ML102070427
| ML102070427 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 08/02/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Pacilio M Exelon Nuclear |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102070427 (5) | |
Text
August 2, 2010 Mr. Michael J. Pacilio President & Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
PEACH BOTTOM ATOMIC POWER STATION 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.
M.J. Pacilio 2
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 Peach Bottom Unit 1 is co-located with Peach Bottom Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Peach Bottom Unit 1. Therefore no actions may be needed on your part at this time. The staff also understands that there may be no special nuclear material (SNM) at the Peach Bottom Unit 1 site. You may want to review exemptions that have been previously granted for sites without SNM (Agencywide Documents Access and Management System Accession Nos.:
ML022800500 and ML081060313). 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.: 50-171 License No.: DPR-12 cc: Peach Bottom Atomic Power Station, Unit 1 Service List
M.J. Pacilio 2
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 Peach Bottom Unit 1 is co-located with Peach Bottom Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Peach Bottom Unit 1. Therefore no actions may be needed on your part at this time. The staff also understands that there may be no special nuclear material (SNM) at the Peach Bottom Unit 1 site. You may want to review exemptions that have been previously granted for sites without SNM (Agencywide Documents Access and Management System Accession Nos.:
ML022800500 and ML081060313). 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.: 50-171 License No.: DPR-12 cc: Peach Bottom Atomic Power Station, Unit 1 Service List Distribution:
DWMEP r/f J Joustra, RI D Garner, NSIR L Kauffman, RI J Hughey, NRR ML102070427 OFC RDB/PM RDB/LA RDB/PM RDB/BC NAME JHickman CHolston KBanovac BWatson DATE 07/28/2010 07 / 27 / 2010 07 / 27 / 2010 08/2/2010 OFFICIAL RECORD COPY
Peach Bottom Atomic Power Station, Unit 1 Service List cc:
Mr. Christopher M. Crane President and Chief Operating Officer (COO), Exelon Corporation President, Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Charles G. Pardee Chief Operating Officer (COO), Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 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 Ms. Susan R. Landahl Senior Vice President, Exelon Generation Company, LLC Chief Operating Officer (COO), Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 Mr. Ronald J. De Gregorio Senior Vice President, Operations Support, Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Mr. Joseph P. Grimes, Jr.
Senior Vice President, Mid-Atlantic Operations, Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Mr. Stephen E. Kuczynski Senior Vice President, Engineering and Technical Services, Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Bryan C. Hanson Senior Vice President, Midwest Operations, Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Keith R. Jury Vice President, Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Timothy J. Tulon Vice President, Midwest Operations, Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher H. Mudrick Vice President, Mid-Atlantic Operations, Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Mr. Robert J. Hovey Vice President, Nuclear Oversight, Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Tom Dougherty Site Vice President - Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314
Plant Manager - Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Manager Regulatory Assurance - Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Mr. Roland Fletcher Department of Environment Radiological Health Program 2400 Broening Highway Baltimore, MD 21224 Director, Licensing and Regulatory Affairs Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Manager Licensing Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Chief-Division of Nuclear Safety PA Bureau of Radiation Protection Dept. of Environmental Protection P.O. Box 8469 Harrisburg, PA 17105-8469 Board of Supervisors Peach Bottom Township R. D. #1 Delta, PA 17314 Public Service Commission of Maryland Engineering Division Chief Engineer 6 St. Paul Center Baltimore, MD 21202-6806 Ms. Susan Grey Power Plant and Environmental Review Division Department of Natural Resources B-3, Tawes State Office Building Annapolis, MD 21401 Manager-Financial Control & Co-Owner Affairs Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, NJ 08038-0236 Vice President, Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348