ML030800314
| ML030800314 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 03/20/2003 |
| From: | Gratton C NRC/NRR/DLPM/LPD2 |
| To: | Tuckman M Duke Energy Corp |
| Gratton C, NRR/DLPM 415-1055 | |
| References | |
| TAC MB7059, TAC MB7060, TAC MB7093, TAC MB7094, TAC MB7102, TAC MB7103, TAC MB7104 | |
| Download: ML030800314 (6) | |
Text
March 20, 2003 Mr. M. S. Tuckman Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church St Charlotte, NC 28202
SUBJECT:
REQUEST FOR ADDITIONAL INFORMATION RE: RESPONSE TO NRC ORDER FOR COMPENSATORY MEASURES RELATED TO ACCESS AUTHORIZATION (TAC NOS. MB7059, MB7060, MB7093, MB7094, MB7102, MB7103 AND MB7104)
Dear Mr. Tuckman:
On January 7, 2003, the Nuclear Regulatory Commission (NRC) issued an Order for compensatory measures related to access authorization for all power reactor licensees. This Order required a 20 day response. On January 22, 2003, the NRC received the response to the Order from Duke Energy Corporation (Duke, or the licensee).
The NRC staff reviewed Dukes response against the requirements specified in the January 7, 2003, Order and requested a conference call with Mr. Dana Boies of your staff to clarify specific language used in the response to compensatory measure B.1.3(c). Based on the discussions between the NRC and Duke, NRC staff requests the following additional information regarding that response.
Regulatory Issue Summary (RIS) 2002-13, Confirmation of Employment Eligibility, provided direction to licensees regarding a specific program offered by, at that time, the Immigration and Naturalization Service (INS). The NRC did not require subscription then, nor does the NRC require subscription now, to that program or any other program offered by the Department of Homeland Security, Bureau of Citizenship and Immigration (BCIS), the former the INS.
However, as stated in RIS 2002-13, verification of identity is just one (required) component of a facilitys [licensee] access authorization program. As the background discussion in RIS provides, while the typical means for meeting this objective are routinely successful, the acceptable measures to meet this requirement have, on occasion, been subverted. The efforts undertaken to subvert the process in the past can be overcome through application of the programs specified in RIS 2002-13. Should a licensee choose to subscribe to the programs available through the BCIS, the licensee could then claim to have gone to the fullest extent possible.
In your response to the Order, you quoted three words from compensatory measure B.1.3(c),
specifically, to the fullest extent possible, regarding your compliance with the Order. Your response also provided, in part, that,...RIS 2002-13 notes the limitations facing licensees on this point as well. From your response, the NRC staff would expect implementation of clearly accessible measures to, in fact, be able to make a determination of identity to the extent
M. S. Tuckman possible. The language in the compensatory measure does not provide an "only" limitation, but instead encourages licensees to take an affirmative approach to ensure the accuracy of a programmatic element required in the existing rule, as supplemented by the Order. The NRC staff has reviewed RIS 2002-13, and finds no limitations facing licensees as referred to in your response.
Absent application of the programs available to Duke and other licensees from the BCIS, how do you intend to meet the requirements of this compensatory measure to the fullest extent possible?
Sincerely,
/RA/
Christopher Gratton, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, 50-287, 50-369, 50-370, 50-413 and 50-414 cc: See next page
ML030800314 NRR-088 OFFICE PDII-1/PM PDII-1/LA PDII-1/SC NAME CGratton CHawes JNakoski DATE 3/19/03 3/19/03 3/19/03 DOCUMENT NAME: G:\\PDII-1\\SURRY\\MB7268 AA Order Duke RAI.wpd
Catawba Nuclear Station cc:
Mr. Gary Gilbert Regulatory Compliance Manager Duke Energy Corporation 4800 Concord Road York, SC 29745 Ms. Lisa F. Vaughn Legal Department (ECIIX)
Duke Energy Corporation 422 South Church Street Charlotte, NC 28201-1006 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW Washington, DC 20005 North Carolina Municipal Power Agency Number 1 1427 Meadowwood Boulevard P.O. Box 29513 Raleigh, NC 27626 County Manager of York County York County Courthouse York, SC 29745 Piedmont Municipal Power Agency 121 Village Drive Greer, SC 29651 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P.O. Box 629 Raleigh, NC 27602 NCEM REP Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 North Carolina Electric Membership Corporation P.O. Box 27306 Raleigh, NC 27611 Senior Resident Inspector U.S. Nuclear Regulatory Commission 4830 Concord Road York, SC 29745 Virgil R. Autry, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201-1708 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Licensing Duke Energy Corporation 526 South Church Street Charlotte, NC 28201-1006 Saluda River Electric P.O. Box 929 Laurens, SC 29360 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, NC 28210 Mr. T. Richard Puryear Owners Group (NCEMC)
Duke Energy Corporation 4800 Concord Road York, SC 29745 Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721
McGuire Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (ECIIX)
Duke Energy Corporation 422 South Church Street Charlotte, NC 28201-1006 County Manager of Mecklenburg County 720 East Fourth Street Charlotte, NC 28202 Michael T. Cash Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, NC 28078 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW.
Washington, DC 20005 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, NC 28078 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 700 N. Tryon Street Charlotte, NC 28202 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, NC 28210 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P.O. Box 629 Raleigh, NC 27602 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Licensing Duke Energy Corporation 526 South Church Street Charlotte, NC 28201-1006 NCEM REP Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health and Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721 Mr. T. Richard Puryear Owners Group (NCEMC)
Duke Energy Corporation 4800 Concord Road York, SC 29745
Oconee Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (ECIIX)
Duke Energy Corporation 422 South Church Street Charlotte, NC 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, FL 34619-1035 Senior Resident Inspector U.S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, SC 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, SC 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, SC 29672 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P. O. Box 629 Raleigh, NC 27602 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Licensing Duke Energy Corporation 526 South Church Street Charlotte, NC 28201-1006 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, NC 28210