ML032970113
| ML032970113 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 11/19/2003 |
| From: | Marsh L NRC/NRR/DLPM |
| To: | Meyers L FirstEnergy Nuclear Operating Co |
| Fretz R, NRR/DLPM, 415-1324 | |
| References | |
| TAC MB9283, TAC MB9387 | |
| Download: ML032970113 (5) | |
Text
November 19, 2003 Mr. Lew W. Meyers Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station, Unit 1 5501 North State Route 2 Oak Harbor, OH 43449
SUBJECT:
ORDERS MODIFYING LICENSE FOR REVISED DESIGN BASIS THREAT AND FOR TRAINING AND PHYSICAL FITNESS ENHANCEMENTS APPLICABLE TO SECURITY FORCE PERSONNEL (TAC NOS. MB9283 AND MB9387)
Dear Mr. Meyers:
On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued Orders modifying the operating license for Davis-Besse Nuclear Power Station 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.
When it issued the Orders, the Commission recognized that you voluntarily and responsibly implemented additional security measures following the events of September 11, 2001.
However, as part of the Commissions review of the security and safeguards program, the Commission determined that enhancements to the DBT, as currently specified in Title 10 of the Code of Federal Regulations (10 CFR), Section 73.1(a), were required. The NRC further determined that security force personnel tactical and firearms proficiency, physical fitness, and fitness-for-duty requirements needed to be enhanced. The Commission also concluded that, based on the current threat environment, these Orders were to be effective immediately.
The Orders require responses and actions within specified time frames. This letter addresses your response to the Orders pertaining to the revised DBT and the new security force personnel training and physical fitness requirements. The Commission replied to your response to the fitness-for-duty Order in separate correspondence, dated July 10, 2003.
Section III.A.1 of the Order implementing new security force personnel training and physical fitness requirements states that licensees must comply with the new requirements described in the Order, except to the extent that more stringent requirements are set forth in the licensees security plan and security training and qualifications plan.Section III.A.1 of the DBT Order requires licensees to submit revised physical security plans, safeguards contingency plans, and guard training and qualification plans, including an implementation schedule, based on the revised DBT, to the Commission for review and approval no later than April 29, 2004. The Order requires licensees to implement the revised physical security plans, revised safeguards contingency plans, and revised security force personnel training and qualification plans no later than October 29, 2004.Section IV of both Orders noted that, in accordance with
10 CFR 2.202, licensees must submit an answer to the Orders and may request a hearing on the Orders, within thirty-five (35) days of the date of the Orders and, where good cause is shown, consideration would be given to extend the time to request a hearing.
The Orders also required licensees to notify the Commission within thirty-five (35) days if:
(1) the licensee was unable to comply with the requirements specified in the attachments to the Orders; (2) compliance with the requirements is unnecessary; (3) implementation of any of the requirements would result in a violation of the provisions of any Commission regulation of the facility license; or (4) implementation of any of the requirements described in the attachments to the Orders would adversely impact safe operation of the facility.Section III.C.1 of the security force personnel training and physical fitness Order required licensees to submit to the Commission, within thirty-five (35) days of the date of the Order, a schedule for achieving compliance with each requirement described in Attachment 2 to the Order.
By letters dated June 4, 2003, you submitted responses to the Orders for the Davis-Besse Nuclear Power Station. In your responses, you indicated that you consented to the DBT and security force personnel training Orders and did not request a hearing. The NRC staff has reviewed your responses, and finds that you have satisfied the thirty-five (35) day reporting requirements for both Orders.
In your response to the DBT Order, you also 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. By letter dated September 25, 2003, the NRC provided you a copy of Chairman Diazs response to Mr. Colvin, dated July 18, 2003, which clarified the five DBT-related issues.
Please contact Robert Fretz at 301-415-1324, if you have any other questions on these issues.
Sincerely,
/RA/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page
10 CFR 2.202, licensees must submit an answer to the Orders and may request a hearing on the Orders, within thirty-five (35) days of the date of the Orders and, where good cause is shown, consideration would be given to extend the time to request a hearing.
The Orders also required licensees to notify the Commission within thirty-five (35) days if:
(1) the licensee was unable to comply with the requirements specified in the attachments to the Orders; (2) compliance with the requirements is unnecessary; (3) implementation of any of the requirements would result in a violation of the provisions of any Commission regulation of the facility license; or (4) implementation of any of the requirements described in the attachments to the Orders would adversely impact safe operation of the facility.Section III.C.1 of the security force personnel training and physical fitness Order required licensees to submit to the Commission, within thirty-five (35) days of the date of the Order, a schedule for achieving compliance with each requirement described in Attachment 2 to the Order.
By letters dated June 4, 2003, you submitted responses to the Orders for the Davis-Besse Nuclear Power Station. In your responses, you indicated that you consented to the DBT and security force personnel training Orders and did not request a hearing. The NRC staff has reviewed your responses, and finds that you have satisfied the thirty-five (35) day reporting requirements for both Orders.
In your response to the DBT Order, you also 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. By letter dated September 25, 2003, the NRC provided you a copy of Chairman Diazs response to Mr. Colvin, dated July 18, 2003, which clarified the five DBT-related issues.
Please contact Robert Fretz at 301-415-1324, if you have any other questions on these issues.
Sincerely,
/RA/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page DISTRIBUTION:
PUBLIC TMarsh DLPM Project Directors GGrant, Region III OGC CHolden DLPM Section Chiefs PD Reading Files ACRS JClifford DLPM Project Managers GTracy, NSIR RFretz VNerses DLPM Licensing Assistants JPeralta, NSIR ADAMS Accession Number: ML032970113
- See previous concurrence OFFICE PDI-2/LPM PDI-2/LA PDI-2/SC*
NSIR/DNS*
PDI/D*
DLPM/D NAME RFretz CRaynor JClifford GTracy CHolden LMarsh DATE 11/13/03 11/13/03 10/30/03 11/03/03 11/07/03 11/14/03 OFFICIAL RECORD COPY
Davis-Besse Nuclear Power Station, Unit 1 cc:
Mary E. OReilly FirstEnergy Corporation 76 South Main St.
Akron, OH 44308 Manager - Regulatory Affairs FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760 Director, Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Regional Administrator U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60523-4351 Michael A. Schoppman Framatome ANP 1911 N. Ft. Myer Drive Rosslyn, VA 22209 Resident Inspector U.S. Nuclear Regulatory Commission 5503 North State Route 2 Oak Harbor, OH 43449-9760 Randel J. Fast, Plant Manager FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State - Route 2 Oak Harbor, OH 43449-9760 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-2206 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149 State of Ohio Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Attorney General Department of Attorney General 30 East Broad Street Columbus, OH 43216 President, Board of County Commissioners of Ottawa County Port Clinton, OH 43252 President, Board of County Commissioners of Lucas County One Government Center, Suite 800 Toledo, OH 43604-6506 David Lochbaum, Nuclear Safety Engineer Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006 The Honorable Dennis J. Kucinich United States House of Representatives Washington, D.C. 20515 The Honorable Dennis J. Kucinich, Member United States House of Representatives 14400 Detroit Avenue Lakewood, OH 44107 Mr. James P. Riccio Nuclear Policy Analyst Greenpeace 702 H. Street, NW, Suite 300 Washington, DC 20001
Davis-Besse Nuclear Power Station, Unit 1 cc:
Paul Gunter Director Nuclear Watchdog Project Nuclear Information & Resource Service 1424 16th Street NW Suite 401 Washingon, DC 20009 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555