ML031610892
| ML031610892 | |
| Person / Time | |
|---|---|
| Site: | Monticello, Palisades, Kewaunee, Point Beach, Prairie Island, Duane Arnold  |
| Issue date: | 06/03/2003 |
| From: | Forbes J Nuclear Management Co |
| To: | NRC/SECY/RAS |
| References | |
| EA-03-086 | |
| Download: ML031610892 (3) | |
Text
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Nuclear Management Company, LLC June 3, 2003 10 CFR 2.202 10 CFR 50.4 Secretary Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 DUANE ARNOLD ENERGY CENTER PALISADES NUCLEAR PLANT DOCKET 50-331 DOCKET 50-255 LICENSE DPR-49 LICENSE DPR-20 KEWAUNEE NUCLEAR POWER PLANT POINT BEACH NUCLEAR PLANT DOCKET 50-305 UNITS 1 AND 2 LICENSE DPR-43 DOCKETS 50-266 AND 50-301 LICENSES DPR-24 and DPR-27 MONTICELLO NUCLEAR GENERATING PLANT PRAIRIE ISLAND NUCLEAR DOCKET 50-263 GENERATING PLANT UNITS 1 AND 2 LICENSE DPR-22 DOCKETS 50-282 AND 50-306 LICENSES DPR-40 AND DPR-60 EA-03-086 ANSWER, RESPONSE AND REQUEST FOR CLARIFICATION IN RESPONSE TO APRIL 29, 2003, ORDER REQUIRING COMPLIANCE WITH REVISED DESIGN BASIS THREAT FOR OPERATING POWER REACTORS Section IV of the April 29, 2003, Order Requiring Compliance with Revised Design Basis Threat for Operating Power Reactors (EA-03-086) (Order) states that, in accordance with 10 CFR 2.202, a licensee must submit an answer to the Order and may request a hearing on the Order within 35 days of the date of the Order.
This letter constitutes the answer (pursuant to 10 CFR 2.202 and Section IV) and response (pursuant to 10 CFR 50.4 and Sections III.A.1, B.1 and B.2) of Nuclear Management Company, LLC (NMC) to the Order.
Section II of the Order states that [i]n order to provide assurance that licensees are implementing prudent measures to protect against the revised DBT, all licenses identified in Attachment 1 to this Order shall be modified to require that the physical security plans, safeguards contingency plans, and the guard training and qualification plans required by 10 CFR 50.34(c), 50.34(d), and 73.55(b)(4)(ii) be revised to provide protection against this revised DBT.
NMC consents to the Order and does not request a hearing. NMC notes the request for clarification of five DBT issues provided in the safeguards attachment to the letter from Mr. Colvin, President and CEO of the Nuclear Energy Institute, to Chairman Diaz dated
Order EA-03-086 Page 2 May 16, 2003. We encourage the Commission to respond to this request as soon as possible, as the Commissions clarifications may affect the manner of NMCs compliance with the Order.
Because the NRC has used force-on-force testing as a standard by which compliance with the DBT was evaluated, NMC also requests that the NRC provide a clear definition of the objectives and criteria for force-on-force exercises so appropriate revisions can be made to NMCs safeguards contingency plans, security plans and security officer training and qualification plans.
Specifically, NMC requests a clear explanation of the purpose of the force-on-force exercise (e.g.,
is the purpose of force-on-force exercises for security officer training, or to evaluate licensee compliance with the Design Basis Threat?). Similarly, the success criteria for the force-on-force exercise need to be established (e.g., is the criterion prevention of a large offsite release which would be consistent with the basis for risk-informing NRC regulations, or some other criteria?).
Finally, if a force-on-force exercise is going to be used as a performance test of the licensees ability to protect against the Design Basis Threat, a clear definition of adversary rules of engagement and adversary tactics is needed to provide appropriate predictability and stability in the regulatory program. Absent these clarifications, the standard by which licensee performance will be measured will continue to be a constantly moving target which is counter to the Commissions Principles of Good Regulation.
To enable NMC to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation, extend the dates for submitting the revision to the security plan, safeguards contingency plan, training and qualification plan, and full implementation of the Order on a day-for-day basis until such clarifications are provided.
NMC also confirms its understanding that the Commission intends to exercise enforcement discretion to accommodate issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of this Order. We further understand that the Commission will exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of this Order with the Orders issued February 25, 2002, as well as with other pertinent regulatory requirements, and our safeguards contingency plans, security plans and security officer training and qualification plans.
Jeffrey S. Forbes Senior Vice President Nuclear Management Company, LLC Cc:
Director, Office of Nuclear Reactor Regulation, USNRC Assistant General Counsel for Materials Litigation and Enforcement, USNRC Regional Administrator, USNRC Region III Project Managers, Office of Nuclear Reactor Regulation (Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant) 700 First Street
- Hudson, Wisconsin 54016 Telephone: 715.377.3300 www.nmcco.com
Order EA-03-086 Page 3 NRC Resident Inspectors (Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant) 700 First Street
- Hudson, Wisconsin 54016 Telephone: 715.377.3300 www.nmcco.com