ML080180148

EN-08-004, Entergy Nuclear Operations, Inc. (EA-08-006)

ML080180148
Person / Time
Site:	Indian Point
Issue date:	01/18/2008
From:	Hilton A, Starkey D NRC/OE
To:
Starkey D,OE,301-415-3456
References
EA-08-006 EN-08-004
Download: ML080180148 (2)

Text

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION January 18, 2008 EN-08-004 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Entergy Nuclear Operations, Inc. (EA-08-006)

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

Subject:

PROPOSED IMPOSITION OF CIVIL PENALTY - $650,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $650,000 will be issued on or about January 24, 2008, to Entergy Nuclear Operations, Inc. This action is based on a continuing SL III violation of the NRCs January 31, 2006, Confirmatory Order to implement Section 651(b) of the Energy Policy Act (Act) of 2005. The Order required Entergy to install backup power for the Indian Point Alert and Notification System (ANS) by January 31, 2007. The NRC subsequently extended, at the licensees request, the implementation date to April 15, 2007. On April 23, 2007, the staff issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $130,000 when Entergy failed to meet the April 15, 2007, implementation date. On July 30, 2007, the NRC issued an Order to supplement the requirements of the January 31, 2006, Confirmatory Order, based on Entergy=s proposed corrective actions for noncompliance with the Confirmatory Order. On August 30, 2007, the staff issued a subsequent Notice of Violation for Entergys failure to place the new ANS in service by August 24, 2007, as required by the July 30, 2007, Order. As of April 16, 2007, the licensee remains in violation of the requirements.

Entergy=s failure to meet the terms of the two Orders significantly undermines the regulatory effectiveness of the NRC in terms of ensuring the timely implementation of the Act. Entergy=s failure to implement the new ANS is of significant regulatory concern given the mandate by Congress and the licensees delay on multiple occasions in implementing the new ANS. The factors and difficulties encountered in meeting the implementation due date described in the Order(s) were reasonably within Entergy=s control. Therefore, to emphasize the importance of compliance with NRC requirements, the staff proposes imposition a Civil Penalty for a SL III violation in the amount of $650,000, consistent with the Note to Commissioners Assistants sent to the Commission on January 14, 2008.

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 January 24, 2008 Telephone Notification of Licensee January 24, 2008 The State of New York will be notified.

Contacts: Doug Starkey, OE, 301-415-3456 Nick Hilton, OE, 301-415-3055 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-08-004, January 18, 2008 OWFN OWFN TWFN Regional Offices Chairman Klein EDO OCFO RI RII Comm. Jaczko DEDR OP CENTER RIII RIV Comm. Lyons DEDMRT NMSS SECY OE OIG OCA OGC OCIO MAIL OPA NRR RES PUBLIC OIP NSIR ACRS OE staff OI FSME DISTRIBUTION: (Hard copy)

C. Carpenter, OE S. Magruder, OE N. Hilton, OE D. Starkey, OE OE r/f EA-08-006 File EN binder ML080180148 X Publicly Available G Non-Publicly Available Sensitive X Non-Sensitive File Name: G:\OECASES\ENs\2008 ENs\EN-08-XXX Indian Point drs.doc OFFICE OE OE NAME DStarkey NHilton DATE 01/ 17 /08 01/ 18 /08 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION