L-2004-107, Supplemental Response to the April 29, 2003, Orders

Supplemental Response to the April 29, 2003, Orders

ML041240037
Person / Time
Site:	Saint Lucie, Seabrook, Turkey Point
Issue date:	04/28/2004
From:	Stall J Florida Power & Light Co
To:	Document Control Desk, Office of Nuclear Security and Incident Response
References
EA-03-086, L-2004-107
Download: ML041240037 (2)

Text

e SAFEGUARDS INFORMATION FPL L-2004-1 07 U.S. Nuclear Regulatory Commission APR 2 8 2004 ATTN: Document Control Desk Washington, DC 20555-0001 Re: St. Lucie Units 1 and 2, Docket Nos. 50-335, 50-389 Turkey Point Units 3 and 4, Docket Nos. 50-250, 50-251 Seabrook Station, Docket No. 50-443 Supplemental Response to the April 29. 2003, Orders The NRC issued an Order dated April 29, 2003, Requiring Compliance with Revised Design Basis Threat ("Order EA-03-086" or "Order") and other security related Orders (collectively "Orders") for Florida Power & Light Company (FPL) plants, St. Lucie and Turkey Point, and FPL Energy Seabrook, LLC (FPL Energy Seabrook). This supplemental response for FPL and FPL Energy Seabrook to Order EA-03-086 supplements the previous response L-2003-128 dated June 3, 2003, that FPL and FPL Energy Seabrook filed pursuant to 10 CFR § 50.4 and Section III, Conditions A.1, B.1 and B.2.

Order EA-03-086 imposes license conditions on nuclear power plants licensed pursuant to the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations.Section III.A of the Order requires licensees to revise their physical security plans and safeguards contingency plans to provide protection against the revised design basis threat (DBT) set forth in Attachment 2 to the Order. Section IIL.A also requires licensees to revise the security force training and qualification plan to implement the revised DBT. These revised plans, along with an implementation schedule, were required to be submitted to the Commission for review and approval no later than April 29, 2004.

In accordance with the Order and 10 CFR § 50.4, FPL and FPL Energy Seabrook are submitting this supplemental response for the above-mentioned licensed facilities. This submittal includes, as Attachment A, revision to the Physical Security Plan, the Contingency Plan, and the Training and Qualification Plan as required by Order EA-03-086. These plans contain the integrated commitments to comply with Order EA-03-086 and the other security related Orders issued on February 25, 2002, January 7, 2003, and April 29, 2003. As a result, these plans supersede previous submittals of FPUFPL Energy Seabrook in these areas, including those related to the February 25, 2002, January 7, 2003, and April 29, 2003, Orders. FPL and FPL Energy Seabrook will continue to implement the provisions of those previous submittals except to the extent that they are superseded by these plans. All changes that have been or will be made have been evaluated to ensure that they do not compromise plant safety.

FPUFPL Energy Seabrook has developed these plans to be consistent with NEI-03-01 (Revision 1),

Nuclear Power Plant Access Authorization Program (April 2004); NEI-03-09 (Revision 2 - Draft)

Security Officer Training Program (April 2004); and NEI-03-12 (Revision 1), Template for the Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (February 2004).

The schedule for completing those actions, which includes the identification of major transitional activities, is provided in Attachment B to this submittal. To facilitate the NRC's review, any provisions that are different from NEI-03-12 are identified and the justification provided in Attachment C, Deviations from NEI-03-12, to this submittal. Attachment D, Previous Exemptions to 10 CFR Part 73, is a listing of any exemptions to 10 CFR Part 73 previously granted to FPL and FPL Energy Seabrook and an explanation of their status under the plans hereby submitted. Attachment E, SAFEGUARDS INFORMATION Enclosure contains safeguards information. Upon separation this page is decontrolled.

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SAFEGUARDS INFORMATION St. Lucie Units 1 and 2, Docket Nos. 50-335 and 50-389 Turkey Point Units 3 and 4, Docket Nos. 50-250 and 50-251 FPL Energy Seabrook Unit 1, Docket No. 50-443 L-2004-107, Page 2 Justification for Alternatives, includes the justification for any of the alternatives provided in NEI 12 or in "NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat" that FPUFPL Energy Seabrook has adopted (not applicable to FPUFPL Energy Seabrook). Further, FPUFPL Energy Seabrook has chosen to implement Option 1 of Section 9.4.1.2. of NEI-03-12 and the justification for that choice is provided in Attachment F, Justification for Vehicle Search Criteria, to this submittal.

When the final revision of NEI-03-12 is approved by the NRC, FPL/FPL Energy Seabrook will supplement this response, if necessary, to conform with NEI-03-12 as finally approved. However, with the filing of these plans, FPUFPL Energy Seabrook will be implementing its revised protection strategy and completing plant modifications and security personnel training pursuant to these plans to ensure that implementation will be completed by October 29, 2004, as required by the Orders.

Upon completion of the implementation of these plans, FPLJFPL Energy Seabrook will be in compliance with all applicable security requirements. For the purpose of complying with the requirements of 10 CFR Part 73 to conduct an annual audit, the date of the letter that will be submitted to the NRC pursuant to Order EA-03-086 certifying that implementation of the plans is complete will be the effective date for determining commencement of the annual audit requirement period.

Because of the requirement for these plans to be fully implemented by October 29, 2004; the need to integrate the requirement of the revised DBT Order with the Orders issued February 25, 2002, January 7, 2003, and April 29, 2003; and the Commission's determination that it would be appropriate to exercise enforcement discretion to accommodate any transitional issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of the Orders, FPUFPL Energy Seabrook request that enforcement discretion be exercised during the transition period until full implementation of the plans is accomplished and the physical plant modifications and security force training are complete. At that time, the revised plans will be fully implemented and the exercise of enforcement discretion will no longer be necessary.

The attached material contains safeguards information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, pursuant to 10 CFR 2.390(a)(3) the attachments are exempt from public disclosure.

Should you have questions regarding our submittal, please contact Richard Maier, Nuclear Security Manager at (561) 691-7137.

Very truly yours, J. A. Stall Senior Vice President, Nuclear And Chief Nuclear Officer Enclosure - A single CD-ROM including Attachments A through F SAFEGUARDS INFORMATION Enclosure contains safeguards information. Upon separation this page is decontrolled.