ML063480188

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Decontrolled Version: Admin. Change to Facility Operating License in Conjunction W/Commission Order EA-06-037 Re Revisions to Physical Security Plan/Training & Qualification Plan/& Safeguards Contingency Plan (TAC MD2219 & MD2220)
ML063480188
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 12/11/2006
From: Wang A
NRC/NRR/ADRO/DORL/LPLIV
To: Keenan J
Pacific Gas & Electric Co
Wang A, NRR/DORL/LPL4, 301-415-1445
References
EA-06-037, TAC MD2219, TAC MD2220
Download: ML063480188 (6)


Text

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"FFICIAL UJSEIONI SEGURII lRELATI-ED' IIFORPAATIO"I

.I REG*UJ42 UNITED STATES NUCLEAR REGULATORY COMMISSION IWASHINGTON, D.C. 20555-0001 December 11, 2006 Mr. John S. Keenan Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 770000 San Francisco, CA 94177-0001

SUBJECT:

DIABLO CANYON POWER PLANT, UNIT NOS. 1 AND 2 - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSE IN CONJUNCTION WITH THE COMMISSION ORDER EA-06-037 AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NOS. MD2219 AND MD2220)

Dear Mr. Keenan:

By letters to the Nuclear Regulatory Commission (NRC) dated May 16, 2006, Pacific Gas and Electric Company (PG&E, the licensee), submitted its revised security plans and confirmed the full implementation at Diablo Canyon Power Plant, Unit Nos. -1and 2 (DCPP) of Order EA-06-037, regarding an update to an adversary characteristic in the design basis threat. In addition to the changes required under the Order, .the licensee reported other security plan changes made in accordance with 10 CFR 50.54(p)(2) in its May 16, 2006, letter. The changes made to its security plans, as described in its letter dated May 16, 2006, will be addressed in a separate correspondence.

The NRC staff has completed its review of the changes related to implementation of Order EA-06-037. As discussed in the enclosed safeguards evaluation (Enclosure 2), the NRC staff has determined that the licensee's changes to the security plans meet the requirements of the NRC Order and 10 CFR Part 73 requirements and are, therefore, acceptable. The effectiveness of these security provisions will continue to be the subject of NRC review and inspection.

Consistent with the Order, a conforming administrative change to the Facility Operating Licenses is required to ensure implementation of the Updated DBT Order EA-06-037 requirements.

NOTICE: Enclosure 2 contains Security-Related Information. Upon separation from Enclosure 2, this letter and Enclosure 1 are DECONTROLLED.

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OFFIC1A.L USE ONLY - SECURITY-R.2ELATED INFO.,RMATION J. Keenan Therefore, an administrative license change to Facility Operating License Nos. DPR-80 and DPR-82 for Diablo Canyon Power Plant, Unit Nos. 1 and 2, respectively, is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan. 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 Page 9 and Pages 6 and 7 of the Facility Operating Licenses for Unit Nos. 1 and 2, respectively, with the enclosed pages (Enclosure 1). to this letter is designated exempt from public disclosure under 10 CFR 2.390(d)(1).

If you have any questions, please contact me at (301) 415-1445.

Sincerely, Alan Wang, Project Lanager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323

Enclosures:

1. Revised Page 9 of License for Unit 1 and Revised Page 6 and 7 for Unit 2
2. Safeguards Evaluation cc w/encls 1 and 2: Director, Nuclear Security cc w/encl 1 only: See next page OFFICIAL USE ONLY - SECU RITY-RELATED INFORM.AllTON

OFFICIAL US*E ONLY - SECURITY-RE'LATED INFORMIAT!ON Diablo Canyon Power Plant, Units 1 and 2 cc:

NRC Resident Inspector Richard F. Locke, Esq.

Diablo Canyon Power Plant Pacific Gas & Electric Company c/o U.S. Nuclear Regulatory Commission P.O. Box 7442 P.O. Box 369 San Francisco, CA 94120 Avila Beach, CA 93424 City Editor Sierra Club San Lucia Chapter The Tribune ATTN: Andrew Christie 3825 South Higuera Street P.O. Box 15755 P.O. Box 112 San Luis Obispo, CA 93406 San Luis Obispo, CA 93406-0112 Ms. Nancy Culver Director, Radiologic Health Branch San Luis Obispo State Department of Health Services Mothers for Peace P.O. Box 997414, MS 7610 P.O. Box 164 Sacramento, CA 95899-7414 Pismo Beach, CA 93448 Mr. James D. Boyd, Commissioner Chairman California Energy Commission San Luis Obispo County 1516 Ninth Street (MS 31)

-Board of Supervisors Sacramento, CA 95814 1055 Monterey Street, Suite D430 San Luis Obispo, CA 93408 Mr. James R. Becker, Vice President Diablo Canyon Operations Mr. Truman Burns and Station Director Mr. Robert Kinosian Diablo Canyon Power Plant California Public Utilities Commission P.O. Box 56 505 Van Ness, Room 4102 Avila Beach, CA 93424 San Francisco, CA 94102 Jennifer Tang Diablo Canyon Independent Safety Field Representative.

Committee United States Senator Barbara Boxer ATTN: Robert R.'Wellington, Esq. 1700 Montgomery Street, Suite 240 Legal Counsel San Francisco, CA 94111 857 Cass Street, Suite D Monterey, CA 93940 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavillion 611 Ryan Plaza Drive, Suite 400 ArlingtQn ,.TX -76011-8064 March 2006 OFFr*-ICIAL USE ONLY - S-EiURITV-RELAT-ED INFOiRMATION

E. Physical Protection 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 combined set of plans, which contains Safeguards Information protected under 10 CFR 7121, is entitled: "Diablo Canyon Power Plant, Units 1 and 2 Physical Security Plan, by Training and Qualification Plan, and Safeguards Contingency Plan," submitted by letter dated May 16, 2006.

F. Deleted by Amendment No. 189 G. Reporting PG&E shall report any violations of the requirements contained In Sections 2.C(3) and 2.C(4), 2.C(6) through 2.C(1 0), 2.E and 2.F, of this License within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Initial notification shall be made In accordance with the provisions of 10 CFR 50.72, with written follow-up in accordance with the procedures described In 10 CFR 50.73(b), (c),

(d) and (e).

H. Financial Protection PG&E shall have and maintain financial protection of such type and in such amonts as the Commission shall require In accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

I. Term of License This License is effective as of the date of Issuance and shall expire at midnight on November 2, 2024.

FORTHE NUCLEAR REGULATORY COMMISSION Original Signed by:

Edson G. Case for Harold R. Denton, Director Office of Nuclear Reactor Regulation Attachments:

1. Appendix A - Technical Specifications
2. Appendix B - Environmental. Protection Plan
3. Appendix C - Deleted
4. Appendix D - Additional Conditions Date of Issuance: November 2, 1984 Amendment No. 82,:75,97,129,188 189 Revli.sed by latter datod O.t.b.r 28, 2004'-

Revised by letter dated December 11, 2006

(10) Pipeway Structure DE and DDE Analysis (SSER 32. Section 4)

Prior to start-up following the first refueling outage PG&E shall complete a confirmatory analysis for the pipeway structure to further demonstrate the adequacy of the pipeway structure for load combinations that include the design earthquake (DE) and double design earthquake (DDE).

(11) Spent Fuel Pool Modification The licensee is authorized to modify the spent fuel pool as described in the application dated October 30, 1985 (LAR 85-13) as supplemented. Amendment No. 6 issued on May 30, 1986 and stayed by the U.S. Court of Appeals for the Ninth Circuit pending completion of NRC hearings is reinstated.

Prior to final conversion to the modified rack design, fuel may be stored, as needed, in either the modified storage racks described in Technical Specification 5.6.1.1 or in the unmodified storage racks (or both) which are designed and shall be maintained with a nominal 21-inch center-to-center distance between fuel assemblies placed in the storage racks.

(12) Additional Conditions The Additional Conditions contained in Appendix D, as revised through Amendment No. 118, are hereby incorporated into this license. Pacific Gas and Electric Company shall operate the facility in accordance with the Additional Conditions.

D. Exemption (SSER 31, Section 6.2.6)

An exemption from certain requirements of Appendix J to 10 CFR Part 50 is described in the Office of Nuclear Reactor Regulation's Safety Evaluation Report, Supplement No.

9. This exemption is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest. Therefore, this exemption previously granted in Facility, Operating License No. DPR-81 pursuant to 10 CFR 50.12 is hereby reaffirmed. The facility will operate, with the exemption authorized, in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission.

E. Physical Protection 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 provision of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to theauthority of 10 CFR50.90 and 10 CFR 50.54(p).-

The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Diablo Canyon Power Plant, Units 1 and 2 Physical Security Plan, Training and Qualification Plan and Safeguards Contingency Plan," submitted by letter dated May 16, 2006.

Amendment No. 2+, 1, 118 Revised by letter dated Oectebear 2, 2064 Revised by letter dated December 11, 2006

F. Deleted by Amendment No. 191 G. Reporting Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, the licensee shall report any violations of the requirements contained in Sections 2.C(3), 2.C(5) through 2.C(10), 2.E and 2.F of this license in the following manner: initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty days in accordance with the procedures described in 10 CFR 50.73(b), (c), and (e).

H. Financial Protection PG&E 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.

I. Term of License This License is effective as of the date of issuance and shall expire at midnight on August 26, 2025.

FOR THE NUCLEAR REGULATORY COMMISSION Original Signed by:

Harold R. Denton Harold R. Denton, Director Office of Nuclear Reactor Regulation Attachments:

1. Appendix A Technical Specifications (NUREG-1 151)
2. Appendix B - Environmental Protection Plan
3. Appendix C - Deleted
4. Appendix D - Additional Conditions Date of Issuance: August 26, 1985 Amendment No. 96,8,.190-.,

C.e.tion letter of 12 -2001 Revised by letter dated December 11, 2006