ML022870061

Issuance of Order for Interim Safeguards and Security Compensatory Measures

ML022870061
Person / Time
Site:	Point Beach
Issue date:	10/16/2002
From:	Federline M, Virgilio M Office of Nuclear Material Safety and Safeguards
To:	Sellman M Nuclear Management Co
Kalyanam N, NRR/DLPM, 415-1480
References
+sispmjr200506, -RFPFR, FOIA/PA-2005-0236, RIS-02-012D
Download: ML022870061 (5)

Text

October 16, 2002 SAFEGUARDS INFORMATION Mr. Michael B. Sellman President and CEO Nuclear Management Company, LLC 700 First Street Hudson, WI 54016

SUBJECT:

ISSUANCE OF ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES FOR POINT BEACH NUCLEAR PLANT, UNITS 1 & 2

Dear Mr. Sellman:

The U.S. Nuclear Regulatory Commission (NRC or the Commission) has issued the enclosed Order that modifies the general license for your independent spent fuel storage installation (ISFSI) to require compliance with the specified interim safeguards and security compensatory measures. The Order applies to all Addressees listed in Attachment 1 to the enclosed Order.

The interim compensatory measures are listed in Attachment 2 (contains Safeguards Information) to the enclosed Order. The Commission recognizes that you have voluntarily and responsibly implemented additional security measures following the events of September 11, 2001. However, in light of the current threat environment, the Commission concludes that the security measures should be embodied in an Order, consistent with the established regulatory framework. The Commission has determined that the current threat environment requires that the enclosed Order be effective immediately.

These actions are interim and the basis for the Order is the need to take prudent actions to address security requirements in the current threat environment. This Order does not obviate the need for licensees to continue to meet and maintain the effectiveness of existing security measures taken in response to the events of September 11, 2001. The requirements will remain in effect pending notification from the Commission that a significant change in the threat environment has occurred, or the Commission determines that other changes are needed.

The enclosed Order calls for responses and actions within specified time frames.

NOTICE: Attachment 2 to the Order (Interim Compensatory Measures) and Enclosure 4 to this letter contain "Safeguards Information." Upon separation of Attachment 2 to the Order and Enclosure 4 to this letter, this letter, the enclosed Order, and Attachment 1 to the Order (Address List) are "DECONTROLLED."

SAFEGUARDS INFORMATION

M. Sellman With respect to the notices and submission required by Sections III.B and III.C of the Order, for any requirement of Attachment 2 that requires an analysis or is contingent upon completion of another requirement of Attachment 2, it will be a sufficient response if the licensee states in its twenty-day submission: (1) that completion of the requirement is dependent upon completion of an analysis or other requirement; (2) the expected date of completion of the analysis or other requirement; and (3) that upon such completion, the licensee will promptly submit the results of such analysis or inform the NRC of the completion of the other requirement and the actions thereafter proposed with respect to the requirement at issue, as well as the projected date of completion. No extension of time from the twenty-day requirement is necessary for such responses submitted within twenty days.

As a separate matter, if the licensee wishes to preserve its right to request a hearing on any requirement contingent upon completion of an analysis or other requirement, a request for an extension of time to request a hearing must be filed within twenty days of the date of this Order in accordance with Section IV of the Order. Such a request may seek a reasonable period of time to request a hearing beyond the date that the staff informs the licensee whether the actions proposed and completion date for the requirement(s) contingent upon an analysis or other requirement are satisfactory.

Please contact the following individuals, Francis Young, of the Office of Nuclear Security and Incident Response, at 301-415-3207, or Robert Temps, of my staff, at 301-415-2552, to facilitate resolution of any issues related to compliance with the requirements in the enclosed Order, or if you have any other questions. The enclosed Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA by M. Federline for/

Martin J. Virgilio, Director Office of Nuclear Material Safety and Safeguards Docket No. 72-5

Enclosures:

1. Order

2. Order Attachment 1 - Address List

3. Order Attachment 2 - Interim Compensatory Measures for Dry Independent Spent Fuel Storage Installations (Safeguards Information)

4. Regulatory Issue Summary 2002-12D (Safeguards Information) cc w/encls: See next page

M. Sellman With respect to the notices and submission required by Sections III.B and III.C of the Order, for any requirement of Attachment 2 that requires an analysis or is contingent upon completion of another requirement of Attachment 2, it will be a sufficient response if the licensee states in its twenty-day submission: (1) that completion of the requirement is dependent upon completion of an analysis or other requirement; (2) the expected date of completion of the analysis or other requirement; and (3) that upon such completion, the licensee will promptly submit the results of such analysis or inform the NRC of the completion of the other requirement and the actions thereafter proposed with respect to the requirement at issue, as well as the projected date of completion. No extension of time from the twenty-day requirement is necessary for such responses submitted within twenty days.

As a separate matter, if the licensee wishes to preserve its right to request a hearing on any requirement contingent upon completion of an analysis or other requirement, a request for an extension of time to request a hearing must be filed within twenty days of the date of this Order in accordance with Section IV of the Order. Such a request may seek a reasonable period of time to request a hearing beyond the date that the staff informs the licensee whether the actions proposed and completion date for the requirement(s) contingent upon an analysis or other requirement are satisfactory.

Please contact the following individuals, Francis Young, of the Office of Nuclear Security and Incident Response, at 301-415-3207, or Robert Temps, of my staff, at 301-415-2552, to facilitate resolution of any issues related to compliance with the requirements in the enclosed Order, or if you have any other questions. The enclosed Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA by M. Federline for/

Martin J. Virgilio, Director Office of Nuclear Material Safety and Safeguards Docket No. 72-5

Enclosures:

1. Order

2. Order Attachment 1 - Address List

3. Order Attachment 2 - Interim Compensatory Measures for Dry Independent Spent Fuel Storage Installations (Safeguards Information)

4. Regulatory Issue Summary 2002-12D (Safeguards Information) cc w/encls: See next page DISTRIBUTION: See attached list Accession No. ML022870058 (Package)

Accession No. ML022870061 (Cover Letter)

Accession No. ML022870008 Order; without Attachment 2 to Order which is Safeguards Information Order,

• See previous concurrences Attachment 1 - Address List, & Regulatory Issue Summary 2002-12D (w/o Attachment which is Safeguards Information)

OFFICE SFPO* SFPO* SFPO* NSIR* OE*

NAME MJRoss-Lee JMonninger EZiegler SStein for JLuehman for VOrdaz FCongel DATE 10/09/02 10/09/02 10/09/02 10/09/02 10/09/02 OFFICE OGC*, nlo NSIR* SFPO* NMSS NAME JGoldberg for CHaney for WHodges for MFederline for LChandler GTracy EWBrach MVirgilio DATE 10/10/02 10/11/02 10/15/02 10/15/02 OFFICIAL RECORD COPY

Point Beach Nuclear Plant, Units 1 and 2 cc w/encls 1 and 2:

Mr. John H. ONeill, Jr. Ms. Sarah Jenkins Shaw, Pittman, Potts & Trowbridge Electric Division 2300 N Street, NW Public Service Commission of Wisconsin Washington, DC 20037-1128 P.O. Box 7854 Madison, WI 53707-7854 Mr. Richard R. Grigg President and Chief Operating Officer Mr. Roy A. Anderson Wisconsin Electric Power Company Executive Vice President and 231 West Michigan Street Chief Nuclear Officer Milwaukee, WI 53201 Nuclear Management Company, LLC 700 First Street Site Licensing Manager Hudson, WI 54016 Point Beach Nuclear Plant Nuclear Management Company, LLC Nuclear Asset Manager 6610 Nuclear Road Wisconsin Electric Power Company Two Rivers, WI 54241 231 West Michigan Street Milwaukee, WI 53201 Mr. Ken Duveneck Town Chairman cc w/encls 1, 2, 3, and 4:

Town of Two Creeks 13017 State Highway 42 Mr. Fred J. Cayia Mishicot, WI 54228 Acting Site Vice President Point Beach Nuclear Plant Chairman Nuclear Management Company, LLC Public Service Commission 6610 Nuclear Road of Wisconsin Two Rivers, WI 54241 P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241

DISTRIBUTION:

Dated: October 16, 2002 Hard Copy:

PD R/F NMSS R/F MJRoss-Lee (NMSS)

DSpaulding E-Mail:

MVirgilio/MFederline OGC ACRS SECY FYoung JMonninger RBouling LRaghavan SBajwa GGrant BBonser JDyer