ML031420787

Computer Access and Operating Agreement

ML031420787
Person / Time
Site:	Monticello, Palisades, Kewaunee, Point Beach, Prairie Island, Duane Arnold   (DPR-020, DPR-022, DPR-024, DPR-042, DPR-043, DPR-049)
Issue date:	05/21/2003
From:	Berson B Region 3 Administrator
To:	Weinkam E Nuclear Management Co
References
Download: ML031420787 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION Ill 801 WARRENVILLE ROAD May 21, 2003 LISLE, ILLINOIS 60532-4351 Mr. Edward Weinkam Director, Reg'ulatory Services Nuclear Management Company 700 First Street Hudson, WI 54016

SUBJECT:

COMPUTER ACCESS AND OPERATING AGREEMENT DUANE ARNOLD, DOCKET 50-331 ;KEWAUNEE, DOCKET 50-305 MONTICELLO, DOCKET 50-263; PALISADES, DOCKET 50-255; POINT BEACH UNITS 1 & 2, DOCKETS 50-266;50-301 PRAIRIE ISLAND UNITS 1 & 2, DOCKETS 50-282;50-306

Dear Mr. Weinkam:

Enclosed for your records is one original copy of the signed Computer Access and Operating Agreement between Nuclear Management Company, LCC and the Nuclear Regulatory Commission (NRC).

Please contact me at 630/829-9653 if there are any questions.

Sincerely#

Bruce Berson Regional Counsel Docket Nos: 50-331;50-30530-263; 50-255; 50-266 & 50-301 50-282 & 50-306

Enclosure:

As stated cc w/atts:

Public Document Room Bruce Burgess, Branch Chief Tony Vegel, Branch Chief Pat Louden, Branch Chief Eric Duncan, Branch Chief George Wilson, SRI Duane Arnold Steve Burton, Monticello Jay Lennartz, Palisades Paul Krohn, Point Beach John Adams. Prairie Island

Nuclear Management Company, LLC April 29, 2003 Mr. Bruce A. Berson Regional Counsel U.S. NRC Region 111 801 Warrenville Road Lisle, Illinois 60532-4351 Y - -

SUBJECT:

COMPUTER ACCESS AGREEMENT

Dear Mr. Berson,

As discussed on April 28, 2003, attached are two signed copies of a proposed Computer Access Agreement between Nuclear Management Company, LLC (NMC) and the US. Nuclear Regulatory Commission (NRC). NMC's Chief Nuclear Officer, John Paul Cowan, has signed both copies of the proposed Computer Access Agreement. It is respectfully requested that you review the proposed agreement with the NRC Region 111 Regional Administrator and, if acceptable to the NRC, execute the proposed agreement, which will be effective for two years from the date of execution by the NRC. If executed, and as discussed, NRC will maintain one original and NMC will maintain the second signed agreement (address and stamped return envelope attached).

Thank you for your help in executing this agreement. I can be contacted at 71 5-377-3407.

Edward Weinkam Director, Regulatory Services Nuclear Management Company

Attachment:

Proposed Access Agreement (two signed copies) 700 First Street Hudson, Wisconsin 54016 Telephone: 715.377.3300

Computer Access Agreement This AGREEMENT is made between the U. S. NUCLEAR REGULATORY COMMISSION (NRC) and NUCLEAR MANAGEMENT COMPANY, LLC (WMC), operator of I -

Duane Arnold Energy Center Kewaunee Nuclear Power Plant Monticello Nuclear Generating Plant Palisades Nuclear Plant Point Beach Nuclear Plant, Units 1 and 2 Prairie Island Nuclear Generating Plant, Units 1 and 2 (the facilities) for the purpose of NMC voluntarily providing NRC with access, on a read only basis, to certain computer applications.

WHEREAS, NMC desires to enhance NRCs ability to perform its regulatory responsibilities with respect to the facilities named above by providing NRC with access to certain computer hardware, software, and applications maintained by NMC and under NMCs control so that data that is required for NRC inspection activities may be electronically accessed in a timely manner; and WHEREAS, NMC is willing to make available to NRC certain computer hardware, software, and applications as appropriate or otherwise necessary for NRC to confinue to perform its regulatory responsibilities subject to the terms and conditions set forth below; NOW, THEREFORE, in consideration of the covenants and conditions set forth below, the parties mutually agree as follows:

1. At no charge to NRC, NMC will make available and maintain for use by authorized NRC employees and contractors at the facilities named above hardware and software and applications that are necessary for NRC to access NMCs computer-based information that NRC requires to fklfill its regulatoy responsibilities.

2. Computer workstations named in Paragraph 1 shall be placed at each plant at a location that NMC, at its sole discretion, will select. The applications referred to in Paragraph 1 are to be read only accessed by NRC with no data modification capability and no control over the associated applications. However, NRC will have the capability and approval to print data with the understanding that data that has been printed falls under NRC possession and control provisions of Title 10 Code of Federal Regulations Part 9 Subpart A, Freedom of Information Act Regulations (FOIA) and would be subject to public inspection, if requested until disposed of by NRC.

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3. The workstations and applications referred to in Paragraph 1 may be used solely by authorized NRC employees and contractors for the purpose of fulfilling NRCs regulatory responsibilities. Authorized NRC employees and contractors using the workstations and applications shall not at any time (a) access, display, transmit, store, download, or distribute images, messages, information, or cartoons that may be construed as threatening or relating to acts or instruments of violence, or of a vulgar, sexual, or discriminatory nature; (b) use such electronic communications in such a way that may be construed as harassing, discriminatory, or offensive to others based on their race, color, religion, sex, age, disability, national origin, or sexual orientation; (c) use such workstation to dishibute holiday cards, chain letters, jokes, or Sunk email; or (d) use such workstation to solicit others for commercial ventures, political causes, outside organizations, nor for any other reason, at any time, for personal gain. Any violation of this Paragraph will result in immediate termination of this Agreement by NMC.

4. NMC and NRC agree that information obtained by NRC under this Agreement does not constitute communications as part of the formal licensing process pursuant to applicable regulations contained in Title 10 of the Code of Federal Regulations (CFR). NMC and NRC agree that all communications that are part of the formal licensing process will continue to be accomplished in a format consistent with the relevant NRC regulations contained in Title 10 of the CFR, i.e., processed according to NRCs normal docketing procedures.

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5. Transfer of information by NRC to a floppy disk, cd-rom, e-mail, or other electronic medium is not permitted. If NRC requires information in an electronic format, the NMC will reproduce the information and provide it to NRC upon request. Any information provided to NRC in electronic format is unda NRCs possession and control until disposed of by NRC. Print capability may be provided to NRC but it is recognized that any document printed by NRC in hard copy is under the possession and control of NRC until NRC disposes of it. Only those documents that are required for NRC to fulfill its regulatory responsibilities will be reduced to hard copy.

6. This Agreement supercedes prior similar agreements made by the parent utilities on behalf of the facilities and shall be in effect for two (2) years i?om its date of execution by both parties. The parties, by mutual agreement, may extend the term of this Agreement for up to two (2) years, in one (1) year increments or less.

7. The parties may modify this Agreement at any time by mutual consent in writing signed by both parties.

8. This agreement provides for the voluntary, good faith provision of hardware and sohare by NMC to NRC at no cost to NRC. This Agreement shall not create in NRC an obligation to compensate NMC for these activities conducted hereunder, and shall not create in NMC any right to receive compensation for activities

conducted hereunder. In no event shall NMC be liable to NRC for any damages, including but not limited to general, direct, incidental, punitive, special, or consequential damages of any nature, whether in contract, tort, or otherwise, arising out of any failure by NMC to comply with any of the terms and conditions

-0Tthis Agreement.

9. Either party shall have thb right, upon five days written notice to the other party, to terminate this Agreement, in whole or in part, without cost, penalty; or liability to the other party.

IN WITNESS THEREOF, the undersigned have executed this Agreement.

NUCLEAR MANAGEMENT COMPANY, LLC Chief Nuclear Officer Date:

23 a003 U. S. NUCLEAR REGULATORY COMMISSION By:

NRC Regionad Administrator, Region 111 3