January 30, 2009 

EA-08-322 

Mr. Christopher J. Schwarz 

Vice President, Operations 

Entergy Nuclear Operations, Inc. 

Palisades Nuclear Plant 

27780 Blue Star Memorial Highway 

Covert, MI 49043-9530 

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND 

NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000255/2008011; 

PALISADES NUCLEAR PLANT 

Dear Mr. Schwarz: 

This letter provides you the final significance determination of the preliminary White finding 

discussed in our previous communication dated December 19, 2008, which included the 

subject inspection report. The finding involved a failure to meet the regulatory requirements of 

10 CFR 20.1501 which requires surveys (evaluations) of the radiological conditions and potential 

hazards incident to the use and presence of radioactive material or other sources of radiation. 

Specifically, the finding involved a failure to evaluate radiological hazards and assess dose to 

workers that handled tools used for reconstituting failed fuel during work on the refueling floor in 

October 2007. 

In a January 5, 2009, telephone conversation with Mr. Steven Orth of the U.S. Nuclear Regulatory 

Commission (NRC), Region III, Ms. Laurie Lahti of your staff indicated that Entergy Nuclear 

Operations, Inc., did not contest the characterization of the risk significance of this finding and that 

you declined your opportunity to discuss this issue in a Regulatory Conference or to provide a 

written response. 

After considering the information developed during the inspection, the NRC has concluded that the 

finding is appropriately characterized as White, i.e., a finding having low to moderate safety 

significance. 

The NRC has also determined that the failure to evaluate radiological hazards and assess dose to 

workers is a violation of 10 CFR 20.1501, as cited in the enclosed Notice of Violation (Notice). The 

circumstances surrounding the violation were described in detail in the subject inspection report, 

dated December 19, 2008. In accordance with the NRC Enforcement Policy, the Notice is 

considered escalated enforcement action because it is associated with a White finding. 

You are required to respond to this letter and should follow the instructions specified in the 

enclosed Notice when preparing your response. 
C. Schwartz -2- 

Because plant performance for this issue has been determined to be beyond the licensee response 

band, we will use the NRC’s Action Matrix to determine the most appropriate NRC response for this 

event. We will notify you, by separate correspondence, of that determination. 

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its 

enclosure, and your response, will be made available electronically for public inspection in the NRC 

Public Document Room or from the NRC=s document system (ADAMS), accessible from the NRC 

Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response 

should not include any personal privacy, proprietary, or safeguards information so that it can be 

made available to the public without redaction. 

Sincerely, 

/RA by Mark A. Satorius Acting for/ 

James L. Caldwell 

Regional Administrator 

Docket No. 50-255 

License No. DPR-20 

Enclosure: 

Notice of Violation 

cc w/encl: Senior Vice President 

 Vice President Oversight 

 Senior Manager, Nuclear Safety & Licensing 

 Senior Vice President and COO 

 Assistant General Counsel 

 Manager, Licensing 

 W. DiProfio 

 W. Russell 

 G. Randolph 

 Supervisor, Covert Township 

 Office of the Governor 

 T. Strong, State Liaison Officer 

 Michigan Department of Environmental Quality 

 Michigan Office of the Attorney General
C. Schwartz -2- 

Because plant performance for this issue has been determined to be beyond the licensee 

response band, we will use the NRC’s Action Matrix to determine the most appropriate NRC 

response for this event. We will notify you, by separate correspondence, of that determination. 

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its 

enclosure, and your response, will be made available electronically for public inspection in the 

NRC Public Document Room or from the NRC=s document system (ADAMS), accessible from 

the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your 

response should not include any personal privacy, proprietary, or safeguards information so that 

it can be made available to the public without redaction. 

Sincerely, 

/RA by Mark A. Satorius Acting for/ 

James L. Caldwell 

Regional Administrator 

Docket No. 50-255 

License No. DPR-20 

Enclosure: Notice of Violation 

cc w/encl: Senior Vice President 

 Vice President Oversight 

 Senior Manager, Nuclear Safety & Licensing 

 Senior Vice President and COO 

 Assistant General Counsel 

 Manager, Licensing 

 W. DiProfio 

 W. Russell 

 G. Randolph 

 Supervisor, Covert Township 

 Office of the Governor 

 T. Strong, State Liaison Officer 

 Michigan Department of Environmental Quality 

 Michigan Office of the Attorney General 

DISTRIBUTION: 

See next page 

DOCUMENT NAME: G:\EICS\ENFORCEMENT\Enforcement Cases 2008\EA-08-322 Palisades\EA-08-322 Final 

Action.doc 

; Publicly Available □Non-Publicly Available □Sensitive ; Non-Sensitive 

OFFICE RIII RIII RIII D: OE RIII RIII 

NAME Lougheed Orth Yerokun for 

West 

Wray for 

Carpenter1

O’Brien Satorius for 

Caldwell 

DATE 01/27/09 01/27/09 01/29/09 01/26/09 01/29/09 01/29/09 

OFFICIAL RECORD COPY 

 

1 OE concurrence received via e-mail from J. Wray on January 26, 2009.
Letter to Christopher J. Schwarz from James L. Caldwell dated January 30, 2009 

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AND 

NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000255/2008011; 

PALISADES NUCLEAR PLANT 

DISTRIBUTION:

ADAMS (PARS) 

RidsSecyMailCenter.Resource 

OCADistribution 

Bill Borchardt 

Bruce Mallett 

Cynthia Carpenter 

James Caldwell 

Mark Satorius 

Catherine Marco 

Marvin Itzkowitz 

Eric Leeds 

Bruce Boger 

Daniel Holody 

Carolyn Evans 

Kenneth OBrien 

William Jones 

Mary Ann Ashley 

Holly Harrington 

Hubert Bell 

Guy Caputo 

Mona Williams 

Jared Heck 

Allan Barker 

James Lynch 

Viktoria Mitlyng 

Prema Chandrathil

Steven Orth 

John Cassidy 

Paul Pelke 

Patricia Lougheed 

Magdalena Gryglak

Patricia Buckley 

Tammy Tomczak 

ROPreports

OEMAIL.Resource 

OEWEB Resource
ENCLOSURE 

NOTICE OF VIOLATION 

Entergy Nuclear Operations, Inc. Docket No. 50-255 

Palisades Nuclear Plant License No. DPR-20 

 EA-08-322 

During an NRC inspection conducted between July 22, 2008, and November 19, 2008, a 

violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, 

the violation is listed below: 

Title 10 CFR 20.1501 requires that each licensee make, or cause to be made, surveys 

that may be necessary for the licensee to comply with the regulations in Part 20 and 

that are reasonable under the circumstances to evaluate the: (1) magnitude and extent 

of radiation levels; (2) concentrations or quantities of radioactive materials; and 

(3) potential radiological hazards. 

Title 10 CFR 20.1003 defines “survey” as an evaluation of the radiological conditions 

and potential hazards incident to the production, use, transfer, release, disposal, or 

presence of radioactive material or other sources of radiation. 

Title 10 CFR 20.1201 states that the occupational annual dose limits for the skin of the 

extremities for adults is 50 rems and the total effective dose equivalent is 5 rems. 

Contrary to the above, as of January 18, 2008, the licensee failed to evaluate the 

radiological hazards and assess dose to workers that handled tools used for 

reconstituting failed fuel during work on the refueling floor in October 2007, as required 

by 10 CFR 20.1501 to demonstrate compliance with the dose limits of 20.1201. 

This violation is associated with a White SDP finding. 

Pursuant to the provisions of 10 CFR 2.201, Entergy Nuclear Operations, Inc., is hereby 

required to submit a written statement or explanation to the U.S. Nuclear Regulatory 

Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to 

the Regional Administrator, Region III, and a copy to the NRC Resident Inspector at the 

Palisades Nuclear Plant, within 30 days of the date of the letter transmitting this Notice of 

Violation (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation; 

EA-08-322" and should include for each violation the: (1) reason for the violation, or, if 

contested, the basis for disputing the violation or significance; (2) corrective steps that have 

been taken and the results achieved; (3) corrective steps that will be taken to avoid further 

violations; and (4) date when full compliance will be achieved. Your response may reference or 

include previous docketed correspondence, if the correspondence adequately addresses the 

required response. If an adequate reply is not received within the time specified in this Notice, 

an Order or a Demand for Information may be issued as to why the license should not be 

modified, suspended, or revoked, or why such other action as may be proper should not be 

taken. Where good cause is shown, consideration will be given to extending the response time. 
Notice of Violation -2- 

ENCLOSURE 

If you contest this enforcement action, you should also provide a copy of your response, with 

the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555-0001. 

Because your response will be made available electronically for public inspection in the NRC 

Public Document Room or from the NRC=s document system (ADAMS), accessible from the 

NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not 

include any personal privacy, proprietary, or safeguards information so that it can be made 

available to the public without redaction. If personal privacy or proprietary information is 

necessary to provide an acceptable response, then please provide a bracketed copy of your 

response that identifies the information that should be protected and a redacted copy of your 

response that deletes such information. If you request withholding of such material, you must 

specifically identify the portions of your response that you seek to have withheld and provide in 

detail the bases for your claim of withholding (e.g., explain why the disclosure of information will 

create an unwarranted invasion of personal privacy or provide the information required by 

10 CFR 2.390(b) to support a request for withholding confidential commercial or financial 

information). If safeguards information is necessary to provide an acceptable response, please 

provide the level of protection described in 10 CFR 73.21. 

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working 

days. 

Dated this 30th day of January 2009