ML061710009

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Response to March 8, 2006, Letter Concerning NCV 05000247/2005-05-07 and NCV 05000286/2005-05-04: Failure to Make a 10CFR50.72(b)(3)(xiii) Notification
ML061710009
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 06/19/2006
From: Blough A
Division of Reactor Safety I
To: Dacimo F
Entergy Nuclear Operations
Shared Package
ML061600295 List:
References
IR-05-005
Download: ML061710009 (4)


See also: IR 05000247/2005005

Text

June 19, 2006

Mr. Fred Dacimo

Site Vice President

Entergy Nuclear Operations, Inc.

Indian Point Energy Center

295 Broadway, Suite 1

P.O. Box 249

Buchanan, NY 10511-0249

SUBJECT:

RESPONSE TO MARCH 8, 2006, LETTER CONCERNING NCV

05000247/2005-05-07 AND NCV 05000286/2005-05-04: FAILURE TO MAKE A

10CFR50.72(b)(3)(xiii) NOTIFICATION

Dear Mr. Dacimo:

This letter is in regard to your letter dated March 8, 2006, written in response to NRC Inspection

Report Nos. 05000247/2005005 and 05000286/2005005. In your letter, you stated that you

were not formally contesting the non-cited violations but were providing clarification to the

bases and reasons surrounding the findings. Nonetheless, we reviewed your letter to

determine if it provided information that would lead us to vacate any previously issued findings

or conclusions. The findings stemmed from siren system problems which occurred in August

2005. Your letter provided information regarding Entergys decision not to make a formal report

to the NRC Operations Center when the normal process for siren activation was not available.

We appreciate the perspective that you provided. In our review of your letter, we did not

identify any information that had not been considered prior to the issuance of the inspection

report or that would have changed our conclusion. Therefore, we have determined that both

findings remain valid as documented in the inspection report.

Your letter stated that the sirens could have been activated from the Entergy emergency

operations facility, even though Westchester County was unable to activate its sirens for a

period of time. The letter also stated that the reportability thresholds of 10 CFR 50.72 were not

met because the capability to sound the sirens was degraded but not lost. Your letter then

provided several reasons to substantiate your position. The NRC considered these reasons

prior to issuing our inspection report and we agree with the factual matters in your letter. As to

whether it may have been appropriate to use engineering judgment in not making a report, the

NRC has concluded that a formal notification under 10 CFR 50.72(b)(3)(xiii) was indeed

required because the normal processes for actuation of the sirens were not available and the

site did not have formal procedures for, and had limited experience with, the potential alternate

siren actuation method.

F. Dacimo

2

The NRC will continue to closely monitor activities related to your siren system. The NRCs

Executive Director of Operations approved a deviation from the Reactor Oversight Process for

Indian Point on October 31, 2005, that enabled continued NRC oversight of Entergys actions to

improve reliability and availability of the alert and notification system, including implementation

of backup power requirements delineated in the Energy Policy Act of 2005.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be

available electronically for public inspection in the NRC Public Document Room or from the

Publicly Available Records component of NRCs document system (ADAMS). ADAMS is

accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ADAMS.html (the Public

Electronic Reading Room).

If you have any questions question this matter, please contact me at 610-337-5126.

Sincerely,

/RA/

A. Randolph Blough, Director

Division of Reactor Safety

Docket Nos:

50-247, 50-286

License Nos: DPR-26, DPR-64

cc:

G. J. Taylor, Chief Executive Officer, Entergy Operations

M. R. Kansler, President, Entergy Nuclear Operations Inc. (ENO)

J. T. Herron, Senior Vice President and Chief Operations Officer (ENO)

C. Schwarz, Vice President, Operations Support (ENO)

P. Rubin, General Manager Operations (ENO)

O. Limpias, Vice President, Engineering (ENO)

J. McCann, Director, Licensing (ENO)

C. D. Faison, Manager, Licensing (ENO)

M. J. Colomb, Director of Oversight (ENO)

J. Comiotes, Director, Nuclear Safety Assurance (ENO)

P. Conroy, Manager, Licensing (ENO)

T. C. McCullough, Assistant General Counsel, Entergy Nuclear Operations, Inc.

P. R. Smith, President, New York State Energy, Research and Development Authority

P. Eddy, Electric Division, New York State Department of Public Service

C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law

D. ONeill, Mayor, Village of Buchanan

J. G. Testa, Mayor, City of Peekskill

R. Albanese, Four County Coordinator

S. Lousteau, Treasury Department, Entergy Services, Inc.

Chairman, Standing Committee on Energy, NYS Assembly

Chairman, Standing Committee on Environmental Conservation, NYS Assembly

Chairman, Committee on Corporations, Authorities, and Commissions

F. Dacimo

3

M. Slobodien, Director, Emergency Planning

B. Brandenburg, Assistant General Counsel

Assemblywoman Sandra Galef, NYS Assembly

County Clerk, Westchester County Legislature

A. Spano, Westchester County Executive

R. Bondi, Putnam County Executive

C. Vanderhoef, Rockland County Executive

E. A. Diana, Orange County Executive

T. Judson, Central NY Citizens Awareness Network

M. Elie, Citizens Awareness Network

D. Lochbaum, Nuclear Safety Engineer, Union of Concerned Scientists

Public Citizen's Critical Mass Energy Project

M. Mariotte, Nuclear Information & Resources Service

F. Zalcman, Pace Law School, Energy Project

L. Puglisi, Supervisor, Town of Cortlandt

Congresswoman Sue W. Kelly

Congresswoman Nita Lowey

Senator Hillary Rodham Clinton

Senator Charles Schumer

J. Riccio, Greenpeace

A. Matthiessen, Executive Director, Riverkeeper, Inc.

M. Kaplowitz, Chairman of County Environment & Health Committee

A. Reynolds, Environmental Advocates

M. Jacobs, Director, Longview School

D. Katz, Executive Director, Citizens Awareness Network

P. Leventhal, The Nuclear Control Institute

K. Coplan, Pace Environmental Litigation Clinic

W. DiProfio, PWR SRC Consultant

D. C. Poole, PWR SRC Consultant

W. Russell, PWR SRC Consultant

W. Little, Associate Attorney, NYSDEC

R. Christman, Manager Training and Development

J. Picciano, Acting Regional Director, FEMA, Region II

F. Dacimo

4

Distribution:

(via E-mail)

S. Collins, RA

M. Dapas, DRA

B. Sosa, RI OEDO

R. Laufer, NRR

J. Boska, PM, NRR

P. Milano, PM (backup)

E. Cobey, DRP

D. Jackson, DRP

C. Long, DRP

M. Cox, DRP, Senior Resident Inspector - Indian Point 2

G. Bowman, DRP, Resident Inspector - Indian Point 2

T. Hipschman, DRP, Senior Resident Inspector - Indian Point 3

B. Wittick, DRP, Resident Inspector - Indian Point 3

R. Martin, DRP, Resident OA

Region I Docket Room (w/concurrences)

R. Kahler, NSIR/EPD

S. LaVie, NSIR/EPD

A. Blough, DRS

M. Gamberoni, DRS

R. Lorson, DRS

D. Silk, DRS

D. Holody, ORA

DOCUMENT NAME: E:\\Filenet\\ML061710009.wpd

SUNSI Review Complete: CML (Reviewers Initials)

ADAMS PKG: ML061600295

After declaring this document An Official Agency Record it will be released to the Public.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy

OFFICE

RI/DRS

RI/DRP

RI/DRS

RI/DRS

RI/DRS

NAME

DSilk (DMS)

ECobey (EWC)

RSummers (RJS)

RLorson (RKL)

ABlough (ARB)

DATE

06/09/06

06/12/06

06/13/06

06/13/06

06/19/06

OFFICIAL RECORD COPY