ML14085A472

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EA-14-013, Palisades Nuclear Plant; NRC Report No. 05000255-14-406 and Results of OI Report 3-2013-018 - Cover Letter Only
ML14085A472
Person / Time
Site: Palisades Entergy icon.png
Issue date: 03/25/2014
From: Shear G
Division of Reactor Safety III
To: Vitale A
Entergy Nuclear Operations
References
3-2013-018, EA-14-013 IR-14-406
Download: ML14085A472 (5)


See also: IR 05000255/2014406

Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210

LISLE, IL 60532-4352

March 25, 2014

EA-14-013

Mr. Anthony Vitale

Vice President, Operations

Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant

27780 Blue Star Memorial Highway

Covert, MI 49043-9530

SUBJECT: PALISADES NUCLEAR PLANT; NRC REPORT NO. 05000255/2014406 AND

RESULTS OF OI REPORT 3-2013-018

Dear Mr. Vitale

This letter refers to the investigation conducted by the NRC Office of Investigations (OI)

beginning on May 10, 2013, at your Palisades Nuclear Plant. The NRCs investigation was

completed on January 9, 2014. A non-public summary of the NRC investigation results is

enclosed. A final exit briefing was conducted telephonically with your staff on March 14, 2014.

This investigation examined activities conducted under your license as they relate to security

and compliance with the Commissions rules and regulations and with the conditions in your

license. Within these areas, the investigation consisted of an examination of selected

procedures and representative records, and interviews with personnel.

Based on the results of this investigation, apparent violations were identified and are being

considered for escalated enforcement action in accordance with the NRC Enforcement Policy.

The current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/about-

nrc/regulatory/enforcement/enforce-pol.html. The apparent violations involve the circumstances

surrounding an apparent willful failure by two individuals to ensure that an individual standing

watch was qualified, as required by NRC regulations.

Before the NRC makes its enforcement decision, we are providing you an opportunity to:

(1) respond to the apparent violation in writing within 30 days of the date of this letter;

(2) request a Pre-decisional Enforcement Conference (PEC); or (3) request Alternative Dispute

Resolution (ADR). A PEC or ADR session should also be held within 30 days of the date of this

letter. Please contact Richard Skokowski at (630) 829-9757 within 10 days of the date of this

letter to notify the NRC of your intended response.

The enclosure contains Sensitive

Unclassified Non-Safeguards

Information. Upon separation,

this cover letter is decontrolled.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

A. Vitale -2-

If you choose to provide a written response, it should be clearly marked as a Response to an

Apparent Violation in NRC Report 05000255/2014406; EA-14-013 and should include for each

apparent violation: (1) the reason for the apparent violation or, if contested, the basis for

disputing the apparent violation; (2) the corrective steps that have been taken and the results

achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will

be achieved. Your response may reference or include previously docketed correspondence, if

the correspondence adequately addresses the required response. If an adequate response is

not received within the time specified or an extension of time has not been granted by the NRC,

the NRC will proceed with its enforcement decision or schedule a PEC.

If you choose to request a PEC, the conference will afford you the opportunity to provide your

perspective on these matters and any other information that you believe the NRC should take

into consideration before making an enforcement decision. The decision to hold a PEC does

not mean that the NRC has determined that a violation has occurred or that enforcement action

will be taken. This conference would be conducted to obtain information to assist the NRC in

making an enforcement decision. The topics discussed during the conference may include

information to determine whether a violation occurred, information to determine the significance

of a violation, information related to the identification of a violation, and information related to

any corrective actions taken or planned. In presenting your corrective actions, you should be

aware that the promptness and comprehensiveness of your actions will be considered in

assessing any civil penalty for the apparent violation. If a PEC is held, the NRC will issue a

press release to announce the time and date of the conference; however, it will be closed to

public observation because the apparent violation is based on an NRC OI Report that has not

been publicly disclosed and pertains to whether individuals have committed wrongdoing.

In lieu of a PEC, you may also request Alternative Dispute Resolution (ADR) with the NRC in an

attempt to resolve this issue. ADR is a general term encompassing various techniques for

resolving conflicts using a third party neutral. The technique that the NRC has decided to

employ is mediation. Mediation is a voluntary, informal process in which a trained neutral (the

mediator) works with parties to help them reach resolution. If the parties agree to use ADR,

they select a mutually agreeable neutral mediator who has no stake in the outcome and no

power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up

misunderstandings, be creative, find areas of agreement, and reach a final resolution of the

issues. Additional information concerning the NRC's program can be obtained at

http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict

Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral

third party. Please contact ICR at 877-733-9415 in addition to Mr. Skokowski within 10 days of

the date of this letter if you are interested in pursuing resolution of this issue through ADR.

In addition, please be advised that the number and characterization of apparent violations

described in the enclosure may change as a result of further NRC review. You will be advised

by separate correspondence of the results of our deliberations on this matter.

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 NRC's Agencywide Documents Access and Management System (ADAMS), accessible

from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, the material

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

A. Vitale -3-

enclosed herewith contains Security-Related Information in accordance with

10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security

vulnerability. Therefore, the material in the enclosure will not be made available electronically

for public inspection in the NRC Public Document Room or from the NRCs Agencywide

Documents Access and Management System (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html. If Security-Related Information is necessary to

provide an acceptable response, please mark your entire response Security-Related Information

in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in

10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit

requirements for your response.

If you have any questions concerning this matter, please contact Mr. Richard Skokowski of my

staff at (630) 829-9757.

Sincerely,

/RA/

Gary L. Shear, Director

Division of Reactor Safety

Docket Nos. 50-255

License No. DPR-20

Enclosure:

Factual Summary of NRC Investigation

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

A. Vitale -3-

enclosed herewith contains Security-Related Information in accordance with

10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security

vulnerability. Therefore, the material in the enclosure will not be made available electronically

for public inspection in the NRC Public Document Room or from the NRCs Agencywide

Documents Access and Management System (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html. If Security-Related Information is necessary to

provide an acceptable response, please mark your entire response Security-Related Information

in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in

10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit

requirements for your response.

If you have any questions concerning this matter, please contact Mr. Richard Skokowski of my

staff at (630) 829-9757.

Sincerely,

/RA/

Gary L. Shear, Director

Division of Reactor Safety

Docket Nos. 50-255

License No. DPR-20

Enclosure:

Factual Summary of NRC Investigation

SEE PREVIOUS CONCURRENCE

FILE NAME: G:\ORAIII\EICS\ENFORCEMENT\Cases\Enforcement Cases 2014\EA-14-013, 14, 15 Palisades

Security OI\EA-14-013 Palisades Choice letter.docx

OFFICE RIII RIII RIII D: OI D:OGC D:OE RIII RIII

1 2

NAME Lougheed Skokowski Heck Goetz Scott Zimmerman Orth Shear

Barkman-Marsh Furst

DATE 03/13/14 03/14/14 03/17/14 03/17/14 03/24/14 03/24/14 03/24/14 03/25/14

OFFICIAL RECORD COPY

1

OGC No Legal Objection provided via email from D. Furst on March 24, 2014

2

OE concurrence provided via email from D. Furst on March 24, 2014

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

Letter to Anthony Vitale from Gary L. Shear dated March 25, 2014

SUBJECT: PALISADES NUCLEAR PLANT; NRC REPORT NO. 05000255/2014406 AND

RESULTS OF OI REPORT 3-2013-018

DISTRIBUTION

RidsSecyMailCenter Resource Seth Coplin

OCADistribution Ernesto Quinones

Mark Satorius RidsNrrPMPalisades Resource

Michael Johnson RidsNrrDorlLpl3-1 Resource

Roy Zimmerman RidsNrrDirsIrib Resource

Nick Hilton Steven Orth

David Furst Allan Barker

Cynthia Pederson Harral Logaras

Anne Boland Viktoria Mitlyng

Marvin Itzkowitz Prema Chandrathil

Catherine Scott Patricia Lougheed

Eric Leeds Paul Pelke

Jennifer Uhle Magdalena Gryglak

Carleen Sanders Sarah Bahksh

James Wiggins Carole Ariano

Patricia Holahan Linda Linn

Shyrl Coker DRPIII

Brice Bickett DRSIII

Carolyn Evans Patricia Buckley

Vivian Campbell RidsOemailCenter

Holly Harrington OEWEB Resource

Hubert Bell ROPassessment.Resource@nrc.gov

Cheryl McCrary

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION