ML14085A472
| ML14085A472 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| 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
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
March 25, 2014
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
A. Vitale
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OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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
A. Vitale
-3-
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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
A. Vitale
-3-
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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
NAME
Lougheed Skokowski Heck
Goetz
Scott1
Barkman-Marsh
Zimmerman2
Furst
Orth
Shear
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
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
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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