Entergy Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 JUL 22 2010 Mr. Joe Hantz Entergy Services, Inc. 10055 Grogans Mill Road, Suite 400 The Woodlands, TX 77380 Ref. No. 10-0132 Dear Mr. Hantz: This responds to your June 14, 2010 letter regarding the applicability of the security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, several of your power plants receive chlorine gas (i.e., a Division 2.3 material) in cylinders from a vendor. Once the chlorine has been used up, the vendor returns to pick up the empty cylinders. The empty cylinders are not purged of trace residuals of chlorine gas that may remain in the cylinder prior to vendor pickup. You note that vendor personnel handle the transport, unloading of full cylinders from the motor vehicles, and loading of empty cylinders onto the motor vehicles without any involvement from Entergy personnel including any pre-transportation functions such as preparation of the cylinders for transportation or preparation of shipping papers. Additionally, the Entergy personnel signature(s) on the shipping document(s) are for purposes of certifying financial agreement and not for purposes of certifying that the chlorine is being transported in accordance with the HMR as part of the shipper's certification required under § 172.204. You believe that Entergy is not acting as an offeror at these power plants and therefore, security plans are not required of Entergy to address the security risks associated with the return shipment ofthe empty cylinders from the plants. Your understanding is correct. If Entergy contracts with the vendor to perform all pretransportation functions related to the residue shipments from the Entergy plants, including securing the closures of the cylinders, preparing the shipping paper( s), providing emergency response information, and signing the certification required by § 172.204 that the shipments are in proper condition for transportation, then Entergy would not be considered an offeror for the purposes ofthe HMR and thus, not subject to the security plan requirements of the HMR. I hope this information is helpful. If you have further questions, please contact this office. in:l'ep~ Charles E. Betts Chief, Standards Development ffice of Hazardous Materials Standards#

Page 2Del" kinde Yen ,. Entergy Services, Inc. .fB 17Z . 800 10055 Grogans Mill Road 5ec.u.r1·~ funs Suite 400 The Woodlands, TX 77380 ~Entergy Tel. 281-297-3319 10 - Dl3Z Fax 281-297-3251 Joseph Hantz Manager, Environmental Services June 14,2010 Mr. Ben Supko Office ofHazardous Materials Standards Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave SE Washington, DC 20590 RE: Request for Clarification ofRequirements Hazardous Materials Risk-Based Transportation Security Plans Final Rule March 9, 2010 Dear Mr. Supko, Entergy Corporation (Entergy) is an integrated energy company engaged primarily in electric power production and retail distribution operations. Entergyowns and operates power plants with approximately 30,000 megawatts ofelectric generating capacity. Entergy delivers electricity to 2.7 million utility customers in Arkansas, Louisiana, Mississippi and Texas. Entergy has been preparing to comply with the new rule referenced above and is requesting clarification from your office regarding the applicability ofthese new requirements on our fossil plant locations. Several ofour fossil plants receive a hazard class 2.3 material (Le. chlorine gas for water treatment) from off-site vendors who deliver full cylinders ofthe material to the plant to replace those that are empty. The vendor uses their own personnel and equipment for this replacement activity. Entergy personnel are not involved with the preparation of shipping papers, with the physical unloading and placement, nor with loading or fmal offsite shipment ofthese cylinders. Entergy is not involved with the procedures to load or unload the cylinders and has no knowledge or control ofthe route that the cylinders take on public highways. The cylinders are empty when collected by the owner but are not purged oftrace residuals before the vendor transports the cylinders from our property. The shipping papers are signed by Entergy personnel for the sole purpose ofdocumenting the fmancial agreement to pay for the chlorine and associated container rental and are not associated with the transportation ofthese materials. Plants that receive the chlorine gas cylinders have been evaluated under the Department ofHomeland Security (DHS) Chemical Facility Anti-Terrorism Standards (CF A TS) via the DHS Chemical Security Assessment Tool. Appropriate CF ATS security plans have been drafted and implemented ensuring the security ofchlorine gas cylinders on the applicable production sites. Entergy does not believe that our sites are acting as offerors for transportation of the chlorine cylinders. Therefore, we do not believe that the plants involved require the new risk based DOT security plans. Based on this information, Entergy requests clarification as to whether DOT Security Plans are required at these plant locations. Ifyou have any questions regarding this request, please contact Don Lierman at 281-297-3393 or dlierma@entergy.com. sm4~. ~n~~ Entergy Fossil Enviromnental Services Manager cc: Mark Bowles - Fossil Enviromnental Support Don Lierman - Entergy Environmental Services#