UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

REGION III 

2443 WARRENVILLE ROAD, SUITE 210 

LISLE, IL 60532-4352 

January 25, 2012 

EA-11-214 

Mr. Anthony Vitale 

Vice-President, Operations 

Entergy Nuclear Operations, Inc. 

Palisades Nuclear Plant 

27780 Blue Star Memorial Highway 

Covert, MI 49043-9530 

SUBJECT: CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY) 

 (NRC INSPECTION REPORT NO. 05000255/2011015 AND NRC OFFICE OF 

INVESTIGATIONS REPORT NO. 3-2011-003) 

PALISADES NUCLEAR PLANT 

Dear Mr. Vitale: 

The enclosed Confirmatory Order is being issued to Entergy Nuclear Operations, Inc. as a result 

of a successful Alternative Dispute Resolution (ADR) session. The enclosed commitments were 

made by Entergy as part of a settlement agreement between Entergy and the U.S. Nuclear 

Regulatory Commission (NRC) concerning an apparent violation of NRC requirements as 

discussed in the subject inspection report provided by our letter dated October 28, 2011. 

In the subject inspection report, the NRC provided you with the results of an investigation 

conducted by the NRC's Office of Investigations. The report identified an apparent violation of 

NRC requirements. The apparent violation involved the at-the-controls reactor operator leaving 

the at-the-controls area of the Control Room without providing a turnover to a qualified individual 

and obtaining permission from the Control Room Supervisor on October 23, 2010. Our letter 

also informed you that the apparent violation was being considered for escalated enforcement 

action in accordance with the NRC's Enforcement Policy. A factual summary of the results of 

the investigation was enclosed with our letter. 

In response to our letter, you requested ADR. An ADR mediation session was held on 

December 12, 2011, 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 as discussed in our 

letter dated October 28, 2011. 

At the session, you agreed that a Confirmatory Order (Effective Immediately) 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. Therefore, the NRC has agreed not to pursue any further 

enforcement action in connection with the issues described in our letter dated October 28, 2011. 
A. Vitale -2- 

As evidenced by your signed “Consent and Hearing Waiver Form” (Enclosure 2) 

dated January 19, 2012, 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 Title 10 of the Code of Federal Regulations (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 will 

also include this letter and its enclosures on its Web site at 

http://www.nrc.gov/about-nrc/regulatory/enforcement.html under Significant 

Enforcement Actions. 

Sincerely, 

/RA/ 

Cynthia D. Pederson 

Acting Regional Administrator 

Docket No. 50-255 

License No. DPR-20 

Enclosures: 

1. Confirmatory Order (Effective Immediately) 

2. Consent and Hearing Waiver 
A. Vitale -2- 

As evidenced by your signed “Consent and Hearing Waiver Form” (Enclosure 2) 

dated January 19, 2012, 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 Title 10 of the Code of Federal Regulations (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 will 

also include this letter and its enclosures on its Web site at 

http://www.nrc.gov/about-nrc/regulatory/enforcement.html under Significant 

Enforcement Actions. 

Sincerely, 

/RA/ 

Cynthia D. Pederson 

Acting Regional Administrator 

Docket No. 50-255 

License No. DPR-20 

Enclosures: 

1. Confirmatory Order (Effective Immediately) 

2. Consent and Hearing Waiver 

DISTRIBUTION: 

See next page 

FILE NAME: G:\ORAIII\EICS\ENFORCEMENT\Enforcement Cases 2011\EA-11-214, 215 Palisades OI\EA-11-214 

Draft ADR Order.docx 

OFFICE RIII RIII RIII RIII 

NAME Pelke/tt Peterson Reynolds Heck 

DATE 01/20/12 01/20/12 01/23/12 01/23/12

OFFICE D:OE D:NRR D:OGC RIII RIII 

NAME Zimmerman1 Leeds1 Scott1 Orth Pederson 

DATE 01/12/12 01/12/12 01/12/12 01/23/12 01/24/12

OFFICIAL RECORD COPY

 

1 Concurrence received via e-mail from Gerald Gulla dated January 12, 2012 
Letter to Anthony Vitale from Cynthia Pederson dated January 25, 2012 

SUBJECT: CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY) 

 (NRC INSPECTION REPORT NO. 05000255/2011015 AND NRC OFFICE OF 

INVESTIGATIONS REPORT NO. 3-2011-003) 

PALISADES NUCLEAR PLANT 

4 

DISTRIBUTION: 

RidsSecyMailCenter Resource 

OCADistribution 

Bill Borchardt 

Martin Virgilio 

Roy Zimmerman 

Aida Rivera Varona 

Gerald Gulla 

Marvin Itzkowitz 

Catherine Scott 

Mark Satorius 

Cynthia Pederson 

Jennifer Uhle 

Eric Leeds 

Bruce Boger 

James Wiggins 

Patricia Holahan 

Daniel Holody 

Carolyn Evans 

Steven Orth 

Heather Gepford 

Christopher Hair 

John McHale 

Mary Ann Ashley 

Holly Harrington 

Hubert Bell 

Cheryl McCrary 

Mona Williams 

Jack Giessner 

John Ellegood 

Hironori Peterson 

Charles Zoia 

Robert Goetz 

Nancy Hane 

Jared Heck 

Allan Barker 

James Lynch 

Harral Logaras 

Viktoria Mitlyng 

Prema Chandrathil 

Patricia Lougheed 

Paul Pelke 

Magdalena Gryglak 

Susan Bagley 

RidsNrrDorlLpl3-1 

RidsNrrPMPalisades Resource 

RidsNrrDirsIpab Resource 

Patricia Buckley 

Tammy Tomczak 

OEMAIL Resource 

ROPreports@nrc.gov
1 Enclosure 1 

UNITED STATES OF AMERICA 

NUCLEAR REGULATORY COMMISSION 

In the Matter of 

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

Palisades Nuclear Plant ) License No. DPR-20 

27780 Blue Star Memorial Highway ) EA-11-214 

Covert, MI 49043-9530 

CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY) 

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. 

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 December 12, 2011. 

II 

On December 7, 2010, the NRC Office of Investigations (OI) initiated investigation (OI Case 

No. 3-2011-003) associated with an at-the-controls reactor operator at the Palisades Nuclear 

Plant who apparently violated procedure requirements by removing himself from his watch 
2 

standing responsibilities without proper turnover and approval from the Control Room 

Supervisor on October 23, 2010. 

Based on the results of the OI investigation, the NRC identified one apparent violation. The 

apparent violation involved the at-the-controls reactor operator leaving the at-the-controls area 

of the Control Room without providing a turnover to a qualified individual and obtaining 

permission from the Control Room Supervisor. The individual’s actions were contrary to 

Palisades Technical Specification 5.4.1.a, as implemented through Entergy Nuclear 

Management Manual EN-OP-115, Revision 9, “Conduct of Operations.” Specifically, 

EN-OP-115, Section 4.13.b, requires that the reactor operator at-the-controls is to remain in the 

at-the-controls area of the Control Room, except as necessary to transition from one 

at-the-controls area to another. Section 5.11 requires that in the case where a Control Room 

operator needs to be relieved during their shift, permission must be granted by the Shift 

Manager or Control Room Supervisor, as applicable, and a verbal turnover is conducted to a 

qualified individual. 

On December 12, 2011, the NRC and Entergy met in an ADR session mediated by a 

professional mediator, arranged through Cornell University’s Institute on Conflict Resolution. 

Alternative Dispute Resolution 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. 
3 

III 

In response to the NRC’s offer, Entergy requested use of the NRC’s ADR process to resolve 

differences it had with the NRC. During an ADR session on December 12, 2011, a preliminary 

settlement agreement was reached. The elements of the agreement consisted of the following: 

1. Entergy stated that it already completed, prior to the ADR session, certain corrective actions 

that address issues underlying the apparent violation. These actions included: 

a) Operations management conducted a briefing for Palisades Operations 

personnel to communicate the importance of the at-the-controls turnover process 

and the timely notification of events; 

b) Management conducted a comprehensive assessment during the week of 

November 5, 2010, to assess the Palisades Operations Department’s adherence 

to Entergy’s Conduct of Operations procedure; 

c) Entergy conducted training sessions for Palisades Shift Managers on the role of 

the Shift Manager in plant operations and in conflict resolution; 

d) Entergy reaffirmed to Palisades Operations Department personnel the 

importance of raising issues to senior management; 

e) Entergy developed and presented to all licensed operators at Palisades a case 

study based on the event. The case study discussed methods for identifying, 

addressing, and resolving conflicts between Control Room staff; 
4 

f) Entergy conducted training sessions for Shift Managers at Palisades to enhance 

their knowledge and performance under the Behavioral Observation Program; 

g) The Control Room Supervisor on-shift during the event participated in a conflict 

management program; 

h) Senior Palisades management developed and presented to each licensed 

operator requalification class, a case study, which focused on the responsibilities 

of licensed operators, compliance with regulations, and the consequences of 

noncompliance; 

i) Entergy developed simulator scenarios based on this event for use at Palisades. 

The scenarios portrayed stressful situations that require conflict resolution skills. 

These scenarios include training on the existing requirements of EN-OP-115 

(Conduct of Operations) and the Behavioral Observation Program; 

j) Entergy developed and conducted training for Palisades Operations personnel 

on stress management and conflict resolution; 

k) Entergy developed and conducted training for Palisades Operations personnel 

on the requirements of the Behavioral Observation Program; and, 

l) Entergy developed a Remediation Plan for the at-the-controls Operator to 

complete before becoming eligible for consideration for the resumption of 

licensed duties. Significant components of this Remediation Plan require that the 

Operator: 
5 

• Research and provide presentations to senior Palisades leadership and 

Operations personnel on the event and the associated duties and 

responsibilities of a licensed reactor operator; 

• Participate in interviews with senior Entergy management to assess his 

eligibility and readiness to resume licensed duties; 

• Complete at least 40 hours of “Under Instruction” watch on each shift as a 

licensed reactor operator and receive a favorable recommendation from 

each Shift Manager; and, 

• Participate in a simulator scenario and associated training that include 

handling stressful situations and conflict management. 

2. Within 90 days of the effective date of this Confirmatory Order, Entergy agreed to develop a 

case study of the events that gave rise to this Confirmatory Order, which highlights the 

safety responsibilities of licensed reactor operators (this term includes senior reactor 

operators for purposes of this Confirmatory Order), the importance of managing and 

maintaining an effective Control Room environment, the importance of effective Control 

Room watch teamwork, the importance and requirements of the Behavioral Observation 

Program, and the requirements of the Corrective Action Program. Entergy agreed to 

present this case study within 365 days after development to its licensed reactor operators 

in the Entergy fleet as part of Operator Initial or Requalification Training, as appropriate. 

3. Within 90 days of the effective date of this Confirmatory Order, Entergy agreed that a senior 

Entergy nuclear executive will send a letter to each licensed reactor operator in the Entergy 

nuclear fleet (in Entergy’s employ as of the date of the letter) re-emphasizing the 
6 

responsibilities of their position and their associated safety responsibilities and obligations to 

the public. 

4. Within 365 days of the effective date of this Confirmatory Order, Entergy agreed to develop 

and make a presentation based on the facts and lessons learned from the events that gave 

rise to this Confirmatory Order. Entergy agreed to make this presentation at the appropriate 

industry forum(s) with an Operations focus (such as a Plant Manager forum or a breakout 

session at an American Nuclear Society Utility Working Group meeting), such that industry 

personnel in all four NRC regions would have the opportunity to receive the material. 

5. Within 180 days of the effective date of this Confirmatory Order, Entergy agreed to review 

the following three Entergy fleet procedures to determine their adequacy in light of the 

events that gave rise to this Confirmatory Order: (a) Conduct of Operations, EN-OP-115; 

(b) Shutdown Safety Management Program, EN-OU-108; and (c) Infrequently Performed 

Tests or Evolutions, EN-OP-116. Entergy agreed to make the results of this review 

available for NRC inspection, and Entergy agreed to address any relevant observations, 

findings, or recommendations in its Corrective Action Program. 

6. Entergy agreed to retain experienced persons from outside of Entergy to conduct a safety 

culture assessment of the Palisades Operations Department. Entergy may also satisfy this 

obligation by having this assessment conducted as part of a Palisades site-wide safety 

culture assessment. Entergy agreed to complete this assessment within 180 days of the 

effective date of this Confirmatory Order. Entergy agreed to make the results of this 

assessment available for NRC inspection, and Entergy agreed to address any relevant 

observations, findings, or recommendations in its Corrective Action Program. 
7 

7. Entergy agreed to conduct a review of the planning for the next refueling outage at 

Palisades by a person or persons from outside of the Palisades organization, which shall 

focus on potentially stressful or complex work evolutions in the Control Room to ensure that 

they are properly planned. During the performance of a suitable sample of these selected 

potentially stressful or complex activities, Entergy agreed to conduct observations by a 

person or persons from outside of the Palisades organization to evaluate the effectiveness 

of actions taken to enhance the safe and effective management of the Control Room 

environment for these activities. Entergy agreed to complete the activities described in this 

paragraph within 180 days of the effective date of this Confirmatory Order. Entergy agreed 

to make the results of this review available for NRC inspection, and Entergy agreed to 

address any relevant observations, findings, or recommendations in its Corrective Action 

Program. 

8. If Entergy determines that it is appropriate to restore the license of the at-the-controls 

Operator identified in this event to an active status, Entergy agreed to inform the NRC in 

writing of the basis for its decision and its plan to monitor and manage his performance for 

one complete operating cycle. Entergy agreed to provide this written notification to the NRC 

not less than two weeks before the operator resumes licensed duties. 

9. Entergy agreed to inform the NRC Regional Administrator, Region III, in writing within 

30 days of the completion of all of the actions described in this Confirmatory Order. 

10. The NRC agreed to describe the violation in the Confirmatory Order, without a severity level. 

The NRC agreed to not issue a separate Notice of Violation or Civil Penalty. 
8 

11. The NRC agreed not to pursue any further enforcement action in connection with the NRC's 

letter to Entergy dated October 28, 2011. This does not prohibit the NRC from taking 

enforcement action in accordance with the NRC Enforcement Policy, if Entergy commits a 

similar violation in the future or violates the Order. 

On January 19, 2012, the licensee 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 upon issuance 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. 

We 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, we have determined that public health and safety require that Entergy’s 

commitments be confirmed by this Confirmatory Order. Based on the above and Entergy’s

consent, this Confirmatory Order is immediately effective upon issuance. 
9 

V 

Accordingly, pursuant to Sections 81, 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, EFFECTIVE IMMEDIATELY, THAT: 

1. Within 90 days of the effective date of this Confirmatory Order, Entergy shall develop a case 

study of the events that gave rise to this Confirmatory Order, which highlights the safety 

responsibilities of licensed reactor operators (this term includes senior reactor operators for 

purposes of this Confirmatory Order), the importance of managing and maintaining an 

effective Control Room environment, the importance of effective Control Room watch 

teamwork, the importance and requirements of the Behavioral Observation Program, and 

the requirements of the Corrective Action Program. Entergy shall present this case study 

within 365 days after development to its licensed reactor operators in the Entergy fleet as 

part of Operator Initial or Requalification Training, as appropriate; 

2. Within 90 days of the effective date of this Confirmatory Order, a senior Entergy nuclear 

executive shall send a letter to each licensed reactor operator in the Entergy nuclear fleet (in 

Entergy’s employ as of the date of the letter) re-emphasizing the responsibilities of their 

position and their associated safety responsibilities and obligations to the public; 

3. Within 365 days of the effective date of this Confirmatory Order, Entergy shall develop and 

make a presentation based on the facts and lessons learned from the events that gave rise 

to this Confirmatory Order. Entergy shall make this presentation at the appropriate industry 

forum(s) with an Operations focus (such as a Plant Manager forum or a breakout session at 
10 

an American Nuclear Society Utility Working Group meeting), such that industry personnel in 

all four NRC regions would have the opportunity to receive the material; 

4. Within 180 days of the effective date of this Confirmatory Order, Entergy shall review the 

following three Entergy fleet procedures to determine their adequacy in light of the events 

that gave rise to this Confirmatory Order: (a) Conduct of Operations, EN-OP-115; 

(b) Shutdown Safety Management Program, EN-OU-108; and (c) Infrequently Performed 

Tests or Evolutions, EN-OP-116. Entergy shall make the results of this review available for 

NRC inspection, and Entergy shall address any relevant observations, findings, or 

recommendations in its Corrective Action Program; 

5. Entergy shall retain experienced persons from outside of Entergy to conduct a safety culture 

assessment of the Palisades Operations Department. Entergy may also satisfy this 

obligation by having this assessment conducted as part of a Palisades site-wide safety 

culture assessment. Entergy shall complete this assessment within 180 days of the 

effective date of this Confirmatory Order. Entergy shall make the results of this assessment 

available for NRC inspection, and Entergy shall address any relevant observations, findings, 

or recommendations in its Corrective Action Program; 

6. Entergy shall conduct a review of the planning for the next refueling outage at Palisades by 

a person or persons from outside of the Palisades organization, which shall focus on 

potentially stressful or complex work evolutions in the Control Room to ensure that they are 

properly planned. During the performance of a suitable sample of these selected potentially 

stressful or complex activities, Entergy shall conduct observations by a person or persons 

from outside of the Palisades organization to evaluate the effectiveness of actions taken to 

enhance the safe and effective management of the Control Room environment for these 
11 

activities. Entergy shall complete the activities described in this paragraph within 180 days 

of the effective date of this Confirmatory Order. Entergy shall make the results of this review 

available for NRC inspection, and Entergy shall address any relevant observations, findings, 

or recommendations in its Corrective Action Program; 

7. If Entergy determines that it is appropriate to restore the license of the at-the-controls 

Operator identified in this event to an active status, Entergy shall inform the NRC in writing 

of the basis for its decision and its plan to monitor and manage his performance for one 

complete operating cycle. Entergy shall provide this written notification to the NRC not less 

than two weeks before the operator resumes licensed duties; and, 

8. Entergy shall inform the NRC Regional Administrator, Region III, in writing within 30 days of 

the completion of all of the actions described in this Confirmatory Order. 

The Regional Administrator, Region III, NRC, may, in writing, relax or rescind any of the above 

conditions upon demonstration by Entergy of good cause. 

 VI 

Any person adversely affected by this Confirmatory Order, other than Entergy, may request a 

hearing within 20 days of its publication in the Federal Register. 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 made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, and include a statement of good cause for the extension. 
12 

All documents filed in the NRC’s 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 E-Filing rule (72 FR 49139, August 28, 2007). 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 ten 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 request: (1) 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 NRC’s public Web site at 

http://www.nrc.gov/site-help/e-submittals/apply-certificates.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/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but 
13 

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. 

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, 

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. Submissions 

should be in Portable Document Format (PDF) in accordance with NRC guidance available on 

the NRC 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 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 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, applicants and other participants 

(or their counsel or representative) must apply for and receive a digital ID certificate before a 
14 

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 agency’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 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 a.m. and 8 p.m., Eastern Time, 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 
15 

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 NRC's electronic hearing 

docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, 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, except for limited 

excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use 

application, participants are requested not to include copyrighted materials in their submission. 

If a person (other than Entergy) 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 an order designating the time and place of any hearing. 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 V above, shall be final 20 days from the 

date this Confirmatory Order is published in the Federal Register, without further order or 

proceedings. If an extension of time for requesting a hearing has been approved, the provisions 
16 

specified in Section V shall be final when the extension expires if a hearing request has not 

been received. 

A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF 

THIS ORDER. 

FOR THE U.S. NUCLEAR REGULATORY COMMISSION 

/RA/ 

Cynthia D. Pederson 

Acting Regional Administrator 

NRC Region III 

Dated this 25th day of January 2012 
Enclosure 2 

CONSENT AND HEARING WAIVER FORM 

Entergy Nuclear Operations, Inc., hereby agrees to comply with the terms and conditions of the 

Confirmatory Order arising out of an alternative dispute resolution process related to 

enforcement action No. EA-11-214. Entergy Nuclear Operations, Inc., understands that the 

Confirmatory Order will be immediately effective upon its issuance. By signing below, Entergy 

Nuclear Operations, Inc., consents to the issuance of the referenced Confirmatory Order, 

effective immediately upon its issuance and, by doing so, agrees to waive the right to request a 

hearing on all or any part of the Confirmatory Order. 

/RA/ 1/19/2012

John McCann Date 

Vice President, Nuclear Safety 

Licensing and Emergency Planning, Entergy