ML100680760

Exemption Request for 10 CFR 73.55 Implementation - Clarification

ML100680760
Person / Time
Site:	Palo Verde
Issue date:	03/05/2010
From:	Mims D Arizona Public Service Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
102-06144-DCM/CJS
Download: ML100680760 (3)

Text

10 CFR 73.5 A subsidiary of Pinnacle West Capital Corporation Dwight C. Mims Mail Station 7605 Palo Verde Nuclear Vice President Tel. 623-393-5403 P.O. Box 52034 Generating Station Regulatory Affairs and Plant Improvement Fax 623-393-6077 Phoenix, Anzona 85072-2034 102-06144-DCM/CJS March 05, 2010 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Palo Verde Nuclear Generating Station (PVNGS)

Units 1, 2, and 3 Docket Nos. STN 50-528, 50-529, and 50-530 Exemption Request for 10 CFR 73.55 Implementation - Clarification By letter number 102-06111, dated December 21, 2009, Arizona Public Service Company (APS) applied for an exemption from the schedule requirement of 10 CFR Part 73, Physical Protection of Plants and Materials, paragraph 73.55(a)(1) for PVNGS Units 1, 2, and 3, pursuant to 10 CFR 73.5. The new rule, 10 CFR 73.55, published March 27, 2009, effective May 26, 2009, with a full implementation date of March 31, 2010, requires licensees to protect, with high assurance, against radiological sabotage by designing and implementing comprehensive site security plans.

As a result of updated project information and clarifications obtained during a conference call with the NRC staff on February 2, 2010, APS updated its exemption request by letter number 102-06131, dated February 16, 2010. In an e-mail dated February 19, 2010, the NRC staff requested additional clarification regarding the schedule for the completion of the Protected Area Security Extension (PASE). The requested clarifying information is provided as follows:

General Statements:

The Enclosure to APS letter, dated December 16, 2009, page 1 of 6, last paragraph, provided a general description of the aggressive nature of the initial schedule and the anticipated factors which could impact that schedule. It also explained why APS requested until December 17, 2010, to complete the described security features, even though the schedule indicated that APS could potentially complete the modifications by September 3, 2010. The initial schedule was based, in part, on a modification[

]that was subsequently determined to be undesirable. The updated schedule provided in the APS letter, dated February 16, 2010, was based on improved forecasts. The uncertainties associated with the factors described in the initial schedule were accounted for in the updated schedule which was/0D A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway 0 Comanche Peak

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ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Exemption Request for 10 CFR 73.55 Implementation - Clarification Page 2 based upon refined design inputs, equipment design, delivery time forecasts, and the potential resource impacts of two unit outages.

Specific statements for each milestone:

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As articulated during the previous phone calls with the NRC staff, APS is working to complete the [

]modification as quickly as practical, and therefore, may complete the PASE in advance of the updated due date of December 17,2010.

In conclusion, APS continues to request an exemption until December 17, 2010, for I

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ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Exemption Request for 10 CFR 73.55 Implementation - Clarification

'Page 3 The APS current and new physical protection program that will be implemented by March 31, 2010, continue to provide high assurance of public health and safety.

Accordingly, the requested exemption is authorized by law and will not endanger life or property or the common defense and security in accordance with 10 CFR 73.5. APS requests the exemption by March 12, 2010, to support implementation in the PVNGS security program by March 31,2010.

No commitments are being made by this letter. Should you need further information regarding this exemption request, please contact Russell A. Stroud, Licensing Section Leader, at (623) 393-5111.

Sincerely, DCM/TNW/CJS/gat cc:

E. E. Collins Jr.

NRC Region IV Regional Administrator J. R. Hall NRC NRR Project Manager K. S. Brooks Sr. Physical Security Inspector, RIV/DRS/PSB R. I. Treadway NRC Senior Resident Inspector for PVNGS