ML103340494

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November 19, 2010 Summary of Meeting with Entergy Operation Inc, to Discuss River Bend Preliminary Enforcement
ML103340494
Person / Time
Site: River Bend Entergy icon.png
Issue date: 12/10/2010
From: Regan C M
NRC/NRR/DPR/PFPB
To:
Entergy Operations
Simmons, A, NRR/DPR, 415-2791
References
Download: ML103340494 (3)


Text

December 10, 2010

LICENSEE: Entergy Operations, Inc.

FACILITY: River Bend Station

SUBJECT:

SUMMARY

OF NOVEMBER 19, 2010, MEETING WITH ENTERGY OPERATIONS INC., ON RIVER BEND PRELIMINARY ENFORCEMENT

On November 19, 2010, representatives of Entergy Operations, Inc. (Entergy), the licensee for River Bend Station, met with the Nuclear Regulatory Commission (NRC) personnel at Headquarters located in Rockville, Maryland, to discuss the three apparent violations identified

during the NRC's review of the decommissioning funding report for River Bend Station, which was submitted by Entergy on March 30, 2009 (Agencywide Documents Access and Management System Accession ML090920218). The regulatory conference was held at the request of the licensee.

The purpose of the meeting was to discuss the three apparent violations identified by the staff in its review of the decommissioning funding report for River Bend Station. These violations were discussed in a letter from the NRC to Entergy (ML1020804930) and are: (1) Entergy failed to provide financial assurance for decommissioning in an amount which was more than the amount stated in Title 10 of the Code of Federal Regulations (10 CFR) Section 50.75(c)(1) by having a shortfall of $164 million as of December 31, 2008;(2) The decommissioning funding report Entergy submitted was not complete and accurate in all material respects in that it failed to report a contract (i.e., a power purchase agreement (PPA) with Entergy Texas, Inc., which Entergy has relied upon during the reporting period for financial assurance for the decommissioning of River Bend Station; and (3) the contract relied upon to provide decommissioning funding assurance for River Bend Station was not in compliance with 10 CFR 50.75(e)(1)(v).

During the regulatory conference, the NRC sta ff and licensee representatives discussed the three afore-mentioned apparent violations for River Bend Station. Regarding the first apparent violation, the NRC staff asked Entergy representatives when they became aware of the shortfall in decommissioning funding for River Bend Station. The licensee responded that they learned of the shortfall following notification from the NRC in June 2009, but were aware of the potential funding shortfall when they submitted their March 30, 2009 decommissioning funding report.

Regarding the second apparent violation, the NRC staff asked Entergy representatives who was responsible for stating that the licensee did not rely on a contract for decommissioning funding assurance in the March 30, 2009 report. The licensee responded that no conscious decision

was made to respond in this manner. Finally, regarding the third apparent violation, the NRC staff asked Entergy representatives about the apparent contradiction between their November 12, 2009 RAI response (ML093200212) and the response provided in the March 2009 report regarding reliance on a contract. The licensee stated that they did not see a contradiction in the two submittals.

The licensee also presented the background and history relating to the March 30, 2009, decommissioning funding report filing, this included a discussion on the PPA and FERC Tariff Entergy Operations Inc.

MSS-4, their understanding of NRC regulation 10 CFR 50.75 and Regulatory Guide 1.159, Rev. 1, "Assuring the Availability of Funds for Decommissioning Nuclear Reactors." The licensee's position was that the three apparent violations identified by the NRC staff should not be issued, and that even if a violation is issued, the severity level should not rise above Severity Level IV.

The attendance list is enclosed to this summary. Also, a copy of the licensee's slides presented during the regulatory conference can be found in the Agencywide Documents Access and Management System Accession no. at ML103260125.

Approximately 44 people attended the regulatory conference in person or via teleconference. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this summary and its enclosure will be made available to the Public.

/RA/ by JHopkins for Christopher M. Regan, Chief Financial Analysis Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

Docket No. 50-458

License No. NPF-47

Enclosure:

As stated

cc w/encl: Distribution via ListServ

ML103340494 NRR-106 OFFICE NRR/DPR/PFAB: PM NRR/DPR/PFAB: BC NAME ASimmons CRegan (JHopkins for) DATE 12/6/2010 12/10/2010