ML032970139

Orders Modifying Licenses for Revised Design Basis Threat and for Training and Physical Fitness Enhancements Applicable to Security Force Personnel (TAC Nos. MB9284, MB9285, MB9388 and MB9389)

ML032970139
Person / Time
Site:	Diablo Canyon
Issue date:	11/19/2003
From:	Marsh L NRC/NRR/DLPM
To:	Oatley D Pacific Gas & Electric Co
Fretz R, NRR/DLPM, 415-1324
References
TAC MB9284, TAC MB9285, TAC MB9388, TAC MB9389
Download: ML032970139 (3)

Text

November 19, 2003 Mr. David H. Oatley Vice President and General Manager Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant 9 Miles Northwest of Avila Beach Avila Beach, CA 93424

SUBJECT:

ORDERS MODIFYING LICENSES FOR REVISED DESIGN BASIS THREAT AND FOR TRAINING AND PHYSICAL FITNESS ENHANCEMENTS APPLICABLE TO SECURITY FORCE PERSONNEL (TAC NOS. MB9284, MB9285, MB9388 AND MB9389)

Dear Mr. Oatley:

On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued Orders modifying the operating licenses for Diablo Canyon Nuclear Power Plant, 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.

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

D. Oatley 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 2, 2003, you submitted responses to the Orders for the Diablo Canyon Nuclear Power Plant. 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 Nos. 50-275 and 50-323 cc: See next page

D. Oatley 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 2, 2003, you submitted responses to the Orders for the Diablo Canyon Nuclear Power Plant. 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 Nos. 50-275 and 50-323 cc: See next page DISTRIBUTION:

PUBLIC TMarsh DLPM Project Directors AHowell, Region IV 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: ML032970139

• 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

Diablo Canyon Power Plant, Units 1 and 2 cc:

NRC Resident Inspector Mr. David H. Oatley, Vice President Diablo Canyon Power Plant and General Manager c/o U.S. Nuclear Regulatory Commission Diablo Canyon Power Plant P.O. Box 369 P.O. Box 56 Avila Beach, CA 93424 Avila Beach, CA 93424 Mr. Pete Wagner City Editor Sierra Club California The Tribune 2650 Maple Avenue 3825 South Higuera Street Morro Bay, California 93442 P.O. Box 112 San Luis Obispo, CA 93406-0112 Ms. Nancy Culver San Luis Obispo Mr. Ed Bailey, Radiation Program Director Mothers for Peace Radiologic Health Branch P.O. Box 164 State Department of Health Services Pismo Beach, CA 93448 P.O. Box 942732 (MS 178)

Sacramento, CA 94234-7320 Chairman San Luis Obispo County Board of Mr. James D. Boyd, Commissioner Supervisors California Energy Commission Room 370 1516 Ninth Street (MS 31)

County Government Center Sacramento, CA 95814 San Luis Obispo, CA 93408 Mr. James R. Becker, Vice President Mr. Truman Burns Diablo Canyon Operations Mr. Robert Kinosian and Station Director California Public Utilities Commission Diablo Canyon Power Plant 505 Van Ness, Room 4102 P.O. Box 3 San Francisco, CA 94102 Avila Beach, CA 93424 Diablo Canyon Independent Safety Mr. Gregory M. Rueger Committee Senior Vice President, Generation and ATTN: Robert R. Wellington, Esq. Chief Nuclear Officer Legal Counsel Pacific Gas and Electric Company 857 Cass Street, Suite D Diablo Canyon Power Plant Monterey, CA 93940 P.O. Box 3 Avila Beach, CA 93424 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Richard F. Locke, Esq.

Pacific Gas & Electric Company P.O. Box 7442 San Francisco, CA 94120