ML043120032
| ML043120032 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| 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 MC2897, TAC MC2898 | |
| Download: ML043120032 (15) | |
Text
SAFEGUARDS INFORMATION 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:
BYRON NUCLEAR POWER 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. MC2897 AND MC2898)
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 Byron Nuclear Power Station, Units 1 and 2 (Byron).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 Byron 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.
C. Crane The NRC staff has determined that these plans contain the necessary programmatic elements that, when effectively implemented, will provide high assurance that Byron will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for Byron. 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 meet the high assurance objectives 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) 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)
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-37 and NPF-66 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 (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 Nos. 50-454 and 50-455
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Dave Combs, Manager Nuclear Security
C. Crane 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 Nos. 50-454 and 50-455
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Dave Combs, Manager Nuclear Security DISTRIBUTION w/o Enclosure 2:
PUBLIC SPRT R/F OGC ACRS PCoates GDick AMendiola WRuland GHill (4)
DLPM DPR TBoyce SReynolds, RIII Accession No.: ML043120032 OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME DHuyck RFretz CRaynor JPeralta JHeck SMorris JNakoski DATE 10/08/04 10/8/04 10/23/04 10/13/04 10/22/04 10/26/04 10/26/04 OFFICIAL RECORD COPY
Byron Station Units 1 and 2 cc:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Illinois Emergency Management Agency Division of Disaster Assistance &
Preparedness 110 East Adams Street Springfield, IL 62701-1109 Document Control Desk - Licensing Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Dwain W. Alexander, Project Manager Westinghouse Electric Corporation Energy Systems Business Unit Post Office Box 355 Pittsburgh, PA 15230 Joseph Gallo Gallo & Ross 1025 Connecticut Ave., NW, Suite 1014 Washington, DC 20036 Howard A. Learner Environmental Law and Policy Center of the Midwest 35 East Wacker Drive Suite 1300 Chicago, IL 60601-2110 U.S. Nuclear Regulatory Commission Byron Resident Inspectors Office 4448 North German Church Road Byron, IL 61010-9750 Ms. Lorraine Creek RR 1, Box 182 Manteno, IL 60950 Chairman, Ogle County Board Post Office Box 357 Oregon, IL 61061 Mrs. Phillip B. Johnson 1907 Stratford Lane Rockford, IL 61107 Attorney General 500 S. Second Street Springfield, IL 62701 Byron Station Plant Manager Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794 Site Vice President - Byron Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794 Senior Vice President - Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President of Operations - Mid-West Pressurized Water Reactors Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chairman Will County Board of Supervisors Will County Board Courthouse Joliet, Illinois 60434
Byron Station Units 1 and 2 Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regulatory Assurance Manager - Byron Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794 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 and Byron Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555
EXELON GENERATION COMPANY, LLC BYRON NUCLEAR POWER STATION, UNIT 1 DOCKET NO. 50-454 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-37 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-37 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. NPF-37 DOCKET NO. 50-454 Replace the following page of Facility Operating License NPF-37 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 4b 4b
- 4b -
D.
The facility requires no exemptions from the requirements of 1 0 CFR Part 50.
E.
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:
"Byron Nuclear Power Station Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 21, 2004.
1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 115 Revised by letter dated October 28, 2004
EXELON GENERATION COMPANY, LLC BYRON NUCLEAR POWER STATION, UNIT 2 DOCKET NO. 50-455 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. NPF-66 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-66 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. NPF-66 DOCKET NO. 50-455 Replace the following page of Facility Operating License NPF-66 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 4b 4b
- 4b -
D.
The facility requires no exemptions from the requirements of 10 CFR Part 50.
An exemption was previously granted pursuant to 10 CFR 70.24. The exemption was granted with NRC materials license No. SNM-1916, issued March 4,1985, and relieved the licensee from the requirement of having a criticality alarm system. Therefore, the licensee is 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.
E.
The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the licensee's Fire Protection Report and the licensee's letters dated September 23, 1986, October 23, 1986, November 3, 1986, December 12 and 15, 1986, and January 21, 1987, and as approved in the SER dated February 1982 through Supplement No. 8, 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 a fire.
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:
"Byron Nuclear Power 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 1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 115 Revised by letter dated October 28, 2004