ML100570190

LIC-109 Acceptance Review - Palisades Request for Exemption from Physical Security Requirements - 10 CFR Part 73 - ME3080

ML100570190
Person / Time
Site:	Palisades
Issue date:	02/25/2010
From:	Mahesh Chawla Plant Licensing Branch III
To:	Patricia Anderson, Kuemin J Entergy Nuclear Operations
Chawla M, NRR/DORL, 415-8371
References
TAC ME3080
Download: ML100570190 (2)

Text

From: Chawla, Mahesh Sent: Thursday, February 25, 2010 5:11 PM To: KUEMIN, JAMES L; Anderson, Paula Cc: Gordon, Dennis; Huyck, Doug; Wengert, Thomas; Pascarelli, Robert

Subject:

LIC-109 Acceptance review - Palisades Request for Exemption from Physical Security Requirements - 10CFR Part 73 - ME3080 Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Physical Protection of Plants and Materials, Section 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage, published as part of a final rule in the Federal Register on March 27, 2009 (74 FR 13926), requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security plans. The final rule became effective on May 26, 2009, and compliance with the final rule is required by March 31, 2010.

By letter dated January 14, 2010, supplementd by letter dated February 16, 2010, Entergy Nuclear Operations, Inc. (the licensee) requested, pursuant to 10 CFR 73.5, that the Nuclear Regulatory Commission (NRC) approve an exemption from the schedular requirements of the final rule for 10 CFR 73.55 for Palisades Nuclear Plant. Specifically, due to the time required to complete plant modifications, the licensee has requested an exemption from the March 31, 2010, implementation date specified in the new rule for certain requirements in the rule. All the items subject to the request for exemption are proposed to be implemented by August 31, 2010. On January 28, 2010, during a teleconference, the NRC requested that supplemental information be provided. The licensee provided the supplemental information in letter dated February 16, 2010.

The purpose of this e-mail is to provide the results of the NRC staffs acceptance review of this exemption request. The acceptance review was performed to determine if there is sufficient technical information in scope and depth to allow the NRC staff to complete its detailed technical review. The acceptance review is also intended to identify whether the application has any readily apparent information insufficiencies in its characterization of the regulatory requirements or the licensing basis of the plant. Pursuant to 10 CFR 73.5, the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR Part 73 when the 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.

The NRC staff has reviewed your exemption request and concluded that it does provide technical information in sufficient detail to enable the staff to proceed with its detailed technical review and make an independent assessment regarding the acceptability of the proposed request in terms of regulatory requirements and the protection of public health and safety and the environment. Given the lesser scope and depth of the acceptance review as compared to the detailed technical review, there may be instances in which issues that impact the NRC staffs ability to complete the detailed technical review are identified despite completion of an adequate acceptance review. You will be advised of any further information needed to support the NRC staffs detailed technical review by separate correspondence.

If you have any questions, please contact me.

Mahesh Chawla

Phone: 301-415-8371 Fax: 301-415-1222 mahesh.chawla@nrc.gov E-mail Properties Mail Envelope Properties ()

Subject:

LIC-109 Acceptance review - Palisades Request for Exemption from Physical Security Requirements - 10CFR Part 73 - ME3080 Sent Date: 2/25/2010 4:49:44 PM Received Date: 2/25/2010 5:10:00 PM From: Chawla, Mahesh Created By: Mahesh.Chawla@nrc.gov Recipients:

jkuemin@entergy.com (KUEMIN, JAMES L)

Tracking Status: None panders@entergy.com (Anderson, Paula)

Tracking Status: None Dennis.Gordon@nrc.gov (Gordon, Dennis)

Tracking Status: None Doug.Huyck@nrc.gov (Huyck, Doug)

Tracking Status: None Thomas.Wengert@nrc.gov (Wengert, Thomas)

Tracking Status: None Robert.Pascarelli@nrc.gov (Pascarelli, Robert)

Tracking Status: None Post Office:

Files Size Date & Time MESSAGE 14153 2/25/2010 Options Expiration Date:

Priority: olImportanceNormal ReplyRequested: False Return Notification: False Sensitivity: olNormal Recipients received: