IR 05000255/2014406: Difference between revisions

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=Text=
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{{#Wiki_filter:uly 21, 2014
{{#Wiki_filter:UNITED STATES uly 21, 2014


==SUBJECT:==
==SUBJECT:==
CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/ 2014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT
CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/
2014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT


==Dear Mr. Vitale:==
==Dear Mr. Vitale:==
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as a result of a successful Alternative Dispute Resolution (ADR) session. The enclosed commitments were made by you, as the licensee, as part of a settlement agreement between you and the U.S. Nuclear Regulatory Commission (NRC) concerning apparent violations of NRC requirements, as discussed in the enclosure to our letter dated March 25, 2014.
as a result of a successful Alternative Dispute Resolution (ADR) session. The enclosed commitments were made by you, as the licensee, as part of a settlement agreement between you and the U.S. Nuclear Regulatory Commission (NRC) concerning apparent violations of NRC requirements, as discussed in the enclosure to our letter dated March 25, 2014.


Our March 25, 2014, letter provided you with the results of an investigation conducted by the NRC's Office of Investigations to determine whether a security manager at the Palisades Nuclear Plant (Palisades) willfully failed to follow the security plan procedures when he assigned a security supervisor to assume a security post without verifying the supervisor's qualifications, and whether a security supervisor at Palisades willfully failed to follow security plan procedures when he assumed the security post without verifying qualifications, contrary to the requirements in Title 10 of the Code of Federal Regulations Part 73, Appendix B, II B., "Qualification Requirements" and Palisades Security Plan Section 3.1.
Our March 25, 2014, letter provided you with the results of an investigation conducted by the NRCs Office of Investigations to determine whether a security manager at the Palisades Nuclear Plant (Palisades) willfully failed to follow the security plan procedures when he assigned a security supervisor to assume a security post without verifying the supervisors qualifications, and whether a security supervisor at Palisades willfully failed to follow security plan procedures when he assumed the security post without verifying qualifications, contrary to the requirements in Title 10 of the Code of Federal Regulations Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1.


Our letter also informed you that the apparent violation was being considered for enforcement action in accordance with the NRC's Enforcement Policy and provided you with the option of:  
Our letter also informed you that the apparent violation was being considered for enforcement action in accordance with the NRCs Enforcement Policy and provided you with the option of:
(1) providing a written response to the violation; (2) attending a Predecisional Enforcement  
(1) providing a written response to the violation; (2) attending a Predecisional Enforcement Conference; or (3) requesting ADR with the NRC.


Conference; or (3) requesting ADR with the NRC.
In response to our letter, you requested ADR. An ADR mediation session was held on May 15, 2014, and a preliminary settlement agreement was reached. The elements of the preliminary agreement were formulated and agreed to at the mediation session. Consistent with the purposes of ADR, you and the NRC acknowledged that the session was not for the purposes of reaching any conclusions regarding any facts or circumstances discussed in our letter dated March 25, 2014.


In response to our letter, you requested ADR. An ADR mediation session was held on May 15, 2014, and a preliminary settlement agreement was reached. The elements of the preliminary agreement were formulated and agreed to at the mediation session. Consistent with the purposes of ADR, you and the NRC acknowledged that the session was not for the purposes of reaching any conclusions regarding any facts or circumstances discussed in our letter dated March 25, 2014.
At the session, you agreed that a Confirmatory Order would be issued in settlement of a disputed claim in order to avoid further action by the NRC. In light of the corrective actions you have taken or agreed to take, as described in the Confirmatory Order (Enclosure 1), the NRC is satisfied that its concerns will be addressed by making your commitments legally binding. As evidenced by your signed Consent and Hearing Waiver Form (Enclosure 2), dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.


At the session, you agreed that a Confirmatory Order would be issued in settlement of a disputed claim in order to avoid further action by the NRC. In light of the corrective actions you have taken or agreed to take, as described in the Confirmatory Order (Enclosure 1), the NRC is satisfied that its concerns will be addressed by making your commitments legally binding. As evidenced by your signed "Consent and Hearing Wa iver Form" (Enclosure 2), dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution, as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.


Pursuant to Section 223 of the Atomic Ener gy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution, as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, along with its enclosures, will 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.


In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, along with its enclosures, will be made 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. The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.
The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.


Sincerely,
Sincerely,
/RA/
/RA/
Cynthia D. Pederson Regional Administrator  
Cynthia D. Pederson Regional Administrator Docket No. 50-255 License No. DPR-20 Enclosures:
1. Confirmatory Order 2. Consent and Hearing Waiver


Docket No. 50-255 License No. DPR-20 Enclosures:
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of  )
    ) Docket No. 05000255 Entergy Nuclear Operations, Inc.  ) License No. DPR-20 Palisades Nuclear Plant  ) EA-14-013 CONFIRMATORY ORDER MODIFYING LICENSE I
Entergy Nuclear Operations, Inc., (Licensee or Entergy) is the holder of Reactor Operating License No. DPR-20 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission)
pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971, and renewed on January 17, 2007. The license authorizes the operation of the Palisades Nuclear Plant in accordance with conditions specified therein.


1. Confirmatory Order  
This Confirmatory Order is the result of an agreement reached during an alternative dispute resolution (ADR) mediation session conducted on May 15, 2014.


2. Consent and Hearing Waiver
II On May 10, 2013, the NRC Office of Investigations (OI), Region III Field Office initiated an investigation to determine whether employees at the Palisades Nuclear Plant (Palisades)
willfully failed to follow the security plan requirements, when a security manager assigned a security operations supervisor to perform duties without confirming whether the supervisor had the appropriate qualifications. The investigation also assessed whether the security operations supervisor assumed those duties as requested. The investigation was completed on January 9, 2014, and was documented in OI Report No. 3-2013-018. The investigation Enclosure 1


Enclosure 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
concluded that both the security manager and the security operations supervisor willfully violated 10 CFR Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1.
) Docket No. 05000255 Entergy Nuclear Operations, Inc. ) License No. DPR-20 Palisades Nuclear Plant ) EA-14-013


CONFIRMATORY ORDER MODIFYING LICENSE
Specifically, in mid-December 2012, a supervisory security individual at Palisades requested leave for Christmas Eve. In order to grant at least part of the individuals request, a security manager requested a security operations supervisor to fill two hours of the individuals shift. At multiple times during the conversation, the security operations supervisor informed the security manager that his technical supervisory qualifications were not completed. The security manager acknowledged that he was aware that the security operations supervisors qualifications were not completed. However, the security manager stated that he believed that only meant the security operations supervisor was not qualified to perform one particular job function, and he stated that the security operations supervisor would not need to perform that job function during the two hours where he would be filling in for the other supervisor. Neither the security manager nor the security operations supervisor verified the qualifications for the position despite a site requirement to check qualifications before assigning or assuming posts.


I Entergy Nuclear Operations, Inc., (Licensee or Entergy) is the holder of Reactor Operating License No. DPR-20 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971, and renewed on January 17, 2007. The license authorizes the operation of the Palisades Nuclear Plant in accordance with conditions specified therein.
The security manager stated that he did not review the security plan or check with anyone on the security operations supervisors qualifications until the end of April after two condition reports were written questioning the decision. The security operations supervisor stated that he relied upon what the security manager told him, as to why it was acceptable to assume the post.


This Confirmatory Order is the result of an agreement reached during an alternative dispute resolution (ADR) mediation session conducted on May 15, 2014.
The security operations supervisor also said that he was not challenged on his qualifications prior to assuming the post, although that was a routine practice.


II On May 10, 2013, the NRC Office of Investigations (OI), Region III Field Office initiated an investigation to determine whether employees at the Palisades Nuclear Plant (Palisades) willfully failed to follow the security plan requirements, when a security manager assigned a security operations supervisor to perform duties without confirming whether the supervisor had the appropriate qualifications. The investigation also assessed whether the security operations supervisor assumed those duties as requested. The investigation was completed on January 9, 2014, and was documented in OI Report No. 3-2013-018. The investigation 2 concluded that both the security manager and the security operations supervisor willfully violated 10 CFR Part 73, Appendix B, II B., "Qualification Requirements" and Palisades Security Plan Section 3.1.
Both the security manager and the security operations supervisor failed to verify the security operations supervisors qualification for a position prior to having him assume that position for two hours on December 24, 2012. The NRC determined that this was a violation of


Specifically, in mid-December 2012, a supervisory security individual at Palisades requested leave for Christmas Eve. In order to grant at least part of the individual's request, a security manager requested a security operations supervisor to fill two hours of the individual's shift. At multiple times during the conversation, the secu rity operations supervisor informed the security manager that his technical supervisory qualifications were not completed. The security manager acknowledged that he was aware that the security operations supervisor's qualifications were not completed. However, the security manager stated that he believed that only meant the security operations supervisor was not qualified to perform one particular job function, and he stated that the security operations supervisor would not need to perform that job function during the two hours where he would be filling in for the other supervisor. Neither the security manager nor the security operations supervisor verified the qualifications for the position despite a site requirement to check qualifications before assigning or assuming posts. The security manager stated that he did not review the security plan or check with anyone on the security operations supervisor's qualifications until the end of April after two condition reports were written questioning the decision. The security operations supervisor stated that he relied upon what the security manager told him, as to why it was acceptable to assume the post.
10 CFR Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1. Specifically, 10 CFR Part 73, Appendix B, II B., Qualification Requirements requires that each person who performs security-related job tasks or job duties required to implement the licensee physical security or contingency plan shall, prior to being assigned to duties, be qualified in accordance with the licensees NRC-approved training and qualifications plan.


The security operations supervisor also said that he was not challenged on his qualifications prior to assuming the post, although that was a routine practice.
Section 3.1 of the Palisades Nuclear Plant Physical Security Plan, Appendix B, Revision 14, required, in part, that each individual assigned duties and responsibilities identified in the security plans, licensee protective strategy, and implementing procedures must before assignment: (1) be trained and qualified to perform assigned duties and responsibilities in accordance with the requirements of the training and qualification plan; (2) meet the minimum qualification requirements of the training and qualification plan; and (3) be trained and qualified in the use of all equipment or devices required to effectively perform all assigned duties and responsibilities.
 
Both the security manager and the security operations supervisor failed to verify the security operations supervisor's qualification for a position prior to having him assume that position for two hours on December 24, 2012. The NRC determined that this was a violation of 3 10 CFR Part 73, Appendix B, II B., "Qualification Requirements" and Palisades Security Plan Section 3.1. Specifically, 10 CFR Part 73, Appendix B, II B., "Qualification Requirements" requires that each person who performs security-related job tasks or job duties required to implement the licensee physical security or contingency plan shall, prior to being assigned to duties, be qualified in accordance with the licensee's NRC-approved trai ning and qualifications plan. Section 3.1 of the Palisades Nuclear Plant Physical Security Plan, Appendix B, Revision 14, required, in part, that each individual assigned duties and responsibilities identified in the security plans, licensee protective strategy, and implementing procedures must before assignment: (1) be trained and qualified to perform assigned duties and responsibilities in accordance with the requirements of the training and qualification plan; (2) meet the minimum qualification requirements of the training and qualification plan; and (3) be trained and qualified in the use of all equipment or devices required to effectively perform all assigned duties and responsibilities.


On May 15, 2014, Entergy and the NRC met in an ADR session mediated by a professional mediator, arranged through Cornell University's Institute on Conflict Resolution. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. This confirmatory order is issued pursuant to the agreement reached during the ADR process.
On May 15, 2014, Entergy and the NRC met in an ADR session mediated by a professional mediator, arranged through Cornell University's Institute on Conflict Resolution. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. This confirmatory order is issued pursuant to the agreement reached during the ADR process.


III In response to the NRC's offer, Entergy requested use of the NRC ADR process to resolve differences it had with the NRC. During the ADR session held on May 15, 2014, a preliminary 4 settlement agreement was reached. The elements of the agreement, as signed by both parties, consisted of the following:
III In response to the NRC's offer, Entergy requested use of the NRC ADR process to resolve differences it had with the NRC. During the ADR session held on May 15, 2014, a preliminary
A. Verification of Training Credentials for Both Staff and Management:


settlement agreement was reached. The elements of the agreement, as signed by both parties, consisted of the following:
A. Verification of Training Credentials for Both Staff and Management:
A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.
A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.


A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.
A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.


A.3 Following completion of A.1 and A.2, training will be conducted on the changes. This shall be completed by June 30, 2015.
A.3 Following completion of A.1 and A.2, training will be conducted on the changes.
 
This shall be completed by June 30, 2015.


B. Strengthen Safety Culture: (1) Leadership, Safety Values, & Actions; (2) Problem Identification & Resolution; (3) Personal Accountability; (4) Work Processes; (5) Environment for Raising Concerns; and (6) Questioning Attitude & Proceeding In the Face of Uncertainty:
B. Strengthen Safety Culture: (1) Leadership, Safety Values, & Actions; (2) Problem Identification & Resolution; (3) Personal Accountability; (4) Work Processes; (5) Environment for Raising Concerns; and (6) Questioning Attitude & Proceeding In the Face of Uncertainty:
B.1 As part of its Security Safety Conscious Work Environment (SCWE) Action Plan, Entergy has completed the following actions at Palisades:  
B.1 As part of its Security Safety Conscious Work Environment (SCWE) Action Plan, Entergy has completed the following actions at Palisades:


5 * Each Security Shift Supervisor has signed and posted a SCWE Commitment letter. (Completed March 6, 2014)  
* Each Security Shift Supervisor has signed and posted a SCWE Commitment letter. (Completed March 6, 2014)
  * Security management conducted refresher training for each security shift emphasizing the reporting of concerns, the drafting of Condition Reports (CRs), the Corrective Action Program (CAP), and the expectation of feedback on CRs. (Completed February 24, 2014)  
  * Security management conducted refresher training for each security shift emphasizing the reporting of concerns, the drafting of Condition Reports (CRs), the Corrective Action Program (CAP), and the expectation of feedback on CRs. (Completed February 24, 2014)
  * A volunteer from each security team was assigned as an ombudsman to provide security department members with a readily available and familiar person to whom they can raise concerns. Security management briefed the department on the new security ombudsman program and related activities. (Completed March 31, 2014)  
  * A volunteer from each security team was assigned as an ombudsman to provide security department members with a readily available and familiar person to whom they can raise concerns. Security management briefed the department on the new security ombudsman program and related activities. (Completed March 31, 2014)
  * The Director, Regulatory & Performance Improvement, developed a security department "dashboard" of SCWE-related indicators, such as, CAP usage, the number and content of anonymous CRs, CAP backlog, average age of open CRs, employee concern program (ECP) usage, on-site NRC allegations, and security equipment status. (Completed March 7, 2014)
  * The Director, Regulatory & Performance Improvement, developed a security department dashboard of SCWE-related indicators, such as, CAP usage, the number and content of anonymous CRs, CAP backlog, average age of open CRs, employee concern program (ECP) usage, on-site NRC allegations, and security equipment status. (Completed March 7, 2014)
B.2 As part of its SCWE Action Plan, Entergy has committed to the following actions at Palisades. These actions are hereby incorporated into the Confirmatory Order:
B.2 As part of its SCWE Action Plan, Entergy has committed to the following actions at Palisades. These actions are hereby incorporated into the Confirmatory Order:
6 * Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and management's intolerance for retaliation, and (b) to discuss security concerns and issue resolution.


* Through June 30, 2016, security management shall maintain and update a "Security Top 10 Issues" board to reflect, among other things, the expected issues resolution dates.
* Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and managements intolerance for retaliation, and (b) to discuss security concerns and issue resolution.


B.3 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG) chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A "read and sign" will be provided to each CRG chair to inform them of the procedure revision. The procedure will be revised by November 30, 2014, and the "read and sign" training will be completed by January 31, 2015.
* Through June 30, 2016, security management shall maintain and update a Security Top 10 Issues board to reflect, among other things, the expected issues resolution dates.
 
B.3 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG)
chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A read and sign will be provided to each CRG chair to inform them of the procedure revision. The procedure will be revised by November 30, 2014, and the read and sign training will be completed by January 31, 2015.


B.4.a Conduct a case study for supervisors and above throughout the fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.
B.4.a Conduct a case study for supervisors and above throughout the fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.


B.4.b Discuss the safety culture aspects of the issue with Entergy and long-term contract staff at three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues, 7 methods to raise issues, and the right to contact the NRC. The action will be completed by December 31, 2014.
B.4.b Discuss the safety culture aspects of the issue with Entergy and long-term contract staff at three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues,


C. Recognition by the Reactor Community:
methods to raise issues, and the right to contact the NRC. The action will be completed by December 31, 2014.


C. Recognition by the Reactor Community:
C.1 Entergy Fleet Director of Nuclear Security shall make a presentation to an industry security working group on this event. The licensee will provide the NRC an opportunity to review the presentation. This shall be accomplished by December 31, 2014.
C.1 Entergy Fleet Director of Nuclear Security shall make a presentation to an industry security working group on this event. The licensee will provide the NRC an opportunity to review the presentation. This shall be accomplished by December 31, 2014.


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Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.
Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.


8 F. Notification of NRC When Actions Are Completed:
F. Notification of NRC When Actions Are Completed:
F.1. Unless otherwise specified, Entergy will submit written notification by letter to the NRC staff, specifically, the Director, Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at intervals of six months, one year, and annually thereafter until the terms of the Confirmatory Order are completed, providing a status of each item in the Confirmatory Order.
F.1. Unless otherwise specified, Entergy will submit written notification by letter to the NRC staff, specifically, the Director, Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at intervals of six months, one year, and annually thereafter until the terms of the Confirmatory Order are completed, providing a status of each item in the Confirmatory Order.


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G. Administrative Items:
G. Administrative Items:
G.1 The NRC and Entergy agree that the issues described above resulted in an individual inappropriately holding a position for which he was not qualified, contrary to the requirements of 10 CFR Part 73, Appendix B, II B.,  
G.1 The NRC and Entergy agree that the issues described above resulted in an individual inappropriately holding a position for which he was not qualified, contrary to the requirements of 10 CFR Part 73, Appendix B, II B.,
"Qualification Requirements" and the Palisades Security Plan. Entergy does not agree that the violation was committed willfully, and on this point, the parties agree to disagree.
Qualification Requirements and the Palisades Security Plan. Entergy does not agree that the violation was committed willfully, and on this point, the parties agree to disagree.


G.2 The NRC will issue a green finding with a cross-cutting aspect in the area of H.13, "Consistent Process," but in consideration of the commitments delineated above, the NRC agrees to refrain from issuing a Notice of Violation or proposing a civil penalty for all matters discussed in the NRC's letter of March 25, 2014 (EA-14-013).
G.2 The NRC will issue a green finding with a cross-cutting aspect in the area of H.13, Consistent Process, but in consideration of the commitments delineated above, the NRC agrees to refrain from issuing a Notice of Violation or proposing a civil penalty for all matters discussed in the NRCs letter of March 25, 2014 (EA-14-013).


9 G.3 The NRC considers the corrective actions and enhancements discussed above to be appropriately prompt and comprehensive to address the causes which gave rise to the incident discussed in the NRC's letter of March 25, 2014 (EA-14-013).
G.3 The NRC considers the corrective actions and enhancements discussed above to be appropriately prompt and comprehensive to address the causes which gave rise to the incident discussed in the NRCs letter of March 25, 2014 (EA-14-013).


G.4 The NRC will consider the Confirmatory Order as an escalated enforcement action.
G.4 The NRC will consider the Confirmatory Order as an escalated enforcement action.
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G.5 This agreement is binding upon successors and assigns of Entergy.
G.5 This agreement is binding upon successors and assigns of Entergy.


On July 14, 2014, Entergy consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Entergy further agreed that this Confirmatory Order is to be effective 30 days after issuance of the Confirmatory Order and that it has waived its right to a hearing. IV Since the licensee has agreed to take additional actions to address NRC concerns, as set forth in Section III above, the NRC has concluded that its concerns can be resolved through issuance of this Confirmatory Order.
On July 14, 2014, Entergy consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Entergy further agreed that this Confirmatory Order is to be effective 30 days after issuance of the Confirmatory Order and that it has waived its right to a hearing.
 
IV Since the licensee has agreed to take additional actions to address NRC concerns, as set forth in Section III above, the NRC has concluded that its concerns can be resolved through issuance of this Confirmatory Order.


I find that Entergy's commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that Entergy's 10 commitments be confirmed by this Confirmatory Order. Based on the above and Entergy's consent, this Confirmatory Order is effective 30 days after issuance of the Confirmatory Order.
I find that Entergys commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that Entergys


V Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT PALISADES NUCLEAR PLANT AND OTHER NUCLEAR PLANTS IN ENTERGY'S FLEET AND THAT LICENSE NO. DPR-20 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE ACTIONS TO BE TAKEN AT THE PALISADES NUCLEAR PLANT:
commitments be confirmed by this Confirmatory Order. Based on the above and Entergys consent, this Confirmatory Order is effective 30 days after issuance of the Confirmatory Order.


V Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT PALISADES NUCLEAR PLANT AND OTHER NUCLEAR PLANTS IN ENTERGYS FLEET AND THAT LICENSE NO. DPR-20 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE ACTIONS TO BE TAKEN AT THE PALISADES NUCLEAR PLANT:
A. Verification of Training Credentials for both Staff and Management:
A. Verification of Training Credentials for both Staff and Management:
A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.
A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.
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A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.
A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.


A.3 Following completion of A.1 and A.2, training will be conducted on the changes. This shall be completed by June 30, 2015.
A.3 Following completion of A.1 and A.2, training will be conducted on the changes.
 
This shall be completed by June 30, 2015.


11 B. Strengthen Safety Culture:
B. Strengthen Safety Culture:
B.1 Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and management's intolerance for retaliation, and (b) to discuss security concerns and issue resolution.
B.1 Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and managements intolerance for retaliation, and (b) to discuss security concerns and issue resolution.


B.2 Through June 30, 2016, Palisades security management shall maintain and update a "Security Top 10 Issues" board to reflect, among other things, the expected issues resolution dates.
B.2 Through June 30, 2016, Palisades security management shall maintain and update a Security Top 10 Issues board to reflect, among other things, the expected issues resolution dates.


B.3 Discuss the safety culture aspects of the event with Palisades Nuclear Plant staff, including long-term contract staff, in three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues, methods to raise issues, and the right to contact the NRC. The tailgate meetings will be completed by December 31, 2014.
B.3 Discuss the safety culture aspects of the event with Palisades Nuclear Plant staff, including long-term contract staff, in three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues, methods to raise issues, and the right to contact the NRC. The tailgate meetings will be completed by December 31, 2014.


B.4 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG) chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A "read and sign" will be provided to each Entergy (fleet-wide) CRG chair to inform them of the procedure revision. The procedure will be revised by November 30, 2014, and the "read and sign" training will be completed by January 31, 2015.
B.4 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG)
chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A read and sign will be provided to each Entergy (fleet-wide) CRG chair to inform them of the procedure revision.
 
The procedure will be revised by November 30, 2014, and the read and sign training will be completed by January 31, 2015.


12 B.5 Conduct a case study for supervisors and above throughout the Entergy fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.
B.5 Conduct a case study for supervisors and above throughout the Entergy fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.


C. Recognition by the Reactor Community:
C. Recognition by the Reactor Community:
Line 158: Line 175:
C.2 Entergy shall make a related presentation at a broad industry meeting aimed at an audience beyond the security organizations and covering all four NRC regions. It is acceptable to make the presentation at multiple meetings, if deemed necessary to reach the desired audience. The presentations shall be accomplished by June 30, 2015.
C.2 Entergy shall make a related presentation at a broad industry meeting aimed at an audience beyond the security organizations and covering all four NRC regions. It is acceptable to make the presentation at multiple meetings, if deemed necessary to reach the desired audience. The presentations shall be accomplished by June 30, 2015.


D. Setting Standards for Security Senior Management:  
D. Setting Standards for Security Senior Management:
 
Entergy shall revise procedure EN-FAP-HR-006 to include specific requirements for Security Manager selection and development. This shall be accomplished by December 31, 2014.
Entergy shall revise procedure EN-FAP-HR-006 to include specific requirements for Security Manager selection and development. This shall be accomplished by December 31, 2014.


13 E. Effectiveness Review:
E. Effectiveness Review:
Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.
Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.


Line 172: Line 188:
The Regional Administrator, Region III, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause.
The Regional Administrator, Region III, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause.


VI Any person adversely affected by this Confirmatory Order, other than Entergy Nuclear Operations, Inc., may request a hearing within 30 days of the issuance date of this Confirmatory Order. Where good cause is shown, consideration will be given to extending the time to request 14 a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension.
VI Any person adversely affected by this Confirmatory Order, other than Entergy Nuclear Operations, Inc., may request a hearing within 30 days of the issuance date of this Confirmatory Order. Where good cause is shown, consideration will be given to extending the time to request


All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified in pertinent part at 10 CFR Part 2, Subpart C). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.
a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension.


To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.
All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified in pertinent part at 10 CFR Part 2, Subpart C). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.


15 Information about applying for a digital ID certif icate is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal server are detailed in NRC's "Guidance for Electronic Submission," which is available on the agency's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC's E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital (ID)
certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.


If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC's online, Web-based submission form. In order to serve documents through the Electronic Information Exchange (EIE), users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRC's Office of the General Counsel and any 16 others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/
Information about applying for a digital ID certificate is available on NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal server are detailed in NRCs Guidance for Electronic Submission, which is available on the agencys public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRCs E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.
petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the "Contact Us" link located on the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html , by e-mail at MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., ET, Monday through Friday, excluding government holidays.


Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format.
If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRCs online, Web-based submission form. In order to serve documents through the Electronic Information Exchange (EIE), users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html.


Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption 17 request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.
Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRCs Office of the General Counsel and any


Documents submitted in adjudicatory proceedi ngs will appear in the NRC's electronic hearing docket, which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, participants are requested not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application.
others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately.


If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).
Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/
petition to intervene is filed so that they can obtain access to the document via the E-Filing system.


If a hearing is requested by a person whose interest is adversely affected, the Commission will issue a separate Order designating the time and place of any hearings, as appropriate. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.
A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the Contact Us link located on the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., ET, Monday through Friday, excluding government holidays.


In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be effective and final 30 days after issuance of the Confirmatory Order without further order or proceedings. If an 18 extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received.
Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format.


Dated at Lisle, Illinois this 21 st day of July 2014 For the Nuclear Regulatory Commission  
Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff.


/RA/ Cynthia D. Pederson
Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption


Regional Administrator Enclosure 2 evidenced by your signed "Consent and Heari ng Waiver Form" (Enclosure 2) dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.
request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.


Pursuant to Section 223 of the Atomic Ener gy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.
Documents submitted in adjudicatory proceedings will appear in the NRCs electronic hearing docket, which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, participants are requested not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application.


In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, along with its enclosures, will be made 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. The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.
If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).


Sincerely,
If a hearing is requested by a person whose interest is adversely affected, the Commission will issue a separate Order designating the time and place of any hearings, as appropriate. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.
/RA/ Cynthia D. Pederson


Regional Administrator
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be effective and final 30 days after issuance of the Confirmatory Order without further order or proceedings. If an


Docket No. 50-255 License No. DPR-20
extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received.


Enclosures:
Dated at Lisle, Illinois this 21st day of July 2014 For the Nuclear Regulatory Commission
    /RA/
Cynthia D. Pederson Regional Administrator


1. Confirmatory Order  
Enclosure 2 evidenced by your signed Consent and Hearing Waiver Form (Enclosure 2) dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.


2. Consent and Hearing Waiver See previous concurrences FILE NAME: EA-14-013 Palisades Order & Cover Letter -- FINAL.docx OFFICE RIII RIII RIII RIII NAME Lougheed Funk for Skokowski Shear Heck DATE 05/28/14 05/29/14 05/30/14 06/03 /14 OFFICE D:NSIR D:OGC D:OE RIII RIII NAME Layton for Wiggins 1 Simon for Scott 2 Furst for Zimmerman 3 Orth Pederson DATE 06/10/14 06/25/14 06/19/14 07/17/14 07/18/14OFFICIAL RECORD COPY 1 NSIR concurrence provided via email from S. Coker on June 10, 2014 2 OOG No Legal Objection provided via email from M. Simon on June 25, 2014 3 OE concurrence provided via email from D. Furst on June 19, 2014 Letter to Anthony Vitale from Cynthia D. Pederson dated July 21, 2014
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.


SUBJECT: CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/ 014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT DISTRIBUTION RidsSecyMailCenter Resource OCADistribution Mark Satorius Michael Johnson Roy Zimmerman
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, along with its enclosures, will 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.


Patricia Holahan Nick Hilton David Furst Cynthia Pederson
The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.


Darrell Roberts
Sincerely,
 
/RA/
Marvin Itzkowitz Catherine Scott Marcia Simon Eric Leeds
Cynthia D. Pederson Regional Administrator Docket No. 50-255 License No. DPR-20 Enclosures:
 
1. Confirmatory Order 2. Consent and Hearing Waiver See previous concurrences FILE NAME: EA-14-013 Palisades Order & Cover Letter -- FINAL.docx OFFICE RIII RIII RIII RIII NAME Lougheed Funk for Shear Heck Skokowski DATE 05/28/14 05/29/14 05/30/14 06/03 /14 OFFICE D:NSIR D:OGC D:OE RIII RIII NAME Layton for Simon for Furst for Orth Pederson Wiggins1 Scott2 Zimmerman 3 DATE 06/10/14 06/25/14 06/19/14 07/17/14 07/18/14 OFFICIAL RECORD COPY
Jennifer Uhle
 
Lauren Casey
 
James Wiggins Michael Layton Shyrl Coker
 
Brice Bickett David Gamberoni
 
Vivian Campbell Holly Harrington Hubert Bell Cheryl McCrary David D'Abate Cindy Rosales-Cooper RidsNrrPMPalisades Resource
 
RidsNrrDorlLpl3-1 Resource
 
RidsNrrDirsIrib Resource Steven Orth Allan Barker Harral Logaras Viktoria Mitlyng Prema Chandrathil Patricia Lougheed Paul Pelke Magdalena Gryglak


Sarah Bahksh
NSIR concurrence provided via email from S. Coker on June 10, 2014


Carole Ariano Linda Linn DRPIII DRSIII Patricia Buckley
OOG No Legal Objection provided via email from M. Simon on June 25, 2014


Carmen Olteanu
OE concurrence provided via email from D. Furst on June 19, 2014


RidsOemailCenter OEWEB Resource ROPassessment.Resource@nrc.gov
Letter to Anthony Vitale from Cynthia D. Pederson dated July 21, 2014 SUBJECT: CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/
014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT DISTRIBUTION RidsSecyMailCenter Resource  Cheryl McCrary OCADistribution  David DAbate Mark Satorius  Cindy Rosales-Cooper Michael Johnson  RidsNrrPMPalisades Resource Roy Zimmerman  RidsNrrDorlLpl3-1 Resource Patricia Holahan  RidsNrrDirsIrib Resource Nick Hilton  Steven Orth David Furst  Allan Barker Cynthia Pederson  Harral Logaras Darrell Roberts  Viktoria Mitlyng Marvin Itzkowitz  Prema Chandrathil Catherine Scott  Patricia Lougheed Marcia Simon  Paul Pelke Eric Leeds  Magdalena Gryglak Jennifer Uhle  Sarah Bahksh Lauren Casey  Carole Ariano James Wiggins  Linda Linn Michael Layton  DRPIII Shyrl Coker  DRSIII Brice Bickett  Patricia Buckley David Gamberoni  Carmen Olteanu Vivian Campbell  RidsOemailCenter Holly Harrington  OEWEB Resource Hubert Bell  ROPassessment.Resource@nrc.gov
}}
}}

Latest revision as of 02:18, 4 November 2019

Confirmatory Order Related to NRC Report No. 05000255/2014406 and OI Report 3-2013-018
ML14203A082
Person / Time
Site: Palisades Entergy icon.png
Issue date: 07/21/2014
From: Pederson C
NRC/RGN-III
To: Vitale A
Entergy Nuclear Operations
Shared Package
ML14197A665 List:
References
3-2013-018, EA-14-013 IR-14-406
Download: ML14203A082 (23)
v • d • e


Text

UNITED STATES uly 21, 2014

SUBJECT:

CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/

2014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT

Dear Mr. Vitale:

The enclosed Confirmatory Order is being issued to Entergy Nuclear Operations, Inc. (Entergy),

as a result of a successful Alternative Dispute Resolution (ADR) session. The enclosed commitments were made by you, as the licensee, as part of a settlement agreement between you and the U.S. Nuclear Regulatory Commission (NRC) concerning apparent violations of NRC requirements, as discussed in the enclosure to our letter dated March 25, 2014.

Our March 25, 2014, letter provided you with the results of an investigation conducted by the NRCs Office of Investigations to determine whether a security manager at the Palisades Nuclear Plant (Palisades) willfully failed to follow the security plan procedures when he assigned a security supervisor to assume a security post without verifying the supervisors qualifications, and whether a security supervisor at Palisades willfully failed to follow security plan procedures when he assumed the security post without verifying qualifications, contrary to the requirements in Title 10 of the Code of Federal Regulations Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1.

Our letter also informed you that the apparent violation was being considered for enforcement action in accordance with the NRCs Enforcement Policy and provided you with the option of:

(1) providing a written response to the violation; (2) attending a Predecisional Enforcement Conference; or (3) requesting ADR with the NRC.

In response to our letter, you requested ADR. An ADR mediation session was held on May 15, 2014, and a preliminary settlement agreement was reached. The elements of the preliminary agreement were formulated and agreed to at the mediation session. Consistent with the purposes of ADR, you and the NRC acknowledged that the session was not for the purposes of reaching any conclusions regarding any facts or circumstances discussed in our letter dated March 25, 2014.

At the session, you agreed that a Confirmatory Order would be issued in settlement of a disputed claim in order to avoid further action by the NRC. In light of the corrective actions you have taken or agreed to take, as described in the Confirmatory Order (Enclosure 1), the NRC is satisfied that its concerns will be addressed by making your commitments legally binding. As evidenced by your signed Consent and Hearing Waiver Form (Enclosure 2), dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution, as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, along with its enclosures, will 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.

The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.

Sincerely,

/RA/

Cynthia D. Pederson Regional Administrator Docket No. 50-255 License No. DPR-20 Enclosures:

1. Confirmatory Order 2. Consent and Hearing Waiver

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket No. 05000255 Entergy Nuclear Operations, Inc. ) License No. DPR-20 Palisades Nuclear Plant ) EA-14-013 CONFIRMATORY ORDER MODIFYING LICENSE I

Entergy Nuclear Operations, Inc., (Licensee or Entergy) is the holder of Reactor Operating License No. DPR-20 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission)

pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50 on March 24, 1971, and renewed on January 17, 2007. The license authorizes the operation of the Palisades Nuclear Plant in accordance with conditions specified therein.

This Confirmatory Order is the result of an agreement reached during an alternative dispute resolution (ADR) mediation session conducted on May 15, 2014.

II On May 10, 2013, the NRC Office of Investigations (OI), Region III Field Office initiated an investigation to determine whether employees at the Palisades Nuclear Plant (Palisades)

willfully failed to follow the security plan requirements, when a security manager assigned a security operations supervisor to perform duties without confirming whether the supervisor had the appropriate qualifications. The investigation also assessed whether the security operations supervisor assumed those duties as requested. The investigation was completed on January 9, 2014, and was documented in OI Report No. 3-2013-018. The investigation Enclosure 1

concluded that both the security manager and the security operations supervisor willfully violated 10 CFR Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1.

Specifically, in mid-December 2012, a supervisory security individual at Palisades requested leave for Christmas Eve. In order to grant at least part of the individuals request, a security manager requested a security operations supervisor to fill two hours of the individuals shift. At multiple times during the conversation, the security operations supervisor informed the security manager that his technical supervisory qualifications were not completed. The security manager acknowledged that he was aware that the security operations supervisors qualifications were not completed. However, the security manager stated that he believed that only meant the security operations supervisor was not qualified to perform one particular job function, and he stated that the security operations supervisor would not need to perform that job function during the two hours where he would be filling in for the other supervisor. Neither the security manager nor the security operations supervisor verified the qualifications for the position despite a site requirement to check qualifications before assigning or assuming posts.

The security manager stated that he did not review the security plan or check with anyone on the security operations supervisors qualifications until the end of April after two condition reports were written questioning the decision. The security operations supervisor stated that he relied upon what the security manager told him, as to why it was acceptable to assume the post.

The security operations supervisor also said that he was not challenged on his qualifications prior to assuming the post, although that was a routine practice.

Both the security manager and the security operations supervisor failed to verify the security operations supervisors qualification for a position prior to having him assume that position for two hours on December 24, 2012. The NRC determined that this was a violation of

10 CFR Part 73, Appendix B, II B., Qualification Requirements and Palisades Security Plan Section 3.1. Specifically, 10 CFR Part 73, Appendix B, II B., Qualification Requirements requires that each person who performs security-related job tasks or job duties required to implement the licensee physical security or contingency plan shall, prior to being assigned to duties, be qualified in accordance with the licensees NRC-approved training and qualifications plan.

Section 3.1 of the Palisades Nuclear Plant Physical Security Plan, Appendix B, Revision 14, required, in part, that each individual assigned duties and responsibilities identified in the security plans, licensee protective strategy, and implementing procedures must before assignment: (1) be trained and qualified to perform assigned duties and responsibilities in accordance with the requirements of the training and qualification plan; (2) meet the minimum qualification requirements of the training and qualification plan; and (3) be trained and qualified in the use of all equipment or devices required to effectively perform all assigned duties and responsibilities.

On May 15, 2014, Entergy and the NRC met in an ADR session mediated by a professional mediator, arranged through Cornell University's Institute on Conflict Resolution. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. This confirmatory order is issued pursuant to the agreement reached during the ADR process.

III In response to the NRC's offer, Entergy requested use of the NRC ADR process to resolve differences it had with the NRC. During the ADR session held on May 15, 2014, a preliminary

settlement agreement was reached. The elements of the agreement, as signed by both parties, consisted of the following:

A. Verification of Training Credentials for Both Staff and Management:

A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.

A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.

A.3 Following completion of A.1 and A.2, training will be conducted on the changes.

This shall be completed by June 30, 2015.

B. Strengthen Safety Culture: (1) Leadership, Safety Values, & Actions; (2) Problem Identification & Resolution; (3) Personal Accountability; (4) Work Processes; (5) Environment for Raising Concerns; and (6) Questioning Attitude & Proceeding In the Face of Uncertainty:

B.1 As part of its Security Safety Conscious Work Environment (SCWE) Action Plan, Entergy has completed the following actions at Palisades:

  • Each Security Shift Supervisor has signed and posted a SCWE Commitment letter. (Completed March 6, 2014)
  • Security management conducted refresher training for each security shift emphasizing the reporting of concerns, the drafting of Condition Reports (CRs), the Corrective Action Program (CAP), and the expectation of feedback on CRs. (Completed February 24, 2014)
  • A volunteer from each security team was assigned as an ombudsman to provide security department members with a readily available and familiar person to whom they can raise concerns. Security management briefed the department on the new security ombudsman program and related activities. (Completed March 31, 2014)
  • The Director, Regulatory & Performance Improvement, developed a security department dashboard of SCWE-related indicators, such as, CAP usage, the number and content of anonymous CRs, CAP backlog, average age of open CRs, employee concern program (ECP) usage, on-site NRC allegations, and security equipment status. (Completed March 7, 2014)

B.2 As part of its SCWE Action Plan, Entergy has committed to the following actions at Palisades. These actions are hereby incorporated into the Confirmatory Order:

  • Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and managements intolerance for retaliation, and (b) to discuss security concerns and issue resolution.
  • Through June 30, 2016, security management shall maintain and update a Security Top 10 Issues board to reflect, among other things, the expected issues resolution dates.

B.3 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG)

chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A read and sign will be provided to each CRG chair to inform them of the procedure revision. The procedure will be revised by November 30, 2014, and the read and sign training will be completed by January 31, 2015.

B.4.a Conduct a case study for supervisors and above throughout the fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.

B.4.b Discuss the safety culture aspects of the issue with Entergy and long-term contract staff at three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues,

methods to raise issues, and the right to contact the NRC. The action will be completed by December 31, 2014.

C. Recognition by the Reactor Community:

C.1 Entergy Fleet Director of Nuclear Security shall make a presentation to an industry security working group on this event. The licensee will provide the NRC an opportunity to review the presentation. This shall be accomplished by December 31, 2014.

C.2 Entergy shall make a related presentation at a broad industry meeting(s) that covers all four regions beyond security organizations. This shall be accomplished by June 30, 2015.

D. Setting Standards for Security Senior Management:

Entergy shall revise EN-FAP-HR-006 to include specific requirements for Security Manager selection and development. This shall be accomplished by December 31, 2014.

E. Effectiveness Review:

Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.

F. Notification of NRC When Actions Are Completed:

F.1. Unless otherwise specified, Entergy will submit written notification by letter to the NRC staff, specifically, the Director, Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at intervals of six months, one year, and annually thereafter until the terms of the Confirmatory Order are completed, providing a status of each item in the Confirmatory Order.

F.2. Upon completion of all terms of the Confirmatory Order, Entergy will provide the NRC with a letter discussing its basis for concluding that the Order has been satisfied.

G. Administrative Items:

G.1 The NRC and Entergy agree that the issues described above resulted in an individual inappropriately holding a position for which he was not qualified, contrary to the requirements of 10 CFR Part 73, Appendix B, II B.,

Qualification Requirements and the Palisades Security Plan. Entergy does not agree that the violation was committed willfully, and on this point, the parties agree to disagree.

G.2 The NRC will issue a green finding with a cross-cutting aspect in the area of H.13, Consistent Process, but in consideration of the commitments delineated above, the NRC agrees to refrain from issuing a Notice of Violation or proposing a civil penalty for all matters discussed in the NRCs letter of March 25, 2014 (EA-14-013).

G.3 The NRC considers the corrective actions and enhancements discussed above to be appropriately prompt and comprehensive to address the causes which gave rise to the incident discussed in the NRCs letter of March 25, 2014 (EA-14-013).

G.4 The NRC will consider the Confirmatory Order as an escalated enforcement action.

G.5 This agreement is binding upon successors and assigns of Entergy.

On July 14, 2014, Entergy consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Entergy further agreed that this Confirmatory Order is to be effective 30 days after issuance of the Confirmatory Order and that it has waived its right to a hearing.

IV Since the licensee has agreed to take additional actions to address NRC concerns, as set forth in Section III above, the NRC has concluded that its concerns can be resolved through issuance of this Confirmatory Order.

I find that Entergys commitments as set forth in Section V are acceptable and necessary and conclude that with these commitments the public health and safety are reasonably assured. In view of the foregoing, I have determined that public health and safety require that Entergys

commitments be confirmed by this Confirmatory Order. Based on the above and Entergys consent, this Confirmatory Order is effective 30 days after issuance of the Confirmatory Order.

V Accordingly, pursuant to Sections 104b, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED THAT THE ACTIONS DESCRIBED BELOW WILL BE TAKEN AT PALISADES NUCLEAR PLANT AND OTHER NUCLEAR PLANTS IN ENTERGYS FLEET AND THAT LICENSE NO. DPR-20 IS MODIFIED AS FOLLOWS WITH RESPECT TO THE ACTIONS TO BE TAKEN AT THE PALISADES NUCLEAR PLANT:

A. Verification of Training Credentials for both Staff and Management:

A.1 Conduct fleet-wide review of qualifications of each duty position in security to ensure that the qualifications for each position are clear and verifiable by all parties (security officers, security supervisors, and security manager). The initial review and applicable procedure revisions shall be completed by November 30, 2014.

A.2 Verify and modify, if necessary, the applicable security procedure to ensure that both assignor and assignee validate qualifications before the assignee performs a duty position. This shall be completed by November 30, 2014.

A.3 Following completion of A.1 and A.2, training will be conducted on the changes.

This shall be completed by June 30, 2015.

B. Strengthen Safety Culture:

B.1 Through June 30, 2016, the Palisades Security Manager shall meet quarterly (during the calendar quarter, allowing for one month grace period) with each security team: (a) to reinforce the importance of a healthy SCWE and managements intolerance for retaliation, and (b) to discuss security concerns and issue resolution.

B.2 Through June 30, 2016, Palisades security management shall maintain and update a Security Top 10 Issues board to reflect, among other things, the expected issues resolution dates.

B.3 Discuss the safety culture aspects of the event with Palisades Nuclear Plant staff, including long-term contract staff, in three monthly tailgate meetings. The tailgate meetings shall include employee rights, licensee expectations with respect to raising issues, methods to raise issues, and the right to contact the NRC. The tailgate meetings will be completed by December 31, 2014.

B.4 Revise procedure EN-LI-102 to ensure that the Condition Review Group (CRG)

chair considers whether the person assigned is sufficiently independent. This applies to condition reports that have challenges to a decision or a resolution that is highly dependent on a single individual. A read and sign will be provided to each Entergy (fleet-wide) CRG chair to inform them of the procedure revision.

The procedure will be revised by November 30, 2014, and the read and sign training will be completed by January 31, 2015.

B.5 Conduct a case study for supervisors and above throughout the Entergy fleet that highlights safety culture aspects of the event: questioning attitude, proceeding in the face of uncertainty, procedure compliance, and responsiveness to employee concerns. The case study will be developed and conducted by June 30, 2015.

C. Recognition by the Reactor Community:

C.1 Entergy Fleet Director of Nuclear Security shall make a presentation to an industry security working group on this event. The licensee will provide the NRC an opportunity to review the presentation. The presentation shall be accomplished by December 31, 2014.

C.2 Entergy shall make a related presentation at a broad industry meeting aimed at an audience beyond the security organizations and covering all four NRC regions. It is acceptable to make the presentation at multiple meetings, if deemed necessary to reach the desired audience. The presentations shall be accomplished by June 30, 2015.

D. Setting Standards for Security Senior Management:

Entergy shall revise procedure EN-FAP-HR-006 to include specific requirements for Security Manager selection and development. This shall be accomplished by December 31, 2014.

E. Effectiveness Review:

Entergy shall arrange for an independent effectiveness review of the actions discussed in sections A and B. The review will be conducted no earlier than one year, but less than two years, from the issuance date of the Confirmatory Order.

F. Notification of NRC When Actions Are Completed:

F.1. Unless otherwise specified, Entergy will submit written notification by letter to the NRC staff, specifically, the Director, Division of Reactor Safety, 2443 Warrenville Road, Lisle, IL, 60532, at intervals of six months, one year, and annually thereafter until the terms of the Confirmatory Order are completed, providing a status of each item in the Confirmatory Order.

F.2. Upon completion of all terms of the Confirmatory Order, Entergy will provide the NRC with a letter discussing its basis for concluding that the Order has been satisfied.

The Regional Administrator, Region III, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause.

VI Any person adversely affected by this Confirmatory Order, other than Entergy Nuclear Operations, Inc., may request a hearing within 30 days of the issuance date of this Confirmatory Order. Where good cause is shown, consideration will be given to extending the time to request

a hearing. A request for extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension.

All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August 3, 2012 (codified in pertinent part at 10 CFR Part 2, Subpart C). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital (ID)

certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal server are detailed in NRCs Guidance for Electronic Submission, which is available on the agencys public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRCs E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software.

If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRCs online, Web-based submission form. In order to serve documents through the Electronic Information Exchange (EIE), users will be required to install a Web browser plug-in from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html.

Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRCs public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRCs E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRCs Office of the General Counsel and any

others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately.

Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/

petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the Contact Us link located on the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m., ET, Monday through Friday, excluding government holidays.

Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format.

Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff.

Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption

request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

Documents submitted in adjudicatory proceedings will appear in the NRCs electronic hearing docket, which is available to the public at http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, participants are requested not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application.

If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f).

If a hearing is requested by a person whose interest is adversely affected, the Commission will issue a separate Order designating the time and place of any hearings, as appropriate. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.

In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be effective and final 30 days after issuance of the Confirmatory Order without further order or proceedings. If an

extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received.

Dated at Lisle, Illinois this 21st day of July 2014 For the Nuclear Regulatory Commission

/RA/

Cynthia D. Pederson Regional Administrator

Enclosure 2 evidenced by your signed Consent and Hearing Waiver Form (Enclosure 2) dated July 14, 2014, you agreed to the issuance of the Confirmatory Order.

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution as set forth in that section. Violation of this Confirmatory Order may also subject the person to civil monetary penalties.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, along with its enclosures, will 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.

The Confirmatory Order will be published in the Federal Register. The NRC also publishes Confirmatory Orders on its Web site under Significant Enforcement Actions at http://www.nrc.gov/about-nrc/regulatory/enforcement.html.

Sincerely,

/RA/

Cynthia D. Pederson Regional Administrator Docket No. 50-255 License No. DPR-20 Enclosures:

1. Confirmatory Order 2. Consent and Hearing Waiver See previous concurrences FILE NAME: EA-14-013 Palisades Order & Cover Letter -- FINAL.docx OFFICE RIII RIII RIII RIII NAME Lougheed Funk for Shear Heck Skokowski DATE 05/28/14 05/29/14 05/30/14 06/03 /14 OFFICE D:NSIR D:OGC D:OE RIII RIII NAME Layton for Simon for Furst for Orth Pederson Wiggins1 Scott2 Zimmerman 3 DATE 06/10/14 06/25/14 06/19/14 07/17/14 07/18/14 OFFICIAL RECORD COPY

NSIR concurrence provided via email from S. Coker on June 10, 2014

OOG No Legal Objection provided via email from M. Simon on June 25, 2014

OE concurrence provided via email from D. Furst on June 19, 2014

Letter to Anthony Vitale from Cynthia D. Pederson dated July 21, 2014 SUBJECT: CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/

014406 AND OI REPORT 3-2013-018; PALISADES NUCLEAR PLANT DISTRIBUTION RidsSecyMailCenter Resource Cheryl McCrary OCADistribution David DAbate Mark Satorius Cindy Rosales-Cooper Michael Johnson RidsNrrPMPalisades Resource Roy Zimmerman RidsNrrDorlLpl3-1 Resource Patricia Holahan RidsNrrDirsIrib Resource Nick Hilton Steven Orth David Furst Allan Barker Cynthia Pederson Harral Logaras Darrell Roberts Viktoria Mitlyng Marvin Itzkowitz Prema Chandrathil Catherine Scott Patricia Lougheed Marcia Simon Paul Pelke Eric Leeds Magdalena Gryglak Jennifer Uhle Sarah Bahksh Lauren Casey Carole Ariano James Wiggins Linda Linn Michael Layton DRPIII Shyrl Coker DRSIII Brice Bickett Patricia Buckley David Gamberoni Carmen Olteanu Vivian Campbell RidsOemailCenter Holly Harrington OEWEB Resource Hubert Bell ROPassessment.Resource@nrc.gov

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