ML033180526
| ML033180526 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Vogtle, Farley  |
| Issue date: | 11/19/2003 |
| From: | Marsh L NRC/NRR/DLPM |
| To: | Woodard J Southern Nuclear Operating Co |
| Fretz R, NRR/DLPM, 415-1324 | |
| References | |
| TAC MB9289, TAC MB9290, TAC MB9297, TAC MB9298, TAC MB9356, TAC MB9357, TAC MB9393, TAC MB9394, TAC MB9401, TAC MB9402, TAC MB9460, TAC MB9461 | |
| Download: ML033180526 (6) | |
Text
November 19, 2003 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company, Inc.
40 Inverness Center Parkway Birmingham, AL 35242
SUBJECT:
ORDERS MODIFYING LICENSES FOR REVISED DESIGN BASIS THREAT AND FOR TRAINING AND PHYSICAL FITNESS ENHANCEMENTS APPLICABLE TO SECURITY FORCE PERSONNEL (TAC NOS. MB9289, MB9290, MB9297, MB9298, MB9356, MB9357, MB9393, MB9394, MB9401, MB9402, MB9460 AND MB9461)
Dear Mr. Woodard:
On April 29, 2003, the U.S. Nuclear Regulatory Commission (NRC or the Commission) issued Orders modifying the operating licenses for Joseph M. Farley Nuclear Plant, Unit Nos. 1 and 2, Edwin I. Hatch, Unit Nos. 1 and 2, and Vogtle Electric Generating 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
J. Woodard 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 2, 2003, you submitted responses to the Orders for the Southern Nuclear Operating Company. 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(s). 50-348, 50-364, 50-321, 50-366, 50-424 and 50-425 cc: See next page
Joseph M. Farley Nuclear Plant cc:
Mr. Don E. Grissette General Manager -
Southern Nuclear Operating Company Post Office Box 470 Ashford, Alabama 36312 Mr. B. D. McKinney, Licensing Manager Southern Nuclear Operating Company Post Office Box 1295 Birmingham, Alabama 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm Post Office Box 306 1710 Sixth Avenue North Birmingham, Alabama 35201 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company Post Office Box 1295 Birmingham, Alabama 35201 State Health Officer Alabama Department of Public Health 434 Monroe Street Montgomery, Alabama 36130-1701 Chairman Houston County Commission Post Office Box 6406 Dothan, Alabama 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, Alabama 36319 William D. Oldfield SAER Supervisor Southern Nuclear Operating Company P. O. Box 470 Ashford, Alabama 36312 Mr. J. B. Beasley, Jr.
Vice President - Farley Project Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295
Edwin I. Hatch Nuclear Plant cc:
Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349 Mr. R. D. Baker Manager - Licensing Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Resident Inspector Plant Hatch 11030 Hatch Parkway N.
Baxley, Georgia 31531 Mr. Charles H. Badger Office of Planning and Budget Room 610 270 Washington Street, SW.
Atlanta, Georgia 30334 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE., Suite 1252 Atlanta, Georgia 30334 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, Georgia 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., S. W.
Atlanta, Ga. 30334 Arthur H. Domby, Esq.
Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE, Suite 5200 Atlanta, GA 30308-2216 Chairman Appling County Commissioners County Courthouse Baxley, Georgia 31513 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr. G. R. Frederick General Manager, Edwin I. Hatch Nuclear Plant Southern Nuclear Operating Company, Inc.
U.S. Highway 1 North P. O. Box 2010 Baxley, Georgia 31515 Mr. K. Rosanski Resident Manager Oglethorpe Power Corporation Edwin I. Hatch Nuclear Plant P. O. Box 2010 Baxley, Georgia 31515 Mr. H. L. Sumner, Jr.
Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295
Vogtle Electric Generating Plant cc:
Mr. N.J. Stringfellow Manager, Licensing Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr.G. R. Frederick General Manager, Vogtle Electric Generating Plant Southern Nuclear Operating Company, Inc.
P. O. Box 1600 Waynesboro, Georgia 30830 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW.
Atlanta, Georgia 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., S. W.
Atlanta, Ga. 30334 Mr. J. T. Gasser Vice President Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE. Suite 1252 Atlanta, Georgia 30334 Attorney General Law Department 132 Judicial Building Atlanta, Georgia 30334 Mr. J. D. Sharpe Resident Manager Oglethorpe Power Corporation Alvin W. Vogtle Nuclear Plant P. O. Box 1600 Waynesboro, Georgia 30830 Charles A. Patrizia, Esquire Paul, Hastings, Janofsky & Walker 10th Floor 1299 Pennsylvania Avenue Washington, DC 20004-9500 Arthur H. Domby, Esquire Troutman Sanders NationsBank Plaza 600 Peachtree Street, NE.
Suite 5200 Atlanta, Georgia 30308-2216 Resident Inspector Vogtle Plant 8805 River Road Waynesboro, Georgia 30830 Office of the County Commissioner Burke County Commission Waynesboro, Georgia 30830 Mr. J. T. Gasser Vice President Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295
J. Woodard 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 2, 2003, you submitted responses to the Orders for the Southern Nuclear Operating Company. 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(s).
50-348, 50-364, 50-321, 50-366, 50-424 and 50-425 cc: See next page DISTRIBUTION:
PUBLIC TMarsh DLPM Project Directors LPlisco, Region II 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: ML033180526
- 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 11/18/03 11/18/03 10/30/03 11/03/03 11/07/03 11/19/03 OFFICIAL RECORD COPY