ML043120006
| ML043120006 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 10/28/2004 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Crane C AmerGen Energy Co, Exelon Generation Co |
| Nakoski J A, NRR/DLPM, 415-1068 | |
| References | |
| EA-03-086, TAC MC2934, TAC MC2935 | |
| Download: ML043120006 (14) | |
Text
SAFEGUARDS INFORMATION October 28, 2004 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
LIMERICK GENERATING STATION, UNITS 1 AND 2 - 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. MC2934 AND MC2935)
Dear Mr. Crane:
By letter dated April 29, 2004, Exelon Generation Company and AmerGen Energy Company 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 the Limerick Generating Station, Units 1 and 2 (Limerick).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) 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 Limerick PSP, SCP, T&Q Plan submitted in your letter dated April 28, 2004, as supplemented on July 6, July 9, July 23, August 4, August 12, September 9, October 14, and October 21, 2004, has focused on ensuring 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
C. Crane 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 the required high assurance that Limerick will be protected against the revised DBT.
The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for Limerick. However, 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 requirement and meet the high assurance objective 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 NRC Regulations SE Section PSP Section Alternative to 10 CFR Description 3.6.2 6.2 73.55(c)(2) Protected Area (PA)/Vital Area (VA) barrier separation 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 access control requirements 73.55(d)(4) 3.9.6 9.6 73.55(d)(7)(i)(D) VA access control 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. NPF-39 and NPF-85 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.
C. Crane 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, Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353
Enclosures:
- 2. SE Regarding the Security Plans (Safeguards Information) cc w/encl 1 only: See mailing list 1 cc w/encls 1 and 2: Peter Supplee, Site Security Manager
C. Crane 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, Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353
Enclosures:
- 2. SE Regarding the Security Plans (Safeguards Information) cc w/encl 1 only: See mailing list 1 cc w/encls 1 and 2: Peter Supplee, Site Security Manager DISTRIBUTION (w/o Enclosure 2):
PUBLIC SPRT R/F OGC ACRS MOBrien TTate DCollins (A) CHolden DLPM DPR GHill (4) TBoyce GMatakas, RI Accession No.: ML043120006 *See previous concurrence OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC* NSIR/ SC NRR/SC NAME DHuyck RFretz CRaynor JPeralta RBaum SMorris JNakoski 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
Limerick Generating Station, Unit Nos. 1 and 2 cc:
Site Vice President Associate General Counsel Limerick Generating Station Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road P.O. Box 2300 Warrenville, IL 60555 Sanatoga, PA 19464 Correspondence Control Desk Plant Manager Exelon Generation Company, LLC Limerick Generating Station P.O. Box 160 Exelon Generation Company, LLC Kennett Square, PA 19348 P.O. Box 2300 Sanatoga, PA 19464 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Regulatory Assurance Manager - Limerick 475 Allendale Road Exelon Generation Company, LLC King of Prussia, PA 19406 P.O. Box 2300 Sanatoga, PA 19464 Senior Resident Inspector U.S. Nuclear Regulatory Commission Senior Vice President - Nuclear Services Limerick Generating Station Exelon Generation Company, LLC P.O. Box 596 4300 Winfield Road Pottstown, PA 19464 Warrenville, IL 60555 Library Vice President - Operations, Mid-Atlantic U.S. Nuclear Regulatory Commission Exelon Generation Company, LLC Region I 200 Exelon Way, KSA 3-N 475 Allendale Road Kennett Square, PA 19348 King of Prussia, PA 19406 Vice President Chief-Division of Nuclear Safety Licensing and Regulatory Affairs PA Dept. of Environmental Resources Exelon Generation Company, LLC P.O. Box 8469 4300 Winfield Road Harrisburg, PA 17105-8469 Warrenville, IL 60555 Chairman Director Board of Supervisors of Limerick Township Licensing and Regulatory Affairs 646 West Ridge Pike Exelon Generation Company, LLC Linfield, PA 19468 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Dr. Judith Johnsrud National Energy Committee Manager Licensing Sierra Club Limerick Generating Station 433 Orlando Avenue Exelon Generation Company, LLC State College, PA 16803 200 Exelon Way, KSA 3-E Kennett Square, PA 19348
EXELON GENERATION COMPANY, LLC LIMERICK GENERATING STATION, UNIT 1 DOCKET NO. 50-352 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-39
- 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. NPF-39 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 (the Act) of 1954, as amended 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, 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. NPF-39 DOCKET NO. 50-352 Replace the following page of Facility Operating License NPF-39 with the attached revised page as indicated. The revised page is identified by revision date and contains marginal lines indicating the area of change.
Remove Page Insert Page 8 8
These exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
Therefore these exemptions are herel pursuant to 10 CFR 50.12 and 50.47(c).
With the granting of exemptions the facility will operate, to the extent authorize herein, in conformity with the application, as amended, the provision of the Act, and the rules and regulations of the Commission.
E. Exelon Generation Company 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Limerick Generating Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.
F. Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee shall report any violations of the requirements contained in Section 2.C of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).
G. The licensee shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended to cover public liability claims.
1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 9, 131 Revised by letter dated October 28, 2004
EXELON GENERATION COMPANY, LLC LIMERICK GENERATING STATION, UNIT 2 DOCKET NO. 50-353 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-85
- 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. NPF-85 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. NPF-85 DOCKET NO. 50-353 Replace the following page of Facility Operating License NPF-85 with the attached revised page as indicated. The revised page is identified by revision date and contains marginal lines indicating the area of change.
Remove Page Insert Page 4 4
(4) Physical Security and Safeguards Exelon Generation Company 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Limerick Generating Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.
(5) Exelon Generation Company shall provide to the Director of the Office of Nuclear Reactor Regulation a copy of any application, at the time it is filed, to transfer (excluding grants of security interests or liens) from other Exelon Generation Company to its direct or indirect parent, or to any affiliated company, facilities for the production, transmission or distribution of electric energy having a depreciated book value exceeding ten percent (10%) of Exelon Generation Company's consolidated net utility plant, as recorded on Exelon Generation Company's book of accounts.
(6) Limerick Generation Company shall have decommissioning trust funds for Limerick, Unit 2, in the following minimum amount, when Limerick, Unit 2, is transferred to Exelon Generating Company:
Limerick, Unit 2 $59,687,081 (7) The decommissioning trust agreement for Limerick, Unit 2, at the time the transfer of the unit to Exelon Generation Company is effected and thereafter, is subject to the following:
(a) The decommissioning trust agreement must be in a form acceptable to the NRC.
(b) With respect to the decommissioning trust fund, investments in the securities or other obligations of Exelon Corporation or affiliates thereof, or their successors or assigns are prohibited.
Except for investments tied to market indexes or other non-nuclear sector mutual funds, investments in any entity owning one or more nuclear power plants are prohibited.
1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 68, 81, 108 Revised by letter dated October 28, 2004