFR part 50,
                                                                                                        EA–15–039                                             Appendix B, Criterion V, ‘‘Instructions,
                                                operations.
                                                                                                        Docket Nos. (Attachment 1)                            Procedures, and Drawings,’’ and Procedure
                                                DATES:   Effective Date: June 16, 2016.                 Licensed Nos. (Attachment 1)                          EN–LI–102, ‘‘Corrective Action Process,’’
                                                ADDRESSES:    Please refer to Docket ID                 CONFIRMATORY ORDER MODIFYING                          Revision 16, which requires employees to
                                                NRC–2016–0104 when contacting the                       LICENSE                                               promptly identify and initiate CRs for
                                                NRC about the availability of                                                                                 conditions adverse to quality.
                                                                                                        I                                                        On June 2, 2011, Entergy performed a
                                                information regarding this document.
                                                You may obtain publicly-available                          Entergy Nuclear Operations, Inc. (Entergy)         direct visual inspection of the catacombs, an
                                                                                                        is the holder of Reactor Operating License            area directly above the control room and
                                                information related to this document                                                                          below the SIRWT, to look for sources of
                                                                                                        No. DPR–20 issued by the U.S. Nuclear
                                                using any of the following methods:                     Regulatory Commission (NRC or                         leakage. As a result of the inspection,
                                                   • Federal Rulemaking Web site: Go to                 Commission) pursuant to Title 10 of the Code          Palisades identified an active flange leak on
                                                http://www.regulations.gov and search                   of Federal Regulations (10 CFR) Part 50 on            a 3-inch SIRWT piping flange (CR PLP–2011–
                                                for Docket ID NRC–2016–0104. Address                    March 24, 1971, and renewed on January 17,            02738) and an active leak from the catacombs
                                                questions about NRC dockets to Carol                    2007. The license authorizes the operation of         ceiling (CR PLP–2011–02740). The NRC
                                                Gallagher; telephone: 301–415–3463;                     the Palisades Nuclear Plant (Palisades) in            determined that Entergy violated NRC
                                                email: Carol.Gallagher@nrc.gov. For                     accordance with conditions specified therein.         requirements by failing to perform an
                                                technical questions, contact the                        The facility is located on Entergy’s site in          operability determination for the catacombs
                                                                                                        Covert, Michigan.                                     ceiling leak. Additionally, Entergy failed to
                                                individual listed in the FOR FURTHER
                                                                                                           This Confirmatory Order is the result of an        perform an engineering evaluation for the
                                                INFORMATION CONTACT section of this                                                                           SIRWT when Palisades staff identified active
                                                                                                        agreement reached during an Alternative
                                                document.                                               Dispute Resolution (ADR) mediation session            boric acid leakage from a safety injection
                                                   • NRC’s Agencywide Documents                         conducted on March 25, 2016.                          flange with carbon steel bolts. These failures
                                                Access and Management System                                                                                  caused Entergy to be in violation of 10 CFR
                                                (ADAMS): You may obtain publicly-                       II                                                    part 50, Appendix B, Criterion V,
                                                available documents online in the                          On June 25, 2012, the NRC Office of                ‘‘Instructions, Procedures, and Drawings,’’
                                                ADAMS Public Documents collection at                    Investigations (OI), Region III Field Office          and Procedure EN–OP–104, ‘‘Operability
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                                                http://www.nrc.gov/reading-rm/                          initiated an investigation (OI Case No. 3–            Determination Process,’’ Revision 5, which
                                                                                                        2012–021) to determine whether personnel at           required Entergy to assess operability when
                                                adams.html. To begin the search, select
                                                                                                        Palisades deliberately failed to provide              degraded conditions affecting structures,
                                                ‘‘ADAMS Public Documents’’ and then                     complete and accurate information to the              systems, and components, were identified.
                                                select ‘‘Begin Web-based ADAMS                          NRC regarding a potential leak in the Safety             The NRC also determined Entergy to be in
                                                Search.’’ For problems with ADAMS,                      Injection Refueling Water Tank (SIRWT),               violation of Palisades TS, SR 3.0.3, which
                                                please contact the NRC’s Public                         thereby violating 10 CFR 50.9,                        required it to either perform a missed
                                                Document Room (PDR) reference staff at                  ‘‘Completeness and Accuracy of                        surveillance test within 24 hours or a risk



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                                                32798                          Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices

                                                evaluation for any surveillance delayed                 leadership training; licensed and non-                   In exchange for Entergy fulfilling its
                                                greater than 24 hours. Specifically, when               licensed operators during routine                     commitments under this Confirmatory Order,
                                                Entergy identified surveillance procedure               requalification training; engineering                 and for the corrective actions Entergy has
                                                RT–71M, the surveillance to conduct the                 personnel during routine Engineering                  already taken, the NRC agreed to the
                                                American Society of Mechanical Engineers                Support Personnel training; and chemistry,            following conditions:
                                                inservice pressure test of the SIRWT and                radiation protection, and maintenance                    1. The NRC will consider this Confirmatory
                                                associated piping, had not been performed               personnel during continuing training. This            Order as an escalated enforcement action for
                                                within its required schedule, Entergy failed            training will include long-term contractor            a period of one year from its effective date.
                                                to perform the test within 24 hours from                personnel who would normally attend.                     2. The NRC will refrain from issuing a
                                                identification or perform a risk evaluation to             2c. No later than December 31, 2017, the           Notice of Violation and proposing a civil
                                                complete the surveillance at a later time.              Entergy Safety Review Committee, Oversight            penalty for the apparent violations described
                                                  Entergy accepted the NRC’s offer of ADR to            Subcommittee, will report to the Entergy              in the NRC letter to Entergy dated February
                                                resolve differences it had with the NRC over            Chief Nuclear Officer on the effectiveness of         22, 2016.
                                                the results of the investigation and these              the training in item 2b. Upon completion of              On May 5, 2016, Entergy consented to
                                                apparent violations. Alternative Dispute                the report, Entergy will notify in writing the        issuing this Confirmatory Order with the
                                                Resolution is a process in which a neutral              Director, Division of Reactor Projects, NRC           commitments described in Section V. Entergy
                                                mediator with no decision-making authority              Region III, and make the report available to          further agreed that this Confirmatory Order is
                                                assists the parties in reaching an agreement            the NRC for inspection.                               to be effective 30 calendar days after issuance
                                                on resolving any differences regarding the                 3. Entergy will share lessons learned from         and waived its right to a hearing on the
                                                dispute. On March 25, 2016, Entergy and the             this matter with other reactor licensees:             Confirmatory Order.
                                                NRC met in an ADR session mediated by a                    3a. Within 180 days of completion of item
                                                professional mediator, arranged through                 2a., Entergy will present the lessons learned         IV
                                                Cornell University’s Institute on Conflict              from the case study to the Entergy fleet in              Since the Entergy agrees to take additional
                                                Resolution.                                             Inside Entergy.                                       actions to address NRC concerns, as set forth
                                                  Prior to the NRC’s offer to engage in ADR,               3b. Within 360 days of completion of item          in Section III above, the NRC concludes that
                                                Entergy had already taken several corrective            2a., Entergy will present the lessons learned         its concerns can be resolved through issuance
                                                                                                        from the case study at: (1) A Regional Utility
                                                actions, including (but not limited to): (1)                                                                  of this Confirmatory Order.
                                                                                                        Group meeting in each of the NRC Regions
                                                repair of the SIRWT; (2) waterproofing the                                                                       I find that Entergy’s commitments set forth
                                                                                                        that Entergy operates; and (2) a suitable
                                                concrete support structure below the SIRWT                                                                    in Section V are acceptable and necessary,
                                                                                                        industry-wide forum such as the Nuclear
                                                nozzles; (3) changes to management and                                                                        and I conclude that with these commitments
                                                                                                        Energy Institute Licensing Forum.
                                                other personnel at the station; (4) addressing             3c. Entergy will notify in writing the             the public health and safety are reasonably
                                                safety culture by training site personnel,              Director, Division of Reactor Projects, NRC           assured. In view of the foregoing, I have
                                                increasing leadership communication of                  Region III, at least 30 days prior to any             determined that public health and safety
                                                safety culture expectations, and completing             scheduled presentation under item 3b, and             require that Entergy’s commitments be
                                                an independent third party assessment of                make the presentation materials available for         confirmed by this Confirmatory Order. Based
                                                safety culture; and (5) implementing a                  NRC review.                                           on the above and based on Entergy’s consent,
                                                Recovery Plan at Palisades to strengthen                   3d. No later than December 31, 2017,               this Confirmatory Order is effective 30
                                                safety culture, the corrective action program,          Entergy will affirm in writing to the Director,       calendar days after issuance.
                                                and leadership effectiveness.                           Division of Reactor Projects, NRC Region III,         V
                                                III                                                     that the presentations in items 3a. and 3b.
                                                                                                        were conducted.                                          Accordingly, pursuant to Sections 104b,
                                                   During the ADR session, the NRC and                     4. Within 360 days of the effective date of        161b, 161i, 161o, 182, and 186 of the Atomic
                                                Entergy reached a preliminary settlement                the Confirmatory Order, Entergy will review           Energy Act of 1954, as amended, and the
                                                agreement. The NRC is issuing this                      Procedure EN–OP–104, ‘‘Operability                    Commission’s regulations in 10 CFR 2.202,
                                                Confirmatory Order pursuant to the                      Determination Process,’’ and Procedure EN–            and 10 CFR part 50, IT IS HEREBY ORDERED
                                                agreement reached during the ADR process.               LI–102, ‘‘Corrective Action Process,’’ in light       THAT:
                                                The elements of the agreement, as signed by             of the lessons learned from events associated            1. Entergy will ensure site personnel
                                                both parties, consist of the following:                 with leakage of the SIRWT and revise these            understand lessons learned from this matter:
                                                   1. Entergy does not believe that any of the          procedures as appropriate. In particular, the            1a. Within 180 days of the effective date of
                                                above violations were committed willfully,              review will evaluate the adequacy of those            the Confirmatory Order, Entergy will develop
                                                but rather were the product of deficiencies in          procedures to address indeterminate and/or            a case study with the participation of key
                                                the organizational safety culture that existed          changing conditions. Upon completion of the           personnel in operations, chemistry, radiation
                                                at the time those violations occurred. The              procedure reviews and applicable revisions,           protection, and engineering, addressing
                                                parties agreed to disagree on the issue of              Entergy will notify in writing the Director,          lessons learned from the events that gave rise
                                                willfulness.                                            Division of Reactor Projects, NRC Region III,         to the Confirmatory Order. The case study
                                                   2. Entergy will ensure site personnel                and make the procedures available to the              will include applicable safety culture traits,
                                                understand lessons learned from this matter:            NRC for inspection.                                   including the importance of conservative
                                                   2a. Within 180 days of the effective date of            5. Entergy will modify its current program         decisionmaking; going forward in the face of
                                                the Confirmatory Order, Entergy will develop            of public outreach at Palisades. The                  uncertainty; the need for nuclear personnel
                                                a case study with the participation of key              modifications will include, at a minimum:             to demonstrate a questioning attitude; and
                                                personnel in operations, chemistry, radiation              5a. Ensuring key stakeholders, including           the threshold for initiating corrective action
                                                protection, and engineering, addressing                 Federal, State, and local government officials,       documents, especially when dealing with
                                                lessons learned from the events that gave rise          non-government organizations interested in            indeterminate and/or changing conditions.
                                                to the Confirmatory Order. The case study               Palisades, and members of the local                      1b. Within 180 days of the completion of
                                                will include applicable safety culture traits,          community, are invited to the meetings.               item 1a., Entergy will present the case study
                                                including the importance of conservative                   5b. Ensuring the subject of each meeting           to the Palisades site leadership team (first-
                                                decisionmaking; going forward in the face of            includes plant safety and operations.                 line supervisors and above) during focused
                                                uncertainty; the need for nuclear personnel                5c. Ensuring the format of the meeting             leadership training; licensed and non-
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                                                to demonstrate a questioning attitude; and              permits the audience to raise questions, such         licensed operators during routine
                                                the threshold for initiating corrective action          as in a town hall environment.                        requalification training; engineering
                                                documents, especially when dealing with                    5d. Ensuring at least one meeting is held          personnel during routine Engineering
                                                indeterminate and/or changing conditions.               no later than December 31, 2016, which will           Support Personnel training; and chemistry,
                                                   2b. Within 180 days of the completion of             address the events that led to this                   radiation protection, and maintenance
                                                item 2a., Entergy will present the case study           Confirmatory Order.                                   personnel during continuing training. This
                                                to the Palisades site leadership team (first-              5e. Ensuring at least two meetings are held        training will include long-term contractor
                                                line supervisors and above) during focused              per calendar year in 2017 and 2018.                   personnel who would normally attend.



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                                                                               Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices                                                 32799

                                                   1c. No later than December 31, 2017, the             VI                                                    plug-in from the NRC Web site. Further
                                                Entergy Safety Review Committee, Oversight                 Any person adversely affected by this              information on the Web-based submission
                                                Subcommittee, will report to the Entergy                Confirmatory Order, other than Entergy may            form, including the installation of the Web
                                                Chief Nuclear Officer on the effectiveness of           request a hearing within 30 days of the               browser plug-in, is available on the NRC’s
                                                the training in item 1b. Upon completion of             issuance date of this Confirmatory Order.             public Web site at http://www.nrc.gov/site-
                                                the report, Entergy will notify in writing the          Where good cause is shown, consideration              help/e-submittals.html.
                                                Director, Division of Reactor Projects, NRC             will be given to extending the time to request           Once a participant has obtained a digital ID
                                                Region III, and make the report available to            a hearing. A request for extension of time            certificate and a docket has been created, the
                                                the NRC for inspection.                                 must be directed to the Director, Office of           participant can then submit a request for
                                                   2. Entergy will share lessons learned from           Enforcement, U.S. Nuclear Regulatory                  hearing or petition for leave to intervene
                                                                                                        Commission, and include a statement of good           through the EIE. Submissions should be in
                                                this matter with other reactor licensees:
                                                                                                        cause for the extension.                              Portable Document Format (PDF) in
                                                   2a. Within 180 days of completion of item
                                                                                                           All documents filed in NRC adjudicatory            accordance with NRC guidance available on
                                                1a., Entergy will present the lessons learned                                                                 the NRC’s public Web site at http://
                                                from the case study to the Entergy fleet in             proceedings, including a request for hearing,
                                                                                                        a petition for leave to intervene, any motion         www.nrc.gov/site-help/e-submittals.html. A
                                                Inside Entergy.                                                                                               filing is considered complete at the time the
                                                   2b. Within 360 days of completion of item            or other document filed in the proceeding
                                                                                                        prior to the submission of a request for              documents are submitted through the NRC’s
                                                1a., Entergy will present the lessons learned                                                                 E-Filing system. To be timely, an electronic
                                                from the case study at: (1) A Regional Utility          hearing or petition to intervene, and
                                                                                                        documents filed by interested governmental            filing must be submitted to the E-Filing
                                                Group meeting in each of the NRC Regions                                                                      system no later than 11:59 p.m. Eastern Time
                                                                                                        entities participating under 10 CFR 2.315(c),
                                                that Entergy operates; and (2) a suitable                                                                     (ET) on the due date. Upon receipt of a
                                                                                                        must be filed in accordance with the NRC’s
                                                industry-wide forum such as the Nuclear                                                                       transmission, the E-Filing system time-
                                                                                                        E-Filing rule (72 FR 49139; August 28, 2007),
                                                Energy Institute Licensing Forum.                                                                             stamps the document and sends the
                                                                                                        as amended by 77 FR 46562; August 3, 2012
                                                   2c. Entergy will notify in writing the               (codified in pertinent part at 10 CFR part 2,         submitter an email notice confirming receipt
                                                Director, Division of Reactor Projects, NRC             subpart C). The E-Filing process requires             of the document. The E-Filing system also
                                                Region III, at least 30 days prior to any               participants to submit and serve all                  distributes an email notice that provides
                                                scheduled presentation under item 2b. and               adjudicatory documents over the internet, or          access to the document to the NRC’s Office
                                                make the presentation materials available for           in some cases to mail copies on electronic            of the General Counsel and any others who
                                                NRC review.                                             storage media. Participants may not submit            have advised the Office of the Secretary that
                                                   2d. No later than December 31, 2017,                 paper copies of their filings unless they seek        they wish to participate in the proceeding, so
                                                Entergy will affirm in writing to the Director,         an exemption in accordance with the                   that the filer need not serve the documents
                                                Division of Reactor Projects, NRC Region III,           procedures described below.                           on those participants separately. Therefore,
                                                that the presentations in items 2a. and 2b.                To comply with the procedural                      any others who wish to participate in the
                                                were conducted.                                         requirements of E-Filing, at least ten (10)           proceeding (or their counsel or
                                                   3. Within 360 days of the effective date of          days prior to the filing deadline, the                representative) must apply for and receive a
                                                the Confirmatory Order, Entergy will review             participant should contact the Office of the          digital ID certificate before a hearing request/
                                                Procedure EN–OP–104, ‘‘Operability                      Secretary by email at hearing.docket@                 petition to intervene is filed so that they can
                                                Determination Process,’’ and Procedure EN–              nrc.gov, or by telephone at 301–415–1677, to          obtain access to the document via the E-
                                                LI–102, ‘‘Corrective Action Process,’’ in light         (1) request a digital identification (ID)             Filing system.
                                                of the lessons learned from events associated           certificate, which allows the participant (or            A person filing electronically using the
                                                with leakage of the SIRWT and revise these              its counsel or representative) to digitally sign      NRC’s adjudicatory E-Filing system may seek
                                                procedures as appropriate. In particular, the           documents and access the E-Submittal server           assistance by contacting the NRC Meta
                                                review will evaluate the adequacy of those              for any proceeding in which it is                     System Help Desk through the ‘‘Contact Us’’
                                                procedures to address indeterminate and/or              participating; and (2) advise the Secretary           link located on the NRC’s Web site at http://
                                                changing conditions. Upon completion of the             that the participant will be submitting a             www.nrc.gov/site-help/e-submittals.html, by
                                                procedure reviews and applicable revisions,             request or petition for hearing (even in              email at MSHD.Resource@nrc.gov, or by a
                                                Entergy will notify in writing the Director,            instances in which the participant, or its            toll-free call at (866) 672–7640. The NRC
                                                Division of Reactor Projects, NRC Region III,           counsel or representative, already holds an           Meta System Help Desk is available between
                                                                                                        NRC-issued digital ID certificate). Based             8:00 a.m. and 8:00 p.m., ET, Monday through
                                                and make the procedures available to the
                                                                                                        upon this information, the Secretary will             Friday, excluding government holidays.
                                                NRC for inspection.
                                                                                                        establish an electronic docket for the hearing           Participants who believe that they have a
                                                   4. Entergy will modify its current program
                                                                                                        in this proceeding if the Secretary has not           good cause for not submitting documents
                                                of public outreach at Palisades. The
                                                                                                        already established an electronic docket.             electronically must file an exemption
                                                modifications will include, at a minimum:
                                                                                                           Information about applying for a digital ID        request, in accordance with 10 CFR 2.302(g),
                                                   4a. Ensuring key stakeholders, including                                                                   with their initial paper filing requesting
                                                                                                        certificate is available on NRC’s public Web
                                                Federal, State, and local government officials,         site at http://www.nrc.gov/site-help/e-               authorization to continue to submit
                                                non-government organizations interested in              submittals.html. System requirements for              documents in paper format. Such filings
                                                Palisades, and members of the local                     accessing the E-Submittal server are detailed         must be submitted by: (1) First class mail
                                                community are invited to the meetings.                  in NRC’s ‘‘Guidance for Electronic                    addressed to the Office of the Secretary of the
                                                   4b. Ensuring the subject of each meeting             Submission,’’ which is available on the               Commission, U.S. Nuclear Regulatory
                                                includes plant safety and operations.                   agency’s public Web site at http://                   Commission, Washington, DC 20555–0001,
                                                   4c. Ensuring the format of the meetings              www.nrc.gov/site-help/e-submittals.html.              Attention: Rulemaking and Adjudications
                                                permits the audience to raise questions, such           Participants may attempt to use other                 Staff; or (2) courier, express mail, or
                                                as in a town hall environment.                          software not listed on the Web site, but              expedited delivery service to the Office of the
                                                   4d. Ensuring at least one meeting is held            should note that the NRC’s E-Filing system            Secretary, Sixteenth Floor, One White Flint
                                                no later than December 31, 2016, which will             does not support unlisted software, and the           North, 11555 Rockville Pike, Rockville,
                                                address the events that led to this                     NRC Meta System Help Desk will not be able            Maryland, 20852, Attention: Rulemaking and
                                                Confirmatory Order.                                     to offer assistance in using unlisted software.       Adjudications Staff. Participants filing a
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                                                   4e. Ensuring at least two meetings are held             If a participant is electronically submitting      document in this manner are responsible for
                                                per calendar year in 2017 and 2018.                     a document to the NRC in accordance with              serving the document on all other
                                                   5. The conditions of this order are binding          the E-Filing rule, the participant must file the      participants. Filing is considered complete
                                                upon the successors and assigns of Entergy.             document using the NRC’s online, Web-based            by first-class mail as of the time of deposit
                                                   The Regional Administrator, Region III,              submission form. In order to serve                    in the mail, or by courier, express mail, or
                                                may, in writing, relax or rescind any of the            documents through the Electronic                      expedited delivery service upon depositing
                                                above conditions upon demonstration by the              Information Exchange System (EIE), users              the document with the provider of the
                                                Licensee of good cause.                                 will be required to install a Web browser             service. A presiding officer, having granted a



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                                                32800                          Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices

                                                request for exemption from using E-Filing,              Docket No. 50–416                                     Killona, LA 70057–0751
                                                may require a participant or party to use E-            License No. NPF–29                                    [FR Doc. 2016–12193 Filed 5–23–16; 8:45 am]
                                                Filing if the presiding officer subsequently            Mr. Kevin Mulligan, Site Vice President               BILLING CODE 7590–01–P
                                                determines that the reason for granting the             Entergy Operations, Inc.
                                                exemption from use of E-Filing no longer                Grand Gulf Nuclear Station
                                                exists.                                                 P.O. Box 756
                                                   Documents submitted in adjudicatory                                                                        NUCLEAR REGULATORY
                                                                                                        Port Gibson, MS 39150
                                                proceedings will appear in the NRC’s                                                                          COMMISSION
                                                electronic hearing docket, which is available           Indian Point Nuclear Generating, Units 2 and
                                                                                                          3                                                   [NRC–2016–0100]
                                                to the public at http://ehd1.nrc.gov/ehd/,
                                                unless excluded pursuant to an order of the             Entergy Nuclear Operations, Inc.
                                                Commission or the presiding officer.                    Docket Nos. 50–247 and 50–286                         Applications and Amendments to
                                                Participants are requested not to include               License Nos. DPR–26 and DPR–64                        Facility Operating Licenses and
                                                personal privacy information, such as social            Mr. Larry Coyle, Site Vice President                  Combined Licenses Involving No
                                                security numbers, home addresses, or home               Entergy Nuclear Operations, Inc.                      Significant Hazards Considerations
                                                phone numbers in their filings, unless an               Indian Point Energy Center
                                                NRC regulation or other law requires                    450 Broadway, GSB
                                                                                                                                                              AGENCY:  Nuclear Regulatory
                                                submission of such information. However, in             Buchanan, NY 10511–0249                               Commission.
                                                some instances, a request to intervene will                                                                   ACTION: Biweekly notice.
                                                                                                        James A FitzPatrick Nuclear Power Plant
                                                require including information on local
                                                                                                        Entergy Nuclear Operations, Inc.
                                                residence in order to demonstrate a                                                                           SUMMARY:   Pursuant to Section 189a. (2)
                                                                                                        Docket No. 50–333
                                                proximity assertion of interest in the                                                                        of the Atomic Energy Act of 1954, as
                                                                                                        License No. DPR–59
                                                proceeding. With respect to copyrighted                                                                       amended (the Act), the U.S. Nuclear
                                                works, participants are requested not to                Mr. Brian Sullivan, Site Vice President
                                                                                                        Entergy Nuclear Operations, Inc.                      Regulatory Commission (NRC) is
                                                include copyrighted materials in their
                                                submission, except for limited excerpts that            James A FitzPatrick Nuclear Power Plant               publishing this regular biweekly notice.
                                                serve the purpose of the adjudicatory filings           P.O. Box 110                                          The Act requires the Commission to
                                                and would constitute a Fair Use application.            Lycoming, NY 13093                                    publish notice of any amendments
                                                   If a person other than the Licensee requests         Palisades Nuclear Plant                               issued, or proposed to be issued, and
                                                a hearing, that person shall set forth with             Entergy Nuclear Operations, Inc.                      grants the Commission the authority to
                                                particularity the manner in which his interest          Docket No. 50–255                                     issue and make immediately effective
                                                is adversely affected by this Confirmatory              License No. DPR–20                                    any amendment to an operating license
                                                Order and shall address the criteria set forth          Mr. Anthony Vitale, Vice President,                   or combined license, as applicable,
                                                in 10 CFR 2.309(d) and (f).
                                                                                                          Operations                                          upon a determination by the
                                                   If a hearing is requested by a person whose
                                                interest is adversely affected, the
                                                                                                        Entergy Nuclear Operations, Inc.                      Commission that such amendment
                                                                                                        Palisades Nuclear Plant                               involves no significant hazards
                                                Commission will issue a separate Order
                                                                                                        27780 Blue Star Memorial Highway                      consideration, notwithstanding the
                                                designating the time and place of any
                                                                                                        Covert, Ml 49043                                      pendency before the Commission of a
                                                hearings, as appropriate. If a hearing is held,
                                                the issue to be considered at such hearing              Pilgrim Nuclear Power Station                         request for a hearing from any person.
                                                shall be whether this Confirmatory Order                Entergy Nuclear Generation Company                       This biweekly notice includes all
                                                should be sustained.                                    Docket No. 50–293                                     notices of amendments issued, or
                                                   In the absence of any request for hearing,           License No. DPR–35
                                                                                                                                                              proposed to be issued from April 26,
                                                or written approval of an extension of time             Mr. John Dent, Site Vice President                    2016, to May 9, 2016. The last biweekly
                                                in which to request a hearing, the provisions           Entergy Nuclear Operations Inc.
                                                specified in Section V above shall be final 30                                                                notice was published on May 10, 2016
                                                                                                        Pilgrim Nuclear Power Station
                                                days after issuance of the Confirmatory Order                                                                 (81 FR 28891).
                                                                                                        600 Rocky Hill Road
                                                without further order or proceedings. If an             Plymouth, MA 02360–5508                               DATES: Comments must be filed by June
                                                extension of time for requesting a hearing has          River Bend Station                                    23, 2016. A request for a hearing must
                                                been approved, the provisions specified in                                                                    be filed by July 25, 2016.
                                                                                                        Entergy Operations, Inc.
                                                Section V shall be final when the extension
                                                                                                        Docket No. 50–458                                     ADDRESSES: You may submit comments
                                                expires if a hearing request has not been
                                                                                                        License No. NPF–47                                    by any of the following methods (unless
                                                received.
                                                   Dated at Lisle, Illinois this 16 day of May,         Mr. Eric W. Olson, Site Vice President                this document describes a different
                                                2016.                                                   Entergy Operations, Inc.                              method for submitting comments on a
                                                   For the Nuclear Regulatory Commission.               River Bend Station                                    specific subject):
                                                Cynthia D. Pederson,
                                                                                                        5485 US Highway 61 N                                     • Federal Rulemaking Web site: Go to
                                                                                                        St. Francisville, LA 70775                            http://www.regulations.gov and search
                                                Regional Administrator.                                 Vermont Yankee Nuclear Power Station                  for Docket ID NRC–2016–0100. Address
                                                ALL POWER REACTOR LICENSEES                             Entergy Nuclear Operations, Inc.                      questions about NRC dockets to Carol
                                                OWNED AND OPERATED BY ENTERGY                           Docket No. 50–271                                     Gallagher; telephone: 301–415–3463;
                                                NUCLEAR OPERATIONS, INC.; ENTERGY                       License No. DPR–28
                                                                                                                                                              email: Carol.Gallagher@nrc.gov. For
                                                OPERATIONS, INC.; AND ENTERGY                           Mr. Christopher Wamser, Site Vice President
                                                NUCLEAR GENERATION COMPANY                                                                                    technical questions, contact the
                                                                                                        Entergy Nuclear Operations, Inc.
                                                                                                                                                              individual listed in the FOR FURTHER
                                                Arkansas Nuclear One. Units 1 and 2                     Vermont Yankee Nuclear Power Station
                                                                                                                                                              INFORMATION CONTACT section of this
                                                Entergy Operations, Inc.                                P. O. Box 250
                                                Docket Nos. 50–313, 50–368                              Vernon, VT 05354                                      document.
                                                                                                                                                                 • Mail comments to: Cindy Bladey,
sradovich on DSK3TPTVN1PROD with NOTICES




                                                License Nos. DRP–51; NPF–6                              Waterford Steam Electric Station. Unit 3
                                                Mr. Jeremy Browning, Site Vice President                Entergy Operations, Inc.                              Office of Administration, Mail Stop:
                                                Arkansas Nuclear One Entergy Operations,                Docket No. 50–382                                     OWFN–12–H08, U.S. Nuclear
                                                  Inc.                                                  License No. NPF–38                                    Regulatory Commission, Washington,
                                                1448 SR 333                                             Mr. Michael R. Chisum, Site Vice President            DC 20555–0001.
                                                Russellville, AR 72802–0967                             Entergy Operations, Inc.                                 For additional direction on obtaining
                                                Grand Gulf Nuclear Station                              Waterford Steam Electric Station                      information and submitting comments,
                                                Entergy Operations, Inc.                                17265 River Road                                      see ‘‘Obtaining Information and


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Document Created: 2016-05-24 05:22:19
Document Modified: 2016-05-24 05:22:19
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
ActionOrder; issuance.
ContactMagdalena Gryglak, Region III, U.S. Nuclear Regulatory Commission, Lisle, Illinois, 60532; telephone: 630- 810-4372, email: [email protected]
FR Citation81 FR 32797 

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