ML071380201

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Scan Letter to M.B. Bezilla Dated May 15, 2007 Administrative Change to Facility Operating License in Conjunction with Commission Order EA-06-037
ML071380201
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 05/15/2007
From: Thomas Wengert
NRC/NRR/ADRO/DORL/LPLIII-2
To: Bezilla M
FirstEnergy Nuclear Operating Co
References
EA-06-037, TAC MD2218
Download: ML071380201 (5)


Text

OFFICIAL USE ON"..

C.ITYn

,LATE, INF8R lAT;ON UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 EMay 15, 2007 Mr. Mark B. Bezilla Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 - 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 NO. MD2218)

Dear Mr. Bezilla:

By letter to the Nuclear Regulatory Commission (NRC) dated May 18, 2006, FirstEnergy Nuclear Operating Company (FENOC), submitted its revised plans and confirmed the full implementation at the Davis-Besse Nuclear Power Station, Unit 1 (DBNPS) of Order EA-06-037 regarding an updated adversary characteristic of 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 FENOC's changes to the security plans meet the requirements of the NRC Order and Title 10 of the Code of Federal Regulations (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, an administrative license change to Facility Operating License No.

NPF-3 is being made to incorporate the reference to the revised Physical Security Plan, NOTICE: Enclosure 2 contains Security-Related Information. Upon separation from Enclosure 2, this letter and Enclosure I are DECONTROLLED.

OFFICIAL USE O;:LY-E"CURn RELATED NF,*'

ATO;

-OFFICIAL USE ONLY SECURITY RELAT-ED INFORMATION M. Bezilla Safeguards Contingency Plan, and Training and Qualification Plan required by the 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 Page 7 of the DBNPS Facility Operating License with the enclosed page (Enclosure 1). Enclosure 2 of 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) 415-4037.

Sincerely, Thomas J. Wengert, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346

Enclosures:

1. Revised Page 7 of License
2. Safeguards Evaluation cc w/encls 1 and 2: David R. Kline, Site Security Manager Joseph Maynen, Region III cc w/encl 1 only: See next page OrFICILftUSE OtLf H+~fIY REL:ATED IN~FORMATION~

Davis-Besse Nuclear Power Station, Unit 1 cc: w/o encl (2)

Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3065 5501 North State Route 2 Oak Harbor, OH 43449-9760 Director, Ohio Department of Commerce

.Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4352 Resident Inspector U.S. Nuclear Regulatory Commission 5503 North State Route 2 Oak Harbor, OH 43449-9760 Stephen Helmer Supervisor, Technical Support Section Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street, 7t Floor Columbus,,OH 43215 Carol O'Claire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-2206 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149 State of Ohio Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Attorney General Office of Attorney General 30 East Broad Street Columbus, OH 43216 President, Board of County Commissioners of Ottawa County Port Clinton, OH 43252 President, Board of County Commissioners of Lucas County One Government Center, Suite 800 Toledo, OH 43604-6506 The Honorable Dennis J. Kucinich United States House of Representatives Washington, D.C. 20515 The Honorable Dennis J. Kucinich United States House of Representatives 14400 Detroit Avenue Lakewood, OH 44107 Joseph J. Hagan President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-1 9 76 South Main Street Akron, OH 44308 David W. Jenkins, Attorney FirstEnergy Corporation Mail Stop A-GO-1 8 76 South Main Street Akron, OH 44308 Danny L. Pace Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Manager, Fleet Licensing FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308

Davis-Besse Nuclear Power Station, Unit 1 cc: w/o encl (2)

Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Richard Anderson Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 James H. Lash Senior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-1 4 76 South Main Street Akron, OH 44308 2.D.

FENOC 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 contain Safeguards Information protected under 10 CFR 73.21, is entitled: "Davis-Besse Nuclear Power Station Physical Security Plan, Training and Qualification Plan, and Safeguards Contingency Plan Revision 4," submitted by letter dated May 18, 2006.

E.

This license is subject to the following antitrust conditions:

Definitions Entity shall mean any electric generation and/or distribution system or municipality or cooperative with a statutory right or privilege to engage in either of these functions.

Wheeling shall mean transportation of electricity by a utility over its lines for another utility, including the receipt from and delivery to another system of like amounts but not necessarily the same energy. Federal Power Commission, The 1970 National Power Survey, Part 1, p. 1-24-8.

License Conditions Approved By the Atomic Safety and Licensinq Appeal Board*

(1)

Applicants shall not condition the sale or exchange of wholesale power or coordination services upon the condition that any other entity:

(a) enter into any agreement or understanding restricting the use of or alienation of such energy or services to any customers or territories; "Applicants" as used by the Appeal Board refers to the Toledo Edison Company, Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company and Pennsylvania Power Company although none of these entities are currently Licensees for this facility.

Amendment No. *2,

+29, 228, 270 Revised by letter dated My 15, 2007