DCL-10-006, Request for Exemption from Specific 10 CFR Part 73 Requirements

Request for Exemption from Specific 10 CFR Part 73 Requirements

ML100270050
Person / Time
Site:	Diablo Canyon
Issue date:	01/22/2010
From:	Becker J Pacific Gas & Electric Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
DCL-10-006, OL-DPR-80, OL-DPR-82
Download: ML100270050 (9)

Text

Pacific Gas and Electric Company' James R.Becker Diablo Canyon Power Plant Site Vice President Mail Code 104/5/601 P.0. Box 56 Avila Beach, CA 93424 805.545.3462 January 22, 2010 Internal: 691.3462 Fax: 805.545.6445 PG&E Letter DCL-10-006 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Diablo Canyon Units 1 and 2 Request for Exemption from Specific 10 CFR Part 73 Requirements

Dear Commissioners and Staff:

In accordance with the requirements of 10 CFR 73.5, Pacific Gas and Electric Company (PG&E) requests the NRC approve an exemption from specific requirements of 10 CFR Part 73, "Physical Protection of Plants and Materials,' for the Diablo Canyon Power Plant (DCPP) by extending the deadline for the implementation of new security requirements issued by the NRC in a Final Rule dated March 27, 2009 (74 FR 13926).

Pursuant to the Final Rule, the new security requirements must be implemented by March 31, 2010. PG&E has evaluated these new requirements and determined that many can be implemented by the required date. However, specific parts of the new requirements will require more time to implement since'they involve significant upgrades to security systems. These changes involve physical modifications to include [ ]. Enclosure 1 requests exemption from certain physical security requirements contained in [ ] while Enclosure 2 provides the basis for the proposed exemption. Enclosure 3 provides an Environmental Assessment.

PG&E is requesting an extension from the March 31, 2010, implementation date to June 30, 2011, for these specific requirements based on the time typically required for design, procurement, and construction activities with modifications of this scope.

PG&E's current security program and the new security requirements that will be implemented by March 31, 2010, will provide continued assurance of public health and safety and common defense and security.

A member of the STARS (Strategic Teaming and Resource Sharing) ALliance Cattaway - Comanche Peak

• Diablo Canyon

• Palo Verde

• San Onofre

• South Texas Project

• Wolf Creek

Document Control Desk PG&E Letter DCL-10-006 January 22, 2009 Page 2 PG&E requests approval of this exemption request by February 5, 2010, to otherwise allow time to prepare and implement compensatory measures if the exemption is not granted. The proposed exemptions are requested to be effective upon issuance.

This submittal replaces a previous PG&E Letter, DCL-09-085-Public, dated December 4, 2009, in its entirety. A Security-Related version of this letter, DCL-09-085-SR, was signed and submitted to the NRC on December 4, 2009.

PG&E makes no regulatory commitments (as defined by NEI 99-04) in this letter.

This letter includes no revisions to existing regulatory commitments.

If you have further questions, or require additional information, please contact Tom Baldwin at (805) 545-4720.

Sincerely, James R. Becker Site Vice President swh/

Enclosures cc: Elmo E. Collins, NRC Region IV Alan B. Wang, NRC Project Manager cc/enc: Michael S. Peck, NRC Senior Resident Inspector A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Cattaway - Comanche Peak

• Diablo Canyon

• Palo Verde

• San Onofre

• South Texas Project

• Wolf Creek

PG&E Letter DCL-10-006 Enclosure 1 Request for Exemption from Specific Physical Security Requirements

Background

The NRC issued a Final Rule for new security requirements in the Federal Register dated March 27, 2009. Per the Final Rule, new security requirements must be implemented by March 31, 2010. Pacific Gas and Electric Company (PG&E) has evaluated these new requirements and determined that many can be implemented by the required date. However, PG&E has also determined that implementation of specific requirements will require additional time beyond March 31, 2010. PG&E has approved a plan to [ ]. The study phase has been completed and the design phase [ ] has begun. Construction will be completed for the entire-project by June 30, 2011.

Security System Upgrades DCPP is a two-unit facility located in San Luis Obispo County on the central coast of California. [ ]

Due to the amount of design, procurement and installation activities and in consideration of impediments to construction such as planned refueling outages on both Units 1 and 2 and winter weather conditions as shown in Figure 1 of Enclosure 2, '

completion of some of the new requirements contained in [ ] will require additional time beyond March 31, 2010.

Requested Exemptions PG&E requests an exemption', from the implementation deadline only, for the two items listed below. Implementation of the remainder of the modifications needed for compliance with the new [ ] requirements will proceed on a schedule to be completed by March 31, 2010.

PG&E's current security program, along with those modifications to be implemented by March 31, 2010, will provide continued assurance of public health and safety. The defensive strategy implemented in conjunction with the DCPP Physical Security Plan will not be impacted by the implementation activities associated with meeting the requirements of the new 10 CFR Part 73. Accordingly, the requested 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 in accordance with 10 CFR 73.5.

Item 1 Regulation

[1]

1

PG&E Letter DCL-1 0-006 Enclosure 1 Issue

[I I Item 2 Requlation

[I Issue

[ ]

2

7 PG&E Letter DCL-10-006 Enclosure 2 Basis for Proposed Exemption Pacific Gas and Electric Company (PG&E) is requesting an exemption from [ ] and

[ ]. The basis for requesting an exemption of the March 31, 2010, date to June 30, 2011, is completion of [ ]to address the [ ] requirements of the new Part 73 Rule.

Using established processes, the duration (study, design, construction, testing, turnover) of a project of this magnitude is typically 18-24 months. Due to severe space limitations associated with the DCPP site and surrounding geological features, the required modifications to [ ] require extensive conceptual and detailed design efforts.

The modifications to [ ] also require extensive conceptual and detailed design and construction efforts, and must be concurrently coordinated with [ ] modifications. This timeframe is further challenged by resources and the logistical impacts of plant refueling outages at both Units 1 and 2. PG&E is continuing efforts to implement the remaining new Part 73 requirements identified in the March 27, 2009, Federal Register Notice (Final Rule) and associated Regulatory Guides issued in July 2009 by March 31, 2010.

The following is a more detailed description of the work activities associated with the physical modifications applicable to this exemption request.

Physical Modifications Overview The scope of the physical modifications associated with this exemption request involves

[ ].

Figure 1 provides the Project Milestone Schedule for the physical modifications associated with the specific exemptions requested. These milestones represent a schedule driven to comply with the new Part 73 requirements. The milestone schedule has been developed based on current information and anticipated impediments to construction such as planned refueling outages at both Units 1 and 2 and winter weather conditions which may impair construction due to inclement weather/storms.

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PG&E Letter DCL-10-006 Enclosure 2 Figure 1 Milestone Schedule for New 10 CFR 73 Requirements Requiring Schedule Exemption

[1]

2

PG&E Letter DCL-10-006 Enclosure 3 Environmental Assessment

1. Describe any change to the types, characteristics, or quantities of non-radiological effluents discharged to the environment as a result of the proposed exemptions.

PG&E Response There are no expected changes in the types, characteristics, or quantities of non-radiological effluents discharged to the environment associated with the proposed exemptions. This application is associated with implementation of security changes.

These security changes will not result in changes to the design basis requirements for the structures, systems, and components (SSCs) at the Diablo Canyon Power Plant (DCPP) that function to limit the release of non-radiological effluents during and following postulated accidents. All the SSCs associated with limiting the release of offsite non-radiological effluents will therefore continue to be able to perform their functions. As a result, there is no significant non-radiological effluent impact. There will be no materials or chemicals introduced into the plant associated with the security.modifications that could affect the characteristics or types of non-radiological effluents. In addition, the method of operation of non-radiological waste systems will not be affected by these proposed exemptions.

2. Describe any changes to liquid radioactive effluents discharged as a result, of the proposed exemptions.

PG&E Response There are no expected changes to the liquid radioactive effluents discharged as a result of these proposed exemptions. The proposed exemptions will not interact to produce any different quantity or type of radioactive material in the reactor coolant system. These proposed exemptions will not result in changes to the design basis requirements for the SSCs at DCPP that function to limit the release of liquid radiological effluents during and following postulated accidents. All SSCs associated with limiting the release of liquid radiological effluents will therefore continue to be able to perform their functions. As a result, there is no significant liquid radiological effluent impact.

3. Describe any changes to gaseous radioactive effluents discharged as a result of the proposed exemptions.

PG&E Response For the same reasons as described in number 2 above, these proposed exemptions would have no effect on the characteristics of gaseous radioactive effluents.

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PG&E Letter DCL-1 0-006 Enclosure 3

4. Describe any change in the type or quantity of solid radioactive waste generated as a result of the proposed exemptions.

PG&E Response These proposed exemptions will not result in changes to the design basis requirements for the SSCs at DCPP that function to limit the release of solid waste during and following postulated accidents. All SSCs associated with limiting the release of solid radioactive waste will therefore continue to be able to perform their function. Radiation surveys will be performed in accordance with plant radiation protection procedures on excavated dirt that could be contaminated, such as inside the protected area or radiation control areas, that will be disposed of offsite. Any contaminated dirt will be handled in accordance with plant procedures. DCPP has a radiation survey program and procedures to handle any contaminated excavated soil that is inside the protected area or radiation control areas.

5. What is the expected change in occupational dose as a result of the proposed exemptions under normal and design basis accident conditions?

PG&E Response Under normal power operation there would be no expected radiological impact on the workforce. There are no other expected changes in normal occupational operating doses. Control room dose is not impacted by the proposed exemptions and would not impact occupational dose.

6. What is the expected change in the public dose as a result of the proposed exemptions under normal and Design Basis Accident (DBA) conditions?

PG&E Response Dose to the public will not be changed by the proposed exemptions during normal operations or DBA conditions. As noted in items 2, 3, and 4 above, there is no basis to contemplate an increased source of liquid, gaseous or solid radiological effluents that could contribute to increased public exposure during normal operations and DBA conditions. The proposed security changes do not impact systems used during normal operation or systems used to detect or mitigate a DBA.

7. What is the impact to land disturbance for the proposed exemptions?

PG&E Response Surveys of the DCPP site have previously been performed, and environmentally sensitive areas identified. In addition, locations of cultural resources significanceare 2

PG&E Letter DCL-10-006 Enclosure 3 identified including the archeological site CA-SLO-2, which has been clearly delineated north of the protected area. A procedure is in place to ensure that the archeological site is protected and managed in accordance with the DCPP Archaeological Resources Management Plan.

The security modifications associated with the proposed exemptions involve only limited soil excavations. None of the planned excayations will occur in previously undisturbed areas. Specifically, the planned modifications do not involve land disturbance in environmentally sensitive areas, the archeological site CA-SLO-2, or any other location of cultural resources significance.

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Conclusion:==

There is no significant radiological environmental impact associated with the proposed security changes at DCPP. These proposed changes will not affect any historical sites nor will they affect non-radiological plant effluents.

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