ML021260281

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Ltr, Response to Order for Interim Safeguards and Security Compensatory Measures
ML021260281
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 05/16/2002
From: Zwolinski J
NRC/NRR/DLPM
To: Rueger G
Pacific Gas & Electric Co
References
TAC MB4121, TAC MB4122
Download: ML021260281 (5)


Text

May 16, 2002 Mr. Gregory M. Rueger Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant P. O. Box 3 Avila Beach, CA 93424

SUBJECT:

DIABLO CANYON NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES (TAC NOS. MB4121 AND MB4122)

Dear Mr. Rueger:

The U.S. Nuclear Regulatory Commission (NRC) issued an Order on February 25, 2002, that modified the current operating licenses for the Diablo Canyon Nuclear Power Plant (DCPP),

Unit Nos. 1 and 2, to require compliance with the specified interim safeguards and security compensatory measures. The interim compensatory measures (ICMs) were listed in to that 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 called for 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 in Attachment 2 to the Order, (2) if compliance with the requirements is unnecessary, (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, and (4) whether implementation of any of the requirements in Attachment 2 to the Order would adversely impact safe operation of the facility.Section III.C.1 of the Order required licensees to submit to the Commission, within twenty (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 will be given to extending the time to request a hearing.

You submitted responses to the Order for DCPP, Unit Nos. 1 and 2, in two letters dated March 18, 2002 (DCL-02-028 and DCL-02-029), and provided supplementary information in your letter of May 1, 2002 (DCL-02-055). Your letters requested an extension of time until May 31, 2002 to respond to ICMs B.2.a(1), B.2.a(2), and B.2.b. You did not request a comparable extension of time to file a request for a hearing for these matters.

G. Rueger The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order, with the exception of providing a response to ICMs B.2.a(1), B.2.a(2), and B.2.b. An extension of time is hereby granted until May 31, 2002, for your submission of the required response to these ICMs.

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 III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact Mr. Girija Shukla, Project Manager for DCPP at 301-415-8439, if you have any questions on these issues.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page

G. Rueger The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order, with the exception of providing a response to ICMs B.2.a(1), B.2.a(2), and B.2.b. An extension of time is hereby granted until May 31, 2002, for your submission of the required response to these ICMs.

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 III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact Mr. Girija Shukla, Project Manager for DCPP at 301-415-8439, if you have any questions on these issues.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 DISTRIBUTION:

and 50-323 PUBLIC GTracy PDIV-2 Reading RSullivan cc: See next page SCollins/JJohnson JBelanger BSheron VOrdaz VDricks RAlbert OGC RPalla ACRS/ACNW RCrlenjak SECY LBarnett GHill (4)

RidsRegion IV RMartin MailCenter GShukla TMarsh EPeyton WBorchardt JShea Accession No.: ML021260281

  • Previously concurred OFFICE DLPM/PM*

IRSB/SC*

SPSB*

DIPM*

NSIR*

OGC*

NAME RMartin KGibson MRubin WDean AMadison JGoldberg DATE 05/15/02 05/07/02 05/13/02 05/13/02 05/09/02 05/14/02 OFFICE PDIV-2/PM*

PDIV-2/LA*

PDIV-2/SC*

PDIV/D DLPM/D NAME GShukla EPeyton SDembek CHolden JZwolinski DATE 05/07/02 05/07/02 05/06/02 5/16/02 5/16/02 OFFICIAL RECORD COPY

Diablo Canyon Power Plant, Units 1 and 2 cc:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P.O. Box 369 Avila Beach, CA 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 95814 Ms. Nancy Culver San Luis Obispo Mothers for Peace P.O. Box 164 Pismo Beach, CA 93448 Chairman San Luis Obispo County Board of Supervisors Room 370 County Government Center San Luis Obispo, CA 93408 Mr. Truman Burns Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P.O. Box 942732 Sacramento, CA 94327-7320 Diablo Canyon Independent Safety Committee ATTN: Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D Monterey, CA 93940 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Christopher J. Warner, Esq.

Pacific Gas & Electric Company Post Office Box 7442 San Francisco, CA 94120 Mr. David H. Oatley, Vice President, Diablo Canyon Operations Diablo Canyon Nuclear Power Plant P.O. Box 3 Avila Beach, CA 93424 Telegram-Tribune ATTN: Managing Editor 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, CA 93406 Mr. Ed Bailey, Radiation Program Director Radiologic Health Branch State Department of Health Services P.O. Box 942732 (MS 178)

Sacramento, CA 94327-7320 Mr. Robert A. Laurie, Commissioner California Energy Commission 1516 Ninth Street (MS 31)

Sacramento, CA 95814