ML090930159

G20090157/LTR-09-0102/EDATS: SECY-2009-0123 - Susan Kassouf E-mail Indian Point/Entergy - Siren System-- Ltr. to Susan Kassouf from Cynthia Carpenter

ML090930159
Person / Time
Site:	Indian Point
Issue date:	04/06/2009
From:	Carpenter C NRC/OE
To:	Kassouf S - No Known Affiliation
Starkey D
Shared Package
ML090780739	List: ML090930159
References
EDATS: SECY-2009-0123, G20090157, LTR-09-0102
Download: ML090930159 (2)

Text

April 6, 2009 Ms. Susan Kassouf 5302 Manor Drive Peekskill, NY 10566

Dear Ms. Kassouf:

In your letter to the U.S. Nuclear Regulatory Commissions (NRC) dated March 16, 2009, you requested to know the reasons for the Commission decision not to issue a civil penalty for Entergys delays in placing the new siren system in service at Indian Point. Your letter has been referred to me by the Commission for response.

The NRC did take two enforcement actions against Entergy for this issue, as noted below. In making the decision not to take additional enforcement action against Entergy for this issue, the NRC considered several factors. First and foremost, the NRC had achieved its objective of bringing Entergy into compliance by the issuance of $780,000 in civil penalties ($130,000 on April 23, 2007 and $650,000 on January 24, 2008), one of the largest total civil penalties ever issued by NRC. Subsequent to the issuance of the $650,000 civil penalty, on February 8, 2008, Entergy provided a schedule for completing various commitments and placing the new Emergency Notification System (ENS) in service. Entergy was then diligent in working with the Federal Emergency Management Agency (FEMA) to address FEMAs requirements for the new ENS. In August 2008, FEMA concluded that the new ENS at Indian Point met FEMA regulations and guidance and was therefore acceptable to be placed in service, and Entergy declared the system operational on August 27, 2008. An NRC inspection in December 2008 found reliability tests and Entergys corrective actions to be acceptable.

Since compliance with NRC Orders had been achieved, and for the reasons stated above, the NRC concluded that further enforcement action in this area was not warranted. I appreciate your interest in this matter.

Sincerely,

/RA/

Cynthia A. Carpenter, Director Office of Enforcement

April 6, 2009 Ms. Susan Kassouf 5302 Manor Drive Peekskill, NY 10566

Dear Ms. Kassouf:

In your letter to the U.S. Nuclear Regulatory Commissions (NRC) dated March 16, 2009, you requested to know the reasons for the Commission decision not to issue a civil penalty for Entergys delays in placing the new siren system in service at Indian Point. Your letter has been referred to me by the Commission for response.

The NRC did take two enforcement actions against Entergy for this issue, as noted below. In making the decision not to take additional enforcement action against Entergy for this issue, the NRC considered several factors. First and foremost, the NRC had achieved its objective of bringing Entergy into compliance by the issuance of $780,000 in civil penalties ($130,000 on April 23, 2007 and $650,000 on January 24, 2008), one of the largest total civil penalties ever issued by NRC. Subsequent to the issuance of the $650,000 civil penalty, on February 8, 2008, Entergy provided a schedule for completing various commitments and placing the new Emergency Notification System (ENS) in service. Entergy was then diligent in working with the Federal Emergency Management Agency (FEMA) to address FEMAs requirements for the new ENS. In August 2008, FEMA concluded that the new ENS at Indian Point met FEMA regulations and guidance and was therefore acceptable to be placed in service, and Entergy declared the system operational on August 27, 2008. An NRC inspection in December 2008 found reliability tests and Entergys corrective actions to be acceptable.

Since compliance with NRC Orders had been achieved, and for the reasons stated above, the NRC concluded that further enforcement action in this area was not warranted. I appreciate your interest in this matter.

Sincerely,

/RA/

Cynthia A. Carpenter, Director Office of Enforcement DISTRIBUTION: G20090157, LTR-09-0102 - EDATS: SECY-2009-0123 OE r/f EDO S. Collins G. West DDiaz-Toro B. Mallett M. Virgilio OGC V. Ordaz E. Leeds S. Collins, RI Package ML090780739 OFFICE OE OE OE OGC OE NAME D. Starkey N. Hilton S. Magruder M. Barkman C. Carpenter (nlo)

DATE 04/03/09 04/03/09 04/03/09 04/03 /09 04/06/09 OFFICIAL RECORD COPY