83_FR_14585 83 FR 14520 - In the Matter of Entergy Nuclear Operations, Inc. and Entergy Operations, Inc.; Arkansas Nuclear One, Grand Gulf Nuclear Station, Indian Point Energy Center, Palisades Nuclear Plant, Pilgrim Nuclear Power Station, River Bend Station, and Waterford Steam Electric Station, Unit 3

83 FR 14520 - In the Matter of Entergy Nuclear Operations, Inc. and Entergy Operations, Inc.; Arkansas Nuclear One, Grand Gulf Nuclear Station, Indian Point Energy Center, Palisades Nuclear Plant, Pilgrim Nuclear Power Station, River Bend Station, and Waterford Steam Electric Station, Unit 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range14520-14524
FR Document2018-06819

The U.S. Nuclear Regulatory Commission (NRC) issued a Confirmatory Order to Entergy (Entergy Nuclear Operations, Inc., and Entergy Operations, Inc.) as a result of a successful alternative dispute resolution mediation session. The commitments were made as part of a settlement agreement between Entergy and the U.S. Nuclear Regulatory Commission (NRC) subject to the satisfactory completion of the additional actions Entergy committed to take, as described in the Confirmatory Order. The NRC will not issue a Notice of Violation and will not issue an associated civil penalty for the apparent violations.

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14520-14524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06819]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-313, 50-368, 50-416, 50-247, 50-286, 50-255, 50-293, 
50-458, and 50-382; License Nos. DRP-51, NPF-6, NPF-29, DPR-26, DPR-64, 
DPR-20, DPR-35, NPF-47, and NPF-38; EA-17-132 and EA-17-153; NRC-2018-
0065]


In the Matter of Entergy Nuclear Operations, Inc. and Entergy 
Operations, Inc.; Arkansas Nuclear One, Grand Gulf Nuclear Station, 
Indian Point Energy Center, Palisades Nuclear Plant, Pilgrim Nuclear 
Power Station, River Bend Station, and Waterford Steam Electric 
Station, Unit 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a 
Confirmatory Order to Entergy (Entergy Nuclear Operations, Inc., and 
Entergy Operations, Inc.) as a result of a successful alternative 
dispute resolution mediation session. The commitments were made as part 
of a settlement agreement between Entergy and the U.S. Nuclear 
Regulatory Commission (NRC) subject to the satisfactory completion of 
the additional actions Entergy committed to take, as described in the 
Confirmatory Order. The NRC will not issue a Notice of Violation and 
will not issue an associated civil penalty for the apparent violations.

DATES: The order was issued on March 8, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0065 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0065. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain 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 pdr.resource@nrc.gov. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: G. Michael Vasquez, Region IV, 
telephone: 817-200-1182; email Michael.Vasquez@nrc.gov and John Kramer, 
Region IV, telephone: 817-200-1121; email John.Kramer@nrc.gov. Both are 
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION: 
    The text of the Order is attached.

    Dated at Arlington, Texas, this 29th day of March 2018.

    For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator, Region IV.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

    In the Matter of Power Reactor Facilities Owned and Operated by 
Entergy Nuclear Operations, Inc. and Entergy Operations, Inc.

[[Page 14521]]

Docket Nos. (Attachment 1)

License Nos. (Attachment 1)

EA-17-132

EA-17-153

CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE)

I

    The licensees identified in Attachment 1 to this Confirmatory 
Order hold licenses issued by the U.S. Nuclear Regulatory Commission 
(NRC or Commission) authorizing operation of nuclear power plants in 
accordance with the Atomic Energy Act of 1954, as amended, and Part 
50 of title 10 of the Code of Federal Regulations (10 CFR), 
``Domestic Licensing of Production and Utilization Facilities.''
    The term ``Entergy fleet'' or ``fleet'' refers to all nuclear 
power plants identified in Attachment 1 to this Confirmatory Order. 
The term ``Entergy'' refers to the following licensees: Entergy 
Operations, Inc. and Entergy Nuclear Operations, Inc. The term 
``willful violations'' as defined in the NRC Enforcement Policy 
encompasses conduct involving either a careless disregard for 
requirements or a deliberate violation of requirements or 
falsification of information.
    This Confirmatory Order is the result of a preliminary 
settlement agreement reached during an alternative dispute 
resolution (ADR) mediation session conducted on February 6, 2018.

II

    On November 5, 2015, the NRC's Office of Investigations (OI), 
Region IV Field Office, opened an investigation (OI Case 4-2016-004) 
at Entergy's Grand Gulf Nuclear Station to determine whether an 
examination proctor willfully compromised examinations by providing 
inappropriate assistance to trainees. On July 21, 2017, the 
investigation was completed. On March 6, 2017, OI opened an 
investigation (OI Case 4-2017-021) at Entergy's Grand Gulf Nuclear 
Station to determine whether nonlicensed operators willfully failed 
to tour all required areas of their watch station and willfully 
entered inaccurate information into the operator logs. On August 25, 
2017, the investigation was completed.
    Based on the results of the investigations, the NRC identified a 
total of three apparent violations that were being considered for 
escalated enforcement action in accordance with the NRC Enforcement 
Policy, which were documented in NRC letter dated November 20, 2017 
(NRC Inspection Report 05000416/2017014). The apparent violations 
included: (1) a failure to meet 10 CFR 50.120, ``Training and 
qualification of nuclear power plant personnel,'' between January 
and September 2015, in that, an examination proctor inappropriately 
provided assistance on general employee training examinations to 
non-utility (contractor) personnel; (2) a failure to meet 10 CFR 
part 50, Appendix B, Criterion V, ``Instructions, Procedures, and 
Drawings,'' between February and December 2016, in that, three 
nonlicensed operators failed to tour all required areas of their 
watch station; and (3) a failure to meet 10 CFR 50.9, ``Completeness 
and accuracy of information,'' between February and December 2016, 
in that, three nonlicensed operators created inaccurate documents, 
which indicated that their rounds had been performed when they had 
not been completed.
    By letter dated November 20, 2017, the NRC notified Entergy of 
the results of the investigation, informed Entergy that escalated 
enforcement action was being considered for the apparent violations, 
and offered Entergy the opportunity to attend a predecisional 
enforcement conference or to participate in an ADR mediation session 
in an effort to resolve the concerns.
    In response to the NRC's offer, Entergy requested the use of the 
NRC's ADR process to resolve the concerns. On February 6, 2018, the 
NRC and Entergy met in an ADR session mediated by a professional 
mediator arranged through the Cornell University Scheinman Institute 
on Conflict Resolution. The ADR process is one in which a neutral 
mediator, with no decision-making authority, assists the parties in 
reaching an agreement on resolving any differences regarding the 
dispute. This Confirmatory Order is issued pursuant to the agreement 
reached during the ADR process.

III

    During the ADR session held on February 6, 2018, Entergy and the 
NRC reached a preliminary settlement agreement. The elements of the 
agreement include the following:

Violations

    A. The NRC has concluded that deliberate violations of 10 CFR 
50.120 occurred at Grand Gulf Nuclear Station between January and 
September 2015, when general employee training examinations provided 
to non-utility (contractor) personnel were inappropriately 
proctored. In addition, the NRC has concluded that deliberate 
violations of 10 CFR part 50, Appendix B, Criterion V, and 10 CFR 
50.9 occurred between February and December 2016 when three 
nonlicensed operators failed to tour all required areas of their 
watchstation and falsified the rounds for their assigned area. 
Entergy agrees with this conclusion.

Communications with Site Workers

    B. Within 1 month of the issuance date of the Confirmatory 
Order, a licensee senior executive at each Entergy site and the 
corporate nuclear headquarters will communicate with workers the 
circumstances leading to this Confirmatory Order, that willful 
violations will not be tolerated, and, as a result, Entergy will be 
undertaking efforts to confirm whether others are engaging in such 
conduct at any of its sites. The communication will stress the 
importance of procedural adherence, ensuring that documents are 
complete and accurate, and of potential consequences for engaging in 
willful violations. This message will be balanced with the 
recognition that people do make mistakes and when that happens the 
mistake will be identified and documented.
    C. Entergy will conduct semi-annual communications with workers 
in the Entergy fleet reemphasizing its intolerance of willful 
misconduct and updating the workforce on the status of compliance 
with this Confirmatory Order until December 31, 2019. Starting in 
2020, Entergy will conduct annual training emphasizing its 
intolerance of willful misconduct.

Causal Evaluation of Previous Corrective Actions to Deter Willful 
Violations

    D. Within 6 months of the issuance date of the Confirmatory 
Order, Entergy will perform a causal evaluation, informed by site 
evaluations, to determine why prior fleet-wide corrective actions 
from Confirmatory Orders and other willful violations issued after 
January 1, 2009, were not fully successful in preventing or 
minimizing instances of willful misconduct across the fleet. The 
causal evaluation will include the following elements:
    1. Problem identification;
    2. Root cause, extent of condition (including an assessment of 
work groups that perform NRC-regulated activities to determine 
whether those workers are engaging in willful misconduct), and 
extent of cause evaluation;
    3. Corrective actions, with time frame for their completion; and
    4. Safety culture attributes.
    E. Entergy will identify specific criteria necessary to perform 
annual effectiveness reviews of the corrective actions. The annual 
effectiveness reviews will include insights from fleet and 
individual site performance. Entergy will perform annual 
effectiveness reviews for 3 years. Entergy will modify its 
corrective actions, as needed, based on the results of the annual 
effectiveness reviews.
    F. For the Grand Gulf Nuclear Station, the evaluation described 
in Element D will address the three violations which are the subject 
of this ADR mediation session (refer to the NRC's letter dated 
November 20, 2017).
    G. Corrective actions identified as a result of the above 
evaluations will be implemented within 18 months of completion of 
the evaluation unless they involve a plant modification.

Organizational Health Survey

    H. Within 12 months of the issuance date of the Confirmatory 
Order, the Grand Gulf Nuclear Station, as well as all Entergy fleet 
sites, will conduct an organizational health survey developed by a 
third-party and designed, in part, to identify safety culture 
concerns that could contribute to willful misconduct.
    I. A second organizational health survey will be conducted 
within 18 months of completion of the survey in Element H.
    J. If safety culture concerns are identified through the survey, 
Entergy will initiate corrective actions to mitigate the likelihood 
of willful misconduct occurring.

Notifications to the NRC When Actions Are Completed

    K. Within 1 month of completion of Element D, Entergy will 
submit written notification to the appropriate Regional 
Administrators.
    L. By December 31 of each calendar year from 2018 through 2020, 
Entergy will provide in writing to the appropriate Regional 
Administrators a summary of the actions implemented across the fleet 
as a

[[Page 14522]]

result of this Confirmatory Order and the results of any 
effectiveness reviews performed.
    M. Upon completion, Entergy will submit in writing to the Region 
IV Regional Administrator its basis for concluding that the terms of 
the Confirmatory Order have been completed.

NRC Considerations for Future Enforcement Action

    N. This Confirmatory Order does not affect other potential 
future escalated enforcement actions, including ongoing 
investigations by the NRC's Office of Investigations. However, as 
part of its deliberations and consistent with the philosophy of the 
Enforcement Policy, Section 3.3, ``Violations Identified Because of 
Previous Enforcement Action,'' the NRC will consider enforcement 
discretion for violations with similar root causes that occur prior 
to or during implementation of the corrective actions specified in 
the Confirmatory Order.

Administrative Items

    O. The NRC and Entergy agree that the above elements will be 
incorporated into a Confirmatory Order.
    P. The NRC will consider the Confirmatory Order an escalated 
enforcement action with respect to any future enforcement actions.
    Q. In consideration of the elements delineated above, the NRC 
agrees not to issue a Notice of Violation for the violations 
discussed in NRC Inspection Report 05000416/2017014 and NRC 
Investigation Reports 4-2016-004 and 4-2017-021 dated November 20, 
2017, (EA-17-132 and EA-17-153) and not to issue an associated civil 
penalty.
    R. The press release will acknowledge that Entergy Operations, 
Inc., identified the willful violations that are the subject of this 
Confirmatory Order.
    S. This agreement is binding upon successors and assigns of 
Entergy.
    On March 6, 2018, Entergy consented to issuing this Confirmatory 
Order with the commitments, as described in Section V below. Entergy 
further agreed that this Confirmatory Order is to be effective upon 
issuance, the agreement memorialized in this Confirmatory Order 
settles the matter between the parties, and that it has waived its 
right to a hearing.

IV

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

V

    Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR part 50, IT IS 
HEREBY ORDERED, THAT LICENSE NOS. DRP-51; NPF-6, NPF-29, DPR-26, 
DPR-64, DPR-20, DPR-35, NPF-47 and NPF-38 ARE MODIFIED AS FOLLOWS:

Communications with Site Workers

    A. Within 1 month of the issuance date of the Confirmatory 
Order, a licensee senior executive at each Entergy site and the 
corporate nuclear headquarters will communicate with workers the 
circumstances leading to this Confirmatory Order, that willful 
violations will not be tolerated, and, as a result, Entergy will be 
undertaking efforts to confirm whether others are engaging in such 
conduct at any of its sites. The communication will stress the 
importance of procedural adherence, ensuring that documents are 
complete and accurate, and of potential consequences for engaging in 
willful violations. This message will be balanced with the 
recognition that people do make mistakes and when that happens, it 
is Entergy's expectation that its employees and contractors will 
identify and document issues accordingly.
    B. Within 6 months of the completion of Element A, Entergy will 
conduct semi-annual communications with workers in the Entergy fleet 
reemphasizing its intolerance of willful misconduct and updating the 
workforce on the status of compliance with this Confirmatory Order 
until December 31, 2019. Starting in 2020, Entergy will conduct 
annual training emphasizing its intolerance of willful misconduct.

Causal Evaluation of Previous Corrective Actions to Deter Willful 
Violations

    C. Within 6 months of the issuance date of the Confirmatory 
Order, Entergy will perform a causal evaluation, informed by site 
evaluations, to determine why prior fleet-wide corrective actions 
from Confirmatory Orders and other willful violations issued after 
January 1, 2009, were not fully successful in preventing or 
minimizing instances of willful misconduct across the fleet. The 
causal evaluation will include the following elements:
    1. Problem identification;
    2. Root cause, extent of condition (including an assessment of 
work groups that perform NRC regulated activities to determine 
whether those workers are engaging in willful misconduct), and 
extent of cause evaluation;
    3. Corrective actions, with time frame for their completion; and
    4. Safety culture attributes.
    D. Entergy will identify specific criteria necessary to perform 
annual effectiveness reviews of the corrective actions. The annual 
effectiveness reviews will include insights from fleet and 
individual site performance. Entergy will perform annual 
effectiveness reviews for 3 years. Entergy will modify its 
corrective actions, as needed, based on the results of the annual 
effectiveness reviews.
    E. For the Grand Gulf Nuclear Station, the evaluation described 
in Element C will address the three violations that are the subject 
of this ADR mediation session (refer to the NRC's letter dated 
November 20, 2017).
    F. Corrective actions identified as a result of the above 
evaluations will be implemented within 18 months of completion of 
the evaluation unless they involve a plant modification.

Organizational Health Survey

    G. Within 12 months of the issuance date of the Confirmatory 
Order, the Grand Gulf Nuclear Station, as well as all Entergy fleet 
sites, will conduct an organizational health survey developed by a 
third-party and designed, in part, to identify safety culture 
concerns that could contribute to willful misconduct.
    H. A second organizational health survey will be conducted 
within 18 months of completion of the survey in Element G.
    I. If safety culture concerns are identified through the survey, 
Entergy will document and initiate corrective actions within 2 
months of the concern identification to mitigate the likelihood of 
willful misconduct occurring.

Notifications to the NRC When Actions Are Completed

    J. Within 1 month of completion of Element C, Entergy will 
submit written notification to the appropriate Regional 
Administrators.
    K. By December 31 of each calendar year from 2018 through 2020, 
Entergy will provide in writing to the appropriate Regional 
Administrators a summary of the actions implemented across the fleet 
as a result of this Confirmatory Order and the results of any 
effectiveness reviews performed.
    L. Upon completion, Entergy will submit in writing to the Region 
IV Regional Administrator its basis for concluding that the terms of 
the Confirmatory Order have been completed.

NRC Considerations for Future Enforcement Action

    This Confirmatory Order does not affect other potential future 
escalated enforcement actions, including ongoing investigations by 
the NRC's Office of Investigations. However, as part of its 
deliberations and consistent with the tenets of the Enforcement 
Policy, Section 3.3, ``Violations Identified Because of Previous 
Enforcement Action,'' the NRC will consider enforcement discretion 
for violations that meet the criteria for discretion under Section 
3.3 of the Enforcement Policy.

Administrative Items

    This agreement is binding upon successors and assigns of 
Entergy. The NRC will consider the Confirmatory Order an escalated 
enforcement action with respect to any future enforcement actions at 
the Grand Gulf Nuclear Station only. The Regional Administrator, 
Region IV, may, in writing, relax or rescind any of the above 
conditions upon demonstration by Entergy of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by

[[Page 14523]]

this Confirmatory Order, other than Entergy, may request a hearing 
within 30 days of the issuance date of this Confirmatory Order. 
Where good cause is shown, consideration will be given to extending 
the time to request a hearing. A request for extension of time must 
be directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, and include a statement 
of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion 
or other document filed in the proceeding prior to the submission of 
a request for hearing or petition to intervene (hereinafter 
``petition''), and documents filed by interested governmental 
entities participating under 10 CFR 2.315(c), must be filed in 
accordance with the NRC's E-Filing rule (72 FR 49139, August 28, 
2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing 
process requires participants to submit and serve all adjudicatory 
documents over the internet, or in some cases to mail copies on 
electronic storage media. Participants may not submit paper copies 
of their filings unless they seek an exemption in accordance with 
the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
10 days prior to the filing deadline, the participant should contact 
the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or 
by telephone at 301-415-1677, to (1) request a digital 
identification (ID) certificate, which allows the participant (or 
its counsel or representative) to digitally sign submissions and 
access the E-Filing system for any proceeding in which it is 
participating; and (2) advise the Secretary that the participant 
will be submitting a petition or other adjudicatory document (even 
in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an 
electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has 
obtained a digital ID certificate and a docket has been created, the 
participant can then submit adjudicatory documents. Submissions must 
be in Portable Document Format (PDF). Additional guidance on PDF 
submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is 
considered complete at the time the document is submitted through 
the NRC's E-filing system. To be timely, an electronic filing must 
be submitted to the E-Filing system no later than 11:59 p.m. Eastern 
Time on the due date. Upon receipt of a transmission, the E-Filing 
system time-stamps the document and sends the submitter an e-mail 
notice confirming receipt of the document.
    The E-Filing system also distributes an e-mail notice that 
provides access to the document to the NRC's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer 
need not serve the document on those participants separately. 
Therefore, applicants and other participants (or their counsel or 
representative) must apply for and receive a digital ID certificate 
before adjudicatory documents are filed so that they can obtain 
access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the 
NRC's Public Web site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a toll-
free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is 
available between 9 a.m. and 6 p.m., Eastern Time, Monday through 
Friday, excluding government holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, 
in accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking 
and Adjudications Staff.
    Participants filing adjudicatory documents in this manner are 
responsible for serving the document on all other participants. 
Filing is considered complete by first-class mail as of the time of 
deposit in the mail, or by courier, express mail, or expedited 
delivery service upon depositing the document with the provider of 
the service. A presiding officer, having granted an exemption 
request from using E-Filing, may require a participant or party to 
use E-Filing if the presiding officer subsequently determines that 
the reason for granting the exemption from use of E-Filing no longer 
exists.
    Documents submitted in adjudicatory proceedings will appear in 
the NRC's electronic hearing docket which is available to the public 
at https://adams.nrc.gov/ehd, unless excluded pursuant to an Order 
of the Commission or the presiding officer. If you do not have an 
NRC-issued digital ID certificate as described above, click 
``Cancel'' when the link requests certificates and you will be 
automatically directed to the NRC's electronic hearing dockets where 
you will be able to access any publicly available documents in a 
particular hearing docket. Participants are requested not to include 
personal privacy information, such as social security numbers, home 
addresses, or personal phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. For 
example, in some instances, individuals provide home addresses in 
order to demonstrate proximity to a facility or site. With respect 
to copyrighted works, except for limited excerpts that serve the 
purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    The Commission will issue a notice or order granting or denying 
a hearing request or intervention petition, designating the issues 
for any hearing that will be held and designating the Presiding 
Officer. A notice granting a hearing will be published in the 
Federal Register and served on the parties to the hearing.
    If a person (other than Entergy) requests a hearing, that person 
shall set forth with particularity the manner in which his interest 
is adversely affected by this Confirmatory Order and shall address 
the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is 
adversely affected, the Commission will issue an order designating 
the time and place of any hearings. If a hearing is held, the issue 
to be considered at such hearing shall be whether this Confirmatory 
Order should be sustained.
    In the absence of any request for hearing, or written approval 
of an extension of time in which to request a hearing, the 
provisions specified in Section V above shall be final 30 days from 
the date of this Confirmatory Order without further order or 
proceedings. If an extension of time for requesting a hearing has 
been approved, the provisions specified in Section V shall be final 
when the extension expires if a hearing request has not been 
received.

    For the Nuclear Regulatory Commission

Kriss M. Kennedy

Regional Administrator
NRC Region IV

Dated this 8th day of March 2018

POWER REACTOR FACILITIES OWNED AND OPERATED BY ENTERGY NUCLEAR 
OPERATIONS, INC. AND ENTERGY OPERATIONS, INC.

Arkansas Nuclear One, Units 1 and 2

Entergy Operations, Inc.
Docket Nos. 50-313, 50-368
License Nos. DRP-51; NPF-6

Mr. Richard L. Anderson, Site Vice President
Arkansas Nuclear One
Entergy Operations, Inc.
N-TSB-58
1448 S.R. 333
Russellville, AR 72802-0967

Grand Gulf Nuclear Station

Entergy Operations, Inc.
Docket No. 50-416
License No. NPF-29

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

Indian Point Nuclear Generating, Units 2 and 3

Entergy Nuclear Operations, Inc.
Docket Nos. 50-247 and 50-286
License Nos. DPR-26 and DPR-64


[[Page 14524]]


Mr. Anthony Vitale, Site Vice President
Indian Point Energy Center
Entergy Nuclear Operations, Inc.
450 Broadway, General Services Building
P.O. Box 249
Buchanan, NY 10511-0249

Palisades Nuclear Plant

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

Mr. Charles Arnone, Vice President, Operations
Palisades Nuclear Plant
Entergy Nuclear Operations, Inc.
27780 Blue Star Memorial Highway
Covert, MI 49043-9530

Pilgrim Nuclear Power Station

Entergy Nuclear Operations, Inc.
Docket No. 50-293
License No. DPR-35

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

River Bend Station

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

Mr. William F. Maguire, Site Vice President
River Bend Station
Entergy Operations, Inc.
5485 U.S. Highway 61N
St. Francisville, LA 70775

Waterford Steam Electric Station, Unit 3

Entergy Operations, Inc.
Docket No. 50-382
License No. NPF-38

Mr. John Dinelli, Site Vice President
Waterford Steam Electric Station, Unit 3
Entergy Operations, Inc.
17265 River Road
Killona, LA 70057-0751

[FR Doc. 2018-06819 Filed 4-3-18; 8:45 am]
 BILLING CODE 7590-01-P



                                             14520                         Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

                                             POLICIES AND PRACTICES FOR RETENTION AND                  1. Full name.                                        Confirmatory Order. The NRC will not
                                             DISPOSAL OF RECORDS:                                      2. Any available information                         issue a Notice of Violation and will not
                                               All records, including audio records,                 regarding the type of record involved.                 issue an associated civil penalty for the
                                             are retained in a secure and encrypted                    3. The address to which the record                   apparent violations.
                                             cloud-based storage system for a period                 information should be sent.                            DATES: The order was issued on March
                                             of seven years consistent with the                        4. You must sign your request.                       8, 2018.
                                             National Archives and Records                             Attorneys or other persons acting on                 ADDRESSES: Please refer to Docket ID
                                             Administration records retention                        behalf of an individual must provide                   NRC–2018–0065 when contacting the
                                             schedule.                                               written authorization from that                        NRC about the availability of
                                                                                                     individual for the representative to act               information regarding this document.
                                             ADMINISTRATIVE, TECHNICAL AND PHYSICAL
                                                                                                     on their behalf. Individuals requesting                You may obtain publicly-available
                                             SAFEGUARDS:
                                                                                                     access must also comply with NCUA’s                    information related to this document
                                               Information in the system is                          Privacy Act regulations regarding
                                             safeguarded in accordance with the                                                                             using any of the following methods:
                                                                                                     verification of identity and access to                    • Federal Rulemaking website: Go to
                                             applicable laws, rules and policies                     records (12 CFR 792.55).                               http://www.regulations.gov and search
                                             governing the operation of federal
                                                                                                     EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                                                                                                                            for Docket ID NRC–2018–0065. Address
                                             information systems.
                                                                                                                                                            questions about NRC dockets to Jennifer
                                                                                                       This system is subject to the specific               Borges; telephone: 301–287–9127;
                                             RECORD ACCESS PROCEDURES:
                                                                                                     exemption provided by 5 U.S.C.                         email: Jennifer.Borges@nrc.gov. For
                                               Individuals wishing access to their                   552a(k)(2), as the system of records is
                                             records should submit a written request                                                                        technical questions, contact the
                                                                                                     investigatory material compiled for law                individuals listed in the FOR FURTHER
                                             to the Privacy Officer, NCUA, 1775                      enforcement purposes.
                                             Duke Street, Alexandria, VA 22314, and                                                                         INFORMATION CONTACT section of this
                                             provide the following information:                      HISTORY:                                               document.
                                               1. Full name.                                               75 FR 41539 (July 16, 2010).                        • NRC’s Agencywide Documents
                                               2. Any available information                                                                                 Access and Management System
                                                                                                       By the National Credit Union                         (ADAMS): You may obtain publicly-
                                             regarding the type of record involved.                  Administration Board on March 30, 2018.
                                               3. The address to which the record                                                                           available documents online in the
                                                                                                     Gerard Poliquin,                                       ADAMS Public Documents collection at
                                             information should be sent.
                                               4. You must sign your request.                        Secretary of the Board.                                http://www.nrc.gov/reading-rm/
                                               Attorneys or other persons acting on                  [FR Doc. 2018–06879 Filed 4–3–18; 8:45 am]             adams.html. To begin the search, select
                                             behalf of an individual must provide                    BILLING CODE P                                         ‘‘ADAMS Public Documents’’ and then
                                             written authorization from that                                                                                select ‘‘Begin Web-based ADAMS
                                             individual for the representative to act                                                                       Search.’’ For problems with ADAMS,
                                             on their behalf. Individuals requesting                 NUCLEAR REGULATORY                                     please contact the NRC’s Public
                                             access must also comply with NCUA’s                     COMMISSION                                             Document Room (PDR) reference staff at
                                             Privacy Act regulations regarding                                                                              1–800–397–4209, 301–415–4737, or by
                                                                                                     [Docket Nos. 50–313, 50–368, 50–416, 50–               email to pdr.resource@nrc.gov. The
                                             verification of identity and access to                  247, 50–286, 50–255, 50–293, 50–458, and
                                             records (12 CFR 792.55).                                50–382; License Nos. DRP–51, NPF–6, NPF–
                                                                                                                                                            ADAMS accession number for each
                                                                                                     29, DPR–26, DPR–64, DPR–20, DPR–35,                    document referenced (if it is available in
                                             CONTESTING RECORD PROCEDURES:                                                                                  ADAMS) is provided the first time that
                                                                                                     NPF–47, and NPF–38; EA–17–132 and EA–
                                               Individuals wishing to request an                     17–153; NRC–2018–0065]                                 it is mentioned in this document.
                                             amendment to their records should                                                                                 • NRC’s PDR: You may examine and
                                             submit a written request to the Privacy                 In the Matter of Entergy Nuclear                       purchase copies of public documents at
                                             Officer, NCUA, 1775 Duke Street,                        Operations, Inc. and Entergy                           the NRC’s PDR, Room O1–F21, One
                                             Alexandria, VA 22314, and provide the                   Operations, Inc.; Arkansas Nuclear                     White Flint North, 11555 Rockville
                                             following information:                                  One, Grand Gulf Nuclear Station,                       Pike, Rockville, Maryland 20852.
                                               1. Full name.                                         Indian Point Energy Center, Palisades                  FOR FURTHER INFORMATION CONTACT: G.
                                               2. Any available information                          Nuclear Plant, Pilgrim Nuclear Power                   Michael Vasquez, Region IV, telephone:
                                             regarding the type of record involved.                  Station, River Bend Station, and                       817–200–1182; email Michael.Vasquez@
                                               3. A statement specifying the changes                 Waterford Steam Electric Station, Unit                 nrc.gov and John Kramer, Region IV,
                                             to be made in the records and the                       3                                                      telephone: 817–200–1121; email
                                             justification therefore.                                                                                       John.Kramer@nrc.gov. Both are staff of
                                               4. The address to which the response                  AGENCY:  Nuclear Regulatory
                                                                                                                                                            the U.S. Nuclear Regulatory
                                             should be sent.                                         Commission.
                                                                                                                                                            Commission, Washington, DC 20555–
                                               5. You must sign your request.                        ACTION: Confirmatory order; issuance.                  0001.
                                               Attorneys or other persons acting on
                                             behalf of an individual must provide                    SUMMARY:   The U.S. Nuclear Regulatory                 SUPPLEMENTARY INFORMATION:
                                             written authorization from that                         Commission (NRC) issued a                                 The text of the Order is attached.
                                             individual for the representative to act                Confirmatory Order to Entergy (Entergy                   Dated at Arlington, Texas, this 29th day of
                                             on their behalf.                                        Nuclear Operations, Inc., and Entergy                  March 2018.
                                                                                                     Operations, Inc.) as a result of a                       For the Nuclear Regulatory Commission.
                                             NOTIFICATION PROCEDURES:                                successful alternative dispute resolution              Kriss M. Kennedy,
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                                               Individuals wishing to learn whether                  mediation session. The commitments                     Regional Administrator, Region IV.
                                             this system of records contains                         were made as part of a settlement
                                             information about them should submit a                  agreement between Entergy and the U.S.                 UNITED STATES OF AMERICA
                                             written request to the Privacy Officer,                 Nuclear Regulatory Commission (NRC)                    NUCLEAR REGULATORY COMMISSION
                                             NCUA, 1775 Duke Street, Alexandria,                     subject to the satisfactory completion of               In the Matter of Power Reactor Facilities
                                             VA 22314, and provide the following                     the additional actions Entergy                         Owned and Operated by Entergy Nuclear
                                             information:                                            committed to take, as described in the                 Operations, Inc. and Entergy Operations, Inc.



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                                                                           Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices                                                 14521

                                             Docket Nos. (Attachment 1)                              between February and December 2016, in                the status of compliance with this
                                                                                                     that, three nonlicensed operators created             Confirmatory Order until December 31, 2019.
                                             License Nos. (Attachment 1)                             inaccurate documents, which indicated that            Starting in 2020, Entergy will conduct annual
                                             EA–17–132                                               their rounds had been performed when they             training emphasizing its intolerance of
                                                                                                     had not been completed.                               willful misconduct.
                                             EA–17–153                                                 By letter dated November 20, 2017, the
                                                                                                                                                           Causal Evaluation of Previous Corrective
                                             CONFIRMATORY ORDER MODIFYING                            NRC notified Entergy of the results of the
                                                                                                     investigation, informed Entergy that                  Actions to Deter Willful Violations
                                             LICENSE (EFFECTIVE UPON ISSUANCE)
                                                                                                     escalated enforcement action was being                   D. Within 6 months of the issuance date of
                                             I                                                       considered for the apparent violations, and           the Confirmatory Order, Entergy will perform
                                                The licensees identified in Attachment 1 to          offered Entergy the opportunity to attend a           a causal evaluation, informed by site
                                             this Confirmatory Order hold licenses issued            predecisional enforcement conference or to            evaluations, to determine why prior fleet-
                                             by the U.S. Nuclear Regulatory Commission               participate in an ADR mediation session in            wide corrective actions from Confirmatory
                                             (NRC or Commission) authorizing operation               an effort to resolve the concerns.                    Orders and other willful violations issued
                                             of nuclear power plants in accordance with                In response to the NRC’s offer, Entergy             after January 1, 2009, were not fully
                                             the Atomic Energy Act of 1954, as amended,              requested the use of the NRC’s ADR process            successful in preventing or minimizing
                                             and Part 50 of title 10 of the Code of Federal          to resolve the concerns. On February 6, 2018,         instances of willful misconduct across the
                                             Regulations (10 CFR), ‘‘Domestic Licensing of           the NRC and Entergy met in an ADR session             fleet. The causal evaluation will include the
                                             Production and Utilization Facilities.’’                mediated by a professional mediator arranged          following elements:
                                                The term ‘‘Entergy fleet’’ or ‘‘fleet’’ refers       through the Cornell University Scheinman                 1. Problem identification;
                                             to all nuclear power plants identified in               Institute on Conflict Resolution. The ADR                2. Root cause, extent of condition
                                             Attachment 1 to this Confirmatory Order.                process is one in which a neutral mediator,           (including an assessment of work groups that
                                             The term ‘‘Entergy’’ refers to the following            with no decision-making authority, assists            perform NRC-regulated activities to
                                             licensees: Entergy Operations, Inc. and                 the parties in reaching an agreement on               determine whether those workers are
                                             Entergy Nuclear Operations, Inc. The term               resolving any differences regarding the               engaging in willful misconduct), and extent
                                             ‘‘willful violations’’ as defined in the NRC            dispute. This Confirmatory Order is issued            of cause evaluation;
                                             Enforcement Policy encompasses conduct                  pursuant to the agreement reached during the             3. Corrective actions, with time frame for
                                             involving either a careless disregard for               ADR process.                                          their completion; and
                                             requirements or a deliberate violation of                                                                        4. Safety culture attributes.
                                                                                                     III                                                      E. Entergy will identify specific criteria
                                             requirements or falsification of information.
                                                                                                        During the ADR session held on February            necessary to perform annual effectiveness
                                                This Confirmatory Order is the result of a
                                                                                                     6, 2018, Entergy and the NRC reached a                reviews of the corrective actions. The annual
                                             preliminary settlement agreement reached
                                                                                                     preliminary settlement agreement. The                 effectiveness reviews will include insights
                                             during an alternative dispute resolution
                                                                                                     elements of the agreement include the                 from fleet and individual site performance.
                                             (ADR) mediation session conducted on
                                                                                                     following:                                            Entergy will perform annual effectiveness
                                             February 6, 2018.
                                                                                                                                                           reviews for 3 years. Entergy will modify its
                                                                                                     Violations                                            corrective actions, as needed, based on the
                                             II
                                                                                                        A. The NRC has concluded that deliberate           results of the annual effectiveness reviews.
                                                On November 5, 2015, the NRC’s Office of
                                                                                                     violations of 10 CFR 50.120 occurred at                  F. For the Grand Gulf Nuclear Station, the
                                             Investigations (OI), Region IV Field Office,
                                                                                                     Grand Gulf Nuclear Station between January            evaluation described in Element D will
                                             opened an investigation (OI Case 4–2016–
                                                                                                     and September 2015, when general employee             address the three violations which are the
                                             004) at Entergy’s Grand Gulf Nuclear Station
                                                                                                     training examinations provided to non-utility         subject of this ADR mediation session (refer
                                             to determine whether an examination proctor
                                                                                                     (contractor) personnel were inappropriately           to the NRC’s letter dated November 20, 2017).
                                             willfully compromised examinations by
                                                                                                     proctored. In addition, the NRC has                      G. Corrective actions identified as a result
                                             providing inappropriate assistance to                   concluded that deliberate violations of 10            of the above evaluations will be implemented
                                             trainees. On July 21, 2017, the investigation           CFR part 50, Appendix B, Criterion V, and             within 18 months of completion of the
                                             was completed. On March 6, 2017, OI opened              10 CFR 50.9 occurred between February and             evaluation unless they involve a plant
                                             an investigation (OI Case 4–2017–021) at                December 2016 when three nonlicensed                  modification.
                                             Entergy’s Grand Gulf Nuclear Station to                 operators failed to tour all required areas of
                                             determine whether nonlicensed operators                 their watchstation and falsified the rounds           Organizational Health Survey
                                             willfully failed to tour all required areas of          for their assigned area. Entergy agrees with             H. Within 12 months of the issuance date
                                             their watch station and willfully entered               this conclusion.                                      of the Confirmatory Order, the Grand Gulf
                                             inaccurate information into the operator logs.                                                                Nuclear Station, as well as all Entergy fleet
                                             On August 25, 2017, the investigation was               Communications with Site Workers                      sites, will conduct an organizational health
                                             completed.                                                 B. Within 1 month of the issuance date of          survey developed by a third–party and
                                                Based on the results of the investigations,          the Confirmatory Order, a licensee senior             designed, in part, to identify safety culture
                                             the NRC identified a total of three apparent            executive at each Entergy site and the                concerns that could contribute to willful
                                             violations that were being considered for               corporate nuclear headquarters will                   misconduct.
                                             escalated enforcement action in accordance              communicate with workers the                             I. A second organizational health survey
                                             with the NRC Enforcement Policy, which                  circumstances leading to this Confirmatory            will be conducted within 18 months of
                                             were documented in NRC letter dated                     Order, that willful violations will not be            completion of the survey in Element H.
                                             November 20, 2017 (NRC Inspection Report                tolerated, and, as a result, Entergy will be             J. If safety culture concerns are identified
                                             05000416/2017014). The apparent violations              undertaking efforts to confirm whether others         through the survey, Entergy will initiate
                                             included: (1) a failure to meet 10 CFR 50.120,          are engaging in such conduct at any of its            corrective actions to mitigate the likelihood
                                             ‘‘Training and qualification of nuclear power           sites. The communication will stress the              of willful misconduct occurring.
                                             plant personnel,’’ between January and                  importance of procedural adherence,
                                             September 2015, in that, an examination                 ensuring that documents are complete and              Notifications to the NRC When Actions Are
                                             proctor inappropriately provided assistance             accurate, and of potential consequences for           Completed
                                             on general employee training examinations to            engaging in willful violations. This message             K. Within 1 month of completion of
                                             non-utility (contractor) personnel; (2) a
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                                                                                                     will be balanced with the recognition that            Element D, Entergy will submit written
                                             failure to meet 10 CFR part 50, Appendix B,             people do make mistakes and when that                 notification to the appropriate Regional
                                             Criterion V, ‘‘Instructions, Procedures, and            happens the mistake will be identified and            Administrators.
                                             Drawings,’’ between February and December               documented.                                              L. By December 31 of each calendar year
                                             2016, in that, three nonlicensed operators                 C. Entergy will conduct semi-annual                from 2018 through 2020, Entergy will
                                             failed to tour all required areas of their watch        communications with workers in the Entergy            provide in writing to the appropriate
                                             station; and (3) a failure to meet 10 CFR 50.9,         fleet reemphasizing its intolerance of willful        Regional Administrators a summary of the
                                             ‘‘Completeness and accuracy of information,’’           misconduct and updating the workforce on              actions implemented across the fleet as a



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                                             14522                         Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

                                             result of this Confirmatory Order and the               V                                                     address the three violations that are the
                                             results of any effectiveness reviews                      Accordingly, pursuant to Sections 104b,             subject of this ADR mediation session (refer
                                             performed.                                              161b, 161i, 161o, 182, and 186 of the Atomic          to the NRC’s letter dated November 20, 2017).
                                               M. Upon completion, Entergy will submit               Energy Act of 1954, as amended, and the                 F. Corrective actions identified as a result
                                             in writing to the Region IV Regional                    Commission’s regulations in 10 CFR 2.202              of the above evaluations will be implemented
                                             Administrator its basis for concluding that             and 10 CFR part 50, IT IS HEREBY                      within 18 months of completion of the
                                             the terms of the Confirmatory Order have                ORDERED, THAT LICENSE NOS. DRP–51;                    evaluation unless they involve a plant
                                             been completed.                                         NPF–6, NPF–29, DPR–26, DPR–64, DPR–20,                modification.
                                                                                                     DPR–35, NPF–47 and NPF–38 ARE                         Organizational Health Survey
                                             NRC Considerations for Future Enforcement               MODIFIED AS FOLLOWS:
                                             Action                                                                                                           G. Within 12 months of the issuance date
                                                                                                     Communications with Site Workers                      of the Confirmatory Order, the Grand Gulf
                                               N. This Confirmatory Order does not affect
                                                                                                        A. Within 1 month of the issuance date of          Nuclear Station, as well as all Entergy fleet
                                             other potential future escalated enforcement
                                                                                                     the Confirmatory Order, a licensee senior             sites, will conduct an organizational health
                                             actions, including ongoing investigations by
                                                                                                     executive at each Entergy site and the                survey developed by a third–party and
                                             the NRC’s Office of Investigations. However,
                                                                                                     corporate nuclear headquarters will                   designed, in part, to identify safety culture
                                             as part of its deliberations and consistent                                                                   concerns that could contribute to willful
                                                                                                     communicate with workers the
                                             with the philosophy of the Enforcement                                                                        misconduct.
                                                                                                     circumstances leading to this Confirmatory
                                             Policy, Section 3.3, ‘‘Violations Identified                                                                     H. A second organizational health survey
                                                                                                     Order, that willful violations will not be
                                             Because of Previous Enforcement Action,’’               tolerated, and, as a result, Entergy will be          will be conducted within 18 months of
                                             the NRC will consider enforcement                       undertaking efforts to confirm whether others         completion of the survey in Element G.
                                             discretion for violations with similar root             are engaging in such conduct at any of its               I. If safety culture concerns are identified
                                             causes that occur prior to or during                    sites. The communication will stress the              through the survey, Entergy will document
                                             implementation of the corrective actions                importance of procedural adherence,                   and initiate corrective actions within 2
                                             specified in the Confirmatory Order.                    ensuring that documents are complete and              months of the concern identification to
                                                                                                     accurate, and of potential consequences for           mitigate the likelihood of willful misconduct
                                             Administrative Items                                                                                          occurring.
                                                                                                     engaging in willful violations. This message
                                                O. The NRC and Entergy agree that the                will be balanced with the recognition that
                                             above elements will be incorporated into a                                                                    Notifications to the NRC When Actions Are
                                                                                                     people do make mistakes and when that
                                                                                                                                                           Completed
                                             Confirmatory Order.                                     happens, it is Entergy’s expectation that its
                                                P. The NRC will consider the Confirmatory            employees and contractors will identify and              J. Within 1 month of completion of
                                             Order an escalated enforcement action with              document issues accordingly.                          Element C, Entergy will submit written
                                             respect to any future enforcement actions.                 B. Within 6 months of the completion of            notification to the appropriate Regional
                                                Q. In consideration of the elements                  Element A, Entergy will conduct semi-annual           Administrators.
                                             delineated above, the NRC agrees not to issue           communications with workers in the Entergy               K. By December 31 of each calendar year
                                             a Notice of Violation for the violations                fleet reemphasizing its intolerance of willful        from 2018 through 2020, Entergy will
                                                                                                     misconduct and updating the workforce on              provide in writing to the appropriate
                                             discussed in NRC Inspection Report
                                                                                                     the status of compliance with this                    Regional Administrators a summary of the
                                             05000416/2017014 and NRC Investigation
                                                                                                     Confirmatory Order until December 31, 2019.           actions implemented across the fleet as a
                                             Reports 4–2016–004 and 4–2017–021 dated
                                                                                                     Starting in 2020, Entergy will conduct annual         result of this Confirmatory Order and the
                                             November 20, 2017, (EA–17–132 and EA–17–                training emphasizing its intolerance of               results of any effectiveness reviews
                                             153) and not to issue an associated civil               willful misconduct.                                   performed.
                                             penalty.                                                                                                         L. Upon completion, Entergy will submit
                                                R. The press release will acknowledge that           Causal Evaluation of Previous Corrective              in writing to the Region IV Regional
                                             Entergy Operations, Inc., identified the                Actions to Deter Willful Violations                   Administrator its basis for concluding that
                                             willful violations that are the subject of this            C. Within 6 months of the issuance date of         the terms of the Confirmatory Order have
                                             Confirmatory Order.                                     the Confirmatory Order, Entergy will perform          been completed.
                                                S. This agreement is binding upon                    a causal evaluation, informed by site
                                             successors and assigns of Entergy.                      evaluations, to determine why prior fleet-            NRC Considerations for Future Enforcement
                                                On March 6, 2018, Entergy consented to               wide corrective actions from Confirmatory             Action
                                             issuing this Confirmatory Order with the                Orders and other willful violations issued              This Confirmatory Order does not affect
                                             commitments, as described in Section V                  after January 1, 2009, were not fully                 other potential future escalated enforcement
                                             below. Entergy further agreed that this                 successful in preventing or minimizing                actions, including ongoing investigations by
                                             Confirmatory Order is to be effective upon              instances of willful misconduct across the            the NRC’s Office of Investigations. However,
                                             issuance, the agreement memorialized in this            fleet. The causal evaluation will include the         as part of its deliberations and consistent
                                             Confirmatory Order settles the matter                   following elements:                                   with the tenets of the Enforcement Policy,
                                                                                                        1. Problem identification;                         Section 3.3, ‘‘Violations Identified Because of
                                             between the parties, and that it has waived
                                                                                                        2. Root cause, extent of condition                 Previous Enforcement Action,’’ the NRC will
                                             its right to a hearing.
                                                                                                     (including an assessment of work groups that          consider enforcement discretion for
                                             IV                                                      perform NRC regulated activities to                   violations that meet the criteria for discretion
                                                                                                     determine whether those workers are                   under Section 3.3 of the Enforcement Policy.
                                                Because the licensee has agreed to take
                                                                                                     engaging in willful misconduct), and extent
                                             additional actions to address NRC concerns,                                                                   Administrative Items
                                                                                                     of cause evaluation;
                                             as set forth in Section III above, the NRC has             3. Corrective actions, with time frame for           This agreement is binding upon successors
                                             concluded that its concerns can be resolved             their completion; and                                 and assigns of Entergy. The NRC will
                                             through issuance of this Confirmatory Order.               4. Safety culture attributes.                      consider the Confirmatory Order an escalated
                                                I find that Entergy’s commitments as set                D. Entergy will identify specific criteria         enforcement action with respect to any future
                                             forth in Section V are acceptable and                   necessary to perform annual effectiveness             enforcement actions at the Grand Gulf
                                             necessary, and conclude that with these                 reviews of the corrective actions. The annual         Nuclear Station only. The Regional
                                             commitments the public health and safety are
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                                                                                                     effectiveness reviews will include insights           Administrator, Region IV, may, in writing,
                                             reasonably assured. In view of the foregoing,           from fleet and individual site performance.           relax or rescind any of the above conditions
                                             I have determined that public health and                Entergy will perform annual effectiveness             upon demonstration by Entergy of good
                                             safety require that Entergy’s commitments be            reviews for 3 years. Entergy will modify its          cause.
                                             confirmed by this Confirmatory Order. Based             corrective actions, as needed, based on the
                                             on the above and Entergy’s consent, this                results of the annual effectiveness reviews.          VI
                                             Confirmatory Order is effective upon                       E. For the Grand Gulf Nuclear Station, the           In accordance with 10 CFR 2.202 and 10
                                             issuance.                                               evaluation described in Element C will                CFR 2.309, any person adversely affected by



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                                                                           Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices                                                14523

                                             this Confirmatory Order, other than Entergy,            Counsel and any others who have advised               demonstrate proximity to a facility or site.
                                             may request a hearing within 30 days of the             the Office of the Secretary that they wish to         With respect to copyrighted works, except for
                                             issuance date of this Confirmatory Order.               participate in the proceeding, so that the filer      limited excerpts that serve the purpose of the
                                             Where good cause is shown, consideration                need not serve the document on those                  adjudicatory filings and would constitute a
                                             will be given to extending the time to request          participants separately. Therefore, applicants        Fair Use application, participants are
                                             a hearing. A request for extension of time              and other participants (or their counsel or           requested not to include copyrighted
                                             must be directed to the Director, Office of             representative) must apply for and receive a          materials in their submission.
                                             Enforcement, U.S. Nuclear Regulatory                    digital ID certificate before adjudicatory               The Commission will issue a notice or
                                             Commission, Washington, DC 20555, and                   documents are filed so that they can obtain           order granting or denying a hearing request
                                             include a statement of good cause for the               access to the documents via the E-Filing              or intervention petition, designating the
                                             extension.                                              system.                                               issues for any hearing that will be held and
                                                All documents filed in NRC adjudicatory                 A person filing electronically using the           designating the Presiding Officer. A notice
                                             proceedings, including a request for hearing,           NRC’s adjudicatory E-Filing system may seek           granting a hearing will be published in the
                                             a petition for leave to intervene, any motion           assistance by contacting the NRC’s Electronic         Federal Register and served on the parties to
                                             or other document filed in the proceeding               Filing Help Desk through the ‘‘Contact Us’’           the hearing.
                                             prior to the submission of a request for                link located on the NRC’s Public Web site at             If a person (other than Entergy) requests a
                                             hearing or petition to intervene (hereinafter           http://www.nrc.gov/site-help/e-                       hearing, that person shall set forth with
                                             ‘‘petition’’), and documents filed by                   submittals.html, by e-mail to                         particularity the manner in which his interest
                                             interested governmental entities participating          MSHD.Resource@nrc.gov, or by a toll-free              is adversely affected by this Confirmatory
                                             under 10 CFR 2.315(c), must be filed in                 call at 1–866–672–7640. The NRC Electronic            Order and shall address the criteria set forth
                                             accordance with the NRC’s E-Filing rule (72             Filing Help Desk is available between 9 a.m.          in 10 CFR 2.309(d) and (f).
                                             FR 49139, August 28, 2007, as amended at 77             and 6 p.m., Eastern Time, Monday through                 If a hearing is requested by a person whose
                                             FR 46562, August 3, 2012). The E-Filing                 Friday, excluding government holidays.                interest is adversely affected, the
                                             process requires participants to submit and                Participants who believe that they have            Commission will issue an order designating
                                             serve all adjudicatory documents over the               good cause for not submitting documents               the time and place of any hearings. If a
                                             internet, or in some cases to mail copies on            electronically must file an exemption                 hearing is held, the issue to be considered at
                                             electronic storage media. Participants may              request, in accordance with 10 CFR 2.302(g),          such hearing shall be whether this
                                             not submit paper copies of their filings                with their initial paper filing stating why           Confirmatory Order should be sustained.
                                             unless they seek an exemption in accordance             there is good cause for not filing                       In the absence of any request for hearing,
                                             with the procedures described below.                    electronically and requesting authorization to        or written approval of an extension of time
                                                To comply with the procedural                        continue to submit documents in paper                 in which to request a hearing, the provisions
                                             requirements of E-Filing, at least 10 days              format. Such filings must be submitted by: (1)        specified in Section V above shall be final 30
                                             prior to the filing deadline, the participant           first class mail addressed to the Office of the       days from the date of this Confirmatory Order
                                             should contact the Office of the Secretary by           Secretary of the Commission, U.S. Nuclear             without further order or proceedings. If an
                                             e-mail at hearing.docket@nrc.gov, or by                 Regulatory Commission, Washington, DC                 extension of time for requesting a hearing has
                                             telephone at 301–415–1677, to (1) request a             20555-0001, Attention: Rulemaking and                 been approved, the provisions specified in
                                             digital identification (ID) certificate, which          Adjudications Staff; or (2) courier, express          Section V shall be final when the extension
                                             allows the participant (or its counsel or               mail, or expedited delivery service to the            expires if a hearing request has not been
                                             representative) to digitally sign submissions           Office of the Secretary, 11555 Rockville Pike,        received.
                                             and access the E-Filing system for any                  Rockville, Maryland, 20852, Attention:                   For the Nuclear Regulatory Commission
                                             proceeding in which it is participating; and            Rulemaking and Adjudications Staff.                   Kriss M. Kennedy
                                             (2) advise the Secretary that the participant              Participants filing adjudicatory documents         Regional Administrator
                                             will be submitting a petition or other                  in this manner are responsible for serving the        NRC Region IV
                                             adjudicatory document (even in instances in             document on all other participants. Filing is
                                             which the participant, or its counsel or                considered complete by first-class mail as of         Dated this 8th day of March 2018
                                             representative, already holds an NRC-issued             the time of deposit in the mail, or by courier,       POWER REACTOR FACILITIES OWNED
                                             digital ID certificate). Based upon this                express mail, or expedited delivery service           AND OPERATED BY ENTERGY NUCLEAR
                                             information, the Secretary will establish an            upon depositing the document with the                 OPERATIONS, INC. AND ENTERGY
                                             electronic docket for the hearing in this               provider of the service. A presiding officer,         OPERATIONS, INC.
                                             proceeding if the Secretary has not already             having granted an exemption request from
                                             established an electronic docket.                       using E-Filing, may require a participant or          Arkansas Nuclear One, Units 1 and 2
                                                Information about applying for a digital ID          party to use E-Filing if the presiding officer        Entergy Operations, Inc.
                                             certificate is available on the NRC’s public            subsequently determines that the reason for           Docket Nos. 50-313, 50-368
                                             Web site at http://www.nrc.gov/site-help/e-             granting the exemption from use of E-Filing           License Nos. DRP-51; NPF-6
                                             submittals/getting-started.html. Once a                 no longer exists.                                     Mr. Richard L. Anderson, Site Vice President
                                             participant has obtained a digital ID                      Documents submitted in adjudicatory                Arkansas Nuclear One
                                             certificate and a docket has been created, the          proceedings will appear in the NRC’s                  Entergy Operations, Inc.
                                             participant can then submit adjudicatory                electronic hearing docket which is available          N-TSB-58
                                             documents. Submissions must be in Portable              to the public at https://adams.nrc.gov/ehd,           1448 S.R. 333
                                             Document Format (PDF). Additional                       unless excluded pursuant to an Order of the           Russellville, AR 72802-0967
                                             guidance on PDF submissions is available on             Commission or the presiding officer. If you
                                             the NRC’s public Web site at http://                    do not have an NRC-issued digital ID                  Grand Gulf Nuclear Station
                                             www.nrc.gov/site-help/electronic-sub-ref-               certificate as described above, click ‘‘Cancel’’      Entergy Operations, Inc.
                                             mat.html. A filing is considered complete at            when the link requests certificates and you           Docket No. 50-416
                                             the time the document is submitted through              will be automatically directed to the NRC’s           License No. NPF-29
                                             the NRC’s E-filing system. To be timely, an             electronic hearing dockets where you will be          Mr. Eric Larson, Site Vice President
                                             electronic filing must be submitted to the E-           able to access any publicly available                 Grand Gulf Nuclear Station
                                             Filing system no later than 11:59 p.m.                  documents in a particular hearing docket.             Entergy Operations, Inc.
                                             Eastern Time on the due date. Upon receipt              Participants are requested not to include
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                                                                                                                                                           P.O. Box 756
                                             of a transmission, the E-Filing system time-            personal privacy information, such as social          Port Gibson, MS 39150
                                             stamps the document and sends the                       security numbers, home addresses, or
                                             submitter an e-mail notice confirming receipt           personal phone numbers in their filings,              Indian Point Nuclear Generating, Units 2
                                             of the document.                                        unless an NRC regulation or other law                 and 3
                                                The E-Filing system also distributes an e-           requires submission of such information. For          Entergy Nuclear Operations, Inc.
                                             mail notice that provides access to the                 example, in some instances, individuals               Docket Nos. 50-247 and 50-286
                                             document to the NRC’s Office of the General             provide home addresses in order to                    License Nos. DPR-26 and DPR-64



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                                             14524                         Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

                                             Mr. Anthony Vitale, Site Vice President                 amendments to Facility Operating                      and 2, located in San Luis Obispo
                                             Indian Point Energy Center                              License Nos. DPR–80 and DPR–82. The                   County, California.
                                             Entergy Nuclear Operations, Inc.                        proposed amendments would have                           The proposed amendments would
                                             450 Broadway, General Services Building
                                                                                                     modified the facility technical                       have modified the Diablo Canyon Power
                                             P.O. Box 249
                                             Buchanan, NY 10511-0249                                 specifications (TSs) to permit the use of             Plant TSs to permit the use of RICTs in
                                                                                                     Risk-Informed Completion Times                        accordance with TSTF–505, Revision 1
                                             Palisades Nuclear Plant                                 (RICTs) in accordance with Technical                  (ADAMS Accession No. ML111650552).
                                             Entergy Nuclear Operations, Inc.                        Specifications Task Force (TSTF)                      The proposed amendments would have,
                                             Docket No. 50-255                                       Traveler TSTF–505, Revision 1,                        in part, modified selected required
                                             License No. DPR-20                                      ‘‘Provide Risk-Informed Extended                      actions to permit excluding the
                                             Mr. Charles Arnone, Vice President,                     Completion Times—RITSTF [Risk-                        completion times in accordance with a
                                               Operations                                            Informed TSTF] Initiative 4b.’’                       new TS-required RICT program.
                                             Palisades Nuclear Plant                                                                                          The Commission has previously
                                                                                                     DATES: April 4, 2018.
                                             Entergy Nuclear Operations, Inc.
                                                                                                     ADDRESSES: Please refer to Docket ID                  issued a proposed finding that the
                                             27780 Blue Star Memorial Highway
                                             Covert, MI 49043-9530                                   NRC–2014–0260 when contacting the                     amendments involve no significant
                                                                                                     NRC about the availability of                         hazards consideration, published in the
                                             Pilgrim Nuclear Power Station                                                                                 Federal Register on December 9, 2014
                                                                                                     information regarding this document.
                                             Entergy Nuclear Operations, Inc.                        You may obtain publicly-available                     (79 FR 73111). The licensee provided
                                             Docket No. 50-293                                       information related to this document                  supplemental information by letters
                                             License No. DPR-35                                                                                            dated February 5 and May 28, 2015, and
                                                                                                     using any of the following methods:
                                             Mr. Brian Sullivan, Site Vice President                    • Federal Rulemaking website: Go to                July 7 and October 27, 2016 (ADAMS
                                             Pilgrim Nuclear Power Station                           http://www.regulations.gov and search                 Accession Nos. ML15036A592,
                                             Entergy Nuclear Operations, Inc.                                                                              ML15148A480, ML16189A282, and
                                             600 Rocky Hill Road
                                                                                                     for Docket ID NRC–2014–0260. Address
                                                                                                     questions about NRC dockets to Jennifer               ML16301A425, respectively). However,
                                             Plymouth, MA 02360-5508
                                                                                                     Borges; telephone: 301–287–9127;                      the licensee requested to withdraw the
                                             River Bend Station                                      email: Jennifer.Borges@nrc.gov. For                   application on March 7, 2018 (ADAMS
                                             Entergy Operations, Inc.                                technical questions, contact the                      Accession No. ML18066A938).
                                             Docket No. 50-458                                       individual listed in the FOR FURTHER                    Dated at Rockville, Maryland, this 29th day
                                             License No. NPF-47                                      INFORMATION CONTACT section of this                   of March, 2018.
                                             Mr. William F. Maguire, Site Vice President             document.                                               For the Nuclear Regulatory Commission.
                                             River Bend Station                                         • NRC’s Agencywide Documents                       Siva P. Lingam,
                                             Entergy Operations, Inc.                                Access and Management System
                                             5485 U.S. Highway 61N                                                                                         Project Manager, Plant Licensing Branch IV,
                                                                                                     (ADAMS): You may obtain publicly-                     Division of Operating Reactor Licensing,
                                             St. Francisville, LA 70775
                                                                                                     available documents online in the                     Office of Nuclear Reactor Regulation.
                                             Waterford Steam Electric Station, Unit 3                ADAMS Public Documents collection at                  [FR Doc. 2018–06781 Filed 4–3–18; 8:45 am]
                                             Entergy Operations, Inc.                                http://www.nrc.gov/reading-rm/                        BILLING CODE 7590–01–P
                                             Docket No. 50-382                                       adams.html. To begin the search, select
                                             License No. NPF-38                                      ‘‘ADAMS Public Documents’’ and then
                                             Mr. John Dinelli, Site Vice President                   select ‘‘Begin Web-based ADAMS
                                             Waterford Steam Electric Station, Unit 3                                                                      PENSION BENEFIT GUARANTY
                                                                                                     Search.’’ For problems with ADAMS,
                                             Entergy Operations, Inc.                                                                                      CORPORATION
                                                                                                     please contact the NRC’s Public
                                             17265 River Road                                        Document Room (PDR) reference staff at
                                             Killona, LA 70057-0751                                                                                        Requests to Review Multiemployer
                                                                                                     1–800–397–4209, 301–415–4737, or by                   Plan Alternative Terms and Conditions
                                             [FR Doc. 2018–06819 Filed 4–3–18; 8:45 am]              email to pdr.resource@nrc.gov. The                    To Satisfy Withdrawal Liability
                                             BILLING CODE 7590–01–P                                  ADAMS accession number for each
                                                                                                     document referenced (if it is available in            AGENCY:  Pension Benefit Guaranty
                                                                                                     ADAMS) is provided the first time that                Corporation.
                                             NUCLEAR REGULATORY                                      it is mentioned in this document.                     ACTION: Policy statement.
                                             COMMISSION                                                 • NRC’s PDR: You may examine and
                                             [Docket Nos. 50–275 and 50–323; NRC–                    purchase copies of public documents at                SUMMARY:   PBGC is issuing this policy
                                             2014–0260]                                              the NRC’s PDR, Room O1–F21, One                       statement to provide insight to the
                                                                                                     White Flint North, 11555 Rockville                    public on the information PBGC finds
                                             Pacific Gas and Electric Company;                       Pike, Rockville, Maryland 20852.                      helpful and factors PBGC considers in
                                             Diablo Canyon Power Plant, Units 1                      FOR FURTHER INFORMATION CONTACT:                      reviewing multiemployer plan
                                             and 2                                                   Balwant K. Singal, Office of Nuclear                  proposals for alternative terms and
                                                                                                     Reactor Regulation, U.S. Nuclear                      conditions to satisfy withdrawal
                                             AGENCY:  Nuclear Regulatory                                                                                   liability.
                                             Commission.                                             Regulatory Commission, Washington DC
                                                                                                     20555–0001; telephone: 301–415–3016,                  FOR FURTHER INFORMATION CONTACT:
                                             ACTION: License amendment application;
                                                                                                     email: Balwant.Singal@nrc.gov.                        Daniel S. Liebman (liebman.daniel@
                                             withdrawal by applicant.
                                                                                                     SUPPLEMENTARY INFORMATION: The NRC                    pbgc.gov), Assistant General Counsel for
                                             SUMMARY:   The U.S. Nuclear Regulatory                  has granted the request of Pacific Gas                Legal Policy, Office of the General
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                                             Commission (NRC) has granted the                        and Electric Company (the licensee) to                Counsel, at 202–326–4000, ext. 6510, or
                                             request of Pacific Gas and Electric                     withdraw its November 25, 2013,                       Constance Markakis
                                             Company to withdraw its application                     application (ADAMS Accession No.                      (markakis.constance@pbgc.gov),
                                             dated November 25, 2013, as                             ML13330A557) for proposed                             Assistant General Counsel for
                                             supplemented by letters dated February                  amendments to Facility Operating                      Multiemployer Law and Policy, Office
                                             5 and May 28, 2015, and July 7 and                      License Nos. DPR–80 and DPR–82 for                    of the General Counsel, at 202–326–
                                             October 27, 2016, for proposed                          the Diablo Canyon Power Plant, Units 1                4000, ext. 6779; (TTY/TDD users may


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Document Created: 2018-11-01 09:11:04
Document Modified: 2018-11-01 09:11:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionConfirmatory order; issuance.
DatesThe order was issued on March 8, 2018.
ContactG. Michael Vasquez, Region IV, telephone: 817-200-1182; email [email protected] and John Kramer, Region IV, telephone: 817-200-1121; email [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001.
FR Citation83 FR 14520 

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