L-2023-175, Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule

Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule

ML23334A075
Person / Time
Site:	Saint Lucie, 07200061
Issue date:	11/29/2023
From:	Strand D Florida Power & Light Co
To:	Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk
References
L-2023-175
Download: ML23334A075 (1)

Text

November 29, 2023 L-2023-175 10 CFR 73.5

• FPL.

U. S. Nuclear Regulatory Commission Attn : Document Control Desk Washington, DC 20555-0001

Re : Florida Power & Light Company St. Lucie Units 1 and 2, Docket Nos. 50-335, 50-389, 72-61

Supplement to St. Lucie Exemption Request Regarding Enhanced Weapons. Firearms Background Checks, and Security Event Notifications Final Rule

Reference :

(1) Florida Power & Light letter L-2023-158 RE : St. Lucie Nuclear Plant, Units 1 and 2; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A266)

In Reference 1, Florida Power & Light Company (FPL) requested an exempt ion from the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule (hereto referred to as the 'final rule'), as specified in the Federal Register [88 FR 15864], for St. Lucie Nuclear Plant, Units 1 and 2 (St. Lucie). The proposed exemption would relieve compliance with the final rule at St. Lucie until December 31, 2024, or 180 days following publication of the Regulatory Guides (RGs) described in Federal Register 88 FR 15864, whichever is later.

During a November 20, 2023, clarification call with the Nuclear Regulatory Commission (NRC), FPL agreed to supplement the exemption request (Reference 1) with additional, clarifying information. The enclosure to this letter provides the supplemental information. Further, in l ieu of the approval date requested in the subject exemption request, FPL requests approval on or before January 8, 2024, which is the date specified in Federal Register 88 FR 15864 for final rule compliance.

This letter contains no regulatory commitments.

Should you have any questions regarding this submission, please contact Mr. Kenneth Mack, Fleet Licensing Manager, at 561-904-3635.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 29th day of November 2023.

Sincerely,

Dianne Strand General Manager, Regulatory Affairs Flor ida Power & Light Company

Enclosure :

Supplement to St. Lucie Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule

Florida Powe r & Light Company

15340 Endeavor Dr. Jupiter, FL, 33478 L-2023-175 Page 2 of 2

cc: USNRC Regional Administrator, Region II USNRC Project Manager, St. Lucie Nuclear Generating Station USNRC Senior Resident Inspector, St. Lucie Nuclear Generating Station Mr. Clark Eldredge, Florida Department of Health

L-2023-175 Enclosure Page 1 of 2

Supplement to St. Lucie Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notificati ons Final Rule

In Reference 1, Florida Power & Light Company (FPL) requested an exemption from the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule (hereto referred to as the final rule), as specified in Federal Register [88 FR 15864], for St. Lucie Nuclear Plant, Units 1 and 2 (St. Lucie). The proposed exemption would relieve compliance with the final rule at St. Lucie until December 31, 2024, or 180 days following publication of the Regulatory Guides (RGs) described in Federal Register 88 FR 15864, whichever is later.

In a November 20, 2023, clarification call with the NRC, FPL agreed to supplement the subject exemption requests with additional, clarifying information, which is provided below.

Supplemental Information:

FPL is requesting for St. Lucie, an exemption from the specific requirements, as described below, associated with the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule that would defer compliance with those provisions until December 31, 2024, or 180 days following publication of final RGs, whichever is later.

FPL is not requesting for St. Lucie, an extension to the compliance date for specific requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Subpart B, "Enhanced Weapons, Preemption, and Firearms Background Checks," described in:

- 10 CFR 73.15, "Authorization for Use of Enhanced Weapons and Preemption of Firearms Laws,"

and

- 10 CFR 73.17, "Firearms Background Checks for Armed Security Personnel.

FPL is requesting for St. Lucie, an exemption from specific requirements below until the later of December 31, 2024, or 180 days following publication of the final RGs:

- 10 CFR Part 73, Subpart T, Security Notifications, Reports, and Recordkeeping,

- 10 CFR 73.1200(a) through 10 CFR 73.1200(t), Notification of Physical Security Events,

- 10 CFR 73.1205(a)(1) through 10 CFR 73.1205(e), Written Follow-up Reports of Physical Security Events,

- 10 CFR 73.1210(a)(1) through 10 CFR 73.1210(h), Recordkeeping of Physical Security Events,

- 10 CFR 73.1215(a) through 10 CFR 73.1215(f), Suspicious Activity Reports.

FPL is requesting for St. Lucie, an exemption from using the definitions for the terms "Contraband," and "Time of Discovery" as recently revised in 10 CFR 73.2, "Definitions," until the later of December 31, 2024, or 180 days following publication of the final RGs. The exemption would not apply to the definitions of those terms that were in effect prior to the issuance of the 2023 revisions.

The St. Lucie site security plan implements the requirements of 10 CFR 73.71, "Reporting of Safeguards Events" for reporting the suspension of security measures.

During the proposed period of exemption, FPL will continue to comply with security event reporting previously required in 10 CFR 73.71, "Reporting of Safeguards Events," and Appendix G to Part 73, "Reportable Safeguards Events, at St. Lucie.

L-2023-175 Enclosure Page 2 of 2

Supplement to St. Lucie Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notificati ons Final Rule

During the proposed period of exemption, FPL will continue to use the definitions for the terms "Contraband" and "Discovery (time of)" in the St. Lucie site security plan consistent with how these terms are currently defined in Regulatory Guide 5.76, Revision 1, "Physical Protection Programs at Nuclear Power Reactors."

Reference:

(1) F l o r i d a Power & Light letter L-2023-158 RE: St. Lucie Nuclear Plant, Units 3 and 4; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A266)