ML030650553
| ML030650553 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Surry, North Anna, 07200002  |
| Issue date: | 03/17/2003 |
| From: | Zwolinski J NRC/NRR/DLPM |
| To: | Christian D Dominion Nuclear Connecticut, Virginia Electric & Power Co (VEPCO) |
| Gratton C, NRR/DLPM, 415-1055 | |
| Shared Package | |
| ML030650585 | List: |
| References | |
| -RFPFR, TAC MB7302, Y020030022 | |
| Download: ML030650553 (8) | |
Text
March 17, 2003 Mr. David A. Christian Senior Vice President and Chief Nuclear Officer 5000 Dominion Boulevard Glen Allen, VA 23060-6711
Dear Mr. Christian:
By letter dated January 16, 2003, the Virginia Electric and Power Company (VEPCO, the licensee) requested that the U.S. Nuclear Regulatory Commission (NRC) grant an exemption from the requirements of Title 10 of the Code of Federal Regulations (10 CFR), Section 73.57, Requirements for criminal history checks of individuals granted unescorted access to a nuclear power facility or access to Safeguards Information by power reactor licensees. Your January 16, 2003, letter included exemption requests for Surry Power Station Units 1 and 2, North Anna Power Station Units 1 and 2, and Millstone Power Station Units 1, 2, and 3, along with the independent spent fuel storage installations (ISFSIs) at North Anna and Surry Power Stations. Specifically, the licensee requested an exemption from the requirements of Sections 73.57(d)(1) and 73.57(d)(3) to permit the use of the NRCs Criminal History Program Electronic Information Exchange System (CHP-EIE) to submit fingerprints for the access authorization process and to allow the use of NRC Form 629, Authorization for Payment by Credit Card, for the required payment. You requested that the NRC review and approve the exemption by February 28, 2003.
The NRC staff has been working with the Commission and the industry for some time to develop a method to prevent backlogs in the processing of Federal Bureau of Investigation (FBI) criminal history checks and to implement an electronic fingerprint process at NRC. On February 8, 2002, the NRC staff was directed by the Commission to put in place a method of processing fingerprint requests within a 72-hour time period. The rapid fingerprint review process was necessary to support the planned elimination of temporary unescorted access at commercial nuclear power plants. The NRC staff moved forward on that direction and on March 7, 2002, advised the Commission that to reduce fingerprint processing backlogs, a fully electronic fingerprint submission process was the only practical means available that would satisfy the Commissions stated performance goals. The NRC staff also advised the Commission that it intended to use the currently existing Electronic Information Exchange (EIE) for transmission of fingerprints and results between licensees and the NRC.
On May 2, 2002, the NRC staff provided the Commission a supplemental update indicating, Submitting fingerprints electronically by use of the EIE system is in the developmental stages, but has progressed to the point of implementing a short pilot program with selected sites in the immediate future. Full production of the EIE system with licensees is scheduled for July 2002.
As was indicated in the May 2, 2002, communication, the NRC staff entered into a pilot project with a select group of licensees having different legacy systems. In a letter from Vonna Ordaz, Chief of the Reactor Safeguards Policy Section, to James Davis, Director of Operations, Nuclear Energy Institute, dated August 12, 2002, Ms. Ordaz indicated that user acceptance testing of the NRC CHP-EIE had been successful, and that CHP-EIE was fully operational effective as of July 31, 2002. This letter authorized licensees to use this expedited process of
D. A. Christian submitting fingerprints to the FBI and receiving the results of those submissions. This method afforded licensees a timely method to satisfy the requirements of 10 CFR 73.57, though the use of EIE was not mandated by the NRC. Ms. Ordazs letter also discussed provisions for payment by check or by NRC Form 629, Authorization for Payment by Credit Card. Currently, there are 19 licensees actively using the EIE to satisfy the requirements of 10 CFR 73.57(d)(1) and 73.57(d)(3).
On September 6, 2002, the NRC published a direct final rule (67 FR 57084) amending its regulations to clarify when and how the public might communicate with the agency through electronic media. This direct final rule, among others, amended the sections of 10 CFR 73.57 to recognize CHP-EIE and to expand the options for payment of fingerprint processing fees.
On December 4, 2002, the NRC withdrew its direct final rule (67 FR 72091), due in large part to the significant adverse comments on the rule, none of which was directed toward the proposed changes to 10 CFR 73.57.
The NRC is now in the process of publishing a new direct final rule amending its requirements in 10 CFR 73.57. The direct final rule change will specify when and how information might be communicated with the agency through electronic media for 10 CFR 73.57(d)(1) and (d)(3).
The NRC staff believes that the publication of the direct final rule change will address your concerns regarding the requirements in 10 CFR 73.57. The NRC staff plans to publish the direct final rule in the near future.
Based upon the NRCs endorsement of the CHP-EIE program and the expected publication in the near future of a direct final rule as discussed above, the NRC staff has concluded that an exemption to the requirements of 10 CFR 73.57(d)(1) and 73.57(d)(3) is not necessary. This decision was discussed with your staff in a conference call on February 27, 2003.
If you have any questions regarding this matter, please contact Christopher Gratton, Senior Project Manager for the Surry Power Station, at 301-415-1055.
Sincerely,
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280, 50-281, 50-338, 50-339, 50-245, 50-336, 50-423, 72-02, and 72-16 cc: See next page
D. A. Christian submitting fingerprints to the FBI and receiving the results of those submissions. This method afforded licensees a timely method to satisfy the requirements of 10 CFR 73.57, though the use of EIE was not mandated by the NRC. Ms. Ordazs letter also discussed provisions for payment by check or by NRC Form 629, Authorization for Payment by Credit Card. Currently, there are 19 licensees actively using the EIE to satisfy the requirements of 10 CFR 73.57(d)(1) and 73.57(d)(3).
On September 6, 2002, the NRC published a direct final rule (67 FR 57084) amending its regulations to clarify when and how the public might communicate with the agency through electronic media. This direct final rule, among others, amended the sections of 10 CFR 73.57 to recognize CHP-EIE and to expand the options for payment of fingerprint processing fees.
On December 4, 2002, the NRC withdrew its direct final rule (67 FR 72091), due in large part to the significant adverse comments on the rule, none of which was directed toward the proposed changes to 10 CFR 73.57.
The NRC is now in the process of publishing a new direct final rule amending its requirements in 10 CFR 73.57. The direct final rule change will specify when and how information might be communicated with the agency through electronic media for 10 CFR 73.57(d)(1) and (d)(3).
The NRC staff believes that the publication of the direct final rule change will address your concerns regarding the requirements in 10 CFR 73.57. The NRC staff plans to publish the direct final rule in the near future.
Based upon the NRCs endorsement of the CHP-EIE program and the expected publication in the near future of a direct final rule as discussed above, the NRC staff has concluded that an exemption to the requirements of 10 CFR 73.57(d)(1) and 73.57(d)(3) is not necessary. This decision was discussed with your staff in a conference call on February 27, 2003.
If you have any questions regarding this matter, please contact Christopher Gratton, Senior Project Manager for the Surry Power Station, at 301-415-1055.
Sincerely,
/RA/
John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280, 50-281, 50-338, 50-339, 50-245, 50-336, 50-423, 72-02, and 72-16 cc: See next page Distribution: See next page Incoming: ML030630403 Response: ML030650553
- No legal objection Package: ML030650585
- See Previous Concurrence OFFICE PM:PDII-2 LA:PDII-2 SC:PDII-1*
OGC**
NAME CGratton EDunnington JNakoski JGoldberg DATE 03/14/03 03/14/03 03 /10 /2003 03/11 /2003 OFFICE NRR/NSIR*
ADM/DFS*
NMSS/SFPO/SLID*
D:PDII D:DLPM NAME CNolan CStone CMiller SMoore JZwolinski DATE 03 / 12 /2003 03/11 /2003 03/11/2003 3/14/2003 03/17/03 OFFICIAL RECORD COPY
D. A. Christian Distribution:
PUBLIC PDII-2 Reading File S. Collins/W. Borchardt B. Sheron, NRR/ADPT J. Zwolinski/T. Marsh J. Clifford H. Berkow C. Gratton S. Monarque R. Ennis V. Nerses E. Dunnington NRR Mail Room (YT#02003022)
S. Cahill, RII M. Burrell, NSIR L. Cox M. Case OGC C. Nolan, NSIR C. Stone, ADM J. Nakoski S. Richards C. Miller, NMSS M. Ross-Lee, NMSS
Virginia Electric and Power Company cc:
Ms. Lillian M. Cuoco, Esq.
Senior Nuclear Counsel Dominion Nuclear Connecticut, Inc.
Millstone Power Station Building 475, 5th Floor Rope Ferry Road Rt. 156 Waterford, Connecticut 06385 Mr. Richard H. Blount, II Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315 Senior Resident Inspector Surry Power Station U. S. Nuclear Regulatory Commission 5850 Hog Island Road Surry, Virginia 23883 Chairman Board of Supervisors of Surry County Surry County Courthouse Surry, Virginia 23683 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, Virginia 23209 Robert B. Strobe, M.D., M.P.H.
State Health Commissioner Office of the Commissioner Virginia Department of Health P.O. Box 2448 Richmond, Virginia 23218 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Mr. Stephen P. Sarver, Director Nuclear Licensing & Operations Support Innsbrook Technical Center Virginia Electric and Power Company 5000 Dominion Blvd.
Glen Allen, Virginia 23060-6711 Mr. David A. Heacock Site Vice President North Anna Power Station Virginia Electric and Power Company P. O. Box 402 Mineral, Virginia 23117-0402 Mr. C. Lee Lintecum County Administrator Louisa County P.O. Box 160 Louisa, Virginia 23093 Old Dominion Electric Cooperative 4201 Dominion Blvd.
Glen Allen, Virginia 23060 Senior Resident Inspector North Anna Power Station U.S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711 Mr. William R. Matthews Vice President - Nuclear Operations Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711
Millstone Power Station Units 2 and 3 cc:
Ms. L. M. Cuoco Senior Counsel Dominion Resources Services, Inc.
Rope Ferry Road Hartford, CT 06385 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Mr. W. R. Matthews Senior Vice President - Nuclear Operations Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Charles Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Mr. P. J. Parulis Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. John Markowicz Co-Chair Nuclear Energy Advisory Council 9 Susan Terrace Waterford, CT 06385 Mr. D. A. Smith Manager - Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. G. D. Hicks Director - Nuclear Station Safety and Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terrys Plain Road Simsbury, CT 06070 Mr. D. A. Christian Senior Vice President - Nuclear Operations and Chief Nuclear Officer Innsbrook Technical Center - 2SW 5000 Dominion Boulevard Glen Allen, VA 23060
Millstone Power Station Units 2 and 3 cc: continued Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056 Mr. S. E. Scace Assistant to the Site Vice President Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. M. J. Wilson Manager - Nuclear Training Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. A. J. Jordan, Jr.
Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. S. P. Sarver Director - Nuclear Station Operations and Maintenance Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385
Millstone Power Station Unit 1 cc:
Mr. Allan Johanson, Assistant Director Office of Policy and Management Policy Development & Planning Division 450 Capitol Avenue - MS# 52ERN P.O. Box 341441 Hartford, CT 06134-1441 Attorney Nicholas J. Scobbo, Jr.
Ferriter, Scobbo, Caruso, Rodophele, PC 75 State Street, 7th Floor Boston, MA 02108-1807 Ernest C. Hadley, Esquire 1040 B Main Street P.O. Box 549 West Wareham, MA 02576 Mr. Evan W. Woollacott, Co-Chair Nuclear Energy Advisory Council 128 Terrys Plain Road Simsbury, CT 06070 Citizens Regulatory Commission ATTN: Ms. Susan Perry Luxton 180 Great Neck Road Waterford, CT 06385 Deborah Katz, President Citizens Awareness Network P.O. Box 83 Shelburne Falls, MA 03170 Mr. John Buckingham Department of Public Utility Control Electric Unit 10 Liberty Square New Britain, CT 06051