ML043120023

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Administrative Change to Facility Operating License in Conjunction with the Commission Order EA-03-086 Regarding
ML043120023
Person / Time
Site: Hatch, Vogtle, Farley  Southern Nuclear icon.png
Issue date: 10/29/2004
From: John Nakoski
NRC/NRR/DLPM/LPD2
To: Gasser J
Southern Nuclear Operating Co
Nakoski J A, NRR/DLPM, 415-1068
References
EA-03-086, TAC MC2918, TAC MC2919, TAC MC2926, TAC MC2927, TAC MC2985, TAC MC2986
Download: ML043120023 (31)


Text

SAFEGUARDS INFORMATION October 29, 2004 Mr. Jeffrey T. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.

40 Inverness Center Parkway P.O. Box 1295 Birmingham, AL 35201

SUBJECT:

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2, VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2, AND EDWIN I. HATCH NUCLEAR PLANT, UNITS 1 AND 2 - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSES AND RENEWED 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 QUALIFICATIONS PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NOS. MC2926, MC2927, MC2918, MC2919, MC2985, AND MC2986)

Dear Mr. Gasser:

By letter dated April 29, 2004, Southern Nuclear Operating Company, 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 Joseph M. Farley Nuclear Plant, Units 1 and 2 (Farley), Vogtle Electric Generating Plant, Units 1 and 2 (Vogtle),

and Edwin I. Hatch Nuclear Plant, Units 1 and 2 (Hatch).Section III.A of the 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.

SAFEGUARDS INFORMATION NOTICE: Enclosures 2 contain Safeguards Information.

Upon separation from Enclosures 2, this letter and are DECONTROLLED.

Mr. Gasser In your revised security plan, you included information related to the independent spent fuel storage installation (ISFSI) co-located at the Hatch and the Farley sites. The DBT Order did not require this information to be included in the revised security plans for these sites. 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. (This Order did not apply to the Farley site ISFSI, which is under construction.) On September 10, 2004, the NRC staff requested that you clarify whether the information provided in the revised security plan for Hatch related to the ISFSI modified the response you provided to Order EA-02-104. This letter did not include the ISFSI planned for Farley due to its construction status. By letter dated September 24, 2004, you indicated that no modifications have been made following the implementation of ISFSI-related security provisions of the ISFSI Imterim Compensatory Measures Order that would decrease the effectiveness of the implementation of ISFSI-related security provisions at Hatch. The effectiveness of these security provisions will continue to be subject to NRC review and inspection.

The NRC staffs review of the PSP, SCP, and T&Q Plans submitted in your letter dated April 27, 2004, as supplemented on May 10, June 1, July 9, July 16, July 23, August 9, September 3 and October 13, 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.

The NRC staff has determined that subject to subsequent inspection and evaluation, these plans contain the necessary programmatic elements to provide the required high assurance that the facilities operated by Southern Nuclear Operating Company will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for the facilities operated by Southern Nuclear Operating Company. 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).

Mr. Gasser 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 3.9.4.3 9.4.3 73.55(d)(4)

Protected Area (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) 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)

As an optional measure, the licensee elected to deploy additional delay barriers in its owner controlled area (OCA). The NRC staff reviewed the information provided by the licensee, including the letter dated October 15, 2004, in light of the DBT Implementing Guidance dated May 8, 2004. Deployment of these supplemental delay barriers is not necessary to meet applicable Order or regulatory requirements. Based upon NRC staff review of proposed surveillance frequencies, credit will not be given for OCA delay barriers at Farley, Hatch and Vogtle for the purpose outlined in the DBT Implementing Guidance during subsequent NRC inspections and reviews.

Finally, consistent with Order EA-03-086, conforming administrative license changes to Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, administrative license changes to FOL Nos. NPF-2, NPF-8, NPF-68, and NPF-81 for Farley and Vogtle, respectively, and Renewed FOL Nos. DPR-57 and NPF-5 for Hatch are being made to incorporate the reference to the revised 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.

Mr. Gasser Please replace the enclosed pages to your FOLs and Renewed FOLs as indicated in the.

A copy of our SE with regard to your security plan (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. 50-321, 50-348, 50-424, 50-366, 50-364 and 50-425

Enclosures:

1. Administrative Change to FOL Nos. NPF-2, NPF-8, NPF-68, and NPF-81 and Renewed FOL Nos. DPR-57 and NPF-5
2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2:

Mr. John R. Thompson, Security Manager, Hatch Ms. Rebecca V. Badham, Site Security Manager, Farley Mr. Ken C. Dyar, Security Manager, Vogtle

Mr. Gasser Please replace the enclosed pages to your ROLs and FOLs as indicated in the Enclosure 1.

A copy of our SE with regard to your security plan (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. 50-321, 50-348, 50-424, 50-366, 50-364 and 50-425

Enclosures:

1. Administrative Change to FOL Nos. NPF-2, NPF-8, NPF-68, and NPF-81 and ROL Nos. DPR-57 and NPF-5
2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2:

Mr. John R. Thompson, Security Manager, Hatch Ms. Rebecca V. Badham, Site Security Manager, Farley Mr. Ken C. Dyar, Security Manager, Vogtle DISTRIBUTION (w/o Enclosure 2):

PUBLIC SPRT R/F OGC ACRS CHawes CGratton MRoss-Lee EHackett GHill (4)

DLPM DPR TBoyce VMcCree, RII SPeters Accession No.: ML043120023 OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME PPeduzzi MChernoff CHawes JPeralta JHeck SMorris JNakoski DATE 10-20-04 10-20-04 10/20/04 10-27-04 10-26-04 10-27-04 10/28/04 OFFICIAL RECORD COPY

Edwin I. Hatch Nuclear Plant Vogtle Electric Generating Plant Joseph M. Farley Nuclear Plant cc w/o encl.:

Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P. O. Box 1349 Tucker, GA 30085-1349 Mr. J. B. Beasley, Jr.

Executive Vice President Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, AL 35201 Mr. Raymond D. Baker Manager - Licensing Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, AL 35201 Mr. H. L. Summer, Jr.

Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295 Resident Inspector Hatch Project 11030 Hatch Parkway North Baxley, GA 31513 Mr. Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Chairman Appling County Commissioners County Commissioners Baxley, GA 31513 Office of the County Commissioners Burke County Commission Waynesboro, GA 30830 Mr. Arthur H. Dombay, Esquire Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308 Resident Inspector Vogtle 8805 River Road Waynesboro, GA 30830 Mr. Steven M. Jackson Senior Engineer -Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, GA 30303-4684 Mr. G. R. Frederick, General Manager Edwin I. Hatch Nuclear Plant Southern Nuclear Operating Company, Inc.

U.S. Highway 1 North P. O. Box 2010 Baxley, GA 31515 Mr. Reece McAllister Executive Secretary Georgia Public Service Commission 244 Washington St., S.W.

Atlanta, GA 30334 Mr. K. Rosanski, Resident Manager Oglethorpe Power Corporation Edwin I. Hatch Nuclear Plant P. O. Box 2010 Baxley, GA 31515

Edwin I. Hatch Nuclear Plant Vogtle Electric Generating Plant Joseph M. Farley Nuclear Plant cc w/o encl.:

Mr. N.J. Stringfellow, Manager-Licensing Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, AL 35201-1295 Mr. Skip Kitchens, General Manager Vogtle Electric General Plant Southern Nuclear Operating Company, Inc.

P. O. Box 1600 Waynesboro, GA 30830 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 Mr. Don E. Grissette General Manager -

Southern Nuclear Operating Company P.O. Box 470 Ashford, Alabama 36312 Mr. B. D. McKinney, Licensing Manager Southern Nuclear Operating Company P. O. Box 1295 Birmingham, AL 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm P. O. Box 306 1710 Sixth Avenue North Birmingham, AL 35201 State Health Officer Alabama Department of Public Health 434 Monroe Street Montgomery, AL 36130-1701 Chairman Houston County Commission P. O. Box 6406 Dothan, AL 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, AL 36319 William D. Oldfield SAER Supervisor Southern Nuclear Operating Company P. O. Box 470 Ashford, AlL 36312 Mr. L. M. Stinson Vice President - Farley Project Southern Nuclear Operating Company, Inc.

P. O. Box 1295 Birmingham, AL 35201-1295 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., NW Atlanta, GA 30328-4684

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-321 EDWIN I. HATCH NUCLEAR PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE Renewed License No. DPR-57 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 license changes to Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. DPR-57 is being made to incorporate the reference to the revised 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.

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 Renewed FOL Date of Issuance: October 29, 2004

CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. DPR-57 DOCKET NO. 50-321 Replace the following page of the Renewed Facility Operating License No. DPR-57 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 would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(4)

Physical Protection Southern Nuclear 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 plan is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

(5)

FSAR Supplement The licensees Final Safety Analysis Report Supplement, dated September 5, 2001, shall be included in the next Updated Final Safety Evaluation Analysis Report update, required by 10 CFR 50.71(e).

(6)

Safety Analysis Report The licensees Final Safety Analysis Report Supplement, dated September 5, 2001, submitted pursuant to 10 CFR 54.21(d), describes certain future inspection activities to be completed before the period of extended operation begins. The licensee shall complete these activities no later than August 6, 2014.

(7)

Integrated Surveillance Program The licensee shall implement a staff-approved reactor vessel integrated surveillance program for the extended period of operation which satisfies the requirements of 10 CFR Part 54. Such a program will be implemented through a staff-approved Boiling Water Reactor Vessel and Internals Project program or through a staff-approved plant-specific program. The plant specific program, if needed, will be developed in a manner that is consistent with other aging management programs, will include consideration of the 10 program attributes utilized for other aging management programs, and will provide a technical justification for any Renewed License No. DPR-57 Revised by letter dated October 29, 2004

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-366 EDWIN I. HATCH NUCLEAR PLANT, UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-5 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 license changes to Facility Operating Licenses (FOLs) are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed FOL No. NPF-5 is being made to incorporate the reference to the revised 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.

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 Renewed FOL Date of Issuance: October 29, 2004

CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-5 DOCKET NO. 50-366 Replace the following page of the Renewed Facility Operating License No. NPF-5 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 in the updated Fire Hazards Analysis and Fire Protection Program for the Edwin I. Hatch NucIear Plant Units 1 and 2, which was originally submitted by letter from GPC to the Commission dated July 22, 1986. Southern Nuclear may make changes to the fire protection program without prior Commission approval only if the changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(b)

Physical Protection Southern Nuclear 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 author of 10 CFR 50.90 and 10 CFR 50.54(p). The plan is entitled Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

(c)

FSAR Supplement The licensee's Final Safety Analysis Report Supplement dated September 5, 2001, shall be included in the next Updated Final Safety Analysis Report update, required by 10 CFR 50.71(e).

(d)

Safety Analysis Repor The licensee's Final Safety Analysis Report Supplement dated September 5, 2001, submitted pursuant to 10 CFR 54.21(d),

describes certain future inspection activities to be completed before the period of extended operation begins. The licensee shall complete those activities no later than June 13, 2018.

(e)

Integrated Surveillance Program The licensee shall implement a staff-approved reactor vessel integrated surveillance program for the extended period of operation which satisfies the requirements of 10 CFR Part 54.

Such a program will be implemented through a staff-approved Renewed License No. NPF-5 Revised by letter dated October 29, 2004

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-348 JOSEPH M. FARLEY NUCLEAR PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-2 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 license 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-2 is being made to incorporate the reference to the revised 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.

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 the FOL Date of Issuance: October 29, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-2 DOCKET NO. 50-348 Replace the following page of the Facility Operating License No. NPF-2 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 6.

A procedure identifying the authority responsible for the interpretation of the data and the sequence and timing of administrative events required to initiate corrective action.

(h)

The Additional Conditions contained in Appendix C, as revised through Amendment No. 146, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the additional conditions.

(i)

Deleted per Amendment 152 (4)

Fire Protection Southern Nuclear shall implement and maintain in effect all provisions of the approved fire protection program as described on the Final Safety Analysis Report for the facility, which implements the fire protection requirements of 10 CFR 50.48 and 10 CFR 50 Appendix R. Southern Nuclear 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.

D.

Southern Nuclear 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 plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

E.

This license is subject to the following additional conditions for the protection of the environment:

(1)

Southern Nuclear shall operate the facility within applicable Federal and State air and water quality standards and the Environmental Technical Specifications which include nonradiological and radiological monitoring programs, limits on effluent releases, and appropriate comprehensive ecological surveillance study, and reporting requirements.

Farley - Unit 1 Amendment No. 158 Revised by letter dated October 29, 2004

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-364 JOSEPH M. FARLEY NUCLEAR PLANT, UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-8 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 license 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-8 is being made to incorporate the reference to the revised 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.

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 the FOL Date of Issuance: October 29, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-8 DOCKET NO. 50-364 Replace the following page of the Facility Operating License No. NPF-8 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 (22)

Additional Conditions The Additional conditions contained in Appendix C, as revised through Amendment No. 137, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the additional conditions.

D.

Southern Nuclear 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 plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

E.

Deleted per Amendment 144 F.

Alabama Power Company shall meet the following antitrust conditions:

(1)

Alabama Power Company shall recognize and accord to Alabama Electric Cooperative (AEC) the status of a competing electric utility in central and southern Alabama.

(2)

Alabama Power Company shall offer to sell to AEC an undivided ownership interest in Units 1 and 2 of the Farley Nuclear Plant. The percentage of ownership interest to be so offered shall be an amount based on the relative sizes of the respective peak loads of AEC and Alabama Power Company (excluding from the Alabama Power Company's peak load that amount imposed by members of AEC upon the electric system of Alabama Power Company) occurring in 1976. The price to be paid by AEC for its proportionate share of Units 1 and 2, determined in accordance with the foregoing formula, will be established by the parties through good faith negotiations. The price shall be sufficient to fairly reimburse Alabama Power Company for the proportionate share of its total costs related to the Units 1 and 2 including, but not limited to, all costs of construction, installation, ownership and licensing, as of a date, to be agreed to by the two parties, which fairly accommodates both their respective interests. The offer by Alabama Power Company to sell an undivided ownership interest in Units 1 and 2 may be conditioned, at Alabama Power Company's option, on the agreement by AEC to waive any right of partition of the Farley Plant and to avoid interference in the day-to-day operation of the plant.

Farley - Unit 2 Amendment No. 149 Revised by letter dated October 29, 2004

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-424 VOGTLE ELECTRIC GENERATING PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-68 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 license 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-68 is being made to incorporate the reference to the revised 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.

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 the FOL Date of Issuance: October 29, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-68 DOCKET NO. 50-424 Replace the following page of the Facility Operating License No. NPF-68 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 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.

Southern Nuclear 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 plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

F.

GPC shall comply with the antitrust conditions delineated in Appendix C to this license.

G.

Southern Nuclear shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility, and submittals dated July 2, August 4 and 13, October 10 and 24, November 5, and December 19, 1986, and January 2, 1987, as approved in the SER (NUREG-1137) through Supplement 5 subject to the following provision:

Southern Nuclear 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.

H.

Reporting to the Commission Except for item 2.C.(2), Southern Nuclear 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).

I.

The Owners 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.

Amendment No. 107 Revised by letter dated October 29, 2004

SOUTHERN NUCLEAR OPERATING COMPANY, INC.

DOCKET NO. 50-425 VOGTLE ELECTRIC GENERATING PLANT, UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-81 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 license 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-81 is being made to incorporate the reference to the revised 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.

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 the FOL Date of Issuance: October 29, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-81 DOCKET NO. 50-425 Replace the following page of the Facility Operating License No. NPF-81 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 An exemption was previously granted pursuant to 10 CFR 70.24. The exemption was granted with NRC materials license No. SNM-1981, issued July 13, 1988, and relieved GPC from the requirement of having a criticality alarm system. GPC and Southern Nuclear are hereby exempted from the criticality alarm system provision of 10 CFR 70.24 so far as this section applies to the storage of fuel assemblies held under this license.

These exemptions are authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security.

The exemptions in items b and c above are granted pursuant to 10 CFR 50.12.

With 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.

Southern Nuclear 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 plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: Southern Nuclear Operating Company Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, and was submitted on October 13, 2004.

F.

GPC shall comply with the antitrust conditions delineated in Appendix C to this license.

G.

Southern Nuclear shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility, as approved in the SER (NUREG-1137) through Supplement 9 subject to the following provision:

Southern Nuclear 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.

H.

Reporting to the Commission Except for item 2.C.(2), Southern Nuclear 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).

I.

The Owners 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.

Amendment No. 85 Revised by letter dated October 29, 2004