ML090620457
| ML090620457 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/03/2009 |
| From: | Collins S Region 1 Administrator |
| To: | Balduzzi M Entergy Nuclear Operations |
| McLaughlin M | |
| References | |
| CAL 1-08-005, EA-05-190, EA-07-189, EA-08-265 EA-08-265-1 | |
| Download: ML090620457 (5) | |
Text
March 3, 2009 EA-08-265 Mr. Michael A. Balduzzi Sr. Vice President & COO Regional Operations, NE Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
SUBJECT:
CLOSE OUT OF NRC ORDERS, CONFIRMATORY ACTION LETTER, AND ENFORCEMENT ACTIONS TAKEN REGARDING NEW EMERGENCY NOTIFICATION SYSTEM AT INDIAN POINT
Dear Mr. Balduzzi:
This letter closes out the Nuclear Regulatory Commission (NRC) Orders, Confirmatory Action Letter, and enforcement actions taken regarding the new Emergency Notification System (ENS) at the Indian Point Energy Center (Indian Point) in view of the previous enforcement sanctions totaling $780,000 in civil penalties, the actions taken by Entergy Nuclear Operations (Entergy) after issuance of a $650,000 civil penalty in January 2008, and the results of a recent NRC inspection. No additional enforcement action is planned.
NRC Orders issued on January 31, 2006 (EA-05-190), and July 30, 2007 (EA-07-189), required Entergy to have an ENS in place with backup power capability by specified dates. Entergy failed to meet the specified dates. As a result, on April 23, 2007, the NRC issued Entergy a Notice of Violation and Proposed Imposition of a Civil Penalty (NOV-CP) (EA-07-092) in the amount of $130,000 for its initial failure to implement the ENS by April 15, 2007. In addition, on January 24, 2008, the NRC issued to Entergy another NOV-CP (EA-08-006) in the amount of
$650,000 for the continuing failure to implement the ENS after April 16, 2007.
In response to the January 24, 2008, NOV-CP, Entergy provided, on February 8, 2008, a schedule for completing various commitments and placing the ENS in service. In addition, Entergy provided siren project milestone schedule update letters, dated July 25, August 8, August 12, and August 26, 2008. The NRC previously reviewed these milestone activities, as described in the NRC letter dated October 14, 2008. In a letter dated August 22, 2008, the Federal Emergency Management Agency (FEMA) concluded that the new ENS at Indian Point met FEMA regulations and guidance, and was therefore acceptable to be placed in service on a provisional basis. Entergy placed the system in service on August 27, 2008.
M. Balduzzi 2 On December 16, 2008, the NRC completed an inspection to review the results of testing of the public alerting system at Indian Point. Based on the inspection, the NRC determined that the new ENS was reliable during tests conducted on September 24, October, 22, and November 20, 2008. The NRC also found that Entergy satisfied the commitment described in the NRC Confirmatory Action Letter 1-08-005 (issued on August 22, 2008), to deploy Tone Alert Radios to certain households within the emergency planning zone by November 1, 2008. In the letter dated December 12, 2008, Mr. Fred Dacimo stated that Entergy has completed all actions associated with the NRC Orders. Based on its inspection, the NRC also concluded that Entergy has completed the actions and is now in compliance with the Orders. The NRC inspection report was issued on January 27, 2009.
The NRC will continue to provide oversight of the new ENS as part of its inspection program. In addition, after the system has been in service for a year, Entergy is required to submit a final design report, which, among other things, describes the ENS reliability test results for the year.
That report will be evaluated by FEMA.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, and your response, if you choose to provide a response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s Agency wide Documents and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, any such response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator Docket Nos: 50-247; 50-286 License Nos: DPR-26; DPR-64
M. Balduzzi 2 On December 16, 2008, the NRC completed an inspection to review the results of testing of the public alerting system at Indian Point. Based on the inspection, the NRC determined that the new ENS was reliable during tests conducted on September 24, October, 22, and November 20, 2008. The NRC also found that Entergy satisfied the commitment described in the NRC Confirmatory Action Letter 1-08-005 (issued on August 22, 2008), to deploy Tone Alert Radios to certain households within the emergency planning zone by November 1, 2008. In the letter dated December 12, 2008, Mr. Fred Dacimo stated that Entergy has completed all actions associated with the NRC Orders. Based on its inspection, the NRC also concluded that Entergy has completed the actions and is now in compliance with the Orders. The NRC inspection report was issued on January 27, 2009.
The NRC will continue to provide oversight of the new ENS as part of its inspection program. In addition, after the system has been in service for a year, Entergy is required to submit a final design report, which, among other things, describes the ENS reliability test results for the year. That report will be evaluated by FEMA.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, and your response, if you choose to provide a response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s Agency wide Documents and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, any such response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator Docket Nos: 50-247, 50-286 License Nos: DPR-26, DPR-64 SUNSI Review Complete: mmm (Reviewer=s Initials)
ADAMS Document Accession No.: ML090620457 DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Indian Point Siren Order CP\IP Closeout of Siren Enforcement Actions.doc After declaring this document AAn 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/ORA RI/DRS RI/DRS RI/DRP RI/RC NAME *MMcLaughlin *JTrapp S Barr for *DRoberts/ DJR *DLew *KFarrar DATE 12/02/08 12/09/08 12/09 /08 12/ 11/08 12/03/08 OFFICE RI/ORA NRR NSIR OGC OE NAME *DHolody BBoger WDean CMarco CCarpenter DATE 12/11/08 12/15/08 1/08/09 12/12/08 1/14/09 OFFICE RI/RA NAME SCollins DATE 03/03/09 OFFICIAL RECORD COPY
- see previous concurrence page
M. Balduzzi 3 cc: F. Zalcman, Pace Law School, Energy Senior Vice President, Entergy Nuclear Project Operations L. Puglisi, Supervisor, Town of Cortlandt Vice President, Operations, Entergy Congressman Eliot Engel Nuclear Operations Congressman John Hall Vice President, Oversight, Entergy Nuclear Congressman Maurice Hinchey Operations Congresswoman Nita Lowey Senior Manager, Nuclear Safety and Senator Kirsten Gillibrand Licensing, Entergy Nuclear Operations Senator Charles Schumer Senior Vice President and COO, Entergy G. Shapiro, Senator Gillibrand's Staff Nuclear Operations J. Riccio, Greenpeace Assistant General Counsel, Entergy Nuclear P. Musegaas, Riverkeeper, Inc.
Operations M. Kaplowitz, Chairman of County Manager, Licensing, Entergy Nuclear Environment & Health Committee Operations A. Reynolds, Environmental Advocates C. Donaldson, Esquire, Assistant Attorney D. Katz, Executive Director, Citizens General, New York Department of Law Awareness Network R. Thomson, FEMA K. Coplan, Pace Environmental Litigation A. Donahue, Mayor, Village of Buchanan Clinic J. G. Testa, Mayor, City of Peekskill M. Jacobs, IPSEC R. Albanese, Four County Coordinator W. Little, Associate Attorney, NYSDEC S. Lousteau, Treasury Department, Entergy M. J. Greene, Clearwater, Inc.
Services, Inc. R. Christman, Manager Training and Chairman, Standing Committee on Energy, Development NYS Assembly J. Spath, New York State Energy Research, Chairman, Standing Committee on SLO Designee Environmental Conservation, NYS A. J. Kremer, New York Affordable Reliable Assembly Electricity Alliance (NY AREA)
Chairman, Committee on Corporations, S. Martinelli, FUSE Authorities, and Commissions M. Slobodien, Director, Emergency Planning P. Eddy, NYS Department of Public Service A. Feeney, NY 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
M. Balduzzi 4 DISTRIBUTION:
SECY CA OEMAIL OEWEB WBorchardt, EDO BMallett, DEDR SWilliams, OEDO TBloomer, OEDO CCarpenter, OE SMagruder, OE LLopez,OE NHasan, OE LSreenivas, OE SMerchant, OE SWoods, OE SBogle, OE DStarkey, OE RSummers, OE CMarco, OGC RRomine, OGC ELeeds, NRR JWiggins, NRR BBoger, NRR JBoska, PM, NRR CEvans, Enforcement Coordinator, RII KOBrien, Enforcement Coordinator, RIII KFuller, Enforcement Coordinator, RIV EHayden, OPA RSchmidt, OCA EDacus, OCA HBell, OIG GCaputo, OI STitherington-Buda, OCFO MWilliams, OCFO DScrenci/NSheehan, RI NMcNamara, RI MGray, RI MCox, RI PCataldo, RI KFarrar, RI DHolody, RI MMcLaughlin, RI ADeFrancisco, RI CO=Daniell, RI R1DRPMailResource Region I OE Files (w/concurrences)
SCollins, RI MDapas, RI DLew, RI JTrapp, RI