ML071030179
| ML071030179 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 04/13/2007 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Kansler M Entergy Nuclear Operations |
| Boska J, NRR, 301-415-2901 | |
| References | |
| EA-05-190 | |
| Download: ML071030179 (4) | |
Text
April 13, 2007 EA-05-190 Mr. Michael R. Kansler President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
SUBJECT:
RESPONSE TO ENTERGY LETTER REGARDING NRC CONFIRMATORY ORDER (EA-05-190) - EMERGENCY NOTIFICATION SYSTEM BACKUP POWER FOR INDIAN POINT NUCLEAR GENERATING UNITS 2 AND 3
Dear Mr. Kansler:
On January 31, 2006, the Nuclear Regulatory Commission (NRC) issued a Confirmatory Order, EA-05-190 (Order), to Entergy Nuclear Operations, Inc. (Entergy), to implement Section 651(b) of the Energy Policy Act (Act) of 2005. This letter denies your April 13, 2007 request for relaxation of the subject Confirmatory Order. Because of the inoperability of the new emergency notification system (ENS) by the date required by the NRC Order, the NRC will also consider action under the NRC's Enforcement Policy. We recognize that the new siren system cannot be used by Entergy to meet NRC requirements until it satisfies the NRC Order.
The Order required Entergy to install backup power for the Indian Point ENS, which is used to alert the public of an event at the plant, by January 30, 2007. Entergy's January 11, 2007, request for a relaxation of the completion date to April 15, 2007, was granted by the NRC on January 23, 2007.
Your April 13, 2007 letter stated that the new ENS would not be operable by April 15, 2007, and requested a relaxation of the requirements of the Order, with a new completion date of August 31, 2007. The letter also stated that Entergy would provide a detailed plan to the NRC by May 14, 2007, as to how and when Entergy plans to meet the conditions of the Order. The NRC will review Entergy's plan when it is submitted, and will discuss it with Entergy at a meeting open to the public, in the vicinity of the site.
As part of the request, Entergy discussed the difficulties encountered in achieving reliable operation in the radio-only activation mode. The NRC staff evaluated the factors presented in the request, as well as Entergy's ability to have reasonably foreseen difficulties which impacted the completion date of April 15, 2007. Additionally, the NRC staff evaluated the extent to which the factors described by Entergy were within its control. The NRC concludes that these factors were known or should have been known by Entergy at the time the first extension was requested. Therefore, inasmuch as Entergy has not demonstrated good cause, the NRC denies Entergy's request for a relaxation of the Order.
M. Kansler The NRC acknowledges that the current siren system in service at Indian Point is capable of alerting the public of an event at the plant and that the existing system was successfully tested in March 2007. NRC Region I will continue enhanced oversight of the existing system while the new ENS system is completed. Therefore, the NRC believes that, at this time, there continues to be reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public, while Entergy works to demonstrate operability of the new ENS.
Sincerely,
/RA by WKane for/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: See next pages
M. Kansler The NRC acknowledges that the current siren system in service at Indian Point is capable of alerting the public of an event at the plant and that the existing system was successfully tested in March 2007. NRC Region I will continue enhanced oversight of the existing system while the new ENS system is completed. Therefore, the NRC believes that, at this time, there continues to be reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency in terms of alerting the public, while Entergy works to demonstrate operability of the new ENS.
Sincerely,
/RA by WKane for/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286 cc: See next pages DISTRIBUTION Public WKane CCarpenter LTrocine RidsNrrAdro RidsNrrOd RZimmerman MLeach NMamish, NSIR SCollins, R1 EWeiss KWilliams RidsNrrPMJBoska RidsNrrLASLittle RidsOGCRp GHill (4)
LPL1-1 R/F SBurnell BJones, OGC ECobey, R1 SECY RTaylor, EDO RidsAcrsAcnwMailCenter RidsNrrDorl Adams Accession Number: ML071030179 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC(A)
NRR/DORL/D NAME JBoska BAC for SLittle RGuzman CHaney JLubinski for DATE 4/13/07 4/13/07 4/13/07 4/13/07 OFFICE RGN1/RA NSIR/D OE OGC NRR/D(A)
NAME SCollins RZimmerman CCarpenter DSolorio for BJones JDyer WKane for DATE 04/13/07 04/13/07 04/13/07 04/13/07 04/13/07 OFFICIAL RECORD COPY
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Mr. Gary J. Taylor Chief Executive Officer Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Fred R. Dacimo Site Vice President Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 1 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Paul Rubin General Manager, Plant Operations Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 2 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Oscar Limpias Vice President Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Brian OGrady Vice President, Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Columb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. James Comiotes Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 1 P.O. Box 249 Buchanan, NY 10511-0249 Mr. Patric Conroy Manager, Licensing Entergy Nuclear Operations, Inc.
Indian Point Energy Center 295 Broadway, Suite 1 P. O. Box 249 Buchanan, NY 10511-0249 Mr. Travis C. McCullough Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.
639 Loyola Avenue Mail Stop: L-ENT-15E New Orleans, LA 70113 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406
Indian Point Nuclear Generating Unit Nos. 2 & 3 cc:
Senior Resident Inspectors Office Indian Point 2 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Senior Resident Inspectors Office Indian Point 3 U. S. Nuclear Regulatory Commission P.O. Box 59 Buchanan, NY 10511 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy Electric Division New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mayor, Village of Buchanan 236 Tate Avenue Buchanan, NY 10511 Mr. Ray Albanese Executive Chair Four County Nuclear Safety Committee Westchester County Fire Training Center 4 Dana Road Valhalla, NY 10592 Mr. William DiProfio PWR SRC Consultant 139 Depot Road East Kingston, NH 03827 Mr. Daniel C. Poole PWR SRC Consultant P.O. Box 579 Inglis, FL 34449 Mr. William T. Russell PWR SRC Consultant 400 Plantation Lane Stevensville, MD 21666-3232 Mr. Jim Riccio Greenpeace 702 H Street, NW Suite 300 Washington, DC 20001 Mr. Phillip Musegaas Riverkeeper, Inc.
828 South Broadway Tarrytown, NY 10591 Mr. Mark Jacobs IPSEC 46 Highland Drive Garrison, NY 10524 Vanessa E. Quinn, Acting Director Technological Hazards Division Department of Homeland Security 1800 S. Bell Street, Room 837 Crystal City Arlington, VA 22202-3546 Rebecca Thomson Radiological Emergency Preparedness New York Field Office Federal Emergency Management Agency 26 Federal Plaza, Suite 1337 New York, NY 10278-0002