ML043170657
| ML043170657 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 10/28/2004 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Domonique Malone, Rowland B Nuclear Management Co |
| Nakoski J A, NRR/DLPM, 415-1068 | |
| References | |
| EA-03-086, TAC MC2949 | |
| Download: ML043170657 (9) | |
Text
SAFEGUARDS INFORMATION October 28, 2004 Mr. Daniel J. Malone Site Vice President c/o Mr. Bruce Rowland Nuclear Management Company, LLC Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530
SUBJECT:
PALISADES NUCLEAR PLANT-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 QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NO. MC2949)
Dear Mr. Malone:
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 Palisades Nuclear Plant (PNP).
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.
In the revised security plans for PNP, 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 PNP. 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 PNP 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 NOTICE: Enclosure 2 contains Safeguards Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.
D. J. Malone Orders at PNP. The NRC staff review of the changes made to the ISFSI-related security information provided in your revised security plans is currently in progress and the NRC staff findings regarding this information will be provided to you under separate correspondence.
The NRC staffs review of the PNP PSP, SCP, and T&Q Plan submitted in your letter dated April 29, 2004, as supplemented on July 29, August 5, August 13, August 25, August 30, September 29, 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 PNP will be protected against the revised DBT. The NRC staff, therefore approves the for PNP. 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 6.2 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)
D. Finally, consistent with the DBT Order, 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-20 is being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan 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 to your FOL as indicated in Enclosure 1.
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, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-255
Enclosures:
- 2. SE Regarding the Security Plans (SAFEGUARDS) cc w/encl 1only: See mailing list 1 cc w/encls 1 and 2: Bruce Rowland, Security Manager
D. Finally, consistent with the DBT Order, 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-20 is being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan 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 to your FOL as indicated in Enclosure 1.
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, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-255
Enclosures:
- 2. SE Regarding the Security Plans (SAFEGUARDS) cc w/encl 1only: See mailing list 1 cc w/encls 1 and 2: Bruce Rowland, Security Manager
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DISTRIBUTION:
PUBLIC SPRT R/F OGC ACRS THarris JStang LRaghavan WRuland GHill (2)
DLPM DPR TBoyce SReynolds, RIII Accession No.: ML043170657 OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME MBurrell BVaidya CRaynor JPeralta DCummings SMorris JNakoski DATE 10/28/04 10/28/04 10/28/04 10/28/04 10/28/04 10/27/04 10/27/04 OFFICIAL RECORD COPY
Palisades Plant cc w/o encl.:
Robert A. Fenech, Senior Vice President Nuclear, Fossil, and Hydro Operations Consumers Energy Company 1945 Parnall Rd.
Jackson, MI 49201 Arunas T. Udrys, Esquire Consumers Energy Company 1 Energy Plaza Jackson, MI 49201 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Supervisor Covert Township P. O. Box 35 Covert, MI 49043 Office of the Governor P. O. Box 30013 Lansing, MI 48909 U.S. Nuclear Regulatory Commission Resident Inspector's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, MI 49043 Michigan Department of Environmental Quality Waste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 Michigan Department of Attorney General Special Litigation Division 525 West Ottawa St.
Sixth Floor, G. Mennen Williams Building Lansing, MI 48913 Manager, Regulatory Affairs Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043 Director of Nuclear Assets Consumers Energy Company Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043 John Paul Cowan Executive Vice President & Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Jonathan Rogoff, Esquire Vice President, Counsel & Secretary 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 Daniel J. Malone Site Vice President Palisades Nuclear Plant Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043
NUCLEAR MANAGEMENT COMPANY, LLC.
DOCKET NO. 50-255 PALISADES NUCLEAR PLANT ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-20 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-20 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 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-20 DOCKET NO. 50-255 Replace the following page of the Facility Operating License No. DPR-20 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 5
5 E. NMC shall fully implement and maintain in effect all provisions of the Commission-l approved physical security, training and qualification, and safeguards contingency l
plans including amendments made pursuant to provisions of the Miscellaneous l
Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 l
and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The l
combined set of plans, which contains Safeguards Information protected under 10 l
CFR 73.21, is entitled: "Nuclear Management Company Palisades Nuclear Plant l
Physical Security Plan, Revision 0, " submitted by letter dated October 18, 2004.
l F. The licensee shall report any violations of Section 2.C(1) of this license 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 follow-up within 60 days in accordance with 10 CFR 50.73(b), (c), and (e).
G. Consumers Energy Company 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.
H. This license is effective as of the date of issuance and shall expire at midnight on March 24, 2011.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By: Thomas E. Murley Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments:
- 1. Appendix A - Technical Specifications
- 2. Appendix B - Environmental Protection Plan Date of Issuance: February 21, 1991 Amendment No. 201, 203 Revised by letter dated October 28, 2004