ML041240209

Supplemental Response to the April 29, 2003, Orders

ML041240209
Person / Time
Site:	Davis Besse
Issue date:	04/29/2004
From:	Bezilla M FirstEnergy Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Security and Incident Response
References
EA-03-086
Download: ML041240209 (3)

Text

F ENOC _N SAFEGUARDS INFORMATION 5501 North State Route 2 FirstEnergy Nuclear Operating Company Oak Harbor, Ohio 43449 Mark B. Bezilla 419-321-7676 Vice President - Nuclear Fax: 419-321-7582 Docket Number 50-346 License Number NPF-3 Serial Number 3051 April 29, 2004 United States Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555-0001

Subject:

Supplemental Response to the April 29, 2003, Orders to the Davis-Besse Nuclear Power Station, Unit 1 Ladies and Gentlemen:

The 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 Davis-Besse Nuclear Power Station (DBNPS), Unit 1. This Supplemental Response of the FirstEnergy Nuclear Operating Company (FENOC) to Order EA-03-086 supplements the previous response dated June 4, 2003 (Serial Letter Number 2961) that FENOC filed for the DBNPS 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 Attachment 2 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, wvere 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, FENOC is submitting this Supplemental Response for the DBNPS. This submittal includes, as Attachment A, revisions to the DBNPS Physical Security Plan, the Contingency Plan, and the 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 plans supersede previous submittals of FENOC for the SAFEGUARDS INFORMATION NOTE: ATTACHMENTS 'A', 'B', AND 'E' TO TIllS LETTER CONTAIN SAFEGUARDS 4 INFORMATION AND MUST BE PROTECTED ACCORDINGLY. UPON SEPARATION OF Aso ATTACHMENTS 'A', 'B', AND 'E', THIS PAGE IS DECONTROLLED.

SAFEGUARDS INFORMATION Docket Number 50-346 License Number NPF-3 Serial Number 3051 Page 2 of 3 DBNPS in these areas, including those related to the February 25, 2002, January 7, 2003, and April 29, 2003, Orders. FENOC will continue to implement the provisions of those previous DBNPS 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.

FENOC has developed these plans to be consistent with NEI-03-01 (Revision 1), Nuclear Powver Planzt Access Authorization Program (April 2004); NEI-03-09 (Revision 2 (draft)), Security Officer TrainingProgram (April 2004); and NEI-03-12 (Revision 2 (draft)), Temiplate for the Security Plan, Training and QualificationPlan, Safeguards ContingencyPlan, [and Independent Spent Fuel Storage Installation Security Program](April 2004). The schedule for completing associated actions, which includes the identification of major transitional activities, is provided in Attachment B to this submittal. Attachment C, Deviationsfrom NEI-03-12, notes that the DBNPS is not deviating from the provisions of NEI-03-12. Attachment D, Previous Exemptions to IO CFR Part 73, notes that the DBNPS does not have any previously granted exemptions to 10 CFR Part 73 that would currently be needed for the DBNPS Plans. Attachment E, JustificationforAlternatives,includes the justification for the alternatives provided in NEI-03-12 that FENOC has adopted. Attachment F, Justificationfor Vehicle Search Criteria, notes that Option I of Section 9.4.1.2 of NEI-03-12 is not being implemented.

When the final revision of NEI-03-12 is approved by the NRC, FENOC wvill supplement this response, if necessary, to conform with NEI-03-12 as finally approved. However, with the filing of these plans, FENOC 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, the DBNPS will be in compliance with 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 commencement of the annual audit period.

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, FENOC requests that enforcement discretion be exercised 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.

SAFEGUARDS INFORMATION NOTE: ATTACHMENTS 'A', 'B', AND 'E' TO THIS LETTER CONTAIN SAFEGUARDS INFORMATION AND MUST BE PROTECTED ACCORDINGLY. UPON SEPARATION OF ATTACHMENTS 'A', 'B', AND 'E', THIS PAGE IS DECONTROLLED.

SAFEGUARDS INFORMATION Docket Number 50-346 License Number NPF-3 Serial Number 3051 Page 3 of 3 The statements contained in this submittal, including its associated attachments, are true and correct to the best of my knowledge and belief. I am authorized by the FirstEnergy Nuclear Operating Company to make this submittal. I declare under penalty of perjury that the foregoing is true and correct.

Executed on April 29, 2004.

Sincerely, Mark B. Bezilla Vice President, Nuclear GMW/s Attachments:

A) Revisions to the DBNPS Physical Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan (contains Safeguards Informnation)

B) Schedule for Completion of Actions (contains Safeguards Information)

C) Deviations from NEI-03-12 D) Previous Exemptions to 10 CFR Part 73 E) Justification for Alternatives (contains Safeguards Information)

F) Justification for Vehicle Search Criteria G) Commitment List cc: Regional Administrator, NRC Region III (w/ Attachments)

DB-1 Senior NRC/NRR Project Manager (w/o Attachments A, B, and E)

DB-l Senior NRC Resident Inspector (w/o Attachments A, B, and E)

Utility Radiological Safety Board (w/o Attachments A, B, and E)

SAFEGUARDS INFORMATION NOTE: ATTACHMENTS 'A', 'B', AND 'E' TO THIS LETTER CONTAIN SAFEGUARDS INFORMATION AND MUST BE PROTECTED ACCORDINGLY. UPON SEPARATION OF ATTACHMENTS 'A', 'B', AND 'E', THIS PAGE IS DECONTROLLED.