ML102070404
| ML102070404 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 08/02/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Pacilio M Exelon Generation Co, Exelon Nuclear |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102070404 (4) | |
Text
August 2, 2010 Mr. Michael J. Pacilio Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO), Exelon Nuclear 4300 Winfield Road Warrenville IL 60555
SUBJECT:
DRESDEN UNIT 1 - REVISED POWER REACTOR SECURITY RULE
Dear Mr. Pacilio:
This letter is being sent as a follow on to the July 20, 2010 webinar on the applicability of the power reactor security regulations to Part 50 licensees. The purpose of this letter is to provide clarification on this issue and notify licensees of additional actions that may be required. The revised Power Reactor Security Rule (74 Federal Register (FR) 13926) became effective on May 26, 2009, with compliance required by March 31, 2010. The requirements in 10 CFR 73.55 are referenced in the protection requirements (10 CFR 72.212(b)(5)) for the general license issued under 10 CFR 72.210. The U.S. Nuclear Regulatory Commission (NRC) recognizes that some Part 50 licensees (e.g., a Part 50 licensee with a facility undergoing decommissioning or a Part 50 licensee that has only a general licensed Independent Spent Fuel Storage Installation (ISFSI) under 10 CFR 72.210 with no plant or a plant in decommissioned status) may not have recognized the applicability of the revised Power Reactor Security Rule to their facility. As a result, Part 50 licensees with facilities in decommissioning or decommissioned status may be out of compliance with the current 10 CFR 73.55 security requirements.
The NRC believes that there are currently no security or health and safety gaps at these facilities that may not be in compliance with the current 10 CFR 73.55 requirements. This is because the security programs at these facilities meet the baseline requirements of the previous version of 10 CFR 73.55 and also meet the requirements in subsequent security orders.
For facilities which may not be in compliance with the current 10 CFR 73.55, the NRC will consider, as appropriate on a case-by-case basis, the use of enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy, "Violations Involving Special Circumstances" for a period of time until the exemption process is completed. The NRC will consider a licensees demonstration of good-faith attempt to interpret and implement the new rule, the licensees prompt corrective actions, and the NRCs recognition of ambiguity regarding the scope of the rule when applying this discretion. Potential findings that are apparent violations of orders or applicable regulations and not attributable to good-faith interpretation and implementation problems, potential noncompliances that involve willfulness or deliberately uncorrected deficiencies, or potential noncompliances that either were not attributable to good-faith interpretation and implementation problems or involved willfulness will be dispositioned through the normal enforcement processes.
Licensees need to evaluate the applicability of the current 10.CFR 73.55 to their specific facility and either make appropriate changes to the Physical Security Plan or ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the new 10 CFR 73.55 rule does not obviate licensees from implementing the Additional Security Measures (ASMs) of 2007. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process.
The NRC expects that licensees will comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemptions requests, and if applicable, license amendment requests should provide the basis for the request. Any necessary responses, exemption requests, or amendments must be submitted 120 days after receipt of this letter. The staff recognizes that Dresden Unit 1 is co-located with Dresden Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Dresden Unit 1. Therefore no actions may be needed on your part at this time. Please contact John B. Hickman at 301-415-3017 or John.Hickman@nrc.gov with questions.
Sincerely, Bruce A. Watson, Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-010 cc: Dresden Nuclear Power Station, Unit 1 Service List
Licensees need to evaluate the applicability of the current 10.CFR 73.55 to their specific facility and either make appropriate changes to the Physical Security Plan or ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the new 10 CFR 73.55 rule does not obviate licensees from implementing the Additional Security Measures (ASMs) of 2007. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process.
The NRC expects that licensees will comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemptions requests, and if applicable, license amendment requests should provide the basis for the request. Any necessary responses, exemption requests, or amendments must be submitted 120 days after receipt of this letter. The staff recognizes that Dresden Unit 1 is co-located with Dresden Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Dresden Unit 1. Therefore no actions may be needed on your part at this time. Please contact John B. Hickman at 301-415-3017 or John.Hickman@nrc.gov with questions.
Sincerely,
/RA/
Bruce A. Watson, Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-010 cc: Dresden Nuclear Power Station, Unit 1 Service List Distribution: DWMEP r/f C Lipa, RIII D Garner, NSIR ML102070404 OFC RDB/PM RDB/LA RDB/BC NAME JHickman CHolston BWatson DATE 07/28/10 07/28/10 08/2/10 OFFICIAL RECORD COPY
Dresden Nuclear Power Station, Unit 1 Service List - John Hickman, Project Manager cc:
Site Vice President - Dresden Nuclear Document Control Desk - Licensing Power Station Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 6500 North Dresden Road Warrenville, IL 60555 Morris, IL 60450-9765 Decommissioning Plant Manager - Dresden Plant Manager - Dresden Nuclear Nuclear Power Station Power Station Exelon Generation Company, LLC Exelon Generation Company, LLC 6500 North Dresden Road 6500 North Dresden Road Morris, IL 60450-9765 Morris, IL 60450-9765 U.S. Nuclear Regulatory Commission Manager Regulatory Assurance - Dresden Resident Inspectors Office Nuclear Power Station Dresden Station Exelon Generation Company, LLC 6500 North Dresden Road 6500 North Dresden Road Morris, IL 60450-9765 Morris, IL 60450-9765 Chairman Senior Vice President, Midwest Operations Grundy County Board Exelon Generation Company, LLC Administration Building 4300 Winfield Road 1320 Union Street Warrenville, IL 60555 Morris, IL 60450 Senior Vice President - Operations Support Regional Administrator Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 4300 Winfield Road Region III Warrenville, IL 60555 2443 Warrenville Road Lisle, IL 60532-4352 Vice President - Licensing and Regulatory Affairs Illinois Department of Nuclear Safety Exelon Generation Company, LLC Office of Nuclear Facility Safety 4300 Winfield Road 1035 Outer Park Drive Warrenville, IL 60555 Springfield, IL 62704 Director - Licensing and Regulatory Affairs Manager Licensing - Clinton, Dresden, Exelon Generation Company, LLC and Quad Cities 4300 Winfield Road Exelon Generation Company, LLC Warrenville, IL 60555 4300 Winfield Road Warrenville, IL 60555 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555