ML101450225

License Amendment Request for Approval of the Cyber Security Plan

ML101450225
Person / Time
Site:	Browns Ferry
Issue date:	06/07/2010
From:	Stewart Bailey Plant Licensing Branch II
To:	Krich R Tennessee Valley Authority
Bailey S , NRR/DORL,415-1321
References
TAC ME2707, TAC ME2708, TAC ME2709
Download: ML101450225 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 June 7, 2010 Mr. R. M. Krich Vice President, Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - LICENSE AMENDMENT REQUEST FOR APPROVAL OF THE CYBER SECURITY PLAN (TAC NOS. ME2707, ME2708, AND ME2709)

Dear Mr. Krich:

By letter dated November 27,2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093290183), as supplemented by letter dated December 18, 2009 (ADAMS Accession No. ML093570094), Tennessee Valley Authority (the licensee) submitted a license amendment request (LAR) for Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3. The LAR includes the proposed cyber security plan, proposed changes to Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 for BFN Units 1, 2, and 3, respectively, and a proposed cyber security plan implementation schedule. The proposed cyber security plan was 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 this LAR. In accordance with 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 BFN is based on an earlier version of Nuclear Energy Institute (NEI) 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 represent operating power reactor licensees in resolving these concerns.

Through numerous interactions, the NRC staff has communicated its generic concerns with the NEI guidance. The security-related nature of the information required that these interactions 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).

R. M. Krich -2 By letter dated April 28, 2010 (ADAMS Accession No. ML101180434), NEI submitted Revision 6 to NEI 08-09, "Cyber Security Plan for Nuclear Power Reactors" (ADAMS Accession No. ML101180437), 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 previously submitted LAR, the licensee is requested to review the list of generic issues provided via e-mail dated March 9, 2010, and provide a revised submittal. The licensee is also requested to provide justification for any generic issues that will not be addressed in the revised submittal.

For any changes to the Cyber Security Plan proposed in the LAR, the licensee 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 addressing the individual generic issues, the licensee may submit a revised Cyber Security Plan consistent with NRC Regulatory Guide (RG) 5.71* 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 existing application will be withdrawn and the revised application resubmitted at the same time.

The NRC staff requests that the licensee'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 the licensee's response, you will be advised by separate correspondence if any further information is needed to support the NRC staff's detailed technical review.

• 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.

R. M. Krich -3 If you have any questions regarding this matter, I may be reached at (301) 415-1321.

Sincerely,

&~rOJect Plant Licensing Branch 11-2 Manager Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: Distribution via ListServ

ML101450225 OFFICE NRRlLPL2-2/PM NRRlLPL2-2/LA NRRlLPL2-2/BC NAME SBailey BClayton DBroaddus (EBrown for)

DATE OS/26/10 OS/25/10 06/07/10