ML071080092

EN-07-024-N, Indian Point Nuclear Generating Station

ML071080092
Person / Time
Site:	Indian Point
Issue date:	04/18/2007
From:	Cindy Montgomery, Starkey R NRC/OE
To:
Starkey D
References
EA-07-092 EN-07-024
Download: ML071080092 (2)

Text

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION April 18, 2007 EN-07-024 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Entergy Nuclear Operations, Inc. (EA-07-092)

Indian Point Nuclear Generating Station, Units 2 & 3 Docket Nos. 05000247 and 05000286

Subject:

PROPOSED IMPOSITION OF CIVIL PENALTY - $130,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $130,000 will be issued on or about April 23, 2007, to Entergy Nuclear Operations, Inc. This action is based on a SL III violation of the Nuclear Regulatory Commissions (NRCs) January 31, 2006, Confirmatory Order to implement Section 651(b) of the Energy Policy Act (Act) of 2005. The Order required Entergy to provide and maintain a backup power supply for the Indian Point emergency notification system by January 30, 2007.

The NRC subsequently extended, at the licensees request, the implementation date to April 15, 2007. As of April 16, 2007, the licensee is in violation of the Order.

Because this licensee has been the subject of escalated enforcement actions within the last 2 years, the NRC considered whether credit was warranted for identification and corrective action. In accordance with the civil penalty assessment process in Section VI.C.2 of the NRC Enforcement Policy, the staff determined that credit was not warranted for either identification or corrective action. Therefore, to emphasize the importance of compliance with NRC requirements the NRC proposes imposition of two times the base Civil Penalty for a SL III violation in the amount of $130,000. NRC will continue inspection activities to verify that the licensee takes appropriate actions to address this violation and to comply with the Order.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Notice April 23, 2007 Telephone Notification of Licensee April 23, 2007 The State of New York will be notified.

Contacts: Doug Starkey, OE, 301-415-3456 Cheryl Montgomery, OE, 301-415-2741 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION Electronic Distribution: EN-07-024, April 18, 2007 OWFN OWFN TWFN Regional Offices Chairman Klein DO OCFO RI RII Comm. McGaffigan DEDR OP CENTER RIII RIV Comm. Merrifield DEDMRT NMSS Comm. Jaczko OE OIG Comm. Lyons OGC OCIO MAIL SECY NRR RES PUBLIC OCA NSIR ACRS OE staff OPA OI FSME OIP NRO DISTRIBUTION: (Hard copy)

C. Carpenter, OE C. Montgomery, OE D. Starkey D. Solorio L. Trocine OE r/f EA-07-092 File EN binder ADAMS ML071080092 X Publicly Available G Non-Publicly Available G Sensitive X Non-Sensitive File Name: C:\FileNet\ML071080092.wpd OE:ES OE:SC DStarkey CMontgomery 04/18/07 04/18/07 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION