ML041210128
| ML041210128 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/28/2004 |
| From: | Spina J Constellation Energy Group |
| To: | Document Control Desk, Office of Nuclear Security and Incident Response |
| References | |
| EA-03-086, NMP1L 1827 | |
| Download: ML041210128 (5) | |
Text
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1 SAFEGUARDS INFORMATION James A. Spina P.O. Box 63 Vice President - Nine Mile Point Lycoming, NY 13093 315-349-1392 Constellation Energy Nine Mile Point Nuclear Station April 28, 2004 NMPIL 1827 Docket Nos: 50-220 50-410 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001
SUBJECT:
Supplemental Response to the April 29. 2003 Orders to Nine Mile Point Nuclear Station. LLC The Nuclear Regulatory Commission ('NRC") issued an Order dated April 29, 2003, requiring compliance with Revised Design Basis Threat ("Order EA-03-086" or "Order") and other security related Orders (collectively "Orders") for the Nine Mile Point Nuclear Station, Units I and 2. This Supplemental Response of Nine Mile Point Nuclear Station, LLC ("Nine Mile Point"), to Order EA-03-086 supplements the previous response dated June 2, 2003 that Nine Mile Point filed pursuant to 10 CFR § 50.4 and Section III, Conditions A.1, B.1, and B.2.
Order EA-03-086 imposes license conditions on nuclear power plants licensed pursuant to the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations.Section III.A of the Order requires licensees to revise their physical security plans and safeguards contingency plans to provide protection against the revised design basis threat ("DBT") set forth in to the Order.Section III.A also requires licensees to revise the security force training and qualification plan to implement the revised DBT. These revised plans, along with an implementation schedule, were required to be submitted to the Commission for review and approval no later than April 29, 2004.
In accordance with the Order and 10 CFR § 50.4, Nine Mile Point is submitting this Supplemental Response for the above-mentioned licensed facilities. This submittal includes, as Attachment A, revisions to the Nine Mile Point Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan as required by Order EA-03-086. These plans contain the integrated commitments to comply with Order EA-03-086 and the other security-related Orders issued on February 25, 2002, January 7, 2003, and April 29, 2003. As a result, these NOTE: THE ENCLOSURE TO THIS LETTER CONTAINS "SAFEGUARDS INFORMATION" AND MUST BE PROTECTED ACCORDINGLY. UPON SEPARATION FROM THE ENCLOSURE, THIS LE1TER IS -DECONTROLLED."
SAFEGUARDS INFORMATION
U.S. Nuclear Regulatory Commission wApril 28, 2004 Page 2 plans supersede previous submittals of Nine Mile Point in these areas, including those related to the February 25, 2002, January 7, 2003, and April 29, 2003, Orders. Nine Mile Point will continue to implement the provisions of those previous submittals except to the extent that they are superseded by these plans. All changes that have been or will be made have been evaluated to ensure that they do not compromise plant safety.
Nine Mile Point has developed these plans to be consistent with NEI-03-01 (Revision 1),
Nuclear Power Plant Access Authorization Program (April 2004); NEI-03-09 (Revision 2 (draft)), Security Officer TrainingProgram (April 2004); and NEI-03-12 (Revision 2 (draft)),
Template for the Security Plan, Traininig and Quali/cation Plan, Safeguards Contingenicy Plan,
[and Independent Spent Fuel Storage Installation Security Program] (April 2004). The schedule for completing major transitional activities necessary for implementation of the plans is included in Attachment B, Implementation Schedule.
To facilitate the NRC's review, any provisions that are different from NEI-03-12 are identified and the justification provided in Attachment C, Deviationsfrom NE-I-03-12, to this submittal.
Attachment D, Previous Exemptions to 10 CF? Part 73, is for listing any exemptions to 10 CFR Part 73 previously granted to Nine Mile Point and an explanation of their status. As Nine Mile Point is not including any previously granted exemptions in the revised security plans, Attachment D is not applicable and accordingly, not provided. Attachment E, Justification for Alternatives, includes the justification for any of the alternatives provided in NEI-03-12 or in "NRC Guidance on Implementation of the April 2003 Revised Design Basis Threat" that Nine Mile Point has adopted. Finally, as Nine Mile Point has not chosen to implement Option I of Section 9.4.1.2 of NEI-03-12, Attachment F, Justificatiotifor Vehicle Search Criteria, is not applicable and accordingly, not provided.
Attachments A, B, C, and E, as well as a copy of this cover letter, are formatted in pdf on the enclosed CD ROM.
When the final revision of NEI-03-12 is approved by the NRC, Nine Mile Point will supplement this response, if necessary, to conform with NEI-03-12 as finally approved. However, with the filing of these plans, Nine Mile Point will be implementing its revised protection strategy and completing plant modifications and security personnel training pursuant to these plans to ensure that implementation will be completed by October 29, 2004, as required by the Orders. Upon completion of the implementation of these plans, Nine Mile Point will be in compliance with all applicable security requirements. For the purpose of complying with the requirements of 10 CFR Part 73 to conduct an annual audit, the date of the letter that will be submitted to the NRC pursuant to Order EA-03-086 certifying that implementation of the plans is complete will be the effective date for determining compliance with the annual audit requirement.
Because of the requirement for these plans to be fully implemented by October 29, 2004; the need to integrate the requirement of the revised DBT Order with the Orders issued February 25, 2002, January 7, 2003, and April 29, 2003; and the Commission's determination that it would be appropriate to exercise enforcement discretion to accommodate any transitional issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of the Orders, Nine Mile Point requests that enforcement discretion be exercised
U.S. Nuclear Regulatory Commission
- April 28, 2004 Page 3 during the transition period until full implementation of the plans is accomplished and the physical plant modifications and security force training are complete. At that time, the revised plans will be fully implemented and the exercise of enforcement discretion will no longer be necessary.
STATE OF NEW YORK
- TO WIT:
COUNTY OF OSWEGO I, James A. Spina, being duly sworn, state that I am Vice President Nine Mile Point, and that I am duly authorized to execute and file this response on behalf of Nine Mile Point Nuclear Station, LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Nine Mile Point employees and/or consultants. Such information has been reviewed in accordance with company practice and I believe it to be reliable.
RhmsA. Spina 6/ Vce President Nine Mile Point Subscribed and sworn before me, a Notary Public in and for the State of New York and County ofOswego,this n"-dayof
, 2004.
WITNESS my Hand and Notarial Seal:
SANDRA A. OSWALD No. 010S6032276 Notaty Pubtic. State of New York
___{a}_
Ouallifed In Oswego Qouj7ty Notary Public Commission Expires
- o02Qmc My Commission Expires:
Q l 'I '-i Date
U.S. Nuclear Regulatory Commission
- April 28, 2004 Page 4 cc
- (without enclosure):
Mr. James E. Dyer, Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 05-E-07 Washington, DC 20555 Mr. Roy P. Zimmerman Director, Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission Washington, DC 20555 Senior Resident Inspector - Nine Mile Point U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Mr. Peter S. Tam Senior Project Manager, NRR U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Hubert J. Miller Regional Administrator - Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406
-S U.S. Nuclear Regulatory Commission April 28, 2004 Page 5 Contents of enclosure (CD ROM) with file name, size of file and sensitivity level:
NMP1L 1827:
(cover letter)
Attachment A:
Attachment B:
Attachment C:
Attachment E:
(NMPIL 1827, Cover letter.pdf, 138,317 bytes, publicly available)
Nine Mile Point Nuclear Station Physical Security, Safeguards Contingency, and Security Training and Qualification Plan, Issue 6, Rev. 0 (ATTACHMENT A - NMPNS Security Plan Issue 6, Rev. O.pdf, 266,532 bytes; Safeguards Information)
Implementation Schedule (ATTACHMENT B.pdf, 60,477 bytes; Safeguards Information)
Deviations from NEI-03-12 (ATTACHMENT C.pdf; 50,276 bytes; Safeguards Information)
Justification for Alternatives (ATTACHMENT E.pdf, 172,743 bytes; Safeguards Information)