ML021430219
| ML021430219 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 05/23/2002 |
| From: | Zwolinski J NRC/NRR/DLPM |
| To: | Mccollum W Duke Energy Corp |
| Martin R, NRR/DLPM, 415-1493 | |
| References | |
| TAC MB4153, TAC MB4154, TAC MB4155 | |
| Download: ML021430219 (4) | |
Text
May 23, 2002 Mr. William R. McCollum, Jr.
Vice President, Oconee Site Duke Energy Corporation 7800 Rochester Highway Seneca, SC 29672
SUBJECT:
OCONEE NUCLEAR STATION, UNITS 1, 2 AND 3 - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES (TAC NOS. MB4153, MB4154 AND MB4155)
Dear Mr. McCollum:
On February 25, 2002, the U.S. Nuclear Regulatory Commission (NRC) issued an Order modifying the operating license for the Oconee Nuclear Station, Units 1, 2 and 3 (Oconee) 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 two letters dated March 18, 2002, Duke Energy Corporation (Duke) submitted a response to the Order for Oconee and a request for extension. In your letter dated May 1, 2002, you submitted supplementary information for Oconee. Your letters, as supplemented through May 1, 2002, are being treated as a request for an extension of time to file a request for a hearing for potential implementation issues associated with ICM B.2.a(2).
W. McCollum The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order. An extension of time is hereby granted until June 1, 2002, for your filing of a request for hearing related to ICM B.2.a(2).
You stated that your response to the requirements of the Order.. is intended to be representative of our method of compliance. We do not intend to supplement our response in the event of minor deviations from the method of compliance set forth in our response, provided compliance with the Order is maintained and the change is internally documented. The NRC staff does not accept this proposal, since there can be no assurance that we would agree with your characterization of future deviations as minor. We therefore expect you to inform us of any changes you intend relating to the actions described in your response.
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 Lenny Olshan at (301) 415-1419 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 Nos. 50-269, 50-270, and 50-287 cc: See next page
W. McCollum The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order. An extension of time is hereby granted until June 1, 2002, for your filing of a request for hearing related to ICM B.2.a(2).
You stated that your response to the requirements of the Order.. is intended to be representative of our method of compliance. We do not intend to supplement our response in the event of minor deviations from the method of compliance set forth in our response, provided compliance with the Order is maintained and the change is internally documented. The NRC staff does not accept this proposal, since there can be no assurance that we would agree with your characterization of future deviations as minor. We therefore expect you to inform us of any changes you intend relating to the actions described in your response.
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 Lenny Olshan at (301) 415-1419 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 Nos. 50-269, 50-270 and 50-287 cc: See next page DISTRIBUTION:
PUBLIC OGC SCollins/JJohnson ACRS/ACNW BSheron SECY WBorchardt G. Hill (4)
LMarsh PDII-2 R/F BBoger RMartin VDricks RAlbert JShea RSullivan GTracy VOrdaz RCrlenjak JBelanger LReyes, RII RPalla RHaag, RII JNakoski LOlshan CHawes Accession No. ML021430219
- See previous concurrence.
OFFICE DLPM/PM EP
- DSSA
- DIPM
- OGC NAME RMartin C. Gibson M.Rubin W.Dean A. Madison J.Goldberg DATE 05/22/02 05/07/02 05/13/02 05/13/02 05/09/02 05/21/02 OFFICE PDII-2/PM PDII-2/LA PDII-2/SC PDII/D DLPM/D NAME LOlshan CHawes JNakoski HBerkow JZwolinski DATE 05/21/02 05/22/02 05/21/02 05/21/02 05/22/02 OFFICIAL RECORD COPY
Oconee Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (PBO5E)
Duke Energy Corporation 422 South Church Street Charlotte, North Carolina 28201-1006 Anne W. Cottingham, Esquire Winston and Strawn 1400 L Street, NW Washington, DC 20005 Manager, LIS NUS Corporation 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Senior Resident Inspector U. S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, South Carolina 29672 Mr. Henry Porter, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. Michael A. Schoppman Framatome ANP 1911 North Ft. Myer Drive Suite 705 Rosslyn, VA 22209 Mr. L. E. Nicholson Compliance Manager Duke Energy Corporation Oconee Nuclear Site 7800 Rochester Highway Seneca, South Carolina 29672 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Licensing Duke Energy Corporation 526 South Church Street Charlotte, North Carolina 28201-1006 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210