ML043120026

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Administrative Change to Facility Operating License in Conjunction with the Commission Order EA-03-086 Regarding Revised Design Basis Threat.
ML043120026
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 10/28/2004
From: John Nakoski
NRC/NRR/DLPM/LPD2
To: Koehl D
Nuclear Management Co
Nakoski J A, NRR/DLPM, 415-1068
References
EA-03-086, TAC MC2957, TAC MC2958
Download: ML043120026 (14)


Text

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION October 28, 2004 Mr. Dennis L. Koehl Site Vice President Nuclear Management Company, LLC Point Beach Nuclear Plant, Units 1 and 2 6590 Nuclear Road Two Rivers, WI 54241

SUBJECT:

POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2-ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSES IN CONJUNCTION WITH THE COMMISSION ORDER EA-03-086 REGARDING REVISED DESIGN BASIS THREAT (DBT); AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NOS. MC2957 AND MC2958)

Dear Mr. Koehl:

By letter dated April 29, 2004, Nuclear Management Company, LLC 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 Point Beach Nuclear Plant, Units 1 and 2 (PBNP).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) in order to provide protection against the revised DBT set forth in 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.

In the revised security plans for PBNP, you included information related to the independent spent fuel storage installation (ISFSI) co-located at the site. The DBT Order did not require this information to be included in the revised security plans for PBNP. 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 PBNP related to the ISFSI, modified the response you provided to Order EA-02-104. By letter dated September 24, 2004, you indicated that no modifications or revisions have been made which decrease the effectiveness of the implementation of the ISFSI-related security provisions carried out in response to the ISFSI Orders at PBNP. The effectiveness of these security provisions will continue to be the subject of NRC review and inspection.

NOTICE: Enclosure 2 contains Safeguards Information.

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

D. L. Koehl The NRC staffs review of the PBNP PSP, SCP, and T&Q Plan submitted in your letter dated April 29, 2003, as supplemented on July 29, August 5, August 25, August 30, September 30, and October 18, 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 that, when effectively implemented, will provide the required high assurance that PBNP will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for PBNP. 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 provides an equivalent level of protection to that of the associated requirement and meets 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 6.3 73.55(c)(3)

Isolation Zones 3.9.4.3 9.4.4 73.55(d)(4)

Protected Area (PA) vehicle search requirements 3.9.4.4 9.4.5 73.55(d)(1)

PA personnel search requirements 3.9.5.2 9.5 73.55(d)(4)

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

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

Temporary reclassification of Vital Areas to PA status (devitalization)

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

Therefore, administrative license changes to FOL Nos. DPR-24 and DPR-27 are being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan required by the DBT Order.

These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations set forth in 10 CFR Chapter I.

Please replace the enclosed pages to your FOLs as indicated in Enclosure 1.

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, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301

Enclosures:

1. Administrative Change to FOL Nos. DPR-24 and DPR-27
2. SE (SAFEGUARDS INFORMATION) cc w/encl 1 only: See mailing list cc w/encls 1 and 2: Mark Fencl

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

Therefore, administrative license changes to FOL Nos. DPR-24 and DPR-27 are being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan required by the DBT Order.

These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations set forth in 10 CFR Chapter I.

Please replace the enclosed pages to your FOLs as indicated in Enclosure 1.

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, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301

Enclosures:

1. Administrative Change to FOL Nos. DPR-24 and DPR-27
2. SE (SAFEGUARDS INFORMATION) cc w/encl 1 only: See mailing list cc w/encls 1 and 2: Mark Fence DISTRIBUTION (w/o Enc. 2):

PUBLIC SPRT R/F OGC ACRS THarris HChernoff LRaghavan WRuland GHill (4)

DLPM DPR TBoyce SReynolds, RIII Accession No.: ML043120026 OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME MBurrell BVaidya CRaynor JPeralta SCole SMorris JNakoski DATE 10/13/04 10/13/04 10/13/04 10/15/04 10/20/04 10/28/04 10/28/04 OFFICIAL RECORD COPY

Point Beach Nuclear Plant, Units 1 and 2 cc: w/o encl.:

Jonathan Rogoff, Esquire Vice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Mr. F. D. Kuester President & Chief Executive Officer WE Generation 231 West Michigan Street Milwaukee, WI 53201 Regulatory Affairs Manager Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241 Mr. Ken Duveneck Town of Two Creeks 13017 State Highway 42Mishicot, WI 54228Town Chairman Chairman Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241 Mr. Jeffery Kitsembel Electric Division Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Nuclear Asset Manager Wisconsin Electric Power Company 231 West Michigan Street Milwaukee, WI 53201 John Paul Cowan Executive Vice President & Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Douglas E. Cooper Senior Vice President - Group Operations Palisades Nuclear Plant Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043 Site Director of Operations Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241 Dennis L. Koehl Site Vice-President Nuclear Management Company, LLC 6590 Nuclear Road Two Rivers, WI 54241

NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-266 POINT BEACH NUCLEAR PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-24 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 Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. DPR-24 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this administrative license change can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this administrative license change will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this administrative license change is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, the FOL is changed as indicated in the attachment.

3.

This administrative license change is effective as of its date of issuance and shall be implemented on or before October 29, 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the FOL Date of Issuance: October 28, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. DPR-24 DOCKET NO. 50-266 Replace the following page of the Facility Operating License DPR-24 with the attached revised page as indicated. The revised page is identified by a revision date and contains marginal lines indicating the area of change.

Remove Page Insert Page 3

3

Wisconsin Electric Power Company A.

Maximum Power Levels NMC is authorized to operate the facility at reactor core power levels not in excess of 1540 megawatts thermal.

B.

Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 213, are hereby incorporated in the license. NMC shall operate the facility in accordance with Technical Specifications.

C.

Deleted D.

Deleted E.

Spent Fuel Pool Modification The licensee* is authorized to modify the spent fuel storage pool to increase its storage capacity from 351 to 1502 assemblies as described in licensee's application dated March 21, 1978, as supplemented and amended. In the event that the on-site verification check for poison material in the poison assemblies discloses any missing boron plates, the NRC shall be notified and an on-site test on every poison assembly shall be performed.

F.

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

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

safeguards contingency plans including amendments made pursuant to l

provisions of the Miscellaneous Amendments and Search Requirements l

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

10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contain l

Safeguards Information protected under 10 CFR 73.21, is entitled: "Nuclear l

Management Company Point Beach Nuclear Plant Physical Security Plan, l

(Revision 0)," submitted by letter dated October 18, 2004.

l Reference to the licensee in License Conditions 3.E, 3.G and 3.J refers to Wisconsin Electric Power Company and is maintained for historical purposes.

Point Beach Unit 1 Amendment No. 197, 201, 207 Revised by letter dated October 28, 2004

NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NO. 50-301 POINT BEACH NUCLEAR PLANT, UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-27 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 Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. DPR-27 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.

There is reasonable assurance (i) that the activities authorized by this administrative license change can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.

The issuance of this administrative license change will not be inimical to the common defense and security or to the health and safety of the public; and E.

The issuance of this administrative license change is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Accordingly, the FOL is changed as indicated in the attachment.

3.

This administrative license change is effective as of its date of issuance and shall be implemented on or before October 29, 2004.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the FOL Date of Issuance: October 28, 2004

CHANGES TO FACILITY OPERATING LICENSE NO. DPR-27 DOCKET NO. 50-301 Replace the following page of the Facility Operating License DPR-27 with the attached revised page as indicated. The revised page is identified by a revision date and contains marginal lines indicating the area of change.

Remove Page Insert Page 3

3

Wisconsin Electric Power Company B.

Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 218, are hereby incorporated in the license. NMC shall operate the facility in accordance with Technical Specifications.

C.

Deleted D.

Deleted E.

Spent Fuel Pool Modification The licensee* is authorized to modify the spent fuel storage pool to increase its storage capacity from 351 to 1502 assemblies as described in licensee's application dated March 21, 1978, as supplemented and amended. In the event that the on-site verification check for poison material in the poison assemblies discloses any missing boron plates, the NRC shall be notified and an on-site test on every poison assembly shall be performed.

3.

F.

Physical Protection NMC shall fully implement and maintain in effect all provisions of the l

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

safeguards contingency plans including amendments made pursuant to l

provisions of the Miscellaneous Amendments and Search Requirements l

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

10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contain l

Safeguards Information protected under 10 CFR 73.21, is entitled: "Nuclear l

Management Company Point Beach Nuclear Plant Physical Security Plan, l

(Revision 0)," submitted by letter dated October 18, 2004.

l Reference to the licensee in License Conditions 3.E and 3.G refers to Wisconsin Electric Power Company and is maintained for historical purposes.

Point Beach Unit 2 Amendment No. 202, 206 Revised by letter dated October 28, 2004