ML091410309
| ML091410309 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 06/04/2009 |
| From: | Borchardt R NRC/EDO |
| To: | Fertel M Nuclear Energy Institute |
| Shropshire A | |
| Shared Package | |
| ML091410404 | List: |
| References | |
| EDATS: SECY-2009-0281, G20090281, LTR-09-0168, SECY-08-0099 | |
| Download: ML091410309 (3) | |
Text
June 4, 2009 Mr. Marvin S. Fertel, President Nuclear Energy Institute 1776 I Street N.W., Suite 400 Washington, D.C. 20006
Dear Mr. Fertel:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your letter dated April 7, 2009, regarding the Power Reactor Security Requirements Final Rule, which was published in the Federal Register (Vol. 74, No. 58, page 13926) on Friday, March 27, 2009.
Although the rule became effective on May 26, 2009, each currently-operating reactor licensee will have until March 31, 2010, to incorporate security plan changes that are needed to comply with the amended requirements of the rule. Your letter requests that the NRC establish a revised implementation date of December 31, 2010.
The industry has already implemented many of the security requirements in the Final Rule since they are similar to those previously imposed by Commission Orders. In addition, the Commission has determined that the implementation period in the Final Rule provides sufficient time for operating reactors to implement any new requirements. Your letter mentions the March 6, 2009, Commission meeting during which the NRC staff stated that there are eight regulatory guides, which are not yet published, but are key to licensee implementation of the rule. All of the regulatory guides were originally issued in draft form in August 2008. Since that time, the staff has held over 30 stakeholder meetings on the eight key regulatory guides. During the stakeholder meetings, the industry obtained a detailed understanding of what security-related upgrades and implementation methods the staff considers acceptable to meet the new requirements. Although the issuance of the final regulatory guides is not yet complete, the Commission lacks sufficient information to conclude that a blanket extension to the Final Rule compliance date is warranted.
Neither the discussions during the March 6, 2009, Commission meeting nor your letter provides an adequate basis to indicate the existence of an industry-wide problem with meeting the March 31, 2010, compliance date. However, if there is detailed information that exists which would provide a compelling argument for revisiting the compliance date, please provide this as soon as possible to Roy Zimmerman of the Office of Nuclear Security and Incident Response so that it can be considered. Please note that the Commissions existing regulations provide several mechanisms for licensees with good cause to apply for relief from the compliance date for any part of this rule or other Commission regulation.
Sincerely,
/RA Bruce S. Mallett for/
R. W. Borchardt Executive Director for Operations
June 4, 2009 Mr. Marvin S. Fertel, President Nuclear Energy Institute 1776 I Street N.W., Suite 400 Washington, D.C. 20006
Dear Mr. Fertel:
On behalf of the Nuclear Regulatory Commission (NRC), I am responding to your letter dated April 7, 2009, regarding the Power Reactor Security Requirements Final Rule, which was published in the Federal Register (Vol. 74, No. 58, page 13926) on Friday, March 27, 2009.
Although the rule became effective on May 26, 2009, each currently-operating reactor licensee will have until March 31, 2010, to incorporate security plan changes that are needed to comply with the amended requirements of the rule. Your letter requests that the NRC establish a revised implementation date of December 31, 2010.
The industry has already implemented many of the security requirements in the Final Rule since they are similar to those previously imposed by Commission Orders. In addition, the Commission has determined that the implementation period in the Final Rule provides sufficient time for operating reactors to implement any new requirements. Your letter mentions the March 6, 2009, Commission meeting during which the NRC staff stated that there are eight regulatory guides, which are not yet published, but are key to licensee implementation of the rule. All of the regulatory guides were originally issued in draft form in August 2008. Since that time, the staff has held over 30 stakeholder meetings on the eight key regulatory guides. During the stakeholder meetings, the industry obtained a detailed understanding of what security-related upgrades and implementation methods the staff considers acceptable to meet the new requirements. Although the issuance of the final regulatory guides is not yet complete, the Commission lacks sufficient information to conclude that a blanket extension to the Final Rule compliance date is warranted.
Neither the discussions during the March 6, 2009, Commission meeting nor your letter provides an adequate basis to indicate the existence of an industry-wide problem with meeting the March 31, 2010, compliance date. However, if there is detailed information that exists which would provide a compelling argument for revisiting the compliance date, please provide this as soon as possible to Roy Zimmerman of the Office of Nuclear Security and Incident Response so that it can be considered. Please note that the Commissions existing regulations provide several mechanisms for licensees with good cause to apply for relief from the compliance date for any part of this rule or other Commission regulation.
Sincerely,
/RA Bruce S. Mallett for/
R. W. Borchardt Executive Director for Operations DISTRIBUTION: G20090281/LTR-09-0168/SECY-09-0238 RidsEdoMailCenter RidsOgcMailCenter RidsNsirMailCenter DSP R/F ADAMS ACCESSION NO: Package ML091410404 OFFICE NSIR/DSP NSIR/DSP NSIR/DSP NSIR/DSP OGC NSIR NAME AShropshire DHuyck MShuaibi MShuaibi for/RCorreia JGoldberg RZimmerman DATE 5/26/09 5/21/09 5/22/09 5/22/09 5/26/09 5/28/09 OFFICE EDO NAME RBorchardt (BMallett for)
DATE 6/04/09