ML14329B090

EN-14-048, Issuance of a Confirmatory Order and Notice of Violation with Proposed Imposition of Civil Penalty - $70,000, River Bend Station (EA-14-009)

ML14329B090
Person / Time
Site:	River Bend
Issue date:	11/25/2014
From:	Furst D M, Wray J R NRC/OE
To:	Entergy Operations
Furst D
References
EA-14-009, EN-14-048
Download: ML14329B090 (3)

Text

November 25, 2014 EN-14-048

OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION

Licensee: Entergy Operations, Inc. EA-14-009 River Bend Station Docket No. 05000458

Subject:

ISSUANCE OF A CONFIRMATORY ORDER AND NOTICE OF VIOLATION WITH PROPOSED IMPOSITION OF CIVIL PENALTY-$70,000

This is to inform the Commission that a Confirmatory Order (CO) will be issued to Entergy Nuclear Operations, Inc. (Entergy), on or about December 3, 2014. The CO will confirm commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between Entergy and the Nuclear Regulatory Commission (NRC). An investigation was completed by the NRC Office of Investigations on December 31, 2013, to determine whether an apparent violation involved the willful actions of an unidentified security officer which occurred at Entergy's River Bend Station on March 18, 2012. The willful actions of the unidentified security officer caused Entergy to be in violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 73, "Physical Protection of Plants and Materials."

The NRC and Entergy agree that the actions of an unidentified security officer at River Bend Station constitute a willful violation of 10 CFR Part 73. However, the NRC and Entergy disagree on the specific aspects of the willful characterization of the violation. At the ADR mediation session, held on September 22, 2014, Entergy agreed that a Notice of Violation would be issued.

In light of the significant corrective actions the licensee has already taken and the additional actions they committed to take to enhance their security program, the NRC is exercising enforcement discretion to reduce the severity level of the escalated enforcement sanction that was initially proposed in our preliminary letter dated July 16, 2014 (Non-Public). The NRC's rationale behind its decision to exercise enforcement discretion in characterizing the violation is incorporated in an attachment to the CO. The attachment will not be publicly available because it contains security-related information. In addition, Entergy agreed to pay a civil penalty of $70,000 as part of the settlement. The NRC is satisfied that its concerns were addressed by the licensee making their commitments legally binding through the CO.

CONTACTS: David Furst, OE/EB John Wray, OE (301) 415-7634 (301) 415-1288

It should be noted Entergy will be informed of the issuance of the Order on or about the following dates: Mailing of Notice December 3, 2014 Telephone Notification of Individual December 3, 2014 The State of Louisiana will be notified.

DISTRIBUTION

EN-14-048, November 25, 2014 OWFN OWFN TWFN Regional Offices Chairman Macfarlane Comm. Svinicki Comm. Ostendorff

Comm. Baran Comm. Burns SECY OCA OPA OIP EDO DEDR DEDMRS OE OGC NRR OI OIG OCFO OIS RES ACRS FSME NRO

3WFN NMSS NSIR OP CENTER

RI RII RIII RIV

MAIL OE staff DISTRIBUTION

Public PHolahan, OE SGhasemian, OE JWray, OE

DFurst, OE MLayton, NSIR SCoker, NSIR OE r/f EN Binder

ADAMS Accession Number

ML14329B090 OFFICE OE:ES OE:BC (acting) NAME DFurst JWray DATE 11/25/14 11/25/14 OFFICIAL RECORD COPY