UNITED STATES

NUCLEAR REGULATORY COMMISSION 

REGION III 

2443 WARRENVILLE RD. SUITE 210 

LISLE, IL 60532-4352 

May 16, 2016 

EA-15-039 

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. 05000255/2015013; 

AND INVESTIGATION REPORT 3-2012-021; 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 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 our letter dated February 22, 2016 (Agencywide Documents 

Access and Management System (ADAMS) Accession No. ML16053A472). 

Our February 22, 2016, letter provided you with the results of an investigation conducted by the 

NRC’s Office of Investigations (OI) to determine whether personnel at Palisades Nuclear Plant 

deliberately failed to provide complete and accurate information to the NRC associated with a 

Safety Injection Refueling Water Tank (SIRWT) leak, thereby violating Title 10 of the Code of 

Federal Regulations (CFR), Section 50.9, “Completeness and Accuracy of Information.” Based 

on the results of our review and the OI investigation, three apparent violations were identified. 

The apparent violations involved: (1) the failure, on the part of four individuals, to enter 

information concerning a leak in the SIRWT into the corrective action program as required by 

10 CFR Part 50, Appendix B, Criterion V, and procedure EN–LI–102, Revision 16; (2) the failure 

to perform adequate operability determinations of conditions associated with the SIRWT leak as 

required by 10 CFR Part 50, Appendix B, Criterion V, and procedure EN–OP–104, Revision 5; 

and (3) the failure to perform either a missed surveillance test within 24 hours from identification 

or a risk evaluation to complete the surveillance at a later time as required by Technical 

Specifications, Surveillance Requirement 3.0.3. 

Our February 22, 2016, letter also informed you that the apparent violations were being 

considered for escalated enforcement action in accordance with the NRC’s Enforcement Policy, 

and provided you with the option of either: (1) requesting a Predecisional Enforcement 

Conference; or (2) requesting ADR. 
A. Vitale -2- 

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

March 25, 2016, 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 February 22, 2016. 

At the mediation session, you agreed to consent to a Confirmatory Order and take additional 

actions to address the issues that, in our view, resulted in violations of NRC requirements. The 

NRC agreed that, contingent on you satisfying the terms of the Confirmatory Order, we would 

not take further enforcement action based on the apparent violations. In light of the corrective 

actions you have taken and 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. Your consent to issuance of the Confirmatory Order is evidenced by your signed 

“Consent and Hearing Waiver Form” (Enclosure 2), dated May 5, 2016. 

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, “Public inspections, exemptions requests for withholding,” 

a copy of this letter, along with its enclosures, will be made available electronically for public 

inspection in ADAMS, accessible from the NRC Web site at http://www.nrc.gov/readingrm/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 

cc: Distribution via LISTSERV®
Enclosure 1 

UNITED STATES OF AMERICA 

NUCLEAR REGULATORY COMMISSION 

In the Matter of ) 

 ) 

ALL POWER REACTOR LICENSEES ) 

OWNED AND OPERATED BY ) Docket Nos. (Attachment 1) 

ENTERGY NUCLEAR OPERATIONS, INC.; ) Licensed Nos. (Attachment 1) 

ENTERGY OPERATIONS, INC.; AND ) 

ENTERGY NUCLEAR GENERATION ) 

COMPANY ) EA-15-039 

CONFIRMATORY ORDER MODIFYING LICENSE 

I 

Entergy Nuclear Operations, Inc. (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 (Palisades) in accordance with conditions specified therein. The facility is located 

on Entergy's site in Covert, Michigan. 

This Confirmatory Order is the result of an agreement reached during an Alternative Dispute 

Resolution (ADR) mediation session conducted on March 25, 2016. 

II 

On June 25, 2012, the NRC Office of Investigations (OI), Region III Field Office initiated an 

investigation (OI Case No. 3-2012-021) to determine whether personnel at Palisades 

deliberately failed to provide complete and accurate information to the NRC regarding a 
2 

potential leak in the Safety Injection Refueling Water Tank (SIRWT), thereby violating 10 CFR 

50.9, “Completeness and Accuracy of Information.” The Office of Investigations completed its 

investigation on March 10, 2015, and the NRC provided a factual summary of the investigation 

in a letter to Entergy dated February 22, 2016 (Agencywide Documents Access and 

Management System (ADAMS) Accession No. ML16053A472). Based on the review of the 

OI investigation report, the NRC determined that four Palisades employees willfully violated 

10 CFR Part 50, Appendix B, Criterion V, “Instructions, Procedures, and Drawings,” by failing to 

comply with the Palisades corrective action program procedure. The NRC also determined that 

Entergy violated 10 CFR Part 50, Appendix B, Criterion V, “Instructions, Procedures, and 

Drawings,” based on an inadequate operability determination. In addition, the NRC found that 

Entergy violated Technical Specifications (TS), Surveillance Requirement (SR) 3.0.3 by not 

performing either a missed surveillance test within 24 hours from identification or a risk 

evaluation to complete the surveillance at a later time. 

More specifically, on May 18, 2011, Palisades employees initiated Condition Report (CR) 

PLP-2011–02491 when leakage from the ceiling in the Palisades main control room was 

identified following heavy rains in the area. Based on the evidence gathered during the 

OI investigation, the NRC determined that four Palisades employees willfully violated NRC 

requirements by failing to enter a condition adverse to quality into Palisades’ corrective action 

program, after they either initiated or received e-mails that concluded with high certainty that the 

SIRWT or associated piping was the source of the leakage. Their actions caused Entergy to be 

in violation of 10 CFR Part 50, Appendix B, Criterion V, “Instructions, Procedures, and 

Drawings,” and Procedure EN-LI-102, “Corrective Action Process,” Revision 16, which requires 

employees to promptly identify and initiate CRs for conditions adverse to quality. 
3 

On June 2, 2011, Entergy performed a direct visual inspection of the catacombs, an area 

directly above the control room and below the SIRWT, to look for sources of leakage. As a 

result of the inspection, Palisades identified an active flange leak on a 3-inch SIRWT 

piping flange (CR PLP-2011-02738) and an active leak from the catacombs ceiling 

(CR PLP-2011-02740). The NRC determined that Entergy violated NRC requirements by 

failing to perform an operability determination for the catacombs ceiling leak. Additionally, 

Entergy failed to perform an engineering evaluation for the SIRWT when Palisades staff 

identified active boric acid leakage from a safety injection flange with carbon steel bolts. These 

failures caused Entergy to be in violation of 10 CFR Part 50, Appendix B, Criterion V, 

“Instructions, Procedures, and Drawings,” and Procedure EN-OP-104, “Operability 

Determination Process,” Revision 5, which required Entergy to assess operability when 

degraded conditions affecting structures, systems, and components, were identified. 

The NRC also determined Entergy to be in violation of Palisades TS, SR 3.0.3, which required it 

to either perform a missed surveillance test within 24 hours or a risk evaluation for any 

surveillance delayed greater than 24 hours. Specifically, when Entergy identified surveillance 

procedure RT-71M, the surveillance to conduct the American Society of Mechanical Engineers 

inservice pressure test of the SIRWT and associated piping, had not been performed within its 

required schedule, Entergy failed to perform the test within 24 hours from identification or 

perform a risk evaluation to complete the surveillance at a later time. 

Entergy accepted the NRC’s offer of ADR to resolve differences it had with the NRC over the 

results of the investigation and these apparent violations. 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. On March 25, 2016, 
4 

Entergy and the NRC met in an ADR session mediated by a professional mediator, arranged 

through Cornell University's Institute on Conflict Resolution. 

Prior to the NRC’s offer to engage in ADR, Entergy had already taken several corrective 

actions, including (but not limited to): (1) repair of the SIRWT; (2) waterproofing the concrete 

support structure below the SIRWT nozzles; (3) changes to management and other personnel 

at the station; (4) addressing safety culture by training site personnel, increasing leadership 

communication of safety culture expectations, and completing an independent third party 

assessment of safety culture; and (5) implementing a Recovery Plan at Palisades to strengthen 

safety culture, the corrective action program, and leadership effectiveness. 

III 

During the ADR session, the NRC and Entergy reached a preliminary settlement agreement. 

The NRC is issuing this Confirmatory Order pursuant to the agreement reached during the ADR 

process. The elements of the agreement, as signed by both parties, consists of the following: 

1. Entergy does not believe that any of the above violations were committed willfully, but 

rather were the product of deficiencies in the organizational safety culture that existed at 

the time those violations occurred. The parties agreed to disagree on the issue of 

willfulness.

2. Entergy will ensure site personnel understand lessons learned from this matter: 

2a. Within 180 days of the effective date of the Confirmatory Order, Entergy will 

develop a case study with the participation of key personnel in operations, 
5 

chemistry, radiation protection, and engineering, addressing lessons learned 

from the events that gave rise to the Confirmatory Order. The case study will 

include applicable safety culture traits, including the importance of conservative 

decisionmaking; going forward in the face of uncertainty; the need for nuclear 

personnel to demonstrate a questioning attitude; and the threshold for initiating 

corrective action documents, especially when dealing with indeterminate and/or 

changing conditions. 

2b. Within 180 days of the completion of item 2a., Entergy will present the case study 

to the Palisades site leadership team (first-line supervisors and above) during 

focused leadership training; licensed and non-licensed operators during routine 

requalification training; engineering personnel during routine Engineering Support 

Personnel training; and chemistry, radiation protection, and maintenance 

personnel during continuing training. This training will include long-term 

contractor personnel who would normally attend. 

2c. No later than December 31, 2017, the Entergy Safety Review Committee, 

Oversight Subcommittee, will report to the Entergy Chief Nuclear Officer on the 

effectiveness of the training in item 2b. Upon completion of the report, Entergy 

will notify in writing the Director, Division of Reactor Projects, NRC Region III, 

and make the report available to the NRC for inspection. 

3. Entergy will share lessons learned from this matter with other reactor licensees: 
6 

3a. Within 180 days of completion of item 2a., Entergy will present the lessons 

learned from the case study to the Entergy fleet in Inside Entergy. 

3b. Within 360 days of completion of item 2a., Entergy will present the lessons 

learned from the case study at: (1) a Regional Utility Group meeting in each of 

the NRC Regions that Entergy operates; and (2) a suitable industry-wide forum 

such as the Nuclear Energy Institute Licensing Forum. 

3c. Entergy will notify in writing the Director, Division of Reactor Projects, NRC 

Region III, at least 30 days prior to any scheduled presentation under item 3b, 

and make the presentation materials available for NRC review. 

3d. No later than December 31, 2017, Entergy will affirm in writing to the Director, 

Division of Reactor Projects, NRC Region III, that the presentations in items 3a. 

and 3b. were conducted. 

4. Within 360 days of the effective date of the Confirmatory Order, Entergy will review 

Procedure EN-OP-104, “Operability Determination Process,” and Procedure EN-LI-102, 

“Corrective Action Process,” in light of the lessons learned from events associated with 

leakage of the SIRWT and revise these procedures as appropriate. In particular, the 

review will evaluate the adequacy of those procedures to address indeterminate and/or 
7 

changing conditions. Upon completion of the procedure reviews and applicable 

revisions, Entergy will notify in writing the Director, Division of Reactor Projects, NRC 

Region III, and make the procedures available to the NRC for inspection. 

5. Entergy will modify its current program of public outreach at Palisades. The 

modifications will include, at a minimum: 

5a. Ensuring key stakeholders, including Federal, State, and local government 

officials, non-government organizations interested in Palisades, and members of 

the local community, are invited to the meetings. 

5b. Ensuring the subject of each meeting includes plant safety and operations. 

5c. Ensuring the format of the meeting permits the audience to raise questions, such 

as in a town hall environment. 

5d. Ensuring at least one meeting is held no later than December 31, 2016, which 

will address the events that led to this Confirmatory Order. 

5e. Ensuring at least two meetings are held per calendar year in 2017 and 2018. 

In exchange for Entergy fulfilling its commitments under this Confirmatory Order, and for the 

corrective actions Entergy has already taken, the NRC agreed to the following conditions: 
8 

1. The NRC will consider this Confirmatory Order as an escalated enforcement action for a 

period of one year from its effective date. 

2. The NRC will refrain from issuing a Notice of Violation and proposing a civil penalty for 

the apparent violations described in the NRC letter to Entergy dated February 22, 2016. 

On May 5, 2016, Entergy consented to issuing this Confirmatory Order with the commitments 

described in Section V. Entergy further agreed that this Confirmatory Order is to be effective 30 

calendar days after issuance and waived its right to a hearing on the Confirmatory Order. 

IV 

Since the Entergy agrees to take additional actions to address NRC concerns, as set forth in 

Section III above, the NRC concludes that its concerns can be resolved through issuance of this 

Confirmatory Order. 

I find that Entergy’s commitments set forth in Section V are acceptable and necessary, and I 

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 

commitments be confirmed by this Confirmatory Order. Based on the above and based on 

Entergy’s consent, this Confirmatory Order is effective 30 calendar days after issuance. 

 
9 

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: 

1. Entergy will ensure site personnel understand lessons learned from this matter: 

1a. Within 180 days of the effective date of the Confirmatory Order, Entergy will 

develop a case study with the participation of key personnel in operations, 

chemistry, radiation protection, and engineering, addressing lessons learned 

from the events that gave rise to the Confirmatory Order. The case study will 

include applicable safety culture traits, including the importance of conservative 

decisionmaking; going forward in the face of uncertainty; the need for nuclear 

personnel to demonstrate a questioning attitude; and the threshold for initiating 

corrective action documents, especially when dealing with indeterminate and/or 

changing conditions. 

 

1b. Within 180 days of the completion of item 1a., Entergy will present the case study 

to the Palisades site leadership team (first-line supervisors and above) during 

focused leadership training; licensed and non-licensed operators during routine 

requalification training; engineering personnel during routine Engineering Support 

Personnel training; and chemistry, radiation protection, and maintenance 

personnel during continuing training. This training will include long-term 

contractor personnel who would normally attend. 
10 

1c. No later than December 31, 2017, the Entergy Safety Review Committee, 

Oversight Subcommittee, will report to the Entergy Chief Nuclear Officer on the 

effectiveness of the training in item 1b. Upon completion of the report, Entergy 

will notify in writing the Director, Division of Reactor Projects, NRC Region III, 

and make the report available to the NRC for inspection. 

2. Entergy will share lessons learned from this matter with other reactor licensees: 

2a. Within 180 days of completion of item 1a., Entergy will present the lessons 

learned from the case study to the Entergy fleet in Inside Entergy. 

2b. Within 360 days of completion of item 1a., Entergy will present the lessons 

learned from the case study at: (1) a Regional Utility Group meeting in each of 

the NRC Regions that Entergy operates; and (2) a suitable industry-wide forum 

such as the Nuclear Energy Institute Licensing Forum. 

2c. Entergy will notify in writing the Director, Division of Reactor Projects, NRC 

Region III, at least 30 days prior to any scheduled presentation under item 2b. 

and make the presentation materials available for NRC review. 
11 

2d. No later than December 31, 2017, Entergy will affirm in writing to the Director, 

Division of Reactor Projects, NRC Region III, that the presentations in items 2a. 

and 2b. were conducted. 

3. Within 360 days of the effective date of the Confirmatory Order, Entergy will review 

Procedure EN-OP-104, “Operability Determination Process,” and Procedure EN-LI-102, 

“Corrective Action Process,” in light of the lessons learned from events associated with 

leakage of the SIRWT and revise these procedures as appropriate. In particular, the 

review will evaluate the adequacy of those procedures to address indeterminate and/or 

changing conditions. Upon completion of the procedure reviews and applicable 

revisions, Entergy will notify in writing the Director, Division of Reactor Projects, NRC 

Region III, and make the procedures available to the NRC for inspection. 

4. Entergy will modify its current program of public outreach at Palisades. The 

modifications will include, at a minimum: 

4a. Ensuring key stakeholders, including Federal, State, and local government 

officials, non-government organizations interested in Palisades, and members of 

the local community are invited to the meetings. 

4b. Ensuring the subject of each meeting includes plant safety and operations. 

4c. Ensuring the format of the meetings permits the audience to raise questions, 

such as in a town hall environment. 
12 

4d. Ensuring at least one meeting is held no later than December 31, 2016, which 

will address the events that led to this Confirmatory Order. 

4e. Ensuring at least two meetings are held per calendar year in 2017 and 2018. 

5. The conditions of this order are binding upon the successors and assigns of Entergy. 

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 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 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 
13 

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 (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 identification 

(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.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/e-submittals.html. 

Participants may attempt to use other software not listed on the Web site, but 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 
14 

System (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/sitehelp/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 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 

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 
15 

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 a request for 

exemption 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. However, in some instances, a request to intervene will require including 

information on local residence in order to demonstrate a proximity assertion of interest in the 
16 

proceeding. 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 V above shall be final 30 days after 

issuance of the Confirmatory Order without further order or proceedings. If an 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 16 day of May, 2016 

For the Nuclear Regulatory Commission 

/RA/ 

Cynthia D. Pederson 

Regional Administrator 
Attachment 1 

ALL POWER REACTOR LICENSEES OWNED AND OPERATED BY ENTERGY NUCLEAR 

OPERATIONS, INC.; ENTERGY OPERATIONS, INC.; AND ENTERGY NUCLEAR 

GENERATION COMPANY 

Arkansas Nuclear One. Units 1 and 2 

Entergy Operations, Inc. 

Docket Nos. 50-313, 50-368 

License Nos. DRP-51; NPF-6 

Mr. Jeremy Browning, Site Vice President 

Arkansas Nuclear One Entergy Operations, Inc.

1448 SR 333 

Russellville, AR 72802-0967

Grand Gulf Nuclear Station 

Entergy Operations, Inc. 

Docket No. 50-416

License No. NPF-29

Mr. Kevin Mulligan, Site Vice President 

Entergy Operations, Inc. 

Grand Gulf Nuclear Station 

P.O. Box 756 

Port Gibson, MS 39150

Indian Point Nuclear Generating, Units 2 and 3 

Entergy Nuclear Operations, Inc.

Docket Nos. 50-247 and 50-286

License Nos. DPR-26 and DPR-64

Mr. Larry Coyle, Site Vice President 

Entergy Nuclear Operations, Inc. 

Indian Point Energy Center 

450 Broadway, GSB

Buchanan, NY 10511-0249
2 

James A FitzPatrick Nuclear Power Plant 

Entergy Nuclear Operations, Inc.

Docket No. 50-333

License No. DPR-59

Mr. Brian Sullivan, Site Vice President 

Entergy Nuclear Operations, Inc.

James A FitzPatrick Nuclear Power Plant

P.O. Box 110 

Lycoming, NY 13093 

Palisades Nuclear Plant 

Entergy Nuclear Operations, Inc.

Docket No. 50-255

License No. DPR-20

Mr. Anthony Vitale, Vice President, Operations 

Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant

27780 Blue Star Memorial Highway

Covert, Ml 49043

Pilgrim Nuclear Power Station 

Entergy Nuclear Generation Company

Docket No. 50-293

License No. DPR-35

Mr. John Dent, Site Vice President 

Entergy Nuclear Operations Inc.

Pilgrim Nuclear Power Station

600 Rocky Hill Road

Plymouth, MA 02360-5508

River Bend Station 

Entergy Operations, Inc. 

Docket No. 50-458

License No. NPF-47

Mr. Eric W. Olson, Site Vice President 

Entergy Operations, Inc. 

River Bend Station

5485 US Highway 61 N

St. Francisville, LA 70775

 
3 

Vermont Yankee Nuclear Power Station 

Entergy Nuclear Operations, Inc. 

Docket No. 50-271 

License No. DPR-28

Mr. Christopher Wamser, Site Vice President 

Entergy Nuclear Operations, Inc.

Vermont Yankee Nuclear Power Station

P. O. Box 250

Vernon, VT 05354

Waterford Steam Electric Station. Unit 3 

Entergy Operations, Inc.

Docket No. 50-382

License No. NPF-38

Mr. Michael R. Chisum, Site Vice President 

Entergy Operations, Inc.

Waterford Steam Electric Station

17265 River Road

Killona, LA 70057-0751
Enclosure 2 
A. Vitale -2- 

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

March 25, 2016, 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 February 22, 2016. 

At the mediation session, you agreed to consent to a Confirmatory Order and take additional 

actions to address the issues that, in our view, resulted in violations of NRC requirements. The 

NRC agreed that, contingent on you satisfying the terms of the Confirmatory Order, we would 

not take further enforcement action based on the apparent violations. In light of the corrective 

actions you have taken and 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. Your consent to issuance of the Confirmatory Order is evidenced by your signed 

“Consent and Hearing Waiver Form” (Enclosure 2), dated May 5, 2016. 

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, “Public inspections, exemptions requests for withholding,” 

a copy of this letter, along with its enclosures, will be made available electronically for public 

inspection in ADAMS, accessible from the NRC Web site at http://www.nrc.gov/readingrm/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 

cc: Distribution via LISTSERV® 

ADAMS Accession No.: ML16137A012 

OFFICE RIII RIII RIII RIII RIII 

NAME Gryglak Jandovitz Duncan Louden Heck 

DATE 04/01/16 04/11/16 04/11/16 04/14/16 04/12/16

OFFICE D:OGC D:OE RIII RIII

NAME Clark for Vrahoretis1 Holahan2 Skokowski Pederson 

DATE 04/22/16 04/22/16 05/06/16 05/16/16

OFFICIAL RECORD COPY 

 

1 OGC concurred per e-mail from M. Clark dated 04/2216 

2OE concurred per e-mail from G. Gulla dated 04/22/16 
Letter to Mr. Anthony Vitale from Ms. Cynthia D. Pederson dated May 16, 2016 

SUBJECT: CONFIRMATORY ORDER RELATED TO NRC REPORT NO. 05000255/2015013; 

AND INVESTIGATION REPORT 3-2012-021; PALISADES NUCLEAR PLANT 

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