ML043120031

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..

ML043120031
Person / Time
Site:	Braidwood
Issue date:	10/28/2004
From:	John Nakoski NRC/NRR/DLPM/LPD2
To:	Crane C AmerGen Energy Co, Exelon Generation Co
Nakoski J A, NRR/DLPM, 415-1068
References
EA-03-086, TAC MC2890, TAC MC2891
Download: ML043120031 (15)

Text

SAFEGUARDS INFORMATION October 28, 2004 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

BRAIDWOOD STATION, 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. MC2890 AND MC2891)

Dear Mr. Crane:

By letter dated April 28, 2004, the Exelon Generation Company and AmerGen Energy 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 Braidwood Station, Units 1 and 2 (Braidwood).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 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 Braidwood PSP, SCP, and T&Q Plan submitted in your letter dated April 28, 2004, as supplemented on July 6, July 9, July 23, August 4, August 12, September 9, October 14, and October 21, 2004, has focused on ensuring that the necessary programmatic elements are contained in these plans in order to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.

NOTICE: Enclosure 2 contains Safeguards Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.

SAFEGUARDS INFORMATION

C. Crane The NRC staff has determined that these plans, subject to subsequent inspection and evaluation, contain the necessary programmatic elements that, when effectively implemented, will provide the high assurance that Braidwood will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for Braidwood. 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 requirements 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 6.2 73.55(c)(3) Isolation Zones 3.9.4.3 9.4.3 73.55(d)(4) Protected Areas (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) PA access control requirements 73.55(d)(4) 3.10.1 10.1 73.55(c)(5) PA illumination requirements 3.13.1 14.1 73.55(c)(1) Temporary reclassification of Vital Areas 73.55(d)(7)(i)(B) to PA status (devitalization)

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. NPF-72 and NPF-77 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 the enclosure.

C. Crane A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.

Sincerely,

/RA/

John A. Nakoski, Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-456 and 50-457

Enclosures:

1. Administrative Change to FOL Nos. NPF-72 and NPF-77

2. SE Regarding the Security Plans (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Greg Baker, Station Security Manager

C. Crane A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.

Sincerely,

/RA/

John A. Nakoski, Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-456 and 50-457

Enclosures:

1. Administrative Change to FOL Nos. NPF-72 and NPF-77

2. SE Regarding the Security Plans (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Greg Baker, Station Security Manager DISTRIBUTION:

PUBLIC SPRT R/F OGC ACRS PCoates GDick AMendiola WRuland GHill (4) DLPM DPR TBoyce SReynolds, RIII Accession No.: ML043120031 *See previous concurrence OFFICE SPRT/TL* SPRT/PM* SPRT/LA SPRT/PL* OGC* NSIR/SC NRR/SC NAME DHuyck RFretz CRaynor JPeralta JHeck NLO SMorris JNakoski DATE 10/8/04 10/8/04 10/18/04 10/16/04 10/18/04 10/28/04 10/28/04 OFFICIAL RECORD COPY

Braidwood Station Units 1 and 2 cc:

Regional Administrator, Region III Illinois Emergency Management U.S. Nuclear Regulatory Commission Agency 801 Warrenville Road Division of Disaster Assistance &

Lisle, IL 60532-4351 Preparedness 110 East Adams Street Document Control Desk - Licensing Springfield, IL 62701-1109 Exelon Generation Company, LLC 4300 Winfield Road Chairman Warrenville, IL 60555 Will County Board of Supervisors Will County Board Courthouse Mr. Dwain W. Alexander, Project Manager Joliet, IL 60434 Westinghouse Electric Corporation Energy Systems Business Unit Attorney General Post Office Box 355 500 S. Second Street Pittsburgh, PA 15230 Springfield, IL 62701 Joseph Gallo George L. Edgar Gallo & Ross Morgan, Lewis and Bockius 1025 Connecticut Ave., NW, Suite 1014 1111 Pennsylvania Ave, NW Washington, DC 20036 Washington, DC 20004 Ms. Bridget Little Rorem Braidwood Station Plant Manager Appleseed Coordinator Exelon Generation Company, LLC 117 N. Linden Street 35100 S. Rt. 53, Suite 84 Essex, IL 60935 Braceville, IL 60407-9619 Howard A. Learner Site Vice President - Braidwood Environmental Law and Policy Exelon Generation Company, LLC Center of the Midwest 35100 S. Rt. 53, Suite 84 35 East Wacker Dr., Suite 1300 Braceville, IL 60407-9619 Chicago, IL 60601-2110 Senior Vice President, Nuclear Services U.S. Nuclear Regulatory Commission Exelon Generation Company, LLC Braidwood Resident Inspectors Office 4300 Winfield Road 35100 S. Rt. 53, Suite 79 Warrenville, IL 60555 Braceville, IL 60407 Vice President of Operations - Mid-West Ms. Lorraine Creek Pressurized Water Reactors RR 1, Box 182 Exelon Generation Company, LLC Manteno, IL 60950 4300 Winfield Road Warrenville, IL 60555 Chairman, Ogle County Board Post Office Box 357 Oregon, IL 61061

Braidwood Station Units 1 and 2 Regulatory Assurance Manager - Braidwood Exelon Generation Company, LLC 35100 S. Rt. 53, Suite 84 Braceville, IL 60407-9619 Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Braidwood, Byron and LaSalle Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

EXELON GENERATION COMPANY, LLC DOCKET NO. 50-456 BRAIDWOOD STATION, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-72

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

A. Consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, (DBT Order) issued on April 29, 2003, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. NPF-72 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, 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. NPF-72 DOCKET NO. 50-456 Replace the following page of Facility Operating License NPF-72 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

F. Exelon Generation Company 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 authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Braidwood Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.

G. Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee 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 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).

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

I. This license is effective as of the date of issuance and shall expire at midnight on October 17, 2026.

FOR THE NUCLEAR REGULATORY COMMISSION original signed by:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments:

1. Work Items to be completed

2. Appendix A - Technical Specifications (NUREG-1276)

3. Appendix B - Environmental Protection Plan

4. Appendix C - Additional Conditions Date of Issuance: July 2, 1987 1

The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 109 Revised by letter dated October 28, 2004

EXELON GENERATION COMPANY, LLC DOCKET NO. 50-457 BRAIDWOOD STATION, UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-77

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

A. Consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, (DBT Order) issued on April 29, 2003, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. NPF-77 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, 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. NPF-77 DOCKET NO. 50-457 Replace the following page of Facility Operating License NPF-77 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 6

F. Exelon Generation Company 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 authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled:

"Braidwood Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.

G. Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee 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 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).

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

I. This license is effective as of the date of issuance and shall expire at midnight on December 18, 2027.

FOR THE NUCLEAR REGULATORY COMMISSION original signed by:

James H. Sniezek, Deputy Director Office of Nuclear Reactor Regulation Attachments:

1. Work Items to be completed

2. Appendix A -Technical Specifications

3. Appendix B - Environmental Protection Plan

4. Appendix C - Additional Conditions Date of Issuance: May 20, 1988 1

The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.

Amendment No. 109 Revised by letter dated October 28, 2004