LIC-05-0047, Response to the April 11, 2005 NRC Letter Regarding Implementation of the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190)

Response to the April 11, 2005 NRC Letter Regarding Implementation of the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190)

ML051220250
Person / Time
Site:	Fort Calhoun
Issue date:	05/02/2005
From:	Tesar M Omaha Public Power District
To:	Annette Vietti-Cook NRC/SECY/RAS
References
EA-04-190, LIC-05-0047
Download: ML051220250 (2)

Text

Omaha Public Power District 444 South 16th Street Mall Omaha NE 68102-2247 May 2,2005 LIC-05-0047 Ms. Annette Vietti-Cook Secretary Office of the Security of the Commission U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudication Staff Washington, DC 20555

References:

1. Docket No. 50-285

2. Letter from NRC (J. E. Dyer) to OPPD (R. T. Ridenoure) dated November 5, 2004, Issuance of Order Imposing Requirements for Protecting Certain Safeguards Information (NRC-04-0134)

3. Letter from OPPD (M. A. Tesar) to NRC (J. E. Dyer) dated November 24, 2004, Request for Extension to Respond to the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190) (LIC-04-0126)

4. Letter from NRC (J. E. Dyer) to OPPD (M. A. Tesar) dated April 11, 2005, Request for Extension to Respond to the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (NRC-05-0048)

SUBJECT:

Response to the April 11,2005 NRC Letter Regarding Implementation of the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190)

Section IV of the November 5 , 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA 190) (Order) (Reference 2) stated that, in accordance with 10 CFR 52.202, the recipient of the Order must submit an answer to the Order, and may request a hearing on the Order, within 20 days of the date of the Order.

Attachment 2 to the Order, Modifzed Handling Requirements for the Protections of Certain Safeguards Information (SGI-M), which is incorporated by reference into the Order, contains detailed requirements which recipients of the Order must meet.

In Reference 3, the Omaha Public Power District (OPPD) requested an extension of time in which to submit an answer to one or more provisions of Attachment 2 to the Order. The implications of the Order to licensees who have a program for controlling Safeguards Information that meets all current regulatory requirements were not clear, and time was requested to receive clarification from the NRC Staff to ensure that the intent of the Order and how it is to be implemented were understood.

Employment with Equal Opportunity 4171

U. S. Nuclear Regulatory Commission LIC-05-00047 Page 2 Specifically, clarification was sought that licensees with an existing Safeguards Information program could use that program to satisfy the Order (ie., a separate SGI-M program is not required). Clarification was also sought on how licensees with an existing Safeguards Information program are to interface with an entity using an SGI-M program.

During the period from Order issuance until clarity was received on the issues raised, OPPD committed to control all material designated SGI-M under its Safeguards Information program.

OPPD also requested that the Commission exercise enforcement discretion during this period.

Reference 4 provided the requested clarifications.

OPPD makes the following regulatory commitment:

OPPD will continue to use its existing 10 CFR Part 73 Safeguards Information program to process and control Safeguards Information. When OPPD anticipates the need to transmit Safeguards Information to an individual or an entity that only has a qualified SGI-M program, suitable modifications will be made to our Safeguards Information program consistent with the April 11,2005 letter (Reference 4). (AR 36283)

As a result, OPPD is in 111 compliance with References 2 and 4.

I declare under penalty of perjury that the foregoing is true and correct. (Executed on May 2, 2005.)

If you have additional questions, or require further information, please contact Thomas R. Byrne at (402) 533-7368.

Sincerely, Mary K. Tesar Division Manager Nuclear Support Services MAT/TRB/trb c: Mr. Jack R. Strosnider, Jr., Director, Office of Nuclear Material Safety and Safeguards Mr. J.E. Dyer, Director - Office of Nuclear Reactor Regulation Janice E. Moore, Esq., Assistant General Counsel for Materials Litigation and Enforcement