ML021090299
| ML021090299 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 06/11/2002 |
| From: | Zwolinski J NRC/NRR/DLPM |
| To: | Kansler M Entergy Nuclear Operations |
| Vissing G | |
| References | |
| TAC MB4129 | |
| Download: ML021090299 (5) | |
Text
June 11, 2002 Mr. Michael R. Kansler Senior Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
SUBJECT:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES (TAC NO. MB4129)
Dear Mr. Kansler:
On February 25, 2002, the U.S. Nuclear Regulatory Commission (NRC) issued an Order modifying the operating license for the James A. FitzPatrick Nuclear Power Plant to require compliance with the specified interim safeguards and security compensatory measures. The interim compensatory measures (ICMs) were listed in Attachment 2 to the Order. When issuing the Order, the Commission recognized that you have voluntarily and responsibly implemented additional security measures following the events of September 11, 2001, but in light of the continuing generalized high-level threat environment, the Commission concluded that the security measures should be embodied in an Order consistent with the established regulatory framework.
The Order required responses and actions within specified timeframes.Section III.A of the Order required licensees to immediately start implementation of the requirements listed in to the Order and to complete implementation no later than August 31, 2002.
Section III.B of the Order required licensees to notify the Commission: (1) if they are unable to comply with the requirements described in Attachment 2, (2) if compliance with any of the requirements is unnecessary in their specific circumstances, (3) if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license, or (4) if implementation of any of the requirements described in would adversely impact the safe operation of the facility.Section III.C.1 of the Order required licensees to submit to the Commission, within 20 days of the date of the Order, a schedule for achieving compliance with each requirement described in Attachment 2 to the Order.Section IV of the Order noted that in accordance with 10 C.F.R. § 2.202, the licensee must submit an answer to the Order and may request a hearing on the Order within 20 days of the date of the Order and, where good cause is shown, consideration would be given to extend the time to request a hearing.
You submitted a response to the Order for the James A. FitzPatrick Nuclear Power Plant in three letters dated March 18, 2002, (JPN-02-005, JPN-02-004 and JPN-02-003) and provided supplementary information in your letters of March 28, May 15 and June 7, 2002, (JPN-02-006, JPN-02-013 and JPN-02-015). Your letters requested an extension of time until June 14, 2002, to respond to ICMs B.2.a(1), B.2.a(2) and B.2.b and requested a comparable extension of time to file a request for hearing for those matters.
M. Kansler The NRC staff has reviewed your responses to each of the ICMs and finds that you have satisfied the twenty (20) day reporting requirements of the Order, with the exception of ICMs B.2.a(1), B.2.a(2) and B.2.b. An extension of time is hereby granted until June 14, 2002, for your submission of the required response to these ICMs. An extension of time is granted until June 14, 2002, for your filing of a request for hearing related to ICMs B.2.a(1), B.2.a(2) and B.2.b. With respect to your statement that all of the actions required by the Order will be completed no later than August 31, 2002, unless relief has been requested, please be aware that the Order requires that all actions in Attachment 2 to the Order be completed no later than August 31, 2002, unless relief has been granted based on a request to the Director, Office of Nuclear Reactor Regulation, for relaxation or rescission of the subject conditions. Such a request must be accompanied by a demonstration of good cause.
Your letter (JPN-02-004) provided a list of commitments made in your submittal. The NRC staff regards the specific responses to the Order made in your letter to each of the ICMs to be the applicable responses to the Order and, accordingly, has not reviewed the list of commitments.
The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section lll.C.2 of the Order, you are to provide a report to the Commission, when you have achieved full compliance with the requirements described in Attachment 2 to the Order.
Please contact Guy Vissing at 301-415-1441 if you have any other questions on these issues.
Sincerely,
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page
M. Kansler The NRC staff has reviewed your responses to each of the ICMs and finds that you have satisfied the twenty (20) day reporting requirements of the Order, with the exception of ICMs B.2.a(1), B.2.a(2) and B.2.b. An extension of time is hereby granted until June 14, 2002, for your submission of the required response to these ICMs. An extension of time is granted until June 14, 2002, for your filing of a request for hearing related to ICMs B.2.a(1), B.2.a(2) and B.2.b. With respect to your statement that all of the actions required by the Order will be completed no later than August 31, 2002, unless relief has been requested, please be aware that the Order requires that all actions in Attachment 2 to the Order be completed no later than August 31, 2002, unless relief has been granted based on a request to the Director, Office of Nuclear Reactor Regulation, for relaxation or rescission of the subject conditions. Such a request must be accompanied by a demonstration of good cause.
Your letter (JPN-02-004) provided a list of commitments made in your submittal. The NRC staff regards the specific responses to the Order made in your letter to each of the ICMs to be the applicable responses to the Order and, accordingly, has not reviewed the list of commitments.
The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section lll.C.2 of the Order, you are to provide a report to the Commission, when you have achieved full compliance with the requirements described in Attachment 2 to the Order.
Please contact Guy Vissing at 301-415-1441 if you have any other questions on these issues.
Sincerely,
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No.50-333 cc: See next page DISTRIBUTION:
PUBLIC GHill (2 copies per docket) RSullivan ACRS SCollins/JJohnson PD2-1 RPalla RAlbert VDricks Rgn1 JBelanger PMilano JShea RMartin RCrlenjak SECY OGC GTracy VOrdaz Accession No.: ML021090299 *See previous concurrence.
OFFICE PDl-1/PM PD2-1/PM* PDl-1/LA EP* DSSA* DIPM*
NAME GVissing RMartin SLittle CGibson MRubin WDean DATE 6/11/02 6/10/02 5/15/02 5/17/02 6/10/02 6/10/02 OFFICE NSIR* OGC* PDl-1/SC PDI/D DLPM/D NAME AMadison JGoldberg RLaufer SRichards JZwolinski DATE 6/10/02 6/10/02 6/11/02 6/11/02 6/11/02 OFFICIAL RECORD COPY
FitzPatrick Nuclear Power Plant cc:
Mr. Jerry Yelverton Ms. Charlene D. Faison Chief Executive Officer Licensing Entergy Operations Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. Theodore H. Sullivan Supervisor Vice President Operations Town of Scriba Entergy Nuclear Operations, Inc. Route 8, Box 382 James A. FitzPatrick Nuclear Power Plant Oswego, NY 13126 P.O. Box 110 Lycoming, NY 13093 Charles Donaldson, Esquire Assistant Attorney General Mr. Dan Pace New York Department of Law Vice President, Engineering 120 Broadway Entergy Nuclear Operations, Inc. New York, NY 10271 440 Hamilton Avenue White Plains, NY 10601 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. John Kelly 475 Allendale Road Director - Licensing King of Prussia, PA 19406 Entergy Nuclear Operations, Inc.
4400 Hamilton Avenue Oswego County Administrator White Plains, NY 10601 Jack Tierney 46 East Bridge Street Mr. George Tasick Oswego, New York 13126 Licensing Manager Entergy Nuclear Operations, Inc. Mr. William M. Flynn, President James A. FitzPatrick Nuclear Power Plant New York State Energy, Research, P.O. Box 110 and Development Authority Lycoming, NY 13093 Corporate Plaza West 286 Washington Avenue Extension Resident Inspectors Office Albany, NY 12203-6399 U. S. Nuclear Regulatory Commission P.O. Box 136 Mr. Arthur Zaremba, Licensing Manager Lycoming, NY 13093 Director, Safety Assurance Entergy Nuclear Operations, Inc.
Mr. Harry P. Salmon, Jr. James A. FitzPatrick Nuclear Power Plant Director of Oversight P.O. Box 110 Entergy Nuclear Operations, Inc. Lycoming, NY 13093 440 Hamilton Avenue White Plains, NY 10601 Mr. Paul Eddy Electric Division New York State Dept. of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223
FitzPatrick Nuclear Power Plant cc:
Michael J. Colomb Mr. Tim Judson General Manager Organizer Entergy Nuclear Operations, Inc. Citizens Awareness Network James A. FitzPatrick Nuclear Power Plant 140 Bassett St.
P.O. Box 110 Syracuse, NY 13210 Lycoming, NY 13093 Deborah Katz Mr. James Knubel Executive Director Vice President, Operations Support Citizens Awareness Network Entergy Nuclear Operations, Inc. P.O. Box 83 440 Hamilton Avenue Shelburne Falls, MA 01370 White Plains, NY 10601 Shawn McConnell Mr. John M. Fulton NYPIRG Project Coordinator Assistant General Counsel 13 Hewitt Union Entergy Nuclear Generation Co. SUNY Oswego Pilgrim Station Oswego, NY 13126 600 Rocky Hill Road Plymouth, MA 02360 Tom Dellwo Oswego NYPIRG Environmental Mr. J. Spath, Program Director Project Leader New York State Energy, Research, and 13 Hewitt Union Development Authority SUNY Owego Corporate Plaza West Oswego, NY 13126 286 Washington Avenue Extension Albany, NY 12203-6399 Mr. Ronald Schwartz SRC Consultant 64 Walnut Drive Spring Lake Heights, NJ 07762 Mr. Ronald J. Toole SRC Consultant Toole Insight 605 West Horner Street Ebensburg, PA 15931 Mr. Charles W. Hehl SRC Consultant Charles Hehl, Inc.
1486 Matthew Lane Pottstown, PA 19465