ML050670113
| ML050670113 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 01/11/2005 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Barron H Duke Energy Corp |
| Byrdsong A T | |
| References | |
| 50-413-0LA, 50-414-0LA, ASLBP 03-815-03-OLA, Catawba-Applicant-15 (SEC-8), RAS 9454 | |
| Download: ML050670113 (4) | |
Text
DUKE EXHIBIT 15 NUCLEAR REGULATORY COMMISSION UNITED STATES Docket No,.6 In the matt -
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NUCLEAR REGULATORY COMMISSION WASHINGTON, A-2--
October 29, 2004Uetr__ __
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Mr. Henry B. Barron Group Vice President, Nuclear Generation and Chief Nuclear Officer Duke Energy Corporation P. O. Box 1006-ECO7H Charlotte, NC 28201-1006 SUBJECT' WILIAM B. MCGUIRE NUCLEAR STATION, UNITS I AND 2, CATAWBA NUCLEAR STATION, UNITS 1 AND 2, AND OCONEE NUCLEAR STATION, UNITS 1, 2 AND 3 - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSES IN CONJUNCTION WITH THE COMMISSION ORDER EA4)3-086 REGARDING REVISED DESIGN BASIS THREAT (DBT1; AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (MC2936, MC2937, MC2902, MC2903, M02945, MC2946, AND MC2947)
Dear Mr. Barron:
By letter dated April 27, 2004, Duke Energy Corporation 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 William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units I and 2, and Oconee Nuclear Station, Units 1, 2 and 3.
Section IIIlA of the DBT Order required licensees to revise physical security plans (PSPs), training and qualification plans (T&Q Plans), and safeguards contingency plans (SCPs) 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.
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In the revised security plans for William B. McGuire Nuclear Station, Units I and 2, and Oconee Nuclear Station, Units 1, 2, and 3, you included Information related to the Independent spent fuel storage Installation (ISFSI) co-located at the sites. The DBT Order did not require this Information to be included Inthe revised security plans for William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, Oconee Nuclear Station, Units 1, 2 and 3. However, Order EA-02-104, dated October 16, 2002, required licensees to comply with the requirements, set forth Inan 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 Inthe revised security plans for William B. McGuire Nuclear Station, Units I and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3 related to the ISFSI, modified the response you provided to Order EA-02-104. By letter dated September 30, 2004, (Mc;uire) and September 23, 2004, (Oconee) you Indicated that the actions you have taken In response to Order EA-02-104 remain essentially unchanged and therefore, there Is no decrease In effectiveness of the protective measures In place for the ISFSls. The effectiveness of these security provisions will continue to be the subject of NRC review and inspection.
The NRC staff's review of the William S. McGuire Nuclear Statlon, Units I and 2, Catawba Nuclear Station, Units 1 and 2, and Oconee Nuclear Station, Units 1, 2 and 3 PSP, SCP, and T&Q Plan submitted In your letter dated April 27,2004, as supplemented on July 7, 2004, July 13, 2004, July 22, 2004, August 2,2004, August 9, 2004, August 12, 2004, September 8, 2004, September 30, 2004, October 15, 2004, October 21, 2004, and October 27, 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.
Included as Appendix E In your PSP are the physical security provisions associated with the receipt and storage of unirradiated mixed oxide (MOX) lead fuel assemblies at Catawba. On May 5, 2004, the NRC staff issued a safety evaluation that documented the technical and regulatory disposition of these provisions. As you are aware, the use of MOX lead fuel assemblies at Catawba Is subject to ongoing litigation. Included within the scope of the litigation are the physical security measures for the protection of unirradiated MOX fuel. Given the ongoing litigation, NRC approval of MOX security provisions described InAppendix E of your PSP will be provided, should It be appropriate, under separate correspondence.
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 William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units 1 and 2, Oconee Nuclear Station, Units 1, 2 and 3 will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for William B. McGuire Nuclear Station, Units 1 and 2, Catawba Nuclear Station, Units I and 2, and Oconee Nuclear Station, Units 1, 2 and 3. 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
H. B. Barron 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) Sectlon 73.55. In each case, the NRC staff found that the alternative measures provide an equivalent level of protection to that of the associated requirement and meet the high assurance objective of 10 CFR 73.55(a). The NRC staff, therefore. approves the alternatives shown In the table below. The NRC staff's evaluation
-is discussed further in the enclosed Safety Evaluation (SE).
Annroved Alternatives to the Reauirements of 10 CFR Part 73 SE Section PSP Alternative to Description Section 10 CFR 3.6.2 6.2 7355(c)(2) Protected Area (PA)Nital Area (VA) barrier separation requirements 3.6.2 6.2 73.55(c)(3) Isolation Zones 3.9.4.3 9.4.3 73.55(d)(4) 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)(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) Temporary reclassifioation of VA to PA 73.55(d)(7)Q()(B) status (devitalization)
Finally, consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat, Issued on April 29, 2003, conforming administrative changes to Renewed Facility Operating Licenses (FOLs) are required to ensure Implementation of the DBT Order requirements. Therefore, administrative license changes to Renewed FOLs Nos. NPF-9 and NPF-17, NPF-35, NPF-52, DPR-38, DPR-47, and DPR-55 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 1.
H. B. Barron Please replace the enclosed pages to your Renewed FOLs as indicated in the enclosure.
A copy of our SE with regards to your security plans (designated as Safeguards Information) is provided in Enclosure 2.
Sincerel nA. Nakoski, Chief rtty Plan Review Team Project Directorate II Division of LUcensing Project Management Office of Nuclear Reactor Regulatlon Docket Nos. 50-369, 50-370, 50-413, 50-414, 50-269, 50-270, 50-287
Enclosures:
- 1. Administrative Change to Renewed FOL Nos. NPF-9, NPF-17, NPF-35, NPF-52, DPR-38, DPR-47. ard DPR-55
- 2. SE Regarding the Security Plans (SAFEGUARDS INFORMATION) cc w/encl I only: See Mailing Ust cc w/encis 1 and 2: Mr. David G. Black Mr. W. T. Byers Ill Mr. Terry King