ML082350676

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Confirmatory Action Letter (1-08-005)
ML082350676
Person / Time
Site: Indian Point  
(DPR-026, DPR-064)
Issue date: 08/22/2008
From: Collins S
Region 1 Administrator
To: Joseph E Pollock
Entergy Nuclear Operations
References
CAL-1-08-005
Download: ML082350676 (7)


Text

August 22, 2008 CAL No. 1-08-005 Mr. Joseph E. Pollock Site Vice President Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB Buchanan, NY 10511-0249

SUBJECT:

CONFIRMATORY ACTION LETTER (1-08-005)

Dear Mr. Pollock:

During a meeting held on July 22, 2008, between Entergy and the Federal Emergency Management Agency (FEMA), with the Nuclear Regulatory Commission (NRC) present, to discuss the installation of the new Alert and Notification System (ANS), Entergy made commitments to supplement the population coverage of the primary siren alerting system by installing tone alert radios (TARs) as a system enhancement. Entergy stated that while the new siren system reaches essentially 100% of the fixed population living within the Emergency Planning Zone (EPZ), TARs would be deployed to alert the remaining population that may not receive a siren alerting sound volume level consistent with FEMA guidance. Entergys commitments regarding TARs made during the meeting were later documented in a letter to the NRC dated July 31, 2008.

I am writing this letter to confirm our understanding of actions Entergy Nuclear Operations, Inc.,

is taking, or planning to take, to enhance the new ANS for the Indian Point Energy Center. It is our understanding, based on discussions with Mr. Fred Dacimo, Vice President of License Renewal, on July 22, 2008, at the FEMA Region II office, and as described in his July 31, 2008, letter submitted to the NRC, that Entergy will complete the following actions:

1) Entergy will implement a TAR Control Program which will contain the following provisions, prior to placing the new siren system in service:

Utilizing a prescribed analytical methodology for identifying the residential and special facility locations that will be offered TARs based on the acoustic coverage maps for the new siren system and data from the 2000 decennial census.

Documenting the best effort attempts to place the TARs at the locations identified using the prescribed analytical methodology.

J. Pollock 2

Maintaining a record system of the addresses where the TARs are placed and notation of locations, if any, where TARs were declined.

Maintaining a program for updating TAR locations as a result of new addresses or occupant changes at the existing addresses.

Providing annual replacement batteries, including a spare set, which can be installed by the user, if needed.

Providing instructions to users regarding the purpose and operation of the TAR, including instructions for manual testing of the batteries.

Having a means of periodic operational verification and reliability testing of the TARs.

Maintaining a feedback mechanism for TAR users to ask questions about their TARs and to provide information to the counties and/or Entergy.

2) Entergy will distribute TARs to required locations in the 0-5 mile region in the EPZ prior to placing the new siren system in service.
3) Entergy will distribute TARs to required locations in the region of the EPZ beyond 5 miles on or before November 1, 2008.

Pursuant to Section 182 of the Atomic Energy Act, 42 U.S.C. 2232, you are required to:

1) Notify me immediately if your understanding differs from that set forth above; and
2) Notify me in writing if for any reason your actions cannot be completed within the specified schedule; and
3) Notify me in writing if you intend to change, deviate from, or not complete any of the documented commitments, prior to the change or deviation; and
4) Notify me in writing when you have completed each of the three actions identified in your July 31, 2008 letter to the NRC.

Issuance of this Confirmatory Action Letter (CAL) does not preclude issuance of an order formalizing the above commitments or requiring other actions on the part of the licensee; nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter. The failure to meet the commitments in this CAL may result in an order if your performance, as demonstrated by the failure to meet CAL commitments, does not provide reasonable assurance that the NRC can rely on you to meet NRCs requirements and protect public health and safety or the common defense and security.

The NRC may also conduct inspection activities as discussed in our Reactor Oversight Program Deviation Memorandum, dated November 23, 2005, to verify that the actions in this CAL have been satisfactorily completed.

J. Pollock 3

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, your submittals referenced herein, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Sincerely,

/RA/

Samuel J. Collins Regional Administrator Docket Nos.: 50-247; 50-286 License Nos.: DPR-26; DPR-64

J. Pollock 3

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, your submittals referenced herein, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Sincerely, Samuel J. Collins Regional Administrator Docket Nos.: 50-247; 50-286 License Nos.: DPR-26; DPR-64 SUNSI Review Complete: DCJ (Reviewer=s Initials)

ADAMS ACC#ML082350676 DOCUMENT NAME: G:\\DRS\\Plant Support Branch 1\\IP Sirens\\Confirmatory Action Letter\\IPEC Siren Cal Rev 3.doc After declaring this document AAn Official Agency Record@ it will be released to the Public.

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DATE 08/04/08 08/01/08 08/04/08 08/04/08 08/06/08 OFFICE RI/RC HQ/NRR/ADRO HQ/NSIR RI/RA HQ/OGC NAME KFarrar/KLF*

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CMarco/via email for DATE 08/04/08 08/05/08 08/05/08 08/19/08 8/20/08 OFFICIAL RECORD COPY

  • See Previous Concurrence Page

J. Pollock 4

cc:

Senior Vice President, Entergy Nuclear Operations Vice President, Operations, Entergy Nuclear Operations Vice President, Oversight, Entergy Nuclear Operations Senior Manager, Nuclear Safety and Licensing, Entergy Nuclear Operations Senior Vice President and COO, Entergy Nuclear Operations Assistant General Counsel, Entergy Nuclear Operations Manager, Licensing, Entergy Nuclear Operations P. Tonko, President and CEO, New York State Energy Research and Development Authority C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law A. Donahue, 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 M. Slobodien, Director, Emergency Planning P. Eddy, NYS Department of Public Service A. Feeney, NYS SEMO Assemblywoman Sandra Galef, NYS Assembly T. Seckerson, County Clerk, Westchester County Board of Legislators 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 Congressman John Hall Congresswoman Nita Lowey Senator Hillary Rodham Clinton Senator Charles Schumer G. Shapiro, Senator Clinton's Staff J. Riccio, Greenpeace P. Musegaas, Riverkeeper, Inc.

M. Kaplowitz, Chairman of County Environment & Health Committee A. Reynolds, Environmental Advocates D. Katz, Executive Director, Citizens Awareness Network K. Coplan, Pace Environmental Litigation Clinic

J. Pollock 5

M. Jacobs, IPSEC W. Little, Associate Attorney, NYSDEC M. J. Greene, Clearwater, Inc.

R. Christman, Manager Training and Development J. Spath, New York State Energy Research, SLO Designee A. J. Kremer, New York Affordable Reliable Electricity Alliance (NY AREA)

R. Thomson, RAC Chair, DHS/FEMA, Region II

J. Pollock 6

Distribution: (via E-mail)

S. Collins, RA M. Dapas, DRA B. Mallett, DEDO R. Zimmerman, NSIR B. Boger, NRR C. Carpenter, OE S. Williams, RI OEDO D. Screnci, PAO R. Nelson, NRR M. Kowal, NRR J. Boska, PM, NRR J. Hughey, NRR M. Gray, DRP B. Bickett, DRP T. Wingfield, DRP G. Malone, DRP, Senior Resident Inspector - Indian Point 2 C. Hott, Resident Inspector - Indian Point 2 P. Cataldo, DRP, Senior Resident Inspector - Indian Point 3 T. Koonce, DRP, Resident Inspector - Indian Point 3 N. McNamara, SLO M. McLaughlin, SLO Region I Docket Room (w/concurrences)

ROPreport Resources R. Kahler, NSIR/EPD M. Gamberoni, DRS D. Roberts, DRS J. Trapp, DRS