ML032160615
| ML032160615 | |
| Person / Time | |
|---|---|
| Site: | Harris, Brunswick, Crystal River, Robinson  |
| Issue date: | 09/25/2003 |
| From: | Marsh L NRC/NRR/DLPM |
| To: | Hinnant C Progress Energy Co |
| Fretz R, NRR/DLPM, 415-1324 | |
| References | |
| TAC MB9266, TAC MB9267, TAC MB9280, TAC MB9296, TAC MB9335, TAC MB9370, TAC MB9371, TAC MB9384, TAC MB9400, TAC MB9439 | |
| Download: ML032160615 (14) | |
Text
SAFEGUARDS INFORMATION September 25, 2003 Mr. C. S. Hinnant Senior Vice President and Chief Nuclear Officer Progress Energy, Inc.
411 Fayetteville Street Mall Raleigh, NC 27602
SUBJECT:
ORDERS MODIFYING LICENSES FOR REVISED DESIGN BASIS THREAT AND FOR TRAINING AND PHYSICAL FITNESS ENHANCEMENTS APPLICABLE TO SECURITY FORCE PERSONNEL (TAC NOS. MB9266, MB9267, MB9280, MB9296, MB9335, MB9370, MB9371, MB9384, MB9400 AND MB9439)
Dear Mr. Hinnant:
On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued Orders modifying the operating licenses for Brunswick Steam Electric Plant, Unit Nos. 1 and 2, Crystal River Nuclear Generating Plant, Unit 3, Shearon Harris Nuclear Power Plant, Unit 1, and H.B. Robinson Steam Electric Plant, Unit 2, to: (1) require compliance with a revised Design Basis Threat (DBT); (2) implement new security force personnel training and physical fitness requirements; and (3) prescribe compensatory measures related to fitness-for-duty enhancements applicable to security force personnel.
The Orders required that licensees respond to the Commission within thirty-five (35) days. By letters dated June 3, 2003, you submitted a response to the Orders for Brunswick Steam Electric Plant, Unit Nos. 1 and 2, Crystal River Nuclear Generating Plant, Unit 3, Shearon Harris Nuclear Power Plant, Unit 1, and H.B. Robinson Steam Electric Plant, Unit 2,. In your response to the Orders, you requested that the NRC provide clarification of five DBT-related issues described in the safeguards attachment to a letter from Mr. Colvin, President and CEO of the Nuclear Energy Institute, to Chairman Diaz dated May 16, 2003. You specifically requested that the NRC provide further clarification associated with the NRCs use of force-on-force testing upon implementation of the revised safeguards contingency plans, security plans and security officer training and qualification plans. You requested a timely response from the Commission on this matter, since the Commissions clarifications may affect the manner of your compliance with the Orders.
NOTICE: Enclosure 1 to this letter contains Safeguards Information. Upon separation from Enclosure 1, this letter and Enclosure 2 are DECONTROLLED.
SAFEGUARDS INFORMATION
C. Hinnant By letter dated July 18, 2003, Chairman Diaz replied to Mr. Colvins letter, providing the Commissions response and clarification on the five DBT-related issues. In response to your request, a copy of Chairman Diazs July 18, 2003, letter, including the safeguards attachment, is provided as Enclosure 1. Furthermore, I am including a list of guiding principles (Enclosure 2) that the NRC staff intends to follow when it reviews the revised security plans that will be submitted in response to the April 29, 2003, Orders. This information was previously shared with members of the Nuclear Energy Institute, and other industry representatives, during a meeting held on August 28, 2003.
Finally, in your letters dated June 3, 2003, you stated your 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. You further stated that you understood that the Commission would exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of these Orders with the Order issued February 25, 2002, as well as with other pertinent regulatory requirements, and safeguards contingency plans, security plans and security officer training and qualification plans. The NRC staff is currently evaluating the enforcement-related aspects of implementing the Orders to determine the extent to which enforcement discretion is appropriate, and the NRC intends to clarify its policy on this matter in separate correspondence.
The NRC staff is reviewing your response to the Orders, and will reply to you with its determination of whether or not your response met the requirements of the Orders in separate correspondence.
Please contact Robert J. Fretz at 301-415-1324, if you have any other questions on these issues.
Sincerely,
/RA by ELeeds for/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, 50-302, 50-400 and 50-261
Enclosures:
As stated cc w/o encls: See next page
C. Hinnant By letter dated July 18, 2003, Chairman Diaz replied to Mr. Colvins letter, providing the Commissions response and clarification on the five DBT-related issues. In response to your request, a copy of Chairman Diazs July 18, 2003, letter, including the safeguards attachment, is provided as Enclosure 1. Furthermore, I am including a list of guiding principles (Enclosure 2) that the NRC staff intends to follow when it reviews the revised security plans that will be submitted in response to the April 29, 2003, Orders. This information was previously shared with members of the Nuclear Energy Institute, and other industry representatives, during a meeting held on August 28, 2003.
Finally, in your letters dated June 3, 2003, you stated your 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. You further stated that you understood that the Commission would exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of these Orders with the Order issued February 25, 2002, as well as with other pertinent regulatory requirements, and safeguards contingency plans, security plans and security officer training and qualification plans. The NRC staff is currently evaluating the enforcement-related aspects of implementing the Orders to determine the extent to which enforcement discretion is appropriate, and the NRC intends to clarify its policy on this matter in separate correspondence.
The NRC staff is reviewing your response to the Orders, and will reply to you with its determination of whether or not your response met the requirements of the Orders in separate correspondence.
Please contact Robert J. Fretz at 301-415-1324, if you have any other questions on these issues.
Sincerely,
/RA by ELeeds for/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, 50-302, 50-400 and 50-261
Enclosures:
As stated cc w/o encls: See next page DISTRIBUTION:
PUBLIC RFretz DLPM Project Managers PD Reading Files VNerses DLPM Licensing Assistants TMarsh CRaynor Loren R. Plisco, Region II CHolden DLPM Project Directors OGC JClifford DLPM Section Chiefs ACRS
- Concurrence via e-mail dated 8/26/03 ADAMS Accession Number: ML032160615
- See previous concurrence OFFICE PDI-2/LPM PDI-2/LPM* PDI-2/LA PDI-2/SC*
NAME RFretz VNerses CRaynor JClifford DATE 09/25/03 09/16/03 09/25/03 09/16/03 OFFICE OGC** NSIR/DNS* PDI/D* DLPM/D NAME JGoldberg GTracy CHolden ELeeds for TMarsh DATE 08/26/03 09/17/03 09/16/03 09/25/03 OFFICIAL RECORD COPY
LETTER FROM NILS DIAZ, NRC CHAIRMAN, TO MR. JOE COLVIN, PRESIDENT AND CEO, NUCLEAR ENERGY INSTITUTE, DATED JULY 18, 2003 Enclosure 1
U.S. NUCLEAR REGULATORY COMMISSION STAFF GUIDING PRINCIPLES AND CRITERIA FOR CONDUCTING THE REVIEW OF REVISED PHYSICAL SECURITY PLANS, SAFEGUARDS CONTINGENCY PLANS, AND TRAINING AND QUALIFICATION PLANS PURPOSE:
To inform affected licensees of the criteria the U.S. Nuclear Regulatory Commission (NRC or the Commission) staff intends to adhere to in reviewing revisions made to site-specific Physical Security Plans, Safeguards Contingency Plans, and Training and Qualification Plans as a result of the nuclear security and safeguards-related Commission Orders dated February 25, 2002, January 7, 2003, and April 29, 2003.
DISCUSSION:
The information presented herein is intended to provide general information to licensees regarding the NRC staffs review criteria, but is not intended to be all-inclusive. The NRC staff is currently developing detailed criteria against which the revised site-specific plans will be reviewed for acceptance and approval. The NRC staff is also coordinating this effort with the Nuclear Energy Institute and industry working groups. Final review guidance will be developed no later than December 31, 2003.
GUIDING PRINCIPLES:
- 1. Revised plans must comprehensively comply with all requirements of Orders (February 25, 2002; January 7, 2003; and April 29, 2003) except to the extent that a more stringent requirement is set forth in the licensees current plans.
- 2. Revised plans must comprehensively comply with Title 10 of the Code of Federal Regulations (10 CFR), Section 73.55, in particular, the plans must comply with Section 73.55, paragraphs (b) through (h) unless other alternative measures are explicitly approved by the NRC staff.
- 3. Measures other than those in 10 CFR 73.55, paragraphs (b) through (h), may be approved by the staff if, and only if, they meet the objective of "high assurance" and provide a level of protection equivalent to that provided by paragraphs (b) through (h).
- 4. Upon NRC approval of the revised plans and their full implementation, licensees may seek relaxation or rescission, in whole or in part, of the Interim Compensatory Measures (ICMs) provided in the Orders dated February 25, 2002.
- 5. Subsequent to NRC approval of the revised plans, licensees may make changes to their revised plans, without prior NRC approval, in accordance with 10 CFR 50.54(p), i.e., if the changes would not decrease the effectiveness of the plans (plan changes may also be made in accordance with the provisions of 10 CFR 50.90, and 73.5).
- 6. All licensee actions and activities which the staff deems essential, necessary, or important in complying with the Orders or 10 CFR 73.55 must be included in the plans and, therefore, will be enforceable.
Enclosure 2
ADDITIONAL GUIDANCE:
Consistent with guiding principles 1 and 2:
C Pursuant to 10 CFR 73.55 and the DBT Orders, licensees must develop and implement an effective site-specific security system and organization that will protect against the threat capabilities of the revised DBT, satisfy the requirements of all the Orders, and comply with 10 CFR 73.55, paragraphs (b) through (h).
C Each plan should clearly and specifically identify each Commission requirement that is to be complied with, or is intended to be satisfied, by each site-specific measure, procedure, policy, or action addressed in the plan.
Consistent with guiding principles 3 and 6:
C While a licensee may identify a more efficient or effective method for satisfying a specific requirement of the Orders or 10 CFR 73.55, paragraphs (b) through (h), such site-specific measures, procedures, policies, or actions that are intended to be an alternative to a specific requirement of the Orders or 10 CFR 73.55, paragraphs (b) through (h), should be clearly and explicitly identified in each plan.
C The NRC may authorize a licensee to provide alternative measures for protection against radiological sabotage other than those required by the Orders or 10 CFR 73.55, paragraphs (b) through (h), if:
- a. the licensee demonstrates that the proposed alternative measure has the same high-assurance objective specified by 10 CFR 73.55(a),
- b. the overall level of system performance provides protection against radiological sabotage equivalent to that which would be provided by compliance with the specific requirement of the Orders or 10 CFR 73.55, paragraphs (b) through (h),
for which the measure is an alternative, and
- c. the plan contains sufficient detailed information to support an NRC staff conclusion that the proposed alternative measure is consistent with a. and b.
above through satisfying the intent of the specific requirement for which it is an alternative.
C Where a licensee does not clearly and explicitly identify a site-specific measure, procedure, policy, or action as a proposed alternative to a specific Commission requirement, the NRC staff will conduct its review on the basis that the intent of the licensee is to comply with the specific requirement as written in the Orders or 10 CFR 73.55, paragraphs (b) through (h).
Consistent with guiding principle 4 and 5:
C Upon NRC approval of the revised plans, or no later than October 29, 2004, licensees must, in accordance with the DBT Order, implement all site-specific measures, procedures, policies, actions, and alternatives, as written in each plan.
C The NRC staff intends to provide timely information to all licensees regarding the possible use of enforcement discretion at a later date.
SUMMARY
The NRC intends to review and approve all revised site-specific plans between April 29 and October 29, 2004. If, for whatever reason, the NRC has not yet approved a revised site-specific plan by the full-implementation date, each licensee is, nonetheless, required to implement the revised plans in accordance with the DBT Order, no later than October 29, 2004.
Brunswick Steam Electric Plant, Units 1 and 2 Carolina Power & Light Company cc:
Steven R. Carr Ms. Margaret A. Force Associate General Counsel - Legal Assistant Attorney General Department State of North Carolina Progress Energy Service Company, LLC Post Office Box 629 Post Office Box 1551 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602-1551 Mr. Robert P. Gruber Mr. David R. Sandifer, Chairperson Executive Director Brunswick County Board of Commissioners Public Staff - NCUC Post Office Box 249 4326 Mail Service Center Bolivia, North Carolina 28422 Raleigh, North Carolina 27699-4326 Resident Inspector Mr. C. J. Gannon U. S. Nuclear Regulatory Commission Director - Site Operations 8470 River Road Carolina Power & Light Company Southport, North Carolina 28461 Brunswick Steam Electric Plant Post Office Box 10429 Mr. John H. ONeill, Jr. Southport, North Carolina 28461-0429 Shaw, Pittman, Potts & Trowbridge 2300 N Street NW. Mr. Norman R. Holden, Mayor Washington, DC 20037-1128 City of Southport 201 East Moore Street Ms. Beverly Hall, Section Chief Southport, North Carolina 28461 Division of Radiation Protection N.C. Department of Environment Mr. Dan E. Summers and Natural Resources Emergency Management Coordinator 3825 Barrett Dr. New Hanover County Department of Raleigh, North Carolina 27609-7721 Emergency Management Post Office Box 1525 Mr. W. C. Noll Wilmington, North Carolina 28402 Plant Manager Carolina Power & Light Company Mr. James W. Holt, Manager Brunswick Steam Electric Plant Performance Evaluation and Post Office Box 10429 Regulatory Affairs PEB 7 Southport, North Carolina 28461 Progress Energy Post Office Box 1551 Public Service Commission Raleigh, North Carolina 27602-1551 State of South Carolina Post Office Drawer 11649 Mr. Edward T. ONeil Columbia, South Carolina 29211 Manager - Support Services Carolina Power & Light Company Brunswick Steam Electric Plant Post Office Box 10249 Southport, North Carolina 28461
Brunswick Steam Electric Plant, Units 1 and 2 Carolina Power & Light Company cc:
Mr. J. S. Keenan, Vice President Brunswick Steam Electric Plant Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461-0429
Crystal River Nuclear Plant Unit 3 Florida Power Corporation cc:
Mr. R. Alexander Glenn Chairman Associate General Counsel (MAC-BT15A) Board of County Commissioners Florida Power Corporation Citrus County P.O. Box 14042 110 North Apopka Avenue St. Petersburg, Florida 33733-4042 Inverness, Florida 34450-4245 Mr. Jon A. Franke Mr. Donald L. Taylor Plant General Manager Manager Support Services Crystal River Nuclear Plant (NA2C) Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street 15760 W. Power Line Street Crystal River, Florida 34428-6708 Crystal River, Florida 34428-6708 Mr. Jim Mallay Mr. Daniel L. Roderick Framatome ANP Director Site Operations 1911 North Ft. Myer Drive, Suite 705 Crystal River Nuclear Plant (NA2C)
Rosslyn, Virginia 22209 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. William A. Passetti, Chief Department of Health Senior Resident Inspector Bureau of Radiation Control Crystal River Unit 3 2020 Capital Circle, SE, Bin #C21 U.S. Nuclear Regulatory Commission Tallahassee, Florida 32399-1741 6745 N. Tallahassee Road Crystal River, Florida 34428 Attorney General Department of Legal Affairs Mr. Richard L. Warden The Capitol Manager Nuclear Assessment Tallahassee, Florida 32304 Crystal River Nuclear Plant (NA2C) 15760 W. Power Line Street Mr. Craig Fugate, Director Crystal River, Florida 34428-6708 Division of Emergency Preparedness Department of Community Affairs Mr. Dale E. Young, Vice President 2740 Centerview Drive Crystal River Nuclear Plant (NA1B)
Tallahassee, Florida 32399-2100 ATTN: Supervisor, Licensing
& Regulatory Programs Steven R. Carr 15760 W. Power Line Street Associate General Counsel - Legal Dept. Crystal River, Florida 34428-6708 Progress Energy Service Company, LLC Post Office Box 1551 Raleigh, North Carolina 27602-1551
Shearon Harris Nuclear Power Plant Unit 1 Carolina Power & Light Company cc:
Steven R. Carr Mr. John H. ONeill, Jr.
Associate General Counsel - Legal Shaw, Pittman, Potts & Trowbridge Department 2300 N Street, NW.
Progress Energy Service Company, LLC Washington, DC 20037-1128 Post Office Box 1551 Raleigh, North Carolina 27602-1551 Mr. Robert J. Duncan II Director of Site Operations Resident Inspector/ Harris NPS Carolina Power & Light Company c/o U. S. Nuclear Regulatory Commission Shearon Harris Nuclear Power Plant 5421 Shearon Harris Road Post Office Box 165, Mail Zone 1 New Hill, North Carolina 27562-9998 New Hill, North Carolina 27562-0165 Ms. Margaret A. Force Mr. Robert P. Gruber Assistant Attorney General Executive Director State of North Carolina Public Staff NCUC Post Office Box 629 4326 Mail Service Center Raleigh, North Carolina 27602 Raleigh, North Carolina 27699-4326 Public Service Commission Chairman of the North Carolina State of South Carolina Utilities Commission Post Office Drawer 11649 Post Office Box 29510 Columbia, South Carolina 29211 Raleigh, North Carolina 27626-0510 Ms. Beverly Hall, Section Chief Mr. Herb Council, Chair Division of Radiation Protection Board of County Commissioners N.C. Department of Environment of Wake County and Natural Resources P. O. Box 550 3825 Barrett Drive Raleigh, North Carolina 27602 Raleigh, North Carolina 27609-7721 Mr. Tommy Emerson, Chair Mr. James W. Holt Board of County Commissioners Manager of Chatham County Performance Evaluation and P. O. Box 87 Regulatory Affairs PEB 7 Pittsboro, North Carolina 27312 Progress Energy Post Office Box 1551 Mr. Terry C. Morton, Manager Raleigh, North Carolina 27602-1551 Support Services Carolina Power & Light Company Mr. Benjamin C. Waldrep Shearon Harris Nuclear Power Plant Plant General Manager - Harris Plant P. O. Box 165, Mail Zone 1 Carolina Power & Light Company New Hill, North Carolina 27562-0165 Shearon Harris Nuclear Power Plant P. O. Box 165, Mail Zone 3 New Hill, North Carolina 27562-0165
Shearon Harris Nuclear Power Plant Unit 1 Carolina Power & Light Company cc:
Mr. John R. Caves, Supervisor Licensing/Regulatory Programs Carolina Power & Light Company Shearon Harris Nuclear Power Plant P. O. Box 165, Mail Zone 1 New Hill, NC 27562-0165 Mr. James Scarola, Vice President Shearon Harris Nuclear Power Plant Carolina Power & Light Company Post Office Box 165, Mail Code: Zone 1 New Hill, North Carolina 27562-0165
H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company cc:
Steven R. Carr Mr. B. L. Fletcher III Associate General Counsel - Legal Manager - Support Services - Nuclear Department Carolina Power & Light Company Progress Energy Service Company, LLC H. B. Robinson Steam Electric Plant, Post Office Box 1551 Unit No. 2 Raleigh, North Carolina 27602-1551 3581 West Entrance Road Hartsville, South Carolina 29550-0790 Ms. Margaret A. Force Assistant Attorney General Mr. C. T. Baucom State of North Carolina Supervisor, Licensing/Regulatory Programs Post Office Box 629 Carolina Power & Light Company Raleigh, North Carolina 27602 H. B. Robinson Steam Electric Plant, Unit No. 2 U. S. Nuclear Regulatory Commission 3581 West Entrance Road Resident Inspectors Office Hartsville, South Carolina 29550 H. B. Robinson Steam Electric Plant 2112 Old Camden Road Ms. Beverly Hall, Section Chief Hartsville, South Carolina 29550 N.C. Department of Environment and Natural Resources Mr. T. P. Cleary Division of Radiation Protection Plant General Manager 3825 Barrett Dr.
Carolina Power & Light Company Raleigh, North Carolina 27609-7721 H. B. Robinson Steam Electric Plant, Unit No. 2 Mr. Robert P. Gruber 3581 West Entrance Road Executive Director Hartsville, South Carolina 29550 Public Staff - NCUC 4326 Mail Service Center Mr. Chris L. Burton Raleigh, North Carolina 27699-4326 Director of Site Operations Carolina Power & Light Company Mr. Henry H. Porter, Assistant Director H. B. Robinson Steam Electric Plant, South Carolina Department of Health Unit No. 2 Bureau of Land & Waste Management 3581 West Entrance Road 2600 Bull Street Hartsville, South Carolina 29550 Columbia, South Carolina 29201 Public Service Commission Mr. James W. Holt State of South Carolina Manager Post Office Drawer 11649 Performance Evaluation and Columbia, South Carolina 29211 Regulatory Affairs PEB 7 Progress Energy Post Office Box 1551 Raleigh, North Carolina 27602-1551
H. B. Robinson Steam Electric Plant, Unit No. 2 Carolina Power & Light Company cc:
Mr. John H. ONeill, Jr.
Shaw, Pittman, Potts, & Trowbridge 2300 N Street NW.
Washington, DC 20037-1128 Mr. J. W. Moyer, Vice President Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, South Carolina 29550-0790