ML101310513

Entergy Nuclear Operations, Inc. Cyber Security Plan - James A. Fitzpatrick Nuclear Power Plant, Indian Point Generating Units 1, 2, and 3, Pilgrim Nuclear Power Station, and Vermont Yankee Nuclear Power Station

ML101310513
Person / Time
Site:	Indian Point, Pilgrim, Vermont Yankee, FitzPatrick
Issue date:	05/17/2010
From:	Pickett D Plant Licensing Branch 1
To:	Mccann J Entergy Nuclear Operations
Pickett D NRR/DORLLPL1-1 415-1364
References
TAC ME2138, TAC ME2744, TAC ME2745, TAC ME2747, TAC ME2802, TAC ME2743
Download: ML101310513 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 17, 2010 Mr. John F. McCann, Vice President Nuclear Safety, Emergency Planning and Licensing Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, New York 10601

SUBJECT:

ENTERGY NUCLEAR OPERATIONS, INC. CYBER SECURITY PLAN JAMES A. FITZPATRICK NUCLEAR POWER PLANT, INDIAN POINT GENERATING UNIT NOS. 1,2, AND 3, PILGRIM NUCLEAR POWER STATION, AND VERMONT YANKEE NUCLEAR POWER STATION (TAC NOS. ME2802, ME2743, ME2744, ME2745, ME2747, AND ME2138)

Dear Mr. McCann:

By letters dated November 19, 22, and 23, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML093340070, ML093410280, ML093280951, and ML093310410), Entergy Nuclear Operations, Inc. (ENO), the licensee, submitted license amendment requests (LARs) for the Facility Operating Licenses for the James A. FitzPatrick Nuclear Power Plant, Indian Point Generating Unit Nos. 1, 2, and 3, Pilgrim Nuclear Power Station, and Vermont Yankee Nuclear Power Station. The proposed LARs include the cyber security plans, proposed changes to Section 2 of the Facility Operating Licenses, and proposed Cyber Security Plan Implementation Schedules. The proposed cyber security plans have been submitted in accordance with Title 10 of the Code of Federal Regulations (10 CFR),

Section 73.54.

The purpose of this letter is to inform you that the U.S. Nuclear Regulatory Commission (NRC) staff has completed an initial review of the LARs. In accordance with the Office of Nuclear Reactor Regulation Office Instruction L1C-109, "Acceptance Review Procedures," (ADAMS Accession No. ML091810088), Section 3.1.3, the NRC staff has decided to forgo the traditional acceptance review due to the complexity and "first-of-a-kind" nature of this application. While the NRC staff has docketed your application, we are not rendering a judgment as to the acceptability of the submittal within the context of an acceptance review.

The cyber security plan submittal prepared for the ENO sites is based on an earlier version of Nuclear Energy Institute (I'JEI) guidance. The NRC staff had significant generic concerns with this guidance. As a result of NRC staff discussions with NEI and the Executive Task Force of the industry Nuclear Security Working Group (NSWG), NEI and NSWG committed to representing operating power reactor licensees in resolving these generic concerns.

Through numerous interactions, the NRC staff has communicated their generic concerns with the NEI guidance. The security-related nature of the information required these interactions to be conducted in closed meetings not open to the public. A publicly available list of the specific issues discussed with NEI and NSWG was communicated to the licensees via e-mail dated March 9,2010 (ADAMS Accession No. ML100680284).

J. McCann -2 By letter dated April 28, 2010 (ADAMS Accession Nos. ML101180434 and ML101180437), NEI submitted Revision 6 to NEI 08-09, "Cyber Security Plan for Nuclear Power Reactors," which contains changes that address the NRC staff concerns associated with previous versions.

Based on a technical review of the document, the Office of Nuclear Security and Incident Response, in its letter dated May 5, 2010 (ADAMS Accession No. ML101190371), concluded that submission of a cyber security plan using the template provided in NEI 08-09, Revision 6, dated April 2010, would be acceptable for use by licensees to comply with the requirements of 10 CFR 73.54, with the exception of the definition of "cyber attack."

Therefore, to resolve the NRC staff's concerns with the requested LARs, ENO is requested to review the list of generic issues provided to the industry cyber security writing team and forwarded to all licensees via e-mail dated March 9, 2010, and provide a revised submittal. For those generic issues that will not be addressed in the revised submittal, please provide additional information or justification in the revised submittal.

For any changes to the Cyber Security Plan proposed in the LARs, ENO is requested to indicate that the revised submittal supersedes, in its entirety, the previous submittal (or indicate what portions are superseded).

As an alternative to, and a potentially less resource intensive method than addressing the individual issues, ENO may submit a revised Cyber Security Plan consistent with Regulatory Guide (RG) 5.71 1 or submit a revised Cyber Security Plan consistent with NEI 08-09, Revision 6. However, if this option is exercised, the NRC staff expects that the exlstinq application will be withdrawn and the revised application resubmitted at the same time.

The NRC staff requests that ENO's response or revised application be submitted within 60 days of the date of this letter. Please contact me if circumstances result in the need to revise the requested response date.

Following receipt and review of your response, you will be advised by separate correspondence if any further information is needed to support the NRC staff's detailed technical review.

1 In January 2010, the NRC staff issued RG 5.71, "Cyber Security Programs for Nuclear Facilities" (ADAMS Accession No. ML090340159). This guidance provides an approach that the NRC staff deems acceptable for complying with the Commission's regulations regarding the protection of digital computers, communications systems, and networks from a cyber security attack.

J. McCann -3 If you have any questions regarding this matter, please contact me at (301) 415-1364.

Sincerely, Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos.50-003, 50-247, 50-286, 50-271, 50-293, and 50-333 cc: Distribution via Listserv

J. McCann -3 If you have any questions regarding this matter, please contact me at (301) 415-1364.

Sincerely, IraJ Douglas V. Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos.50-003, 50-247, 50-286, 50-271, 50-293, and 50-333 cc: Distribution via Listserv Distribution:

PUBLIC LPL 1-1 rtf RidsNrrDorlLpL 1-1 RidsNrrPMREGinna RidsOgcMailCenter RidsNrrPMFitzPatrick RidsNrrLAS Little RidsAcrsAcnwMailCenter RidsRegion1 MailCenter CErlanger, NSIR PPederson, NSIR RidsNrrDirsltsb RidsN rrDorl DprResourcer ADAMS Accession No. IVIL 101310513 OFFICE LPL1-1/PM LPL 1-1/LA LPL1-1/PM LPL 1-1/PM LPL 1-1/BC NAME DPickett SLittie JBoska JKim NSalgado DATE 05/13/10 05/ 13/ 10 05/13/10 05/13/10 05/17/10