ML051030167
| ML051030167 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/23/2004 |
| From: | O'Connor T Constellation Energy Group |
| To: | Dyer J Office of Nuclear Reactor Regulation |
| References | |
| EA-04-190, NMP1L 1889 | |
| Download: ML051030167 (4) | |
Text
P.O. Box 63 Lycoming, NY 13093 Constellation Energy-Nine Mile Point Nuclear Station November 23, 2004 NMP1L 1889 Mr. J. E. Dyer Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, DC 20555
SUBJECT:
Nine Mile Point Nuclear Station Unit Nos. I & 2; Docket Nos. 50-220 & 50-410 Request for Extension of Time to Submit an Answer or Request a Hearing Related to the November 5, 2004 Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190)
REFERENCE:
(a) Letter from Mr. J. E. Dyer (NRC) to Holders of Licenses for Power and Research and Test Reactors, dated November 5, 2004, Issuance of Order Imposing Requirements for Protecting Certain Safeguards Information (Order EA-04-190)
Section IV of Reference (a), states that, in accordance with 10 CFR 2.202, the recipient of the Order must submit an answer to the Order, and may request a hearing on the Order, within 20 days of the date of the Order. Attachment 2 to the Order contains detailed requirements which recipients of the Order must meet.
Pursuant to the provisions of Section IV of the Order, Nine Mile Point Nuclear Station, LLC hereby requests an extension of time in which to submit an answer or request a hearing. The implications of the Order to licensees who have a program for controlling Safeguards Information that meets all current regulatory requirements is not clear. We believe the granting of time is both necessary and appropriate to ensure that the Commission's intent of the Order and how it is to be implemented is clear.
We request an extension of time to answer the Order, not to exceed 20 days after clarification of the following issues:
- 1. Clarify that an existing Safeguards Information program can be used, how it can be used to satisfy the Order (i.e., a separate Safeguards Information-Modified Handling (SGI-M) program is not required), and that no changes to that Safeguards Information program are required by the Order.
- 2. Clarify those areas where Attachment 2 of the Order establishes different, and in some cases, more restrictive requirements than our existing Safeguards Information program..3
- 3. Provide resolution of potential programmatic compliance issues arising when a licensee uses its existing Safeguards Information program, but must interface with an entity using
Page 2 NMP1L 1889 an SGI-M program where the requirements are different (e.g., double versus single envelopes; differing requirements on telecommunications).
The need for clarification regarding these and related issues constitutes good cause for the requested extension to be granted. During this period, we will control all material designated SGI-M under our existing Safeguards Information program. We also request that the Commission exercise enforcement discretion during this period.
Should you have questions regarding this matter, we will be pleased to dis uss them with you.
Tim J. O'Connor pi eneral Manager TJO/JJD/jm
Page 3 NMPIL 1889 STATE OF NEW YORK TO WIT:
COUNTY OF OSWVEGO I, Timothy J. O'Connor, being duly sworn, state that I am Plant General Manager, and that I am duly authorized to execute and file this request on behalf of Nine Mile Point Nuclear Station, LLC. To the best of my knowledge and belief, the statements contained in this document are true and correct. To the extent that these statements are not based on my personal knowledge, they are based upon information provided by other Nine Mile Point employees and/or consultants. Such information has been reviewed in accordance with compa practice and I believe it to be reliable.
7 T~t'xty J. 04Connor nt General Manager Subscribed and sworn before me, a Notary Public in and for the State of New York and County of Oswego, this c3 day of 96V"?rt
, 2004.
WITNESS my Hand and Notarial Seal:
Notary Public My Commission Expires:
AL w-tL c?3, a
-f Date LISA m. cLARtK Noiy Public bhe Sof New York OSWego County Reg. No. O1PL602922O eCm@sE/
Page 4 NMPIL 1889 cc:
Document Control Desk (NRC)
Mr. S. J. Collins, NRC Regional Administrator, Region I Mr. G. K. Hunegs, NRC Senior Resident Inspector Mr. P. S. Tam, Senior Project Manager, NRR Secretary, Office of the Secretary of the Commission (NRC)
Director, Office of Nuclear Material Safety and Safeguards (NRC)
Assistant General Counsel for Materials Litigation and Enforcement (NRC)