ML042590080

Implementation Status of Independent Spent Fuel Storage Installation Interim Compensatory Measures

ML042590080
Person / Time
Site:	FitzPatrick
Issue date:	09/10/2004
From:	Robert Fretz NRC/NRR/DLPM
To:	Ted Sullivan Entergy Nuclear Operations
Fretz R, NRR/DLPM, 415-1324
References
TAC MC2921
Download: ML042590080 (5)

Text

September 10, 2004 Mr. T. A. Sullivan Entergy Nuclear Operations, Inc.

P. O. Box 110 Lycoming, NY 13093

SUBJECT:

IMPLEMENTATION STATUS OF INDEPENDENT SPENT FUEL STORAGE INSTALLATION INTERIM COMPENSATORY MEASURES (TAC NO. MC2921)

Dear Mr. Sullivan:

The Nuclear Regulatory Commission (NRC) issued Order (EA-02-104) to all holders of general and specific licenses of Independent Spent Fuel Storage Installations (ISFSIs) on October 16, 2002, requiring implementation of security-related interim compensatory measures (ICMs). Since October 16, 2002, the NRC has issued by Order the same ICMs to six additional facilities. Although the NRC did not require licensees to modify their ISFSI physical protection plans in response to these Orders, the NRC staff reviewed all licensee responses to these Orders and concluded that they were acceptable.

Subsequently, the NRC issued Order (EA-03-086) dated April 29, 2003, to all power reactor licensees that required them to modify their physical security, safeguards contingency, and training and qualification plans mandated by 10 CFR 50.34(c), 50.34(d), and 73.55(b)(4)(ii) to provide protection against the revised Design Basis Threat (DBT). The Order further required that these revised power reactor security plans be submitted to the NRC by April 29, 2004.

Several licensees with ISFSIs included ISFSI-related security provisions in their revised power reactor security plans. However, the NRC does not intend to review ISFSI-related security provisions as part of its review of the revised power reactor security plans submitted in response to the April 29, 2003, Order. The NRC staff at this time, seeks to ensure that ISFSI-related security provisions implemented in response to the ICMs remain unchanged.

To achieve this aim, the NRC is requesting that those licensees who are in receipt of this letter respond in writing, within 10 days from the receipt of this letter, stating whether or not their implementation of ISFSI-related security provisions of the ISFSI ICM Orders have been modified or revised since responding to the ISFSI Orders described above. If no modifications or revisions which decrease the effectiveness of the implementation of ISFSI-related security provisions have been made, a statement to that effect will suffice as an adequate response to this letter. Where modifications or revisions which decrease the effectiveness of the ISFSI-related security provisions are proposed, provide detailed descriptions of those modifications or revisions. NRC review and approval of the proposed modifications or revisions would be required prior to implementation.

T. A. Sullivan If you have any questions concerning this request, please contact me at (301) 415-3048 or by e-mail at RXF@nrc.gov.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

Robert Fretz, Project Manager Security Plan Review Team Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-333 cc: See next page

ML042590080 OFC NSIR NSIR NSIR NSIR SFPO OGC SFPO NSIR NAME PKelley MLayton SMorris JShea MRose-Lee JGoldberg WBrach GTracy (DDorman for)

DATE 8/13/04 8/13/04 8/13/04 8/13/04 8/20/04 8/25/04 9/2/04 9/8/04 OFC SPRT/PM SPRT/SC NAME RFretz JNakoski DATE 9/10/04 9/10/04 James A. Fitzpatrick Nuclear Power Plant cc:

Mr. Gary J. Taylor James A. FitzPatrick Nuclear Power Plant Chief Executive Officer U. S. Nuclear Regulatory Commission Entergy Operations, Inc. P.O. Box 136 1340 Echelon Parkway Lycoming, NY 13093 Jackson, MS 39213 Ms. Charlene D. Faison Mr. John T. Herron Manager, Licensing Sr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Michael J. Colomb Mr. Theodore A. Sullivan Director of Oversight Site Vice President Entergy Nuclear Operations, Inc.

Entergy Nuclear Operations, Inc. 440 Hamilton Avenue James A. FitzPatrick Nuclear Power Plant White Plains, NY 10601 P.O. Box 110 Lycoming, NY 13093 Mr. William Maquire Director, Nuclear Safety Assurance Mr. Kevin J. Mulligan Entergy Nuclear Operations, Inc.

General Manager, Plant Operations James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operations, Inc. P.O. Box 110 James A. FitzPatrick Nuclear Power Plant Lycoming, NY 13093 P.O. Box 110 Lycoming, NY 13093 Mr. Andrew Halliday Manager, Regulatory Compliance Mr. Danny L. Pace Entergy Nuclear Operations, Inc.

Vice President, Engineering James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operations, Inc. P.O. Box 110 440 Hamilton Avenue Lycoming, NY 13093 White Plains, NY 10601 Supervisor Mr. Brian OGrady Town of Scriba Vice President, Operations Support Route 8, Box 382 Entergy Nuclear Operations, Inc. Oswego, NY 13126 440 Hamilton Avenue White Plains, NY 10601 Mr. Charles Donaldson, Esquire Assistant Attorney General Mr. John F. McCann New York Department of Law Director, Nuclear Safety Assurance 120 Broadway Entergy Nuclear Operations, Inc. New York, NY 10271 440 Hamilton Avenue White Plains, NY 10601 Resident Inspector's Office

FitzPatrick Nuclear Power Plant cc:

Regional Administrator, Region I Ms. Stacey Lousteau U.S. Nuclear Regulatory Commission Treasury Department 475 Allendale Road Entergy Services, Inc.

King of Prussia, PA 19406 639 Loyola Avenue Mail Stop L-ENT-15E Oswego County Administrator New Orleans, LA 70113 Mr. Steven Lyman 46 East Bridge Street Mr. Michael Kansler, President Oswego, NY 13126 Entergy Nuclear Operations, Inc.

440 Hamilton Avenue Mr. Peter R. Smith, President White Plains, NY 10611 New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Dept. of Public Service 3 Empire State Plaza Albany, NY 12223-1350 Mr. John M. Fulton Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Ken L. Graesser BWR SRC Consultant 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. Jim Sniezek Nuclear Management Consultant 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Ron Toole BWR SRC Consultant 1282 Valley of Lakes Box R-10 Hazelton, PA 18202