ML043120017
| ML043120017 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 10/29/2004 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Barron H Duke Energy Corp |
| Nakoski J A, NRR/DLPM, 415-1068 | |
| References | |
| EA-03-086, TAC MC2902, TAC MC2903, TAC MC2936, TAC MC2937, TAC MC2945, TAC MC2946, TAC MC2947 | |
| Download: ML043120017 (36) | |
Text
SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION October 29, 2004 Mr. Henry B. Barron Group Vice President, Nuclear Generation and Chief Nuclear Officer Duke Energy Corporation P. O. Box 1006-EC07H Charlotte, NC 28201-1006
SUBJECT:
WILLIAM B. MCGUIRE NUCLEAR STATION, UNITS 1 AND 2, CATAWBA NUCLEAR STATION, UNITS 1 AND 2, AND OCONEE NUCLEAR STATION, UNITS 1, 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 (MC2936, MC2937, MC2902, MC2903, MC2945, MC2946, AND MC2947)
Dear Mr. Barron:
By letter dated April 27, 2004, Duke Energy Corporation 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 William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3.
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.
NOTICE: Enclosure 2 contains Safeguards Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.
H. B. Barron In the revised security plans for William B. McGuire Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2, and 3, you included information related to the independent spent fuel storage installation (ISFSI) co-located at the sites. The DBT Order did not require this information to be included in the revised security plans for William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, Oconee Nuclear Station, Units 1, 2 and 3. However, Order EA-02-104, dated October 16, 2002, required licensees to comply with the requirements, set forth in an attachment to the Order, that described the compensatory measures necessary to protect the ISFSI as a result of the heightened threat environment following the September 11, 2001, terrorist attacks. On September 10, 2004, the NRC staff requested that you clarify whether the information provided in the revised security plans for William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3, related to the ISFSI, modified the response you provided to Order EA-02-104. By letter dated September 30, 2004, (McGuire) and September 23, 2004, (Oconee) you indicated that the actions you have taken in response to Order EA-02-104 remain essentially unchanged and therefore, there is no decrease in effectiveness of the protective measures in place for the ISFSIs. The effectiveness of these security provisions will continue to be the subject of NRC review and inspection.
The NRC staffs review of the William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3, PSP, SCP, T&Q Plan submitted in your letter dated April 27, 2004, as supplemented on July 7, 2004, July 13, 2004, July 22, 2004, August 2, 2004, August 9, 2004, August 12, 2004, September 8, 2004, September 30, 2004, October 15, 2004, October 21, 2004, and October 27, 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.
Included as Appendix E in your PSP are the physical security provisions associated with the receipt and storage of unirradiated mixed oxide (MOX) lead fuel assemblies at Catawba. On May 5, 2004, the NRC staff issued a safety evaluation that documented the technical and regulatory disposition of these provisions. As you are aware, the use of MOX lead fuel assemblies at Catawba is subject to ongoing litigation. Included within the scope of the litigation are the physical security measures for the protection of unirradiated MOX fuel. Given the ongoing litigation, NRC approval of MOX security provisions described in Appendix E of your PSP will be provided, should it be appropriate, under separate correspondence.
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 William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, Oconee Nuclear Station, Units 1, 2 and 3 will be protected against the revised DBT. The NRC staff, therefore, approves the for William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3. 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 H. B. Barron 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)(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)(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 VA to PA status (devitalization)
Finally, consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, issued on April 29, 2003, conforming administrative changes to Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, administrative license changes to Renewed FOLs Nos. NPF-9 and NPF-17, NPF-35, NPF-52, DPR-38, DPR-47, and DPR-55 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 Commissions rules and regulations set forth in 10 CFR Chapter 1.
Please replace the enclosed pages to your Renewed FOLs as indicated in the enclosure.
A copy of our SE with regards 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. 50-369, 50-370, 50-413, 50-414, 50-269, 50-270, 50-287
Enclosures:
- 1. Administrative Change to Renewed FOL Nos. NPF-9, NPF-17, NPF-35, NPF-52, DPR-38, DPR-47, and DPR-55
- 2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See Mailing List cc w/encls 1 and 2: Mr. David G. Black Mr. W. T. Byers III Mr. Terry King
Please replace the enclosed pages to your Renewed FOLs as indicated in the enclosure.
A copy of our SE with regards 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. 50-369, 50-370, 50-413, 50-414, 50-269 50-270, 50-287
Enclosures:
- 2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See Mailing List cc w/encls 1 and 2: Mr. David G. Black Mr. W. T. Byers III Mr. Terry King DISTRIBUTION (w/o enc 2):
PUBLIC SPRT R/F OGC ACRS CHawes JShea MRoss-Lee EHackett GHill (14)
DLPM DPR TBoyce VMcCree, RII LOlshan Accession No.: ML043120017
- See previous concurrence OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME RManili*
DSpaulding*
JPeralta SMorris JNakoski DATE 10/27/04 10/27/04 10/27/04 10/27/04 10/27/04 10/28/04 10/28/04 OFFICIAL RECORD COPY
McGuire Nuclear Station Catawba Nuclear Station Oconee Nuclear Station cc w/o encl.:
Ms. Lisa F. Vaughn Duke Energy Corporation Mail Code - PB06E 422 South Church Street P.O. Box 1244 Charlotte, North Carolina 28201-1244 County Manager of Mecklenburg County 720 East Fourth Street Charlotte, North Carolina 28202 Mr. C. Jeffrey Thomas Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW Washington, DC 20005 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 700 N. Tryon Street Charlotte, North Carolina 28202 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road, 12th Floor Charlotte, North Carolina 28210 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Mr. T. Richard Puryear Owners Group (NCEMC)
Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Henry Barron Group Vice President, Nuclear Generation and Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006 Lee Keller, Manager Regulatory Compliance Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 North Carolina Municipal Power Agency Number 1 1427 Meadowwood Boulevard P.O. Box 29513 Raleigh, North Carolina 27626 County Manager of York County York County Courthouse York, South Carolina 29745 Piedmont Municipal Power Agency 121 Village Drive Greer, South Carolina 29651 Karen E. Long Assistant Attorney General North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602 NCEM REP Program Manager 4713 Mail Service Center Raleigh, North Carolina 27699-4713 North Carolina Electric Membership Corp.
P.O. Box 27306 Raleigh, North Carolina 27611
Senior Resident Inspector U.S. Nuclear Regulatory Commission 4830 Concord Road York, South Carolina 29745 Henry Porter, Assistant Director Division of Waste Management Bureau of Land and Waste Management Dept. of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. R.L. Gill, Jr., Manager Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 South Church Street Mail Stop EC05P Charlotte, North Carolina 28202 Saluda River Electric P.O. Box 929 Laurens, South Carolina 29360 Mary Olson Director of the Southeast Office Nuclear Information and Resource Service 729 Haywood Road, 1-A P.O. Box 7586 Asheville, North Carolina 28802 Dhiaa M. Jamil Vice President Catawba Nuclear Station Duke Energy Corporation 4800 Concord Road York, South Carolina 29745-9635 Manager, LIS NUS Corporation 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Senior Resident Inspector U.S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, South Carolina 29672 Mr. Henry Porter, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. Michael A. Schoppman Framatome ANP 1911 North Ft. Myer Drive Suite 705 Rosslyn, VA 22209 Mr. B.G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, South Carolina 29672 Mr. Ronald A. Jones Vice President, Oconee Site Duke Energy Corporation 7800 Rochester Highway Seneca, SC 29672 Mr. G. R. Peterson, Vice President McGuire Nuclear Station Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078
DUKE ENERGY CORPORATION WILLIAM B. MCGUIRE NUCLEAR STATION, UNIT 1 DOCKET NO. 50-369 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. NPF-9 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
Consistent with Order EA-03-086, the Order requiring compliance with revised design basis threat, (DBT Order) issued on April 29, 2003, conforming administrative changes to Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. NPF-9 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 Renewed FOL is changed, as indicated in the Attachment.
3.
The 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 Renewed FOL No. NPF-9 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-9 DOCKET NO. 50-369 Replace the following page of the Renewed Facility Operating Licenses NPF-9 with the attached revised page as indicated. The revised page is identified by order number and contains marginal lines indicating the area of change.
Remove Page Insert Page 4
4 (4)
Fire Protection Program Duke Energy Corporation shall implement and maintain in effect all provisions of the approved fire protection program as described in the Updated Final Safety Analysis Report for the facility and as approved in the SER dated March 1978 and Supplements 2, 5 and 6 dated March 1979, April 1981, and February 1983, respectively, and the safety evaluation dated May 15, 1989, subject to the following provision:
Duke 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.
(5)
Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No. 200, are hereby incorporated into this renewed operating license. Duke Energy Corporation shall operate the facility in accordance with the Additional Conditions.
(6)
Antitrust Conditions The license shall comply with the antitrust conditions delineated in Appendix C of this renewed operating license.
D.
Physical Protection Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contain safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l E.
The licensee shall report any violations of the requirements contained in Section 2 Items C.(1), C.(4) and D of this renewed operating license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by telephone and confirm by telegram, mailgram, or facsimile transmission to the Director of the Regional Office, or his designate, no later than the first working day following the violation, with a written follow-up report within 14 days.
Renewed License No. NPF-9 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION WILLIAM B. MCGUIRE NUCLEAR STATION, UNIT 2 DOCKET NO. 50-370, ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. NPF-17 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. NPF-17 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 Renewed FOL is changed, as indicated in the Attachment.
3.
The 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 Renewed FOL No. NPF-17 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-17 DOCKET NO. 50-370 Replace the following page of the Renewed Facility Operating Licenses NPF-17 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 5
5 D.
Physical Protection Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l E.
The licensee shall report any violation of the requirements contained in Section 2 Items C.(1), C.(4), C.(5) and D of this renewed operating license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by telephone and confirm by telegram, mailgram, or facsimile transmission to the NRC Regional Administrator, Region II, or his designate, no later than the first working day following the violation, with a written followup report within 14 days.
F.
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.
G.
In accordance with the Commission's direction in its Statement of Policy, Licensing and Regulatory Policy and Procedures for Environmental Protection; Uranium Fuel Cycle Impacts, October 29, 1982, this renewed operating license is subject to the final resolution of the pending litigation involving Table S-3.
See, Natural Resources Defense Council v. NRC, No. 74-1586 (D.C. cir. April 27, 1982).
H.
The licensee is authorized to receive from the Oconee Nuclear Station, Units 1, 2 and 3, possess, and store irradiated Oconee fuel assemblies containing special nuclear material, enriched to not more than 3.24% by weight U-235 subject to the following conditions:
a.
Oconee fuel assemblies may not be placed in the McGuire Nuclear Station, Units 1 and 2, reactors.
b.
Irradiated fuel shipped to McGuire Nuclear Station, Units 1 and 2, from Oconee shall have been removed from the Oconee reactor no less than 270 days prior to shipment.
Renewed License No. NPF-17 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION CATAWBA NUCLEAR STATION, UNIT 1 DOCKET NO. 50-413 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. NPF-35 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. NPF-35 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 Renewed FOL is changed, as indicated in the Attachment.
3.
The 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 Renewed FOL No. NPF-35 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-35 DOCKET NO. 50-413 Replace the following page of the Renewed Facility Operating Licenses,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 5
5 (6)
Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No. 180, are hereby incorporated into this renewed operating license. Duke Energy Corporation shall operate the facility in accordance with the Additional Conditions.
D.
The facility requires exemptions from certain requirements of Appendix J to 10 CFR Part 50, as delineated below and pursuant to evaluations contained in the referenced SER and SSERs. These include, (a) partial exemption from the requirement of paragraph III.D.2(b)(ii) of Appendix J, the testing of containment airlocks at times when the containment integrity is not required (Section 6.2.6 of the SER, and SSERs # 3 and #4), (b) exemption from the requirement of paragraph III.A.(d) of Appendix J, insofar as it requires the venting and draining of lines for type A tests (Section 6.2.6 of SSER #3), and (c) partial exemption from the requirements of paragraph III.B of Appendix J, as it relates to bellows testing (Section 6.2.6 of the SER and SSER #3). These exemptions are authorized by law, will not present an undue risk to the public health and safety, are consistent with the common defense and security, and are consistent with certain special circumstances as discussed in the referenced SER and SSERs.
These exemptions are, therefore, hereby granted pursuant to 10 CFR 50.12.
With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.
E.
Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l F.
Reporting to the Commission Except for Item 2.C.(2), Duke Energy Corporation shall report any violations of the requirements contained in Section 2.C. of this renewed operating 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).
Renewed License No. NPF-35 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION CATAWBA NUCLEAR STATION, UNIT 2 DOCKET NO. 50-414 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. NPF-52 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. NPF-52 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 Renewed FOL is changed, as indicated in the Attachment.
3.
The 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 Renewed FOL No. NPF-52 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-52 DOCKET NO. 50-414 Replace the following page of the Renewed Facility Operating Licenses, 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 5
5 (6)
Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No. 172, are hereby incorporated into this renewed operating license. Duke Energy Corporation shall operate the facility in accordance with the Additional Conditions.
D.
The facility requires exemptions from certain requirements of Appendix J to 10 CFR Part 50, as delineated below, and pursuant to evaluations contained in the referenced SER and SSER. These include: (a) partial exemption from the requirement of paragraph III.D.2(b)(ii) of Appendix J, the testing of containment airlocks at times when the containment integrity is not required (Section 6.2.6 of SSER #5), (b) exemption from the requirement of paragraph III.A.1(d) of Appendix J, insofar as it requires the venting and draining of lines for type A tests (Section 6.2.6 of SSER #5), and (c) partial exemption from the requirements of paragraph III.B of Appendix J, as it relates to bellows testing (Section 6.2.6 of the SER and SSER #5). These exemptions are authorized by law, will not present an undue risk to the public health and safety, are consistent with the common defense and security, and are consistent with certain special circumstances, as discussed in the referenced SER and SSER. These exemptions are, therefore, hereby granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.
E.
Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l F.
Reporting to the Commission Except for Item 2.C.(2), Duke Energy Corporation shall report any violations of the requirements contained in Section 2.C of this renewed operating 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).
G.
The licensees 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.
Renewed License No. NPF-52 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION OCONEE NUCLEAR STATION, UNIT 1 DOCKET NO.50-269 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. DPR-38 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. DPR-38 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 Renewed FOL is changed, as indicated in the Attachment.
3.
Except as otherwise noted in the letter dated October 29, 2004, relaxing the requirement of Section III.A.2 of Order EA-03-086, 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 Renewed FOL No. DPR-38 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. DPR-38 DOCKET NO. 50-269 Replace the following page of the Renewed Facility Operating Licenses, 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 December 27, 1984; December 5, 1988; and August 21, 1989 subject to the following provision:
The licensee 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 fire.
E.
Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l F.
In the update to the UFSAR required pursuant to 10 CFR 50.71(e)(4) scheduled for July, 2001, the licensee shall update the UFSAR to include the UFSAR supplement submitted pursuant to 10 CFR 54.21(d) as revised on March 27, 2000. Until the UFSAR update is complete, the licensee may make changes to the programs described in its UFSAR supplement without prior Commission approval, provided that the licensee evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.
G.
The licensees UFSAR supplement submitted pursuant to 10 CFR 54.21(d), as revised on March 27, 2000, describes certain future inspection activities to be completed before the period of extended operation. The licensee shall complete these activities no later than February 6, 2013.
H.
Duke shall comply with the commitments of Attachment 2 to letter dated July 29, 2004, associated with TSC 2002-05.
4.
This renewed license is effective as of the date of issuance and shall expire at midnight on February 6, 2033.
Renewed License No. DRP-38 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION OCONEE NUCLEAR STATION, UNIT 2 DOCKET NO.50-270 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. DPR-47 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. DPR-47 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 Renewed FOL is changed, as indicated in the Attachment.
3.
Except as otherwise noted in the letter dated October 29, 2004, relaxing the requirement of Section III.A.2 of Order EA-03-086, 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 Renewed FOL No. DPR-47 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. DPR-47 DOCKET NO. 50-270 Replace the following page of the Renewed Facility Operating Licenses, with the attached revised page as indicated. The revised page is identified by order number and contains marginal lines indicating the area of change.
Remove Page Insert Page 8
8 December 27, 1984; December 5, 1988; and August 21, 1989 subject to the following provision:
The licensee 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 fire.
E.
Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l F.
In the update to the UFSAR required pursuant to 10 CFR 50.71(e)(4) scheduled for July, 2001, the licensee shall update the UFSAR to include the UFSAR supplement submitted pursuant to 10 CFR 54.21(d) as revised on March 27, 2000. Until the UFSAR update is complete, the licensee may make changes to the programs described in its UFSAR supplement without prior Commission approval, provided that the licensee evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.
G.
The licensees UFSAR supplement submitted pursuant to 10 CFR 54.21(d), as revised on March 27, 2000, describes certain future inspection activities to be completed before the period of extended operation. The licensee shall complete these activities no later than February 6, 2013.
H.
Duke shall comply with the commitments of Attachment 2 to letter dated July 29, 2004, associated with TSC 2002-05.
4.
This renewed license is effective as of the date of issuance and shall expire at midnight on October 2, 2033.
Renewed License No. DRP-47 Revised by letter dated October 29, 2004
DUKE ENERGY CORPORATION OCONEE NUCLEAR STATION, UNIT 3 DOCKET NO. 50-287 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE License No. DPR-55 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 Renewed Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. DPR-55 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 Renewed FOL is changed, as indicated in the Attachment.
3.
Except as otherwise noted in the letter dated October 29, 2004, relaxing the requirement of Section III.A.2 of Order EA-03-086, 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 Renewed FOL No. DPR-55 Date of Issuance: October 29, 2004
CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. DPR-55 DOCKET NO. 50-287 Replace the following page of the Renewed Facility Operating Licenses, 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 December 27, 1984; December 5, 1988; and August 21, 1989 subject to the following provision:
The licensee 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 fire.
E.
Duke Energy Corporation shall fully implement and maintain in effect all l
provisions of the Commission-approved physical security, training and l
qualification and safeguards contingency plans including amendments l
made pursuant to provisions of the Miscellaneous Amendments and l
Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and l
27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains safeguards information protected l
under 10 CFR 73.21, is entitled: "Duke Energy Physical Security Plan l
submitted by letter dated September 8, 2004, and supplemented on l
September 30, 2004, October 15, 2004, October 21, 2004, and l
October 27, 2004.
l l
F.
In the update to the UFSAR required pursuant to 10 CFR 50.71(e)(4) scheduled for July, 2001, the licensee shall update the UFSAR to include the UFSAR supplement submitted pursuant to 10 CFR 54.21(d) as revised on March 27, 2000. Until the UFSAR update is complete, the licensee may make changes to the programs described in its UFSAR supplement without prior Commission approval, provided that the licensee evaluates each such change pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.
G.
The licensees UFSAR supplement submitted pursuant to 10 CFR 54.21(d), as revised on March 27, 2000, describes certain future inspection activities to be completed before the period of extended operation. The licensee shall complete these activities no later than February 6, 2013.
H.
Duke shall comply with the commitments of Attachment 2 to letter dated July 29, 2004, associated with TSC 2002-05.
4.
This renewed license is effective as of the date of issuance and shall expire at midnight on July 19, 2034.
Renewed License No. DRP-55 Revised by letter dated October 29, 2004