ML050620519

Ltr. Administrative Changes to Physical Security Plan, Training and Qualification Plan, Safeguards Contingency Pursuant Commission Order EA-03-086 (Tac No. MC2920)

ML050620519
Person / Time
Site:	Fermi
Issue date:	01/25/2005
From:	John Nakoski NRC/NRR/DLPM/LPD2
To:	O'Connor W Detroit Edison
Beaulieu, David, NRR/DLPM, 415-3243
References
EA-03-086, FOL No. NPF-43, SE Sec. 3.3, 3.7, 3.9, 4.1, TAC MC2920
Download: ML050620519 (6)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFEGUARDS INFORMATION January25, 2005 Mr. William T. O'Connor, Jr.

Vice President - Nuclear Generation Detroit Edison Company Fermi, Unit 2 6400 North Dixie Highway Newport, Ml 48166

SUBJECT:

FERMI, UNIT 2 - CORRECTION OF ADMINISTRATIVE CHANGE TO LICENSE PAGE AND SAFETY EVALUATION REGARDING REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PURSUANT TO COMMISSION ORDER EA-03-086 (TAC MC2920)

Dear Mr. O'Connor:

By letter dated April 28, 2004, Detroit Edison 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 the Fermi, Unit 2 (Fermi 2).

By letter dated October 29, 2004, the Nuclear Regulatory Commission (NRC) issued a safety evaluation (SE) documenting its approval of the Fermi 2 physical security plan, training and qualification plan, and safeguards contingency plan, and an administrative license change to the Fermi 2 Facility Operating License (FOL No. NPF-43) to incorporate the reference to the NRC-approved plans.

By letter dated November 12, 2004, you noted that the change to the license page did not reflect your lastest submittal and provided comments on the staff's SE to more accurately reflect, in your view, the Fermi 2 security plans as submitted. You noted that several of these comments were discussed with the NRC staff on November 3, 2004. For the most part, the inconsistencies you identified were either editorial in nature or clarified the SE with regard to statements made in the revised security plans. The corrections made to the SE did not affect the NRC staff's previous evaluation of the revised security plans. Most of the comments you proposed were NOTICE: The Enclosure 2 to this letter contains Safeguards Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.

SAFEGUARDS INFORMATION

W. T. O'Connor incorporated into the enclosed corrected pages to the SE (Safeguards Information). However, your comments on SE Sections 3.3, 3.7, 3.9.4.1 (10th paragraph), 3.9.5.2, and 5.5 were not incorporated since the staff concluded that the SE as written is consistent with your approved physical security plans.

Please replace the enclosed page to your FOL as indicated in Enclosure 1. Also, please replace the pages to your SE as indicated in Enclosure 2. We regret any inconvenience this may have caused. If there are any further questions, please call Mr. David Beaulieu at (301) 415-3243.

Sincerely, iJhn A. Nakoski, Chief, Section 1

\,rject Directorate 11 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-341

Enclosures:

1. Administrative Change to FOL No. NPF-43

2. Correction to Safety Evaluation Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/o end 2: See Mailing List cc w/encls: Joe Korte, Site Security Manager

Fermi 2 cc w/o encl. 2:

Mr. Peter Marquardt Legal Department 688 WCB Detroit Edison Company 2000 2nd Avenue Detroit, Ml 48226-1279 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, Ml 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 W. Dixie Highway Newport, Ml 48166 Monroe County Emergency Management Division 963 South Raisinville Monroe, Ml 48161 Regional Administrator, Region Ill U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Norman K. Peterson Director, Nuclear Licensing Detroit Edison Company Fermi 2 - 280 TAC 6400 North Dixie Highway Newport, Ml 48166

CHANGES TO FACILITY OPERATING LICENSE NO. NPF-43 DOCKET NO. 50-341 Replace the following page of the Facility Operating License NPF-43 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 8 8 Enclosure 1

D. Exemptions from certain requirements of Appendices E and J to 10 CFR Part 50, are described in supplements to the SER. These include: (a) an exemption from the requirement of Section IV.F of Appendix E that a full participation emergency planning exercise be conducted within one year before issuance of the first operating license for full power and prior to operation above five percent of rated power (Section 13.3 of SSER #6); (b) an exemption from the requirement of Paragraph I I.C.2(b) of Appendix J, the testing of the main steam isolation valves at the peak calculated containment pressure associated with the design basis accident (Section 6.2.7 of SSER #5); and (c) an exemption from the requirement of Paragraph II.D.2(b)(ii) of Appendix J, the testing of containment air locks at times when containment integrity is not required (Section 6.2.7 of SSER #5).

These exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

Therefore, these exemptions are hereby granted pursuant to 10 CFR 50.12.

With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

E. The licensee 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 to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Fermi 2 Physical Security Plan, Security Training and Qualification Plan, and Safeguards Contingency Plan" submitted by letter dated September 9, 2004, and supplemented on October 7, 2004, and October 29, 2004.

F. Deleted G. The licensees 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.

Amendment No. 163 Revised by letter dated Otctber .9 , 2004 January25, 2005 I

W. T. O'Connor January 25, 2005 incorporated into the enclosed corrected pages to the SE (Safeguards Information). However, your comments on SE Sections 3.3, 3.7, 3.9.4.1 (10th paragraph), 3.9.5.2, and 5.5 were not incorporated since the staff concluded that the SE as written is consistent with your approved physical security plans.

Please replace the enclosed page to your FOL as indicated in Enclosure 1. Also, please replace the pages to your SE as indicated in Enclosure 2. We regret any inconvenience this may have caused. If there are any further questions, please call Mr. David Beaulieu at (301) 415-3243.

Sincerely,

/RA/

John A. Nakoski, Chief, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-341

Enclosures:

1. Administrative Change to FOL No. NPF-43

2. Correction to Safety Evaluation Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/o end 2: See Mailing List cc w/encls: Joe Korte, Site Security Manager DISTRIBUTION w/o Enclosure 2:

PUBLIC SPRT R/F OGC ACRS THarris DBeaulieu LRaghavan WRuland GHill (2) DLPM DPR TBoyce SReynolds, RI11