ML102070452
| ML102070452 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 08/02/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Conklin L Southern California Edison Co |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102070452 (4) | |
Text
August 2, 2010 Ms. Linda Conklin Licensing Manager Southern California Edison 5000 Pacific Coast Highway San Clemente, CA 92672
SUBJECT:
SAN ONOFRE UNIT 1 - REVISED POWER REACTOR SECURITY RULE
Dear Ms. Conklin:
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 San Onofre Unit 1 is co-located with San Onofre Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for San Onofre 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.: 50-206 cc: San Onofre Nuclear Generating Station Service List
L. Conklin 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 San Onofre Unit 1 is co-located with San Onofre Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for San Onofre 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.: 50-206 cc: San Onofre Nuclear Generating Station Service List Distribution:
DWMEP r/f B Spitzberg, RIV D Garner, NSIR ML102070452 OFC RDB/PM RDB/LA RDB/PM RDB/BC NAME JHickman CHolston JShepherd BWatson DATE 7/27/2010 7 / 27 / 2010 7 / 27 / 2010 8/2/2010 OFFICIAL RECORD COPY
San Onofre Nuclear Generating Station Service List cc:
Ross T. Ridenoure, Eileen M. Teichert, Esq.
Chief Nuclear Officer Supervising Deputy City Attorney Southern California Edison Company City of Riverside San Onofre Nuclear Generating Station 3900 Main Street P.O. Box 128 Riverside, CA 92522 San Clemente, CA 92674-0128 David Spath, Chief Douglas K. Porter, Esq. Division of Drinking Water and Southern California Edison Company Environmental Management 2244 Walnut Grove Avenue California Department of Health Services Rosemead, CA 91770 P.O. Box 942732 Sacramento, CA 94234-7320 Douglas R. Bauder Southern California Edison Company Michael R. Olson San Onofre Nuclear Generating Station San Onofre Liaison P.O. Box 128 San Diego Gas & Electric Company San Clemente, CA 92674-0128 P.O. Box 1831 San Diego, CA 92112-4150 Albert R. Hochevar Southern California Edison Company Ed Bailey, Chief San Onofre Nuclear Generating Station Radiologic Health Branch P.O. Box 128 State Department of Health Services San Clemente, CA 92674-0128 P.O. Box 997414 (MS 7610)
Sacramento, CA 95899-7414 A. Edward Scherer Southern California Edison Mayor, City of San Clemente San Onofre Nuclear Generating Station 100 Avenida Presidio P.O. Box 128 San Clemente, CA 92672 San Clemente, CA 92674-0128 James D. Boyd, Commissioner Chairman, Board of Supervisors California Energy Commission County of San Diego 1516 Ninth Street (MS 34) 1600 Pacific Highway, Room 335 Sacramento, CA 95814 San Diego, CA 92101 James D. Boyd, Commissioner Gary L. Nolff California Energy Commission Power Projects/Contracts Manager 1516 Ninth Street (MS 34)
Riverside Public Utilities Sacramento, CA 95814 2911 Adams Street Riverside, CA 92504