[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72008-72009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29985]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-271 and 50-458; NRC-2009-0572; License Nos. DPR-28 and
NPF-47]
Entergy Nuclear Operations, Inc., Entergy Operations, Inc.,
Entergy Nuclear Vermont Yankee, LLC, Entergy Gulf States Louisiana,
LLC; Notice of Issuance of Director's Decision
Notice is hereby given that the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission (NRC or the Commission),
has issued a Director's Decision on a petition filed by Mr. Sherwood
Martinelli (hereafter referred to as the Petitioner). Electronic
transmissions sent on December 22, 2009, and December 28, 2009, amended
the original petition, dated August 22, 2009. The petition concerns the
operation of the River Bend Station, Unit 1, owned by Entergy Gulf
States Louisiana, LLC, and operated by Entergy Operations, Inc., and
the operation of the Vermont Yankee Nuclear Power Station owned by
Entergy Nuclear Vermont Yankee, LLC, and operated by Entergy Nuclear
Operations, Inc.
The Petitioner requested that the NRC; (1) suspend the operating
license of any Entergy Nuclear Operations, Inc., or Entergy Operations,
Inc. (both corporations hereafter referred to as Entergy), nuclear
power plant with a projected shortfall in its decommissioning trust
funds; (2) take action to ensure that the licensee rectify any
shortfalls in the decommissioning trust funds; and (3) take additional
actions that include imposing daily fines, suspending all Entergy-
related filings before the Commission, and ordering the licensee's
compliance with all NRC regulations.
Based on the original petition dated August 22, 2009, the
Petitioner expressed his belief that Entergy deliberately mismanaged
its decommissioning trust funds and knowingly provided false financial
documentation supporting filings before the Commission and that the NRC
staff was complicit in these actions. The Petitioner noted that the
biennial decommissioning funding assurance reports submitted by Entergy
in March 2009 for its fleet of nuclear reactors had projected
shortfalls totaling hundreds of millions of dollars. The Petitioner
requested a number of actions, including suspending the operating
licenses of all Entergy facilities with projected shortfalls until the
licensee restores the decommissioning funds to the minimum levels
required by NRC regulations.
Based on the December 22, 2009, request that amended the original
petition, the Petitioner expressed his belief that, because the NRC's
Petition Review Board accepted his petition with respect to Vermont
Yankee Nuclear Power Station and River Bend Station, the NRC had
effectively acknowledged violations by Entergy and that the NRC was
remiss in not taking immediate enforcement actions. The Petitioner
asked the NRC to impose daily fines on Entergy and to release all
financial documentation provided by Entergy that the agency relied on
when determining
[[Page 72009]]
whether adequate decommissioning funds would exist.
Based on the December 28, 2009, request that amended the original
petition, the Petitioner expressed his belief that allowing Entergy to
rely on SAFSTOR to accumulate decommissioning funds for Indian Point
Nuclear Generating, Unit No. 2, is unacceptable. The Petitioner asked
the NRC to impose additional enforcement on Entergy that would result
in either the withdrawal of its license renewal applications or the
imposition of a $5 billion fine, along with a statement by Entergy
acknowledging that it had submitted false and inaccurate financial
statements on its decommissioning funding assurance.
The NRC sent a copy of the proposed Director's Decision to the
Petitioner and Entergy for comment on September 8, 2011. The agency
received comments from Entergy and incorporated them into the final
Director's Decision. The agency did not receive any comments from the
Petitioner.
The Director of the Office of Nuclear Reactor Regulation denied the
Petitioner's request to suspend the operating licenses of the Entergy
facilities that have projected shortfalls in their decommissioning
trust funds and denied the Petitioner's request that the NRC take
certain actions to ensure that the licensee rectifies any shortfalls in
the decommissioning trust funds and take other actions to ensure the
integrity of the decommissioning trust funds. These actions included
suspending all licensing actions for Entergy facilities, ordering
immediate actions by Entergy to redress the projected shortfalls, and
imposing daily fines until the licensee has deposited adequate funds to
make the decommissioning funds fully whole. The Director of the Office
of Nuclear Reactor Regulation granted the Petitioner's request that the
agency make available to the Petitioner all data and information
presented by Entergy and used by the NRC staff to decide whether
facilities operated by Entergy have adequate decommissioning funds as
required by the regulations. All information supplied by Entergy and
used by the staff is publicly available in the Agencywide Documents
Access and Management System (ADAMS). The Director's Decision (DD-11-
07) under Title 10 of the Code of Federal Regulations (10 CFR) 2.206,
``Requests for Action under This Subpart,'' explains the reasons for
these decisions. The complete text is available in ADAMS under
Accession No. ML112870542 for inspection at the Commission's Public
Document Room located at One White Flint North, Public File Area 01
F21, 11555 Rockville Pike (first floor), Rockville, MD, and online in
the NRC library at http://www.nrc.gov/reading-rm.html.
The NRC will file a copy of the Director's Decision with the
Secretary of the Commission for the Commission's review in accordance
with 10 CFR 2.206. As a provision of this regulation, the Director's
Decision will constitute the final action of the Commission 25 days
after the date of the decision unless the Commission, on its own
motion, institutes a review of the Director's Decision in that time.
Dated at Rockville, Maryland, this 8th day of November 2011.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-29985 Filed 11-18-11; 8:45 am]
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