ML043120013

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Administrative Change to Facility Operating License in Conjunction with the Commission Order EA-003-086 Regarding Revised Design Basis Threat.
ML043120013
Person / Time
Site: Watts Bar Tennessee Valley Authority icon.png
Issue date: 10/28/2004
From: John Nakoski
NRC/NRR/DLPM/LPD2
To: Singer K
Tennessee Valley Authority
Nakoski J A, NRR/DLPM, 415-1068
References
EA-03-086, TAC MC2988
Download: ML043120013 (13)


Text

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION October 28, 2004 Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority Watts Bar Nuclear Plant, Unit 1 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNIT 1 - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSE 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, SAFEGUARDS CONTINGENCY PLAN (TAC NO. MC2988)

Dear Mr. Singer:

By letter dated April 29, 2004, Tennessee Valley Authority 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 Watts Bar Nuclear Plant, Unit 1.

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 Watts Bar Nuclear Plant, Unit 1 PSP, SCP, and T&Q Plan submitted in your letter dated April 28, 2004, as supplemented on July 7, July 14, July 28, August 12, September 9, October 6, October 12, and October 22, 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, this letter and Enclosure 1 are DECONTROLLED.

K. W. Singer 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 Watts Bar Nuclear Plant, Unit 1 will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for Watts Bar Nuclear Plant, Unit 1. 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 the Requirements of 10 CFR Part 73 SE Section PSP Section Alternative to 10 CFR Description 3.6.2 6.2 73.55(c)(3)

Isolation Zones 3.6.3 6.3 73.55(c)(2)

Protected Area (PA)/Vital Area (VA) barrier separation requirements 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)(4)

PA access control requirements 3.10.1 10.1 73.55(c)(5)

PA illumination requirements 3.13.1 14.1 73.55(c)(1) 73.55(d)(7)(i)(B)

Temporary reclassification of Vital Areas to PA status (devitalization)

Finally, consistent with the DBT Order, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements.

Therefore, an administrative license change to FOL No. NPF-90 is being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan required by the DBT Order. This change complies 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.

K. Please replace the enclosed page to your FOL as indicated in Enclosure 1.

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 No. 50-390

Enclosures:

1. Administrative Change to FOL No. NPF-90
2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See mailing list 1 cc w/encls 1 and 2: Ms. Joan E. McCullum

K. Please replace the enclosed page to your FOL as indicated in Enclosure 1.

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 No. 50-390

Enclosures:

1. Administrative Change to FOL No. NPF-90
2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See mailing list 1 cc w/encls 1 and 2: Ms. Joan E. McCullum DISTRIBUTION (w/o Enclosure 2):

PUBLIC SPRT R/F OGC ACRS BClayton BPascarelli MRoss-Lee EHackett GHill (2)

DLPM DPR TBoyce VMcCree, RII Accession No.: ML043120013 OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/ SC NRR/SC NAME RManili DSpaulding CRaynor JPeralta JHeck SMorris JNakoski DATE 10/25/04 10/25/04 10/25/04 10/25/04 10/28/04 10/28/04 10/28/04 OFFICIAL RECORD COPY

Tennessee Valley Authority:

Browns Ferry Nuclear Plant Watts Bar Nuclear Plant Sequoyah Nuclear Plant cc w/o encl.:

Watts Bar Nuclear Plant, Unit 1 Mr. Karl W. Singer, Chief Nuclear Officer &

Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Maddox, Vice President Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Ashok S. Bhatnagar, Senior Vice President Tennessee Valley Authority 6A Lookout Place Chattanooga, TN 37402-2801 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. Jon R. Rupert, Vice President Browns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Robert G. Jones Browns Ferry Unit 1 Plant Restart Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Timothy E. Abney, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Senior Resident Inspector U.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant 10833 Shaw Road Athens, AL 35611-6970 State Health Officer Alabama Dept. of Public Health RSA Tower - Administration Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017 Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611 Mr. William R. Lagergren, Site Vice President Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381

Tennessee Valley Authority:

Browns Ferry Nuclear Plant Watts Bar Nuclear Plant Sequoyah Nuclear Plant cc w/o encl.:

Mr. Paul L. Pace, Manager Licensing and Industry Affairs Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Mr. Larry S. Bryant, Manager Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Senior Resident Inspector Watts Bar Nuclear Plant U.S. Nuclear Regulatory Commission 1260 Nuclear Plant Road Spring City, TN 37381 County Executive Rhea County Courthouse 375 Church Street Suite 215 Dayton, TN 37321 Ms. Ann P. Harris 341 Swing Loop Road Rockwood, Tennessee 37854 Mr. Randy Douet, Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 Mr. Pedro Salas, Manager Licensing and Industry Affairs Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 Mr. David A. Kulisek, Plant Manager Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 Senior Resident Inspector Sequoyah Nuclear Plant U.S. Nuclear Regulatory Commission 2600 Igou Ferry Road Soddy Daisy, TN 37379 Mr. Lawrence E. Nanney, Director Division of Radiological Health Dept. of Environment & Conservation Third Floor, L and C Annex 401 Church Street Nashville, TN 37243-1532 Mr. Michael D. Skaggs, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 County Mayor Hamilton County Courthouse Chattanooga, TN County Mayor P.O. Box 156 Decatur, TN 37322 Mr. T. J. Niessen, Acting General Manager Nuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Tennessee Valley Authority:

Browns Ferry Nuclear Plant Watts Bar Nuclear Plant Sequoyah Nuclear Plant cc w/o encl.:

Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

TENNESSEE VALLEY AUTHORITY DOCKET NO. 50-390 WATTS BAR NUCLEAR PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-90 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-90 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.

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 No. NPF-90 Date of Issuance: October 28, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-90 DOCKET NO. 50-390 Replace the following page of the Facility Operating License NPF-90 with the attached revised page as indicated. The revised page is identified by a revision date and contains marginal lines indicating the area of change.

Remove Page Insert Page 5

5

5 (5)

The facility was previously granted an exemption from certain requirements of 10 CFR 50, Appendix E, such that the State of Tennessee, which is within the ingestion exposure pathway emergency planning zone, need not participate in the November 1995 full-participation exercise (see 60 FR 54526, October 24, 1995).

The granting of this exemption is hereby affirmed.

E.

TVA shall fully implement and maintain in effect all provisions of the l

Commission-approved physical security, training and qualification, and l

safeguards contingency plans including amendments made pursuant to l

provisions of the Miscellaneous Amendments and Search Requirements l

revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of l

10 CFR 50.54(p). The combined set of plans, which contains Safeguards l

Information protected under 10 CFR 73.21, is entitled: Watts Bar Nuclear Plant l

Security Plan, Training and Qualification Plan, and Safeguards Contingency l

Plan, Revision 0, submitted by letter dated September 9, 2004, and l

supplemented on October 6, October 12, 2004, and October 22, 2004.

l F.

TVA shall implement and maintain in effect all provisions of the approved fire protection program as described in the Fire Protection Report for the facility, as approved in Supplements 18 and 19 of the SER (NUREG-0847) subject to the following provision:

TVA 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.

G.

Except as otherwise provided in the Technical Specifications (Appendix A to this license) or Environmental Protection Plan (Appendix B to this license), TVA 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 twenty-four (24) hours to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accordance with the procedures described in 10 CFR 50.73 (b), (c), and (e).

H.

The licensee shall have and maintain financial protection of such types 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.

AMENDMENT NO. 29 Revised by letter dated October 28, 2004