ML051100243

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Administrative Change to Facility Operating Licenses in Conjunction with the Commission Order EA-03-086 Regarding Revised Design Basis Threat (Dbt); and Revisions to Physical Security Plan.
ML051100243
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 10/28/2004
From: John Nakoski
NRC/NRR/DLPM/LPD3
To: Solymossy J
Nuclear Management Co
Chawla M, 415-8371, NRR/DLPM
References
EA-03-086, TAC MC2959, TAC MC2960
Download: ML051100243 (14)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055540001 SAFEGUARDS INFORMATION October 28, 2004 Mr. Joseph M. Solymossy Site Vice President c/o Mr. Anthony Qualantone Nuclear Management Company, LLC Prairie Island Nuclear Generating Plant, Units 1 and 2 1717 Wakonade Drive East Welch, MN 55089-9642

SUBJECT:

PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 -

ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSES IN CONJUNCTION WITH THE COMMISSION ORDER EA-03-086 REGARDING REVISED DESIGN BASIS THREAT (DBT); AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATIONS PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NOS. MC2959 AND MC2960)

Dear Mr. Solymossy:

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 Prairie Island Nuclear Generating Plant, Units 1 and 2 (PINGP).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 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.

Inthe revised security plans for PING P, 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 PINGP. 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.

I NOTICE: Enclosure 2 contains Safeguards Information. Upon separation from Enclosure 2, this letter IsDECONTROLLED.

SAFEGUARDS INFORMATION

J. M. Solymossy On September 10, 2004, the NRC staff requested that you clarify whether the information provided in the revised security plans for PINGP 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 ISFSI-related security provisions carried out In response to Orders EA-02-104. The effectiveness of these security provisions will continue to be the subject of NRC review and inspection.

The NRC staff's review of the PINGP PSP, SCP, T&Q Plan submitted in your letter dated April 29, 2004, as supplemented on July 29, August 5, August 25, August 30, September 30, 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, subject to subsequent Inspection and evaluation, that these plans contain the necessary programmatic elements that, when effectively implemented, will provide the required high assurance that PINGP, Units 1 and 2 will be protected against the revised DBT. The NRC staff, therefore approves the PSP, SCP, and T&Q Plan for PINGP, Units 1 and 2. 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 itle 10 of the Code of FederalRegulations(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 inthe table below. The NRC staffs evaluation is discussed further Inthe enclosed Safety Evaluation (SE).

J. M. Solymossy Aporoved Alternatives to the Requirements of 10 CFR Part 73 SE Section PSP Alternative to Description

_ Section 10 CFR 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)(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 reclassification of Vital 73.55(d)(7)(i)(B) Areas to PA status (devitalization)

Finally, consistent with the DBT Order, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements.

Therefore, administrative license changes to FOL Nos. DPR-42 and DPR-60 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.

Please replace the enclosed pages to your FOLs as indicated In Enclosure 1.

A copy of our SE with regards to your security plans (designated as Safeguards Information) Is provided in Enclosure 2.

Sincerely, J n akoski, Chief S urity Plan Review Team oject Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306

Enclosures:

1.Administrative Change to FOL Nos. DPR-42 and DPR-60

2. SE Regarding the Security Plans (SAFEGUARDS) cc w/encl 1 only: See next page cc w/encis 1 and 2: Mr. Anthony Qualantone

.J. [VI. OuIY[JSy Avoroved Alternatives to the Requirements of 10 CFR Part 73 SE Section l PSP l Alternative to l Description Section 10 CFR I 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)(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 reclassification of Vital 73.55(d)(7)(i)(B) Areas to PA status (devitalization)

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 Nos. DPR-42 and DPR-60 is 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 I.

Please replace the enclosed pages to your FOLs as indicated in Enclosure 1.

A copy of our SE with regards to your security plans (designated as Safeguards Information) is provided in Enclosure 2.

Sincerely, John A. Nakoski, Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306

Enclosures:

1. Administrative Change to FOL Nos. DPR-42 and DPR-60
2. Safety Evaluation Regarding the Security Plans (SAFEGUARDS) cc w/encl 1 only: See next page cc w/encls 1 and 2: Mr. Anthony Qualantone

'G-I DISTRIBUTION (wlo Enclosure 2)

PUBLIC SPRT R/F OGC ACRS THarris MChawla LRaghavan WRuland GHill (4) DLPM DPR TBoyce SReynolds, Rill Accession No.:

OFFICE SA KL lSPRT/PM SPRT/LA SPRT/PL OGC NSIR/SC NRR/SC NAME g i BVaidya JPeralta odor w 1 SMorris JNakosI lDATE _______ AiW _ otq yoI4 4 /aW71S+ JI&

DOCUMENT NAME: A\pralrie Island cover etter &lic change pages-I 01 004.wpd OFFICIAL RECORD COPY

Prairie Island Nuclear Generating Plant, Units 1 and 2 cc: w/o encl.:

Jonathan Rogoff, Esquire Nuclear Asset Manager Vice President, Counsel & Secretary Xcel Energy, Inc.

Nuclear Management Company, LLC 414 Nicollet Mall, R.S. 8 700 First Street Minneapolis, MN 55401 Hudson, WI 54016 John Paul Cowan Manager, Regulatory Affairs Executive Vice President & Chief Nuclear Prairie Island Nuclear Generating Plant Officer Nuclear Management Company, LLC Nuclear Management Company, LLC 1717 Wakonade Drive East 700 First Street Welch, MN 55089 Hudson, WI 54016 Manager - Environmental Protection Craig G. Anderson Division Senior Vice President, Group Operations Minnesota Attorney General's Office Nuclear Management Company, LLC 445 Minnesota St, Suite 900 700 First Street St. Paul, MN 55101-2127 Hudson, WI 54016 U.S. Nuclear Regulatory Commission Mr. Joseph M.Solymossy Resident Inspector's Office Site Vice President 1719 Wakonade Drive East Prairie Island Nuclear Generating Plant Welch, MN 55089-9642 Nuclear Management Company, LLC 1717 Wakonade Drive East Regional Administrator, Region IlI Welch, MN 55089 U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Administrator Goodhue County Courthouse Box 408 Red Wing, MN 55066-0408 Commissioner Minnesota Department of Commerce 121 Seventh Place East Suite 200 St. Paul, MN 55101-2145 Tribal Council Prairie Island Indian Community ATTN: Environmental Department 5636 Sturgeon Lake Road Welch, MN 55089

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 NUCLEAR MANAGEMENT COMPANY, LC DOCKET NO. 50-282 PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNIT 1 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-42 The Nuclear Regulatory Commission (the Commission) has found that:

A. When the Commission issued EA-03-086, the Order requiring compliance with the revised design basis threat, (DBT Order) on April 29, 2003, the Commission determined that conforming administrative license changes to Facility Operating Licenses (FOLs) were required to ensure implementation of the DBT Order requirements and the FOLs were consistent. Therefore, an administrative license change to FOL No. DPR-42 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency and Plan, and Security Training and Qualification Plan required by the DBT Order that complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), 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.

Enclosure 1

I

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 J nA Nakoski, S curity Plan Review Team ject Directorate 11 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-42 DOCKET NO. 50-282 Replace the following pages of the Facility Operating License DPR-42 with the attached revised pages as indicated. The revised pages are identified by page number and contains marginal lines indicating the area of change.

Remove Page Insert Page 3 3 4 4

(4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, NMC to receive, possess and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument and equipment calibration or associated with radioactive apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30 and 70, NMC to possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility; (6) Pursuant to the Act and 10 CFR Parts 30 and 70, NMC to transfer byproduct materials from other job sites owned by Northern States Power Company for the purpose of volume reduction and decontamination.

C. This amended license shall be deemed to contain and is subject to the conditions specified inthe following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of Part 30, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level NMC is authorized to operate the facility at steady state reactor core power levels not in excess of 1650 megawatts thermal.

(2) Technical Specefications The Technical Specifications contained in Appendix A, as revised through Amendment No. 163, are hereby Incorporated inthe license. NMC shall operate the facility in accordance with the Technical Specifications.

(3) Physical Protection NMC shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard 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 combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: Prairie Island Nuclear Generating Plant Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, and Independent Spent Fuel Storage Installation Security Program, Revision O," submitted by letter dated October 18, 2004.

Unit 1 Amendment No. 458 Revised by letter dated October 28, 2004

-I (4) Fire Protection NMC shall implement and maintain in effect all provisions of the approved fire protection program as described and referenced in the Updated Safety Analysis Report for the Prairie Island Nuclear Generating Plant, Units 1 and 2, and as approved in Safety Evaluation Reports dated February 14, 1978, September 6, 1979, April 21, 1980, December 29, 1980, July 28, 1981, October 27, 1989, and October 6, 1995, subject to the following provision:

NMC may make changes to the approved Fire Protection Program without prior approval of the Commission only ifthose changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(5) Additional Conditions The Additional Conditions contained in Appendix B, as revised through Amendment No. 161, are hereby incorporated into this license. NMC shall operate the facility in accordance with the Additional Conditions.

2. D. This license is effective as of the date of Issuance and shall expire at midnight August 9, 2013.

FOR THE ATOMIC ENERGY COMMISSION Original Signed by Roger S Boyd A. Glambusso, Deputy Director for Reactor Projects Directorate of Licensing Attachments:

1. Appendix A - Technical Specifications
2. Appendix B - Additional Conditions Date of Issuance: APR 5 1974 Unit 1 Amendment No. IM Revised by letter dated October 28, 2004

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 NUCLEAR MANAGEMENT COMPANY, LLC DOCKET NOS 50-306 PRAIRIE ISLAND NUCLEAR GENERATING PLANT. UNIT 2 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-60

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. Consistent with Order EA-03-086, the Order Requiring compliance with the 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-60 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 (the 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 Isin accordance with 10 CFR Part 51 of the Commisslon's regulations and all applicable requirements have been satisfied.

2. Accordingly, the FOL is changed as Indicated inthe 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 J hn A. Nakoski, Chief S curity Plan Review Team oject Directorate 11 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-60 DOCKET NO. 50-306 Replace the following page of the Facility Operating License DPR-60 with the attached revised page as indicated. The revised page is identified by page number and contains marginal lines indicating the area of change.

Remove Page Insert Page 3 3

(5) Pursuant to the Act and 10 CFR Parts 30 and 70, NMC to possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility; (6) Pursuant to the Act and 1 0 CFR Parts 30 and 70, NMC to transfer byproduct materials from other job sites owned by Northern States Power Company for the purposes of volume reduction and decontamination.

C. This amended license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1: Part 20, Section 30.34 of Part 30, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level NMC is authorized to operate the facility at steady state reactor core power levels not in excess of 1650 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 154, are hereby incorporated in the license. NMC shall operate the facility in accordance with the Technical Specifications.

(3) Physical Protection NMC shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard 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 combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Prairie Island Nuclear Generating Plant Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, and Independent Spent Fuel Storage Installation Security Program, Revision 0," submitted by letter dated October 18, 2004.

Unit 2 Amendment No. 44 Revised by letter dated October 28, 2004