[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Pages 19535-19537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07469]



[NRC-2013-0055; Docket No. 50-313; License No. DPR-51; EA-13-031]

In the Matter of Entergy Operations, Inc. (Arkansas Nuclear One, 
Unit 1); Confirmatory Order Modifying License


    Entergy Operations, Inc. (Entergy, licensee), is the holder of 
Renewed Facility Operating License No. DPR-51 issued by the U.S. 
Nuclear Regulatory Commission (NRC) pursuant to part 50 of Title 10 of 
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of 
Production and Utilization,'' on June 20, 2001. The license authorizes 
the operation of the Arkansas Nuclear One, Unit 1 (ANO-1, facility), in 
accordance with conditions specified therein. The facility is located 
on the licensee's site in Pope County, Arkansas.


    On November 2, 2005, Entergy notified the NRC of its intent to 
transition the facility to the National Fire Protection Association 
(NFPA) Standard 805 fire protection program in accordance with 10 CFR 
50.48(c). Under this initiative, the NRC has exercised enforcement 
discretion for most fire protection noncompliances that are identified 
during the licensee's transition to NFPA 805, and for certain existing 
identified noncompliances that reasonably may be resolved at the 
completion of transition. NFPA 805 was adopted in 10 CFR 50.48(c) as an 
alternative fire protection rule, which is one path to resolving 
longstanding fire protection issues. To receive enforcement discretion 
for these noncompliances, the licensee must meet the specific criteria 
as stated in Section 9.1, ``Enforcement Discretion for Certain Fire 
Protection Issues (10 CFR 50.48),'' of the ``NRC Enforcement Policy,'' 
dated June 7, 2012, and submit an acceptable license amendment 
application by the date specified in the licensee's commitment letter. 
In a letter dated June 28, 2011, Entergy committed to submit its 
license amendment application by August 31, 2012.

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    In a letter dated August 23, 2012, as supplemented by letters dated 
November 15, December 13, and December 18, 2012 (collectively, 
``extension request''), Entergy described its progress for 
transitioning ANO-1 to NFPA 805. Entergy also notified the NRC that the 
development of a high-quality application will require more time than 
originally anticipated and that it will be unable to meet its 
previously committed submittal date of August 31, 2012.
    In the extension request, Entergy reiterated its commitment to 
transition the facility to NFPA 805, and notified the NRC that Entergy 
will submit its license amendment request (LAR) no later than January 
31, 2014. The newly proposed submittal date is beyond the previous 
committed submittal date and, thus, exceeds Entergy's enforcement 
discretion (i.e., until August 31, 2012) that was granted to Entergy 
for certain fire protection noncompliances. However, if provided with 
adequate justification, the NRC may revise the submittal date through 
the use of an Order that would continue the enforcement discretion 
provided in Section 9.1 of the Enforcement Policy.
    Based on the licensee maintaining acceptable compensatory measures 
and the NRC's review of the licensee's transition status, planned key 
activities to complete its NFPA 805 LAR, and planned fire risk 
reduction modifications, the NRC staff concluded that the licensee 
provided adequate justification for revising the LAR submittal date. 
The NRC documented its conclusions in its safety evaluation dated 
January 24, 2013 (ML13009A292). Therefore, the NRC has determined that 
the date for submitting an acceptable NFPA 805 LAR should be extended. 
This Order is being issued to revise the original ANO-1 LAR submittal 
date of August 31, 2012, until January 31, 2014. The new submittal date 
supports Entergy's continued progress in activities related to the 
transition to NFPA 805 as described in the letter dated August 23, 
    Entergy may, at any time, cease its transition to NFPA 805 and 
comply with ANO-1's existing licensing basis and the regulations set 
forth in 10 CFR 50.48. As indicated in the Enforcement Policy, if 
Entergy decides not to complete the transition to 10 CFR 50.48(c), it 
must submit a letter stating its intent to retain its existing 
licensing basis and withdrawing its letter of intent to comply with 10 
CFR 50.48(c). If Entergy fails to meet the new LAR submittal date and 
fails to comply with its existing licensing basis, the NRC will take 
appropriate enforcement action consistent with the NRC's Enforcement 
    On March 12, 2013, Entergy consented to issuing this Order, as 
described in Section V below. Entergy further agreed that this Order 
will be effective upon issuance and that it has waived its rights to a 


    Based on the licensee maintaining acceptable compensatory measures, 
and a review of the licensee's status and planned key activities, 
including the intended NFPA 805 modifications, the NRC has determined 
that the licensee has provided adequate justification for its 
commitment given in Section V, and, thus, for the extension of 
enforcement discretion. Because the licensee will continue to perform 
facility modifications, with associated procedure updates, to reduce 
current fire risk in parallel with the development of its NFPA 805 LAR, 
the staff finds this acceptable to ensure public health and safety. 
Based on the above and Entergy's consent, this Order is effective upon 


    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's regulations in 10 CFR 2.202, ``Orders,'' it is hereby 
ordered, that license no. DPR-51 is modified as follows:
    A. Entergy will submit an acceptable license amendment request for 
Arkansas Nuclear One, Unit 1 to adopt NFPA Standard 805 by no later 
than January 31, 2014.
    B. Entergy will continue to receive enforcement discretion until 
January 31, 2014. If the NRC finds that the LAR is not acceptable, the 
NRC will take steps consistent with the Enforcement Policy.
    The Director of the Office of Enforcement, in consultation with the 
Director of the Office of Nuclear Reactor Regulation, may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
licensee of good cause.


    In accordance with 10 CFR 2.202, the licensee, under oath or 
affirmation, must submit a written answer to this Order within 30 days 
from the date of this Order. Additionally, any person adversely 
affected by this Order may submit a written answer and/or request a 
hearing on this Order within 30 days from the date of this Order. Where 
good cause is shown, consideration will be given to extending the time 
to answer or request a hearing. A request for extension of time must be 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and include a 
statement of good cause for the extension.
    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 hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    All documents filed in the NRC adjudicatory proceedings, including 
a request for a 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). 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 email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) 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 
certificate). Based on 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 the 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 the NRC's ``Guidance for 
Electronic Submission,'' which is available on the

[[Page 19537]]

NRC'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 System, 
users will be required to install a Web browser plug-in from the NRC's 
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 
a hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC guidance 
available on the NRC's 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email 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 
document 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 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 contracting the NRC Meta System 
Help Desk thorough the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc/gov/site-help/e-submittals.html, by email to 
MSHD.Resource@nrc.gov, or by a toll free call to 1-866-672-7640. 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 extension 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 using 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, 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 submissions.
    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 Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    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 from the date of 
this 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.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 20th day of March 2013.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-07469 Filed 3-29-13; 8:45 am]