ML060440537
| ML060440537 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Kewaunee  |
| Issue date: | 01/23/2006 |
| From: | Funderburk C Dominion Resources Services |
| To: | NRC/SECY/RAS |
| Ngbea E S | |
| References | |
| 70FR67380 00082, GL05-048, PR-73, RIN 3150-AH60 | |
| Download: ML060440537 (7) | |
Text
, Domniniont Dominion Resources Services, Inc.
5000 Dominion Boulevard. Glen Allen, VA 23061)
DOI6T PRirl DOCKETED USNRC February 13, 2006 (10:06am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF January 23, 2006 Secretary U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 GL05-048 Attention: Rulemakings and Adjudications Staff COMMENTS ON 10 CFH PART 73 DESIGN BASIS THREAT (DBT) PROPOSED RULE (FEDERAL REGISTER. VOLUME 70. NUMBER 214.
PAGES 67380-67388. DATED NOVEMBER 7. 2005)
Virginia Electric and Power Company (Dominion),
Dominion Nuclear Connecticut, Inc. (DNC), and Dominion Energy Kewaunee, Inc. (DEK) appreciate the opportunity to provide comments on the design basis threat proposed rule, as requested in the above federal register.
Please find our comments attached for your review and consideration. If you would like further information,please contact:
Mr. Nelson Martin NelsonMartin@dom.com, or (804) 273-3610 or Mr. Don Olson Don_Olson@dom.com, or (804) 273-2830 Respectfully, under urk, Director Nuclear Licensing & Operations Support Dominion Resources Services, Inc. for Virginia Electric and Power Company, Dominion Nuclear Connecticut, Inc., and Dominion Energy Kewaunee, Inc.
Attachment Tevplk1
- C I-O(V SG4-oz
ATTACHMENT The approach proposed in this rulemaking provides broad DBT requirements, which would permit the NRC significant flexibility to change the details of the DBT and the adversary characteristics without regulatory analysis, industry review, and comment. Security defensive strategies are designed to protect against all elements of the current DBT; however, changes to the DBT and the adversary characteristics can significantly impact security designs and protective strategies.
Separate Reaulatorv Guide and Adversarv Characteristics Documents (ACDs)
The approach proposed maintains a level of detail in Section 73.1(a) rule language that is generally comparable to the current regulation. The specific details (e.g., specific weapons, ammunition, etc.) are contained in Adversary Characteristics Documents (ACDs), which contain classified or safeguards information. It is understood that these documents must be kept out of the public domain as they are extremely sensitive and their control is crucial to the protection of the facilities.
Future revisions to the ACDs would not require changes to the DBT regulations in Section. 73.1, provided the changes remain within the very broad scope of the rule text. The result is a proposed rule with a level of detail that reflects all major features of the DBTs, and provides the NRC significant flexibility to change the DBT without meaningful input from the affected regulated licensees. This would then allow changes to the details that would impact security designs and protective strategies without any review and comment from the affected licensees. The current DBT represents the largest threats against which private sector facilities must be able to defend with high assurance.
The proposed approach using Regulatory Guides and Adversary Characteristics Documents (ACDs) to establish the details of the DBT appears to provide a potential method to circumvent the Paperwork Reduction Act, meaningful Regulatory Analysis, and meaningful Elackfit Analysis. It is recommended the proposed regulation incorporate the ACDs and Regulatory Guides by reference to ensure proper analyses are completed prior to revisions to the details of the DBT.
DBT and Enemy of the United States The DBT was revised by NRC Order following the terrorist acts of September 11, 2001. Ucensees have made significant modifications to greatly enhance their security designs and protective strategies based on the existing DBT. Protective strategies are incorporated and supplemented with local, state, and federal law enforcement agencies. The existing DEIT is the design basis and establishes the Page 1 of 2
maximum threat that a private facility can defend against and, therefore, any potential increase in perceived threat characteristics must be coordinated with DHS and additional protective measures provided by law enforcement and government resources.
Licensees are not and should not be required to defend against threats posed by enemies of the United States or those that are larger than a private facility has the capability to defend. The threat underlying the April 29, 2003 Orders and reflected in the proposed DBT constitutes the largest threats which a private facility can be expected to defend with high assurance. Any consideration of such a threat must be coordinated with DHS and take place as part of an overall national allocation of security resources.
Evaluation of the Twelve Factors The proposed rule adequately addresses the twelve factors as directed by Congress through the Energy Policy Ac: of 2005.
Following the events of September 111, the NRC and the industry initiated substantial measures to increase the protective measures at nuclear power facilities.
These measures effectively protect the facilities against the characteristics of the current DBT. Adversary characteristics beyond the current DBT are enemy of the state and are appropriately addressed through DHS, law enforcement and other United States government agencies.
New Nuclear Power PlantsSection V. Petition for Rulemaking (F'RM-73-12) stated that for new nuclear power plants, the opportunity exists to develop designs that provide for enhanced protection against potential threats. The opportunity does exist, however, the DBT for new nuclear power plants should be the same as for operating nuclear power plants. The Statement of Considerations for the final rule should make this point clear.
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Evangeline Ngbea - Fwd: Federal Register 10 CFR Part 73, Design Bases Threat I
Page 11 From:
To:
Date:
Subject:
Richard Rasmussen Ngbea, Evangeline 2/9/06 5:05PM Fwd: Federal Register 10 CFR Part 73, Design Bases Threat
- Van, See the attached. I wish I always got stuff done this quickly.
Rick
SECY -Federal Register 100 FR Part 73, Design Bases Threal Page 1 From:
<VickiHull@Dom.com>
To:
<mkb2@nrc.gov>, <rar@nrc.gov>
Date:
Thu, Feb 9, 2006 4:16 PM
Subject:
Federal Register 10 CFR Part 73, Design Bases Threat Mr. Bagchi/Mr. Rasmussen, This letter was sent to the Secretary, NRC on 01/23/06. Dominion is resubmitting it with the "withhold from public disclosure" statement deleted from all pages. Please disregard the previous one and replace with the attached. Sorry for any inconvenience this may have caused.
(See attached file: GL05-048-ResponseNonconfidential.pdf)
CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally confidential and/or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer relating thereto which binds the sender without an additional express written confirmation to that effect. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you.
CC:
<djw@ nei.org>, <NelsonMartin @ Dom.com>, <ChrisFunderburk@Dom.com>
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Fwd: Federal Register 10 CFR Part 73, Design Bases Threat 2/9/06 5:05PM Richard Rasmussen RAR@nrc.gov Recipients nrc.gov owf5_po.OWFN_DO ESN (Evangeline Ngbea)
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Federal Register 10 CFR Part 73, Design Bases Threat Thu, Feb 9, 2006 4:1 5 PM
<Vicki Hull@Dom.icom>
Vicki Hull@Dom.com Recipients nrc.gov OWGWPOO1.HQGWDOO1 MKB2 (Manash Bagchi) nrc.gov TWGWPOO1.HQGWDO01 RAR (Richard Rasmussen)
Dom.com ChrisFunderburk CC NelsonMartin CC nei.org djw CC Post Office OWGWPO01.HQGWDO01 TWGWPO01.HQGWDO01 Route nrc.gov nrc.gov Dom.com nei.org Files Size MESSAGE 1164 GL05-048_ResponsefNonconfidential.pdf Mime.822 197017 Date & Time Thursday, February 9, 2006 4:15 PM 141901 Options Expiration Date:
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