J. Dent 

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

REGION I 

2100 RENAISSANCE BLVD., SUITE 100 

KING OF PRUSSIA, PA 19406-2713 

April 11, 2016 

EA-15-247 

John Dent, Jr. 

Entergy Nuclear Operations, Inc. 

Pilgrim Nuclear Power Station 

600 Rocky Hill Road 

Plymouth, MA 02360-5508 

SUBJECT: PILGRIM NUCLEAR POWER STATION - NOTICE OF VIOLATION, NRC 

OFFICE OF INVESTIGATIONS REPORT NO. 1-2015-005 

Dear Mr. Dent: 

This letter provides you the NRC enforcement decision for apparent violations (AVs) identified 

during an investigation by the NRC Office of Investigations (OI) conducted between 

November 14, 2014, and October 21, 2015, at the Pilgrim Nuclear Power Station (PNPS). The 

investigation was conducted to determine whether a security officer(s) at PNPS deliberately 

failed to follow licensee procedures pertaining to the conduct of fire watches and also falsified 

fire watch records. 

Based on the OI investigation, the NRC identified two AVs involving multiple failures by a PNPS 

security officer (SO) to conduct required fire watches and the SO’s falsification of related 

records to indicate that the fire watches had been conducted. The AVs were described in an 

enclosure to the NRC letter sent to you on February 10, 2016 (ML16040A0221). In the 

February 10, 2016, letter, we informed you that we had sufficient information regarding the AVs 

and the corrective actions taken by PNPS to make an enforcement decision without the need for 

additional information from you. However, we provided you the opportunity to address the AVs 

by attending a pre-decisional enforcement conference (PEC), requesting Alternative Dispute 

Resolution (ADR), or providing a written response. We also informed you that you could accept 

the violations as characterized in the letter. In a letter dated March 11, 2016 (ML16078A038), 

PNPS provided a response that accepted the AVs and described the corrective actions taken by 

PNPS to address the matter. 

Therefore, based on the information developed during the investigation, the NRC has 

determined that two violations of NRC requirements occurred. These violations, which are cited 

in the enclosed Notice of Violation (Notice), involve a PNPS SO who deliberately failed to follow 

licensee procedures pertaining to the conduct of fire watches and who also falsified related fire 

watch records. Specifically, to meet NRC fire protection regulations, PNPS requirements, in 

part, state that fire watch patrols to compensate for inoperable fire suppression systems (e.g., 

the ‘A’ Emergency Diesel Generator sprinkler system) are to be completed once every hour, 

such that no fewer than 24 patrols are completed in a 24-hour period. Specific information 

 

1 Designation in parentheses refers to an Agency-wide Documents Access and Management System 

(ADAMS) accession number. Unless otherwise noted, documents referenced in this letter are 

publicly-available using the accession number in ADAMS. 
J. Dent- -2- 

about each fire watch patrol (time of completion and signature of the performing individual) is to 

be recorded on an Hourly Fire Watch Log. However, the SO admitted that, on multiple 

occasions, when assigned to perform compensatory fire watch duties, he did not conduct the 

fire watch, yet entered information on an Hourly Fire Watch Log to indicate that he had. The SO 

admitted to having falsified more than 200 such records over an approximately two year period 

between June 1, 2012, and June 26, 2014. 

Because licensees are responsible for the actions of their employees, and because the SO’s 

actions were willful, these violations were evaluated under the NRC’s traditional enforcement 

process, as set forth in Section 2.2.4(c) of the NRC Enforcement Policy. After careful 

consideration, the NRC concluded that these violations are best categorized at Severity Level III 

(SL III). In reaching this determination, the NRC considered that the underlying technical 

concern would have been evaluated as having very low safety significance (i.e. green) under 

the Reactor Oversight Process because the failure to conduct scheduled fire watch tours could 

have delayed the licensee’s detection of and response to a fire, potentially compromising the 

ability of operators to shut down the reactor safely to minimize the risk of significant radioactive 

releases to the environment. However, although numerous individual fire watches were not 

performed, the NRC did not identify that consecutive tours were missed. Therefore, the 

potential delay in identification of evidence of a fire or conditions that may lead to a fire was 

limited. Finally, because they involved willfulness, the NRC increased the significance of these 

violations, in accordance with Section 2.2.1.d of the Enforcement Policy. Willful violations are of 

particular concern because the NRC’s regulatory program is based, in part, on licensees and 

their employees acting truthfully and with integrity. Because the violations were directly related 

to each other and were both caused by the SO’s deliberate actions, the NRC has categorized 

the violations collectively as a single SL III problem. 

In accordance with Section 8 of the Enforcement Policy, a base civil penalty in the amount of 

$70,000 is considered for a SL III problem involving power reactors. Because the violations 

were willful, the NRC considered whether credit was warranted for Identification and Corrective 

Action in accordance with the civil penalty assessment process in Section 2.3.4 of the 

Enforcement Policy. The NRC has concluded that credit is warranted for the licensee’s 

identification of the violations. Specifically, after receiving an employee concern regarding 

missed fire watches and falsified records, PNPS hired a consultant to conduct an internal 

investigation, and independently concluded that the SO had willfully failed to perform certain 

assigned fire watch tours, yet had documented that the tours had been performed. The NRC 

has also concluded that credit is warranted for the licensee’s corrective actions in response to 

these violations. Namely, PNPS: (1) took disciplinary action (i.e., termination) against the 

involved SO; (2) conducted an evaluation which included an assessment of individual, 

oversight, and fire watch process implementation aspects; (3) implemented actions to address 

fire watch process improvement and oversight measures (added reviews and approvals to fire 

watch sheets and instituted an electronic tracking system); (4) incorporated a daily shift briefing 

on fire watch tours; (5) included discussion about this issue in a triannual security training 

session; and, (6) communicated with site security staff about the issue in an internal newsletter. 

Therefore, to encourage prompt identification and comprehensive correction of violations, I have 

been authorized, after consultation with the Director, Office of Enforcement, not to propose a 

civil penalty in this case. However, significant violations in the future could result in a civil 

penalty. 

 
J. Dent- -3- 

The NRC has concluded that information regarding: (1) the reasons for the violations; (2) the 

actions planned or already taken to correct the violations and prevent recurrence; and, (3) the 

date when full compliance was achieved, is already adequately addressed on the docket in the 

NRC letter dated February 10, 2016, in your letter dated March 11, 2016, and in this letter. 

Therefore, you are not required to respond to this letter unless the description therein does not 

accurately reflect your corrective actions or your position. In that case, or if you choose to 

provide additional information, you should follow the instructions specified in the enclosed 

Notice. 

If you disagree with this enforcement sanction, you may deny the violation, as described in the 

Notice, or you may request ADR with the NRC in an attempt to resolve this issue. ADR is a 

general term encompassing various techniques for resolving conflicts using a neutral third party. 

The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, 

informal process in which a trained neutral (the “mediator”) works with parties to help them 

reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral 

mediator who has no stake in the outcome and no power to make decisions. Mediation gives 

parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of 

agreement, and reach a final resolution of the issues. Additional information concerning the 

NRC's ADR program can be found at http://www.nrc.gov/aboutnrc/regulatory/enforcement/adr.html. 

The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's 

program as a neutral third party. If you are interested in pursuing this issue through the ADR 

program, please contact: (1) the ICR at (877) 733-9415; and (2) Arthur Burritt at 610-337-5069 

within 10 days of the date of this letter. You may also contact both ICR and Mr. Burritt for 

additional information. 

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

enclosure, and your response, if you choose to provide one, will be made available 

electronically for public inspection in the NRC Public Document Room and in 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. To the extent possible, your response, 

if you choose to provide one, 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, 

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 information, 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). 

Please note that final NRC investigation documents, such as the OI report described above, 

may be made available to the public under the Freedom of Information Act (FOIA) subject to 

redaction of information appropriate under the FOIA. Requests under the FOIA should be made 

in accordance with 10 CFR 9.23, Requests for Records. Additional information is available on 

the NRC website at http://www.nrc.gov/reading-rm/foia/foia-privacy.html . 

 
J. Dent- -4- 

This enforcement action will be administratively tracked under Inspection Report No. 

05000293/2016012. The NRC also includes significant enforcement actions on its Web site at 

http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/. 

Sincerely, 

 

 /RA/ 

David C. Lew 

Acting Regional Administrator 

Docket No. 50-293 

License No. DPR-35 

Enclosure: Notice of Violation 

cc w/enclosure: 

Distribution via ListServ 
J. Dent -4- 

This enforcement action will be administratively tracked under Inspection Report No. 

05000293/2016012. The NRC also includes significant enforcement actions on its Web site at 

http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/. 

Sincerely, 

 

 /RA/ 

David C. Lew 

Acting Regional Administrator 

Docket No. 50-293 

License No. DPR-353 

Enclosure: Notice of Violation 

cc w/enclosure: 

Distribution via ListServ 

Distribution: see next page 

ML16099A261 

DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Pilgrim Firewatch LICENSEE NOV-III EA-15-247.docx 

X SUNSI Review/ MMM* 

X Non-Sensitive 

 Sensitive 

X Publicly Available 

 Non-Publicly Available 

OFFICE RI/ORA RI/ORA RI/ DRS RI/DRP RI/DRP RI/ DRS 

NAME M McLaughlin/ 

MMM* 

N Warnek/ 

NSW* 

J Rogge/ JFR* w/ 

comment A Burritt/ ALB* M Scott/ MLS* R Lorson/ RKL* 

DATE 3/18/16 3/21/16 3/23/16 3/23/16 3/24/16 3/28/16 

OFFICE RI/ORA RI/ORA OE NRR OGC RI/RA 

NAME B Klukan/ BMK* B Bickett/ BAB* G Figueroa via 

email 

L Casey per G 

Figueroa email 

L Baer per G 

Figueroa email D Lew/ 

DATE 3/29/16 3/29/16 4/08/16 4/08/16 4/08/16 4/8/16 

* See previous concurrence page OFFICIAL RECORD COPY
Letter to J. Dent from D. Lew dated April 11, 2016 

ADAMS (PARS) 

SECY RidsSecyMailCenter 

OEMAIL OEMAIL Resource 

OEWEB OEWEB Resource 

V McCree, EDO RidsEdoMailCenter 

M Johnson, DEDR 

C Santos, OEDO 

P Holahan, OE RidsOeMailCenter 

B Sosa, OE 

N Hilton, OE 

S Rodriguez, OE 

N Hasan, OE 

G Figueroa, OE 

W Dean, NRR RidsNrrOd Resource 

M Evans, NRR 

J Lubinski, NRR 

S Morris, NRR 

L Casey, NRR 

Enforcement Coordinators RII, RIII, RIV 

 (D Gamberoni, R Skokowski, J Rollins) 

C Scott, OGC RidsOgcMailCenter 

H Harrington, OPA RidsOpaMail Resource 

H Bell, OIG RidsOigMailCenter 

K Fowler, OI RidsOiMailCenter 

J Teator, OI 

D D’Abate, OCFO RIDSOCFOMAILCENTER 

G Weindling, OCFO 

D Lew, RA/RI R1ORAMail Resource 

S Flanders, DRA/RI 

D Screnci, PAO-RI / N Sheehan, PAO-RI 

N McNamara, ORA / D Tifft, ORA 

M Scott, DRP R1DRPMail Resource 

R McKinley, DRP 

R Lorson, DRS 

B Smith, DRS R1DRSMail Resource 

E Carfang, SRI 

S Elkhiamy, RI 

A Burritt, DRP 

C Bickett, DRP 

L Cline, DRP 

B Klukan, ORA 

B Bickett, ORA 

M McLaughlin, ORA 

C Crisden, ORA 

N Warnek, ORA 

D Bearde, ORA 

Region I OE Files (with concurrences) 
NOTICE OF VIOLATION 

Entergy Nuclear Operations, Inc. Docket No. 50-293 

Pilgrim Nuclear Power Station License No. DPR-35 

 EA-15-247 

During an NRC investigation conducted between November 14, 2014, and October 21, 2015, 

violations of NRC requirements were identified. In accordance with the NRC Enforcement 

Policy, the violations are listed below: 

A. 10 CFR 50.48(a)(1) requires that each holder of an operating license must have a fire 

protection plan that: (i) describes the overall fire protection program for the facility; (ii) 

identifies the various positions within the licensee's organization that are responsible for 

the program; (iii) states the authorities that are delegated to each of these positions to 

implement those responsibilities; and (iv) outlines the plans for fire protection, fire 

detection and suppression capability, and limitation of fire damage. 

Pilgrim Nuclear Power Station (PNPS) Technical Specification 5.4.1.d requires that 

written procedures shall be established, implemented, and maintained covering Fire 

Protection Program implementation. 

PNPS implementing procedure 8.B.14, “Fire Protection Technical Requirements,” 

Section 7.5, “Completing Attachment 1 (Hourly Fire Watch),” requires, in part, that fire 

watch personnel examine the area involved in the posting for evidence of fire or 

conditions that may lead to a fire. This section further requires that the posting should 

be visited once every hour such that no fewer than 24 patrols are completed in a 24-hour 

period at approximately 60-minute intervals. 

Contrary to the above, on occasions between June 1, 2012, and June 26, 2014, the 

licensee did not implement a provision of a written procedure covering implementation of 

the fire protection program as it pertains to fire watches. Specifically, although hourly 

fire watches were established, fire watch personnel did not examine the areas involved 

in the hourly fire watch postings for evidence of fire or conditions that may lead to a fire. 

As a result, for the involved areas, fewer than 24 patrols were completed in 24-hour 

periods. 

B. 10 CFR 50.9(a) requires, in part, that information required by the Commission’s 

regulations, orders, or license conditions to be maintained by the licensee shall be 

complete and accurate in all material respects. 

Pilgrim Nuclear Power Station (PNPS) Technical Specification 5.4.1.d requires that 

written procedures shall be established, implemented, and maintained covering Fire 

Protection Program implementation. 

Section 10.8 of the PNPS Final Safety Analysis Report (FSAR) describes conditions for 

which hourly fire watches are to be established, including to compensate for inoperable 

fire suppression systems. 
Notice of Violation -2- 

PNPS implementing procedure 8.B.14, “Fire Protection Technical Requirements,” 

Section 4.6, “Fire Watch Responsibilities,” requires, in part, that fire watch personnel 

complete an hourly fire watch log or continuous fire watch log as directed by the Fire 

Watch Supervisor. Section 7.1, “Establishing an FSAR Required Compensatory 

Measure Fire Watch,” requires, in part, that copies of completed hourly fire watch log 

sheets shall be retained for a minimum of one week or until the watch is discontinued. 

Contrary to the above, on occasions between June 1, 2012, and June 26, 2014, the 

licensee maintained required information that was not complete and accurate in all 

material respects. Specifically, log sheets for hourly fire watches established to 

compensate for inoperable fire suppression systems (e.g., the ‘A’ Emergency Diesel 

Generator sprinkler system) indicated that hourly fire watches were performed when, in 

fact, they were not. This information was material to the NRC because the timely 

performance of fire watches enables the rapid detection, control, and suppression of a 

fire when necessary to maintain a fire protection program that meets NRC requirements. 

These violations are categorized collectively as a Severity Level III problem 

(Enforcement Policy Example Section 6.1). 

The NRC has concluded that information regarding the reason for the violations, the corrective 

actions taken and planned to correct the violations and prevent recurrence, and the date when 

full compliance was achieved is already adequately addressed on the docket in the NRC letter 

dated February 10, 2016, your letter dated March 11, 2016, and in this letter. However, you are 

required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the 

description therein does not accurately reflect your corrective actions or your position. In that 

case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of 

Violation, (EA-15-247)," and send it to the U.S. Nuclear Regulatory Commission, 

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

Administrator, U.S., Nuclear Regulatory Commission, Region I, 2100 Renaissance Boulevard, 

King of Prussia, PA 19406, and a copy to the Resident Inspector at PNPS, within 30 days of the 

date of the letter transmitting this Notice of Violation (Notice). 

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, United States Nuclear 

Regulatory Commission, Washington, DC 20555-0001. 

If you choose to respond, 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. Therefore, to 

the extent possible, the response should not include any personal privacy, proprietary, or 

safeguards information so that it can be made available to the Public without redaction.] 

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

days of receipt. 

Dated this 11th day of April 2016