ML043120024

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 Qualifications Plan, and Safe...

ML043120024
Person / Time
Site:	Summer
Issue date:	10/28/2004
From:	John Nakoski NRC/NRR/DLPM/LPD2
To:	Archie J South Carolina Electric & Gas Co
Nakoski J A, NRR/DLPM, 415-1068
References
EA-03-086, TAC MC2976
Download: ML043120024 (9)

Text

SAFEGUARDS INFORMATION October 28, 2004 Mr. Jeffrey B. Archie Vice President, Nuclear Operations South Carolina Electric and Gas Company Virgil C. Summer Nuclear Station P.O. Box 88 Jenkinsville, SC 29065

SUBJECT:

VIRGIL C. SUMMER NUCLEAR STATION - ADMINISTRATIVE CHANGE TO RENEWED 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 QUALIFICATIONS PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NO. MC2976)

Dear Mr. Archie:

By letter dated April 29, 2004, South Carolina Electric and Gas Company submitted a supplemental response in accordance with Order EA-03-086, the order requiring compliance with the revised design basis threat, dated April 29, 2003, (DBT Order) for the Virgil C. Summer Nuclear Station.Section III.A of the Order requires licensees to revise their physical security plan (PSP), training and qualification plan (T&Q Plan), and safeguards contingency plan (SCP) 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 PSP, SCP, and T&Q Plans submitted in your April 29, 2004, letter, as supplemented on July 1, July 13, July 26, August 11, August 13, August 23, August 24, August 31, September 3, September 13, September 24, and October 5, 2004, has focused on ensuring the necessary programmatic elements are contained in these plans to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.

NOTICE: Enclosure 2 contains Safeguards Information.

Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.

SAFEGUARDS INFORMATION

Mr. Archie 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 Virgil C. Summer Nuclear Station will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for the Virgil C. Summer Nuclear Station. However, ultimately, the effectiveness of these plans will be judged on your ability to meet regulatory requirements through facility implementing procedures and site practices. As such, your facility implementing procedures and practices will continue to be subject to future NRC review and inspection, including NRC-conducted force-on-force exercises.

In addition, the NRC staff noted that your PSP included alternatives to certain requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 73.55. In each case, the NRC staff found that the alternative measures provide an equivalent level of protection to that of the associated requirement and meet the high assurance objective of 10 CFR 73.55(a). The NRC staff, therefore, approves the alternatives shown in the table below. The NRC staffs evaluation is discussed further in the enclosed Safety Evaluation (SE).

Approved Alternatives to NRC Regulations SE Section Plan Alternative to Description Section 10 CFR 3.6.2 6.2 73.55(c)(3) Isolation zones 3.9.4.3 PSP 9.4.3 73.55(d)(4) Protected Area (PA) vehicle search requirements 3.9.4.4 PSP 9.4.4 73.55(d)(1) PA personnel search requirements 3.9.5.2 PSP 9.5 73.55(d)(1) PA access control requirements 73.55(d)(4) 3.10.1 PSP 10.1 73.55(c)(5) PA illumination requirements 3.13.1 PSP 14.1 73.55(c)(1) Temporary reclassification of Vital 73.55(d)(7)(i)(B) Areas to PA status (devitalization)

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, an administrative license change to Renewed FOL No. NPF-12 is being made to incorporate the reference to the revised 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. Please replace the enclosed page of your FOL as indicated in the Enclosure.

Mr. Archie A copy of our SE (designated as Safeguards Information), is also enclosed.

Sincerely,

/RA/

John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-395

Enclosures:

1. Administrative Change to Renewed FOL No. NPF-12

2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 & 2: Mark Findley

Mr. Archie A copy of our SE (designated as Safeguards Information), is also enclosed.

Sincerely,

/RA/

John A. Nakoski, Section Chief, Security Plan Review Team, Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-395

Enclosures:

1. Administrative Change to Renewed FOL No. NPF-12

2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 & 2: Mark Findley DISTRIBUTION:

PUBLIC SPRT R/F OGC ACRS BClayton KCotton MRoss-Lee EHackett GHill(2) DLPM DPR TBoyce VMcCree, RII Accession No.: ML043120024 *NLO OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC* NSIR/SC SPRT/SC NAME PPeduzzi MChernoff CRaynor JPeralta JHeck SMorris JNakoski DATE 10-20-04 10-20-04 10-27-04 10-27-04 10-25-04 10-27-04 10/28/04 OFFICIAL RECORD COPY

Virgil C. Summer Nuclear Station cc w/o encl.:

Mr. R. J. White, Nuclear Coordinator S.C. Mr. Thomas D. Gatlin, General Manager Public Service Authority Nuclear Plant Operations c/o Virgil C. Summer Nuclear Station South Carolina Electric & Gas Company P. O. Box 88, Mail Code 802 Virgil C. Summer Nuclear Station Jenkinsville, SC 29065 P. O. Box 88, Mail Code 300 Jenkinsville, SC 29065 Resident Inspector/Summer NPS c/o U.S. Nuclear Regulatory Commission 576 Stairway Road Jenkinsville, SC 29065 Chairman, Fairfield County Council Drawer 60 Winnsboro, SC 29180 Mr. Henry Porter, Assistant Director Division of Waste Management Bureau of Land & Waste Management Dept. of Health & Environmental Control 2600 Bull Street Columbia, SC 29201 Mr. Ronald B. Clary, Manager Nuclear Licensing South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station P. O. Box 88, Mail Code 830 Jenkinsville, SC 29065 Ms. Kathryn M. Sutton, Esquire Winston & Strawn Law Firm 1400 L Street, NW Washington, DC 20005-3502

SOUTH CAROLINA ELECTRIC AND GAS COMPANY DOCKET NO. 50-395 VIRGIL C. SUMMER NUCLEAR STATION ADMINISTRATIVE LICENSE CHANGE TO RENEWED FACILITY OPERATING LICENSE Renewed License No. NPF-12

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. Consistent with Order EA-03-086, "Order Requiring Compliance with Revised Design Basis Threat," (DBT Order) dated April 29, 2003, conforming administrative license changes to Facility Operating Licenses are required to ensure implementation of the DBT Order requirements. Therefore, an administrative license change to Renewed Facility Operating License (FOL)

No. NPF-12 is being made to incorporate the reference to the revised 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; 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, Section 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:

CHANGES TO RENEWED FACILITY OPERATING LICENSE NO. NPF-12 DOCKET NO. 50-395 Replace the following page of the Renewed Facility Operating License NPF-12 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 12 12

(31) Final NRC Approval of Emergency Preparedness (ASLB Supplemental Partial Initial Decision, August 4, 1982,Section VIII.9)

Prior to exceeding 5% of full power, final NRC staff approval of the state of emergency preparedness for the Virgil C. Summer Nuclear Station site shall be required.

(32) Deleted (33) Emergency Preparedness Exercise (Section 13.3, SSER #5)

Prior to March 31, 1983, SCE&G shall conduct an emergency exercise similar to that conducted on May 5, 1982 but which includes full participation of the local governments and partial State participation.

2.D An exemption to the requirements of Paragraph III.B.4 of Appendix G to 10 CFR Part 50 is described in Section 5.3.1 of Supplement No. 1 to the Office of Nuclear Reactor Regulation's Safety Evaluation Report. A limited exemption to the requirementsSection IV.F.1(b) of Appendix E to 10 CFR Part 50 is described in a letter from B. J. Youngblood, NRC to O. W. Dixon, Jr., dated November 2, 1982. These exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. 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.

2.E SCE&G 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: "Virgil C. Summer Nuclear Station Security Plan," submitted October 5, 2004. This document includes the Security Training and Qualification Plan as Appendix B and the Safeguards Contingency Plan as Appendix C.

Renewed Operating License No. NPF-12 Revised by letter dated October 28, 2004