ML070190032

Administrative Change to Facility Operating License in Conjunction with the Commission Order EA-06-037 Regarding Updated Design-basis Threat & Revisions to Physical Security Plan, Training & Qualification Plan, & Safeguards Contingency Plan

ML070190032
Person / Time
Site:	Fermi
Issue date:	01/09/2006
From:	Tam P NRC/NRR/ADRO/DORL/LPLE
To:	Cobb D Detroit Edison
P. TAM
References
EA-06-037, TAC MD2226
Download: ML070190032 (4)

Text

i'..F-ICIAtI uSE ONI V - SECL'..P iIOMTG :EAE UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 9, 2006 Mr. Donald K. Cobb Assistant Vice President - Nuclear Generation Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166

SUBJECT:

FERMI 2 - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSE IN CONJUNCTION WITH THE COMMISSION ORDER EA-06-037 REGARDING UPDATED DESIGN-BASIS THREAT AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NO. MD2226)

Dear Mr. Cobb:

By letter to the Nuclear Regulatory Commission (NRC) dated May 18, 2006, Detroit Edison Company (DECO), submitted its revised plans and confirmed the full implementation at Fermi 2 of Order EA-06-037 regarding an updated adversary characteristic in the design-basis threat.

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 DECO's changes to the security plans meet the requirements of the NRC Order and Title 10 of the Code of FederalRegulations (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 Order EA-06-037 requirements.

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

.OrFICeAL--US~EGNLY - SECURITY'-RELATED iiFCir*v1ATiON- T.

D. Cobb Therefore, an administrative license change to Facility Operating License No. NPF-43 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the Order. This change complies 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 8 of the Fermi 2 Facility Operating License with the enclosed replacement page (Enclosure 1). Enclosure 2 to this letter is designated exempt from public disclosure under 10 CFR 2.390(d)(1).

If you should have any questions, please contact me at (301)415-1451.

Sincerely, IRA/

Peter S. Tam, Senior Project Manager Plant Licensing Branch I1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341

Enclosures:

1. Revised Page 8 of Facility Operating License

2. Safeguards Evaluation cc w/encl. 1 only: See next page ONLY OF~iCIAL SEC"IT- EATN----.oRMT:O NZF

111 1l 1 - f ,

Fermi 2 cc:

David G. Pettinari Supervisor - Electric Operators Legal Department Michigan Public Service Commission 688 WCB 6545 Merchantile Way Detroit Edison Company P.O. Box 30221 2000 2nd Avenue Lansing, MI 48909 Detroit, MI 48226-1279 Wayne County Emergency Management Michigan Department of Environmental Division Quality 10250 Middlebelt Road Waste and Hazardous Materials Division* Detroit, MI 48242 Radiological Protection and Medical Waste Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 N Dixie Highway Newport, MI 48166 Mr. M. V. Yudasz, Jr., Director Monroe County Emergency Management Division 965 South Raisinville Road Monroe, MI 48161 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351 Ronald W. Gaston Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 TAC 6400 North Dixie Highway NeW-o-rto MI--481 66

D. Exemptions from certain requirements of Appendices E and J to 10 CFR Part 50, are described in supplements to the SER. These include: (a) an exemption from the requirement of Section IV.F of Appendix E that a full participation emergency planning exercise be conducted within one year before issuance of the first operating license for full power and prior to operation above five percent of rated power (Section 13.3 of SSER #6); (b) an exemption from the requirement of Paragraph III.C.2(b) of Appendix J, the testing of the main steam isolation valves at the peak calculated containment pressure associated with the design basis accident (Section 6.2.7 of SSER #5); and (c) an exemption from the requirement of Paragraph III.D.2(b)(ii) of Appendix J, the testing of containment air locks at times when containment integrity is not required (Section 6.2.7 of SSER #5). These exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. Therefore, these exemptions are hereby granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.

E. 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 plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Fermi 2 Physical Security Plan, Security Training and Qualification Plan, and Safeguards Contingency Plan" submitted by letter dated September 9, 2004, and supplemented on October 7, 2004, October 14, 2004, November 18, 2005, and May 18, 2006.

F. Deleted G. The licensees 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.

Amendment No. +55 Revised by letter dated 6/21/05 1/9/07