ML090220213

EN-09-005, Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Station, Units 2 & 3

ML090220213
Person / Time
Site:	Indian Point
Issue date:	02/03/2009
From:	Nick Hilton, Starkey R NRC/OE
To:
Starkey D
References
EA-08-265 EN-09-005
Download: ML090220213 (4)

Text

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION February 3, 2009 EN-09-005 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Entergy Nuclear Operations, Inc. (EA-08-265)

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

Subject:

ITEM OF SPECIAL INTEREST - CLOSEOUT OF ENFORCEMENT ACTIONS FOR INDIAN POINT SIREN SYSTEM INSTALLATION This is to inform the Commission that on or about February 10, 2009, the staff will inform Entergy Nuclear Operations, Inc. (Entergy), that the NRC plans to close out the enforcement actions taken at Indian Point regarding Entergys prior failure to implement the new Emergency Notification System (ENS) at Indian Point and to not take additional action. In making this decision, the staff considered the following factors: (1) the NRC has achieved its objective of bringing the licensee into compliance by the issuance of $780,000 in civil penalties for Entergys past failures to comply with NRC Orders regarding the new ENS; (2) Entergy was diligent, subsequent to the issuance of a $650,000 civil penalty in January 2008, in working with the Federal Emergency Management Agency (FEMA) to address FEMAs requirements for the new ENS; (3) FEMA approved placing the new ENS in service in August 2008; (4) Entergy declared the system operational in August 2008; and (5) a recent NRC inspection regarding the operability of the new system found reliability tests and Entergys corrective actions to be acceptable.

In making the decision to close out the enforcement actions and not take additional action, the staff considered the Commission direction in SRM-COMGBJ-07-003, issued on August 30, 2007, that final agency enforcement action should be informed by the staffs assessment of Entergys diligence in working with FEMA as well as FEMAs assessment of the new ENS. As noted above, Entergys due diligence, following the issuance of the $650,000 civil penalty, in working with FEMA to place the new ENS in service, was a factor in the staffs decision.

The Orders, issued by the NRC on January 31, 2006 (EA-05-190), and July 30, 2007 (EA-07-189), in part, required Entergy to have in place an ENS, with backup power system capability, by specified dates. Entergy failed to meet the specified dates. As a result, on April 23, 2007, the NRC issued to Entergy a Notice of Violation and Proposed Imposition of a Civil Penalty (NOV-CP) (EA-07-092) in the amount of $130,000 for its initial failure to implement the ENS by April 15, 2007. In addition, on January 24, 2008, the NRC issued to Entergy a second NOV-CP (EA-08-006) in the amount of $650,000 for the continuing failure to implement PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 2

the ENS after April 16, 2007. In response to the January 24, 2008, NOV-CP, Entergy provided, on February 8, 2008, a schedule for completing various commitments and for obtaining FEMA approval of the ENS. In addition, Entergy provided siren project milestone update letters, dated July 25, August 8, August 12, and August 26, 2008 that documented Entergys implementation of every action requested by FEMA, and the status of remaining actions needed to implement the system.

In a letter dated August 22, 2008, FEMA concluded that the new ENS at Indian Point met FEMA regulations and guidance, and was therefore acceptable to be placed in service. Entergy placed the system in service on August 27, 2008. Based on an inspection completed on December 16, 2008 (ML090280267), the NRC determined that the new ENS was reliable during tests conducted by the licensee on September 24, October 22, and November 20, 2008. The NRC also found that Entergy satisfied the commitment described in the NRC Confirmatory Action Letter 1-08-005, issued on August 22, 2008, to deploy Tone Alert Radios (TARs) to certain households within the emergency planning zone, beyond five miles from the site, by November 1, 2008. Based on the inspection, the NRC also concluded that Entergy has completed the actions and is now in compliance with the Orders EA-05-190 and EA-07-189.

In view of the previous enforcement sanctions totaling $780,000 in civil penalties, as well as the actions taken by Entergy after the issuance of the $650,000 civil penalty and the results of the subject recent inspection, the staff has decided to close out the enforcement action and that no additional action is warranted on this matter. As such, a Predecisional Enforcement Conference is also not warranted.

Mailing of Letter to Licensee February 10, 2009 Telephone Notification of Licensee February 10, 2009 The State of New York, the New York Congressional delegation, and other interested stakeholders will be notified.

Contacts: Doug Starkey, OE, 301-415-3456 Nick Hilton, OE, 301-415-3055 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 3

Electronic Distribution: EN-09-005, February 3, 2009 OWFN OWFN TWFN Regional Offices Chairman Klein EDO OCFO RI RII Comm. Jaczko DEDR OP CENTER RIII RIV Comm. Lyons DEDMRT NMSS Comm. Svinicki OE OIG SECY OGC OCIO MAIL OCA NRR RES PUBLIC OPA NSIR ACRS OE staff OIP OI FSME DISTRIBUTION: (Hard copy)

C. Carpenter, OE S. Magruder, OE N. Hilton, OE D. Starkey, OE OE r/f EN binder ML090220213 X Publicly Available X Non-Sensitive OFFICE OE OE NAME DStarkey NHilton DATE 01/30/09 02/01/09 OFFICIAL RECORD COPY PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION