ML021330227

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Reply to Response to Order for Interim Safeguards and Security Compensatory Measures
ML021330227
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 05/13/2002
From: Zwolinski J
NRC/NRR/DLPM
To: Bergendahl H
FirstEnergy Nuclear Operating Co
References
TAC MB4120
Download: ML021330227 (5)


Text

May 13, 2002 Mr. Howard Bergendahl Vice President-Nuclear, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1 - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES (TAC NO. MB4120)

Dear Mr. Bergendahl:

On February 25, 2002, the U.S. Nuclear Regulatory Commission (NRC) issued an Order modifying the operating license for the Davis-Besse Nuclear Power Station (DBNPS) 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.

In letters dated March 18, 2002 (FirstEnergy Nuclear Operating Company, serial numbers 2769 and 2773), you submitted a response to the Order for DBNPS. You requested an extension of time until June 6, 2002, to respond to ICM B.2.a and requested a comparable extension of time to file a request for hearing for those matters.

H. Bergendahl The NRC staff has reviewed your responses to each of the ICMs and finds that you have satisfied the 20-day reporting requirements of the Order with the exception of ICM B.2.a. An extension of time is hereby granted until June 6, 2002, for your submission of the required response for ICM B.2.a. An extension of time is also granted until June 6, 2002, for your filing of a request for a hearing related to ICM B.2.a.

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.

If you have any other questions on these issues, please contact Douglas Pickett at 301-415-1364.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page

H. Bergendahl The NRC staff has reviewed your responses to each of the ICMs and finds that you have satisfied the 20-day reporting requirements of the Order with the exception of ICM B.2.a. An extension of time is hereby granted until June 6, 2002, for your submission of the required response for ICM B.2.a. An extension of time is also granted until June 6, 2002, for your filing of a request for a hearing related to ICM B.2.a.

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.

If you have any other questions on these issues, please contact Douglas Pickett at 301-415-1364.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page DISTRIBUTION:

PUBLIC PD3-2 Reading File S. Collins/J. Johnson B. Sheron W. Borchardt T. Marsh B. Boger R. Crlenjak J. Shea G. Tracy R. Laufer V. Ordaz D. Pickett R. Martin A. Mendiola R. Albert R. Sullivan V. Dricks S. Bajwa J. Dyer, R-III G. Grant, R-III R. Palla J. Belanger J. Grobe, R-III C. Lipa, R-III T. Harris C. Rosenberg OGC ACRS/ACNW SECY ADAMS Accession Number: ML021330227 C:\\ORPCheckout\\FileNET\\ML021330227.wpd

  • See previous concurrence OFFICE DLPM/PM PD3-2/PM PD3-2/LA IRSB/SC NSIR/SC SPSB NAME
  • RMartin DPickett THarris
  • LCohen for KGibson
  • AMadison
  • MRubin DATE 05/07/02 05/13/02 05/13/02 04/25/02 04/25/02 04/29/02 OFFICE DIPM PD3-2/SC PD3/PD OGC DLPM/D NAME
  • WDean AMendiola
  • SBajwa
  • JGoldberg JZwolinski DATE 04/29/02 05/13/02 04/24/02 05/07/02 05/13/02 OFFICIAL RECORD COPY

Davis-Besse Nuclear Power Station, Unit 1 cc:

Mary E. OReilly Dennis Clum FirstEnergy Radiological Assistance Section Supervisor 76 South Main Street Bureau of Radiation Protection Akron, OH 44308 Ohio Department of Health P.O. Box 118 Manager - Regulatory Affairs Columbus, OH 43266-0118 FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Carol OClaire, Chief, Radiological Branch 5501 North State - Route 2 Ohio Emergency Management Agency Oak Harbor, OH 43449-9760 2855 West Dublin Granville Road Columbus, OH 43235-2206 Director Zack A. Clayton Ohio Department of Commerce DERR Division of Industrial Compliance Ohio Environmental Protection Agency Bureau of Operations & Maintenance P.O. Box 1049 6606 Tussing Road Columbus, OH 43266-0149 P.O. Box 4009 Reynoldsburg, OH 43068-9009 State of Ohio Public Utilities Commission Regional Administrator 180 East Broad Street U.S. Nuclear Regulatory Commission Columbus, OH 43266-0573 801 Warrenville Road Lisle, IL 60523-4351 Attorney General Department of Attorney Michael A. Schoppman 30 East Broad Street Framatome ANP Columbus, OH 43216 1911 N. Ft. Myer Drive Rosslyn, VA 22209 President, Board of County Resident Inspector Commissioners of Ottawa County U.S. Nuclear Regulatory Commission Port Clinton, OH 43252 5503 North State Route 2 Oak Harbor, OH 43449-9760 Plant Manager, Randel J. Fast FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760