ML050310020
| ML050310020 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/11/2005 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | O'Connor T Nine Mile Point |
| Tate T, NRR/DLPM, 415-8474 | |
| References | |
| EA-04-190 | |
| Download: ML050310020 (4) | |
Text
April 11, 2005 EA-04-190 Mr. Timothy J. OConnor Plant General Manager Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093
SUBJECT:
NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2 - REQUEST FOR EXTENSION OF TIME TO REPLY TO NOVEMBER 5, 2004, ORDER IMPOSING REQUIREMENTS FOR PROTECTING CERTAIN SAFEGUARDS INFORMATION
Dear Mr. OConnor:
By letter dated November 22, 2004, you requested an extension of time to respond to the above referenced Order. You requested the extension until 20 days after receiving clarifications from the U.S. Nuclear Regulatory Commission (NRC) regarding differences between the implementation of the SAFEGUARDS information - MODIFIED HANDLING (SGI-M) requirements provided in the November 5, 2004, Order, and the SAFEGUARDS Information program carried out by your facility for handling SAFEGUARDS information (SGI) pertaining to special nuclear material under the provisions of Title 10 of the Code of Federal Regulations (10 CFR) Part 73.21. In your extension request, you indicated that the SGI-M designated information transmitted with the Order would be managed during the extension period under the provisions of the 10 CFR Part 73 SAFEGUARDS Information program currently being used at your facility.
Licensees who currently have a SAFEGUARDS Information program approved under 10 CFR 73.21 may use that program to control SGI-M, as designated by Commission Orders.
The NRC considers that 10 CFR Part 73 SAFEGUARDS Information programs are adequate for protection of SGI-M. As a general matter, an acceptable response to the November 5, 2004, Order, is that the designated SGI-M will be handled under the same provisions as the current 10 CFR Part 73 SAFEGUARDS Information program.
Licensees who currently have a SAFEGUARDS Information program approved under 10 CFR 73.21 will find it necessary to ensure that their program adequately addresses the following circumstances associated with SGI-M:
T. J. OConnor 1.
When information is transmitted, whether by letter or electronic means, to a licensee who only has an SGI-M program, the handling provisions described in the November 5, 2004, Order, must be followed to prevent the receiving licensee from potentially violating the provisions of the Order. Specifically, licensees with approved 10 CFR Part 73 SAFEGUARDS Information programs should ensure that the provisions of the November 5, 2004, Order, associated with double wrapping, electronic transfer, portion marking, and top and bottom SGI-M page designations on each page are carried out when information is transmitted to a licensee who has an SGI-M program.
These SGI-M handling provisions need only be applied to SGI-M which is received or generated after the date of the November 5, 2004, Order. It should not be construed that SGI documents administered under the 10 CFR Part 73 SAFEGUARDS Information program are to be retroactively modified to conform to the SGI-M marking designations.
- 2.
SGI-M may be stored in a key-locked filing cabinet, whereas 10 CFR Part 73 SGI must be stored in an approved security container. Licensees who currently have a SAFEGUARDS Information program approved under 10 CFR 73.21, and respond that all SGI-M will be managed under the 10 CFR Part 73 program, could either: (a) store SGI-M in accordance with its SAFEGUARDS Information program under 10 CFR Part 73; or (b) modify their procedures to allow SGI-M storage in a key-locked filing cabinet, in compliance with the November 5, 2004, Order. This modification, if adopted, would help to avoid potential inadvertent violations of the facilitys SAFEGUARDS Information program, if the SGI-M is not stored in a security container approved for SGI.
This letter clarifies the issues you raised, which constituted good cause for an extension, and grants your request for an extension of time to respond to the November 5, 2004, Order, until 20 days from the date of this letter.
Please contact the NRC licensing project manager if you have any questions regarding these clarifications.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410 cc: See next page
T. J. OConnor 1.
When information is transmitted, whether by letter or electronic means, to a licensee who only has an SGI-M program, the handling provisions described in the November 5, 2004, Order, must be followed to prevent the receiving licensee from potentially violating the provisions of the Order. Specifically, licensees with approved 10 CFR Part 73 SAFEGUARDS Information programs should ensure that the provisions of the November 5, 2004, Order, associated with double wrapping, electronic transfer, portion marking, and top and bottom SGI-M page designations on each page are carried out when information is transmitted to a licensee who has an SGI-M program.
These SGI-M handling provisions need only be applied to SGI-M which is received or generated after the date of the November 5, 2004, Order. It should not be construed that SGI documents administered under the 10 CFR Part 73 SAFEGUARDS Information program are to be retroactively modified to conform to the SGI-M marking designations.
- 2.
SGI-M may be stored in a key-locked filing cabinet, whereas 10 CFR Part 73 SGI must be stored in an approved security container. Licensees who currently have a SAFEGUARDS Information program approved under 10 CFR 73.21, and respond that all SGI-M will be managed under the 10 CFR Part 73 program, could either: (a) store SGI-M in accordance with its SAFEGUARDS Information program under 10 CFR Part 73; or (b) modify their procedures to allow SGI-M storage in a key-locked filing cabinet, in compliance with the November 5, 2004, Order. This modification, if adopted, would help to avoid potential inadvertent violations of the facilitys SAFEGUARDS Information program, if the SGI-M is not stored in a security container approved for SGI.
This letter clarifies the issues you raised, which constituted good cause for an extension, and grants your request for an extension of time to respond to the November 5, 2004, Order, until 20 days from the date of this letter.
Please contact the NRC licensing project manager if you have any questions regarding these clarifications.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket Nos. 50-220 and 50-410 cc: See next page DISTRIBUTION:
PUBLIC DNS R/F RZimmerman JDyer AGiantelli RFoster SYoung OGC ACRS PDI ADAMS Accession No. ML050310020 OFFICE SC:MTWS/DNS PD:NSPPD/DNS OGC D:DNS/NSIR D:NSIR D:NRR NAME MLayton:jph*
MLayton for JWShea JGoldberg DDorman for GTracy RZimmerman JDyer DATE 12/23/04 12/29/04 12/30/04 12/30/04 1/05/05 OFFICE DLPM/PM DLPM/LA DLPM/SC DLPM/PD DLPM/D NAME PTam SLittle RLaufer CHolden LMarsh DATE 3/3/05 4/4/05 4/4/05 4/6/05 4/8/05 OFFICIAL FILE COPY
Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 cc:
Mr. Michael J. Wallace President Nine Mile Point Nuclear Station, LLC c/o Constellation Energy Group, Inc.
750 East Pratt Street Baltimore, MD 21202 Mr. Mike Heffley Senior Vice President and Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 500 Annapolis, MD 21401 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James R. Evans LIPA P.O. Box 129 Lycoming, NY 10393 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. Paul D. Eddy Electric Division NYS Department of Public Service Agency Building 3 Empire State Plaza Albany, NY 12223 C. Adrienne Rhodes Chairman and Executive Director State Consumer Protection Board 5 Empire State Plaza, Suite 2101 Albany, NY 12223-1556 Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street, NW Washington, DC 20005-3502 Mr. James M. Petro, Jr., Esquire Counsel Constellation Energy Group 750 East Pratt Street, 5th Floor Baltimore, MD 21202 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Ms. Deb Katz, Executive Director Nuclear Security Coalition c/o Citizens Awareness Network P.O. Box 83 Shelburne Falls, MA 01370