ML102080091
| ML102080091 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center |
| Issue date: | 08/03/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Doreen Turner General Electric Co |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102080091 (4) | |
Text
August 3, 2010 Mr. David W. Turner Manager, Vallecitos Nuclear Center General Electric Company 6705 Vallecitos Road Sunol, CA 94586
SUBJECT:
VALLECITOS BOILING WATER REACTOR - REVISED POWER REACTOR SECURITY RULE
Dear Mr. Turner:
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.
D. W. Turner 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 the Vallecitos Boiling Water Reactor (VBWR) is co-located with an ISFSI and operating research and test reactor, and that the site security plan may have addressed the revised power reactor security rule for VBWR. 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 VBWR site. You may want to review exemptions that have been previously granted for sites without SNM (Adams 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.: 50-018 cc: General Electric Company Service List
D. W. Turner 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 the Vallecitos Boiling Water Reactor (VBWR) is co-located with an ISFSI and operating research and test reactor, and that the site security plan may have addressed the revised power reactor security rule for VBWR. 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 VBWR site. You may want to review exemptions that have been previously granted for sites without SNM (Adams 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.: 50-018 cc: General Electric Company Service List Distribution:
DWMEP r/f B Spitzberg, RIV D Garner, NSIR ML102080091 OFC RDB/PM RDB/LA RDB/PM RDB/BC NAME JHickman CHolston JBuckley BWatson DATE 08/3/10 08/3/10 08/3/10 08/3/10 OFFICIAL RECORD COPY
General Electric Company Service List - John Buckley, Project Manager cc:
Mr. Steve Hsu Radiologic Health Branch State Department of Health Service P.O. Box 942732 Sacramento, CA 94234-7320 Harry C. Burgess, Esq.
General Electric Company Nuclear Energy Business Operations 175 Curtner Avenue Mail Code 822 San Jose, CA 95125 Mr. David W. Turner Manager, Vallecitos Nuclear Center GE-Hitachi Nuclear Energy Americas, LLC 6705 Vallecitos Road Sunol, CA 94586 Mr. John L. Turk 2321 Alva Avenue El Cerrito, CA 94530 The Honorable Ronald V. Dellums ATTN: H. Lee Halterman, Esq.
201 13th Street, Room 105 Oakland, CA 94617 George Edgar, Esq.,
Thomas A. Schmutz, Esq.
Newman and Holtzinger 1615 L Street, N.W.
Suite 2000 Washington, DC 20036 Charles R. Imbrecht, Chairman California Energy Commission 1516 Ninth Street Sacramento, CA 95814 Attn: Ms. Gwen Quigg Mr. Donald R. Krause Manager, Regulatory Compliance & EHS General Electric Company 6705 Vallecitos Road Sunol, CA 94586