UNITED STATES

NUCLEAR REGULATORY COMMISSION 

REGION III 

2443 WARRENVILLE RD. SUITE 210 

LISLE, ILLINOIS 60532-4352

July 21, 2014 

EA-14-013 

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 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 

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 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: 

(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 
A. Vitale -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 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. 

Sincerely, 

/RA/ 

Cynthia D. Pederson 

Regional Administrator 

Docket No. 50-255 

License No. DPR-20 

Enclosures: 

1. Confirmatory Order 

2. Consent and Hearing Waiver 
Enclosure 1 

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 
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. 

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 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 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. 

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 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 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 
4 

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: 
5 

• 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: 
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. 

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, 
7 

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. 
8 

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 NRC’s 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.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 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. 

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: 

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. 
11 

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.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. 
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. 

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. 
13 

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 
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. 

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. 

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. 
15 

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.html. System requirements for accessing the ESubmittal 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 EFiling 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 

(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/esubmittals.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/esubmittals.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/ 

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. 

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. 

Documents submitted in adjudicatory proceedings 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. 

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 
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. 

Dated at Lisle, Illinois this 21st day of July 2014 

For the Nuclear Regulatory Commission 

/RA/ 

Cynthia D. Pederson 

Regional Administrator 
Enclosure 2 
A. Vitale -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 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. 

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 

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 

Wiggins1

Simon for 

Scott2

Furst for 

Zimmerman3

Orth Pederson 

DATE 06/10/14 06/25/14 06/19/14 07/17/14 07/18/14

OFFICIAL 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 

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 

Patricia Holahan 

Nick Hilton 

David Furst 

Cynthia Pederson 

Darrell Roberts 

Marvin Itzkowitz 

Catherine Scott 

Marcia Simon 

Eric Leeds 

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 

Carole Ariano 

Linda Linn 

DRPIII 

DRSIII 

Patricia Buckley 

Carmen Olteanu 

RidsOemailCenter 

OEWEB Resource 

ROPassessment.Resource@nrc.gov