ML043120005
| ML043120005 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/28/2004 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Dacimo F Entergy Nuclear Operations |
| Nakoski J A, NRR/DLPM, 415-1068 | |
| References | |
| TAC MC2929, TAC MC2930 | |
| Download: ML043120005 (17) | |
Text
SAFEGUARDS INFORMATION October 28, 2004 Mr. Fred Dacimo Site Vice President Indian Point Nuclear Generating Station, Units 2 and 3 Entergy Nuclear Operations, Inc.
450 Broadway, GSB P. O. Box 249 Buchanan, NY 10511-0249
SUBJECT:
INDIAN POINT NUCLEAR GENERATING STATION, UNITS 2 AND 3 -
ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSES IN CONJUNCTION WITH THE COMMISSION ORDER EA-03-086 REGARDING REVISED DESIGN BASIS THREAT (DBT); AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NOS. MC2929 AND MC2930)
Dear Mr. Dacimo:
By letter dated April 28, 2004, the Entergy Nuclear Operations, Inc., submitted a supplemental response in accordance with Order EA-03-086, the Order requiring compliance with the revised design basis threat, dated April 29, 2003 (DBT Order), for Indian Point Nuclear Generating Station, Units 2 and 3 (Indian Point).Section III.A of the DBT Order required licensees to revise physical security plans (PSPs), training and qualification plans (T&Q Plans), and safeguards contingency plans (SCPs) in order to provide protection against the revised DBT set forth in Attachment 2 to the DBT Order. These revised plans, along with an implementation schedule, were required to be submitted to the Nuclear Regulatory Commission (NRC or the Commission) for review and approval no later than April 29, 2004.
The NRC staffs review of the Indian Point PSP, SCP, and T&Q Plan submitted in your letter dated April 28, 2004, as supplemented on July 8, July 14, July 26, August 4, August 8, August 12, August 19, August 27, September 10, October 4, and October 14, 2004, has focused on ensuring that the necessary programmatic elements are contained in these plans in order to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.
NOTICE: Enclosure 2 contains Safeguards Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.
SAFEGUARDS INFORMATION
F. Dacimo The NRC staff has determined that, subject to subsequent inspection and evaluation, these plans contain the necessary programmatic elements that, when effectively implemented, will provide high assurance that Indian Point will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for Indian Point. Ultimately the effectiveness of these plans will be judged on your ability to meet regulatory requirements through facility implementing procedures and site practices. As such, your facility implementing procedures and practices will continue to be subject to future NRC review and inspection, including NRC-conducted force-on-force exercises.
In addition, the NRC staff noted that your PSP included alternatives to certain requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 73.55. In each case, the NRC staff found that the alternative measures provide an equivalent level of protection to that of the associated requirements and meet the high assurance objectives of 10 CFR 73.55(a). The NRC staff, therefore, approves the alternatives shown in the table below. The NRC staffs evaluation is discussed further in the enclosed Safety Evaluation (SE).
Approved Alternatives to the Requirements of 10 CFR Part 73 SE Section PSP Section Alternative to 10 CFR Description 3.6.2 6.2 73.55(c)(2) PA barrier requirements 3.6.2 6.2 73.55(c)(3) Isolation zones 3.9.4.3 9.4.3 73.55(d)(4) PA vehicle search requirements 3.9.4.4 9.4.4 73.55(d)(1) PA personnel search requirements 3.9.5.2 9.5 73.55(d)(1) PA personnel access control 73.55(d)(4) requirements 3.10.1 10.1 73.55(c)(5) PA illumination requirements 3.13.1 14.1 73.55(c)(1) Temporary reclassification of VAs to PA 73.55(d)(7)(i)(B) status (devitalization)
Finally, consistent with the DBT Order, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements.
Therefore, administrative license changes to FOL Nos. DPR-26 and DPR-64 are being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan required by the DBT Order.
These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations set forth in 10 CFR Chapter I.
Please replace the enclosed pages to your FOLs as indicated in Enclosure 1.
F. Dacimo A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.
Sincerely,
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Fred Marcussen, Site Security Manager
F. Dacimo A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.
Sincerely,
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-247 and 50-286
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Fred Marcussen, Site Security Manager DISTRIBUTION (w/o Enclosure 2):
PUBLIC SPRT R/F OGC ACRS SLittle PMilano RLaufer CHolden DLPM DPR TBoyce GHill(4) GMatakas, RI Accession No.: ML043120005 *See previous concurrence OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC* NSIR/SC NRR/SC NAME DHuyck RFretz CRaynor JPeralta JHeck NLO SMorris JNakoski w/ comments DATE 10/22/04 10/22/04 10/22/04 10/22/04 10/22/04 10/28/04 10/28/04 OFFICIAL RECORD COPY
ENTERGY NUCLEAR OPERATIONS, INC.
INDIAN POINT NUCLEAR GENERATING STATION, UNIT 2 DOCKET NO. 50-247 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-26
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. Consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, (DBT Order) issued on April 29, 2003, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. DPR-26 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this administrative license change can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this administrative license change will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this administrative license change is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
Enclosure 1
- 2. Accordingly, the FOL is changed, as indicated in the attachment.
- 3. This administrative license change is effective as of its date of issuance and shall be implemented on or before October 29, 2004.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation
Attachment:
Changes to the FOL Date of Issuance: October 28, 2004
CHANGES TO FACILITY OPERATING LICENSE NO. DPR-26 DOCKET NO. 50-247 Replace the following pages of Facility Operating License DPR-26 with the attached revised pages as indicated. The revised pages are identified by revision date and contain marginal lines indicating the areas of change.
Remove Page Insert Page 4 4 5 5
- 2. The following is a schedule for implementing surveillance requIirements (SRs):
For SRs that are new in this amendment, the first performance is due at the end of the first surveillance interval that begins on the date of implementation of this amendment.
For SRs that existed prior to this amendment whose intervals of performance are being reduced, the first reduced surveillance interval begins upon completion of the first surveillance performed after the date of implementation of this amendment.
For SRs that existed prior to this amendment that have modified acceptance criteria, the first performance is due at the end of the first surveillance interval that began on the date the surveillance was last performed prior to the date of implementation of this amendment.
For SRs that existed prior to this amendment whose intervals of performance are being extended, the first extended surveillance interval begins upon completion of the last surveillance performed prior to the date of implementation of this amendment.
D. (1) Deleted per Amdt. 82, 12-11-82.
(2) Deleted per Amendment 238.
E. Deleted per Amdt. 71, dated 8-5-81, effective 5-14-81.
F. This amended license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter of September 24, 1973, to Consolidated Edison Company of New York, Inc., granting a Section 401 certification under the Federal Water Pollution Control Act amendments of 1972.
G. Pursuant to Section 50.60 of 1 0 CFR Part 50, paragraph 4 of Provisional Construction Permit No. CPPR-21 allocating quantities of special nuclear material, together with the related estimated schedules contained in Appendix A attached to said provisional construction permit, shall remain in effect.
H. ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1 for the 1
The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 238 Revised by letter dated October 28, 2004
Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004.
I. Deleted per Amdt. 133, 7-6-88.
J. Deleted per Amdt. 133, 7-6-88.
K. ENO shall implement and maintain in effect all provisions of the NRC-approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in Safety Evaluations Reports dated November 30, 1977, February 3, 1978, January 31, 1979, October 31, 1980, August 22, 1983, March 30, 1984, October 16, 1984, September 16, 1985, November 13, 1985, March 4, 1987, January 12, 1989, and March 26, 1996. ENO may make changes to the NRC-approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
L. Deleted per Amendment 238 M. Deleted per Amendment 238
- 3. On the closing date of the transfer of the license, Con Edison shall transfer to ENIP2 all of the accumulated decommissioning trust funds for IP2 and such additional funds to be deposited in the decommissioning trust for IP2 such that the total amount transferred for Indian Point Nuclear Generating Unit No. 1 (IP1) and IP2 is no less than $430,000,000. Furthermore, ENIP2 shall either (a) establish a provisional trust for decommissioning funding assurance for IP1 and IP2 in an amount no less than $25,000,000 (to be updated as required under applicable NRC regulations, unless otherwise approved by the NRC) or (b) obtain a surety bond for an amount no less than
$25,000,000 (to be updated as required under applicable NRC regulations, unless otherwise approved by the NRC). The total decommissioning funding assurance provided for IP2 by the combination of the decommissioning trust and the provisional trust and the provisional trust or surety bond at the time of transfer of the licenses shall be at a level no less than the amounts calculated pursuant to, and required under, 10 CFR 50.75. The decommissioning trust, provisional trust, and surety bond shall be subject to or be consistent with the following requirements, as applicable:
Amendment No. 238 Revised by letter dated October 28, 2004
ENTERGY NUCLEAR OPERATIONS, INC.
INDIAN POINT NUCLEAR GENERATING STATION, UNIT 3 DOCKET NO. 50-286 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-64
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. Consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, (DBT Order) issued on April 29, 2003, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. DPR-64 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this administrative license change can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this administrative license change will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this administrative license change is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
- 2. Accordingly, the FOL is changed, as indicated in the attachment.
- 3. This administrative license change is effective as of its date of issuance and shall be implemented on or before October 29, 2004.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation
Attachment:
Changes to the FOL Date of Issuance: October 28, 2004
CHANGES TO FACILITY OPERATING LICENSE NO. DPR-64 DOCKET NO. 50-286 Replace the following pages of Facility Operating License DPR-64 with the attached revised pages as indicated. The revised pages are identified by revision date and contains marginal lines indicating the areas of change.
Remove Page Insert Page 3 3 4 4
C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations, and order of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level ENO is authorized to operate the facility an steady state reactor core Power levels not in excess of 3025 megawatts thermal (100% of rated power).
(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 220 are hereby incorporated in the License. ENO shall operate the facility in accordance with the Technical Specifications.
(3) (DELETED)
(4) (DELETED)
D. (DELETED)
F. This amended license is also subject to appropriate conditions by the New York State Department of Environmental Conservation in its letter of May 2, 1975, to Consolidated Edison Company of New York, Inc., granting a Section 401 certification under the Federal Water Pollution Control Act Amendments of 1972.
G. ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1 for the 1
The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 203, 205 Revised by letter dated October 28, 2004
Indian Point Energy Center, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Physical Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0," and was submitted by letter dated October 14, 2004.
H. ENO shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for Indian Point Nuclear Generating Unit No. 3 and as approved in NRC fire protection safety evaluations (SEs) dated September 21, 1973, March 6, 1979, May 2, 1980, November 18, 1982, December 30, 1982, February 2, 1984, April 16, 1984, January 7, 1987, September 9, 1988, October 21, 1991, April 20, 1994, January 5, 1995, and supplements thereto, subject to the following provision:
ENO may make changes to the approved Fire Protection Program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
I. (DELETED)
J. (DELETED)
K. (DELETED)
L. (DELETED)
M. (DELETED)
N. (DELETED)
O. Evaluation, status and schedule for completion of balance of plant modifications as outlined in letter dated February 12, 1983, shall be forwarded to the NRC by January 1, 1984.
P. Entergy Nuclear IP3 and ENO shall take no action to cause Entergy Global Investments, Inc. or Entergy International Ltd. LLC, or their parent Amendment No. 203, 205 Revised by letter dated October 28, 2004
Indian Point Nuclear Generating Station, Units 1, 2, and 3 cc w/o encl.:
Mr. Gary J. Taylor Resident Inspector's Office Chief Executive Officer James A. FitzPatrick Nuclear Power Plant Entergy Operations, Inc. U. S. Nuclear Regulatory Commission 1340 Echelon Parkway P.O. Box 136 Jackson, MS 39213 Lycoming, NY 13093 Mr. John T. Herron Ms. Charlene D. Faison Sr. VP and Chief Operating Officer Manager, Licensing Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
440 Hamilton Avenue 440 Hamilton Avenue White Plains, NY 10601 White Plains, NY 10601 Mr. Theodore A. Sullivan Mr. Michael J. Colomb Site Vice President Director of Oversight Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P. O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. William Maquire Mr. Kevin J. Mulligan Director, Nuclear Safety Assurance General Manager, Plant Operations Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant James A. FitzPatrick Nuclear Power Plant P.O. Box 110 P. O. Box 110 Lycoming, NY 13093 Lycoming, NY 13093 Mr. Andrew Halliday Mr. Danny L. Pace Manager, Regulatory Compliance Vice President, Engineering Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations, Inc. James A. FitzPatrick Nuclear Power Plant 440 Hamilton Avenue P. O. Box 110 White Plains, NY 10601 Lycoming, NY 13093 Mr. Brian OGrady Supervisor Vice President, Operations Support Town of Scriba Entergy Nuclear Operations, Inc. Route 8, Box 382 440 Hamilton Avenue Oswego, NY 13126 White Plains, NY 10601 Mr. Charles Donaldson, Esquire Mr. John F. McCann Assistant Attorney General Director, Nuclear Safety Assurance New York Department of Law Entergy Nuclear Operations, Inc. 120 Broadway 440 Hamilton Avenue New York, NY 10271 White Plains, NY 10601
Indian Point Nuclear Generating Station, Units 1, 2, and 3 cc w/o encl.:
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