ML102080269
| ML102080269 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 08/02/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Lash J FirstEnergy Corp |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102080269 (5) | |
Text
August 2, 2010 Mr. James M. Lash President & Chief Nuclear Officer FirstEnergy Corporation 76 South Main Street Akron, OH 44308
SUBJECT:
THREE MILE ISLAND UNIT 2 - REVISED POWER REACTOR SECURITY RULE
Dear Mr. Lash:
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 Three Mile Island Unit 2 is co-located with Three Mile Island Unit 1, and that the site security plan may have addressed the revised power reactor security rule for Three Mile Island Unit 2.
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.: 50-320 cc: Three Mile Island - Unit 2 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 Three Mile Island Unit 2 is co-located with Three Mile Island Units 1, and that the site security plan may have addressed the revised power reactor security rule for Three Mile Island Unit 2.
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.: 50-320 cc: Three Mile Island - Unit 2 Service List Distribution: DWMEP r/f J Joustra, RI D Garner, NSIR L Kauffman, RI P Bamford, NRR ML102080269 OFC RDB/PM RDB/LA RDB/PM RDB/BC NAME JHickman CHolston KBanovac BWatson DATE 7/28/2010 7 / 28 / 2010 7 / 28 / 2010 8/2/2010 OFFICIAL RECORD COPY
Three Mile Island - Unit 2 Service List cc:
Mr. James H. Lash Mr. Bill Noll President & Chief Nuclear Officer Site Vice President, TMI-1 FirstEnergy Corporation Exelon Generation Company LLC 76 South Main Street P.O. Box 480 Akron, OH 44308 Middletown, PA 17057 Mr. Eric Epstein Mr. David W. Jenkins, Esq.
EFMR Monitoring Group First Energy Legal Department 4100 Hillsdale Road 76 South Main St.
Harrisburg, PA 17112 Akron, OH 44308 Mr. Wythe Keever Chairperson The Patriot Dauphin County Board of Commissioners 812 Market Street Dauphin County Courthouse Harrisburg, PA 17105 Front and Market Streets Harrisburg, PA 17120 U.S. Environmental Protection Agency Region III Office Mr. Ad Crable ATTN: Mr. B. Hoffman Lancaster New Era EIS Coordinator 8 West King Street 3ES30 Lancaster, PA 17601 1650 Arch Street Philadelphia, PA 17103 Director Bureau of Radiation Protection Ms. Jane Lee Department of Environmental Protection 183 Valley Road 13th Floor, Rachel Carson State Office Bldg.
Etters, PA 17319 P. O. Box 8469 Harrisburg, PA 17105-8469 Mr. Walter W. Cohen, Consumer Advocate Department of Justice Senior Resident Inspector (TMI-1)
Strawberry Square, 14th Floor U.S. Nuclear Regulatory Commission Harrisburg, PA 17127 P.O. Box 311 Middletown, PA 17057 Mr. Mark E. Ford Manager PDMS Dr. Judith H. Johnsrud Exelon Generation Company LLC Environmental Coalition on Nuclear Power P.O. Box 480 433 Orlando Avenue Middletown, PA 17057 State College, PA 16803-3477 Mr. Jerome Boyd Mr. Dave Atherholt PDMS Supervisor Site Regulatory Assurance Manager, TMI-1 Exelon Generation Company LLC Exelon Generation Company LLC P.O. Box 480 P. O. Box 480 Middletown, PA 17057 Middletown, PA 17057
Mrs. Karen Fili Vice President GPU Nuclear Fleet Oversight 76 South Main Street Akron, OH 44308 Mr. Michael J. Casey GPU Nuclear Responsible Engineer TMI-2 FirstEnergy Nuclear Operating Company Mail Stop: A-GO-14 76 South Main Street Akron, OH 44308