ML032170209
| ML032170209 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Surry, North Anna  |
| Issue date: | 09/25/2003 |
| From: | Marsh L NRC/NRR/DLPM |
| To: | Christian D Dominion Nuclear Connecticut |
| Fretz R, NRR/DLPM, 415-1324 | |
| References | |
| TAC MB9309, TAC MB9310, TAC MB9314, TAC MB9315, TAC MB9348, TAC MB9349, TAC MB9413, TAC MB9414, TAC MB9418, TAC MB9419, TAC MB9452, TAC MB9453 | |
| Download: ML032170209 (11) | |
Text
SAFEGUARDS INFORMATION September 25, 2003 Mr. David A. Christian Senior Vice President - Nuclear Operations and Chief Nuclear Officer Virginia Electric and Power Company Dominion Resources Services, Inc.
5000 Dominion Boulevard Glen Allen, VA 23060
SUBJECT:
ORDERS MODIFYING LICENSES FOR REVISED DESIGN BASIS THREAT AND FOR TRAINING AND PHYSICAL FITNESS ENHANCEMENTS APPLICABLE TO SECURITY FORCE PERSONNEL (TAC NOS. MB9309, MB9310, MB9314, MB9315, MB9348, MB9349, MB9413, MB9414, MB9418, MB9419, MB9452 AND MB9453)
Dear Mr. Christian:
On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued Orders modifying the operating licenses for Millstone Power Station, Unit Nos. 2 and 3, North Anna Power Station, Unit Nos. 1 and 2, and Surry Power Station, Unit Nos. 1 and 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 May 30, 2003, you submitted a response to the Orders for Millstone Power Station, Unit Nos. 2 and 3, North Anna Power Station, Unit Nos. 1 and 2, and Surry Power Station, Unit Nos. 1 and 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.
SAFEGUARDS INFORMATION NOTICE: Enclosure 1 to this letter contains Safeguards Information. Upon separation from Enclosure 1, this letter and Enclosure 2 are DECONTROLLED.
D. Christian 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 May 30, 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. 50-336, 50-423, 50-338, 50-339, 50-280 and 50-281
Enclosures:
As stated cc w/o encls: See next page
D. Christian 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 May 30, 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. 50-336, 50-423, 50-338, 50-339, 50-280 and 50-281
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 B. Platchek, Region I CHolden DLPM Project Directors Loren R. Plisco, Region II JClifford DLPM Section Chiefs OGC ACRS
- Concurrence via e-mail dated 8/26/03 ADAMS Accession Number: ML032170209
- 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
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.
ADDITIONAL GUIDANCE:
Consistent with guiding principles 1 and 2:
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).
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:
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.
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.
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:
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.
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.
Millstone Power Station, Unit Nos. 2 and 3 cc:
Lillian M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.
Rope Ferry Road Waterford, 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 Charles Brinkman, Director Washington Operations Nuclear Services Westinghouse Electric Company 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 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. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056 Mr. David W. Dodson Licensing Supervisor Dominion Nuclear Connecticut, Inc.
Roper Ferry Road Waterford, CT 06385
Millstone Power Station, Unit Nos. 2 and 3 cc:
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 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711
North Anna Power Station, Units 1 and 2 Virginia Electric & Power Company cc:
Mr. C. Lee Lintecum County Administrator Louisa County P.O. Box 160 Louisa, Virginia 23093 Ms. Lillian M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.
Millstone Power Station Building 475, 5th Floor Rope Ferry Road Rt. 156 Waterford, Connecticut 06385 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, Virginia 23218 Old Dominion Electric Cooperative 4201 Dominion Blvd.
Glen Allen, Virginia 23060 Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Blvd.
Glen Allen, Virginia 23060-6711 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Senior Resident Inspector North Anna Power Station U.S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117 Mr. David A. Heacock Site Vice President North Anna Power Station P. O. Box 402 Mineral, Virginia 23117 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Blvd.
Glen Allen, Virginia 23060-6711 Mr. Richard H. Blount, II Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315 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 Mr. William R. Matthews Vice President - Nuclear Operations Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711
Surry Power Station, Units 1 and 2 Virginia Electric and Power Company cc:
Ms. Lillian M. Cuoco, Esq.
Senior Counsel Dominion Resources Services, 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 23218 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. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Virginia Electric and Power Company Innsbrook Technical Center 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. William R. Matthews Vice President - Nuclear Operations Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711 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