ML102090071
| ML102090071 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/02/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Heacock D Dominion Nuclear Connecticut |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| FOIA/PA-2011-0115 | |
| Download: ML102090071 (4) | |
Text
August 2, 2010 Mr. David A Heacock President and Chief Nuclear Officer Dominion Nuclear Dominion Nuclear Connecticut, Inc.
Innsbrook Technical Center 5000 Dominio Boulevard Glen Allen, VA 23060-6711
SUBJECT:
MILLSTONE UNIT 1 - REVISED POWER REACTOR SECURITY RULE
Dear Mr. Heacock:
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.A. Heacock 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 Millstone Unit 1 is co-located with Millstone Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Millstone 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.: 50-245 cc: Millstone Power Station Unit 1 Service List
D.A. Heacock 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 Millstone Unit 1 is co-located with Millstone Units 2 and 3, and that the site security plan may have addressed the revised power reactor security rule for Millstone 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.: 50-245 cc: Millstone Power Station Unit 1 Service List Distribution:
DWMEP r/f J Joustra, RI D Garner, NSIR C Sanders, NRR ML102090071 OFC RDB/PM RDB/LA RDB/BC NAME JHickman CHolston BWatson DATE 07 /29/ 2010 07 / 29 / 2010 08 /2/ 2010 OFFICIAL RECORD COPY
Millstone Power Station Unit 1 - John Hickman, Project Manager cc:
Mr. A. J. Jordan Site Vice President - Millstone Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. P. J. Parulis Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. S. E. Scace Assistant to the Site Vice President Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Robert T. Griffin, Director Nuclear Safety and Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. S. P. Sarver, Director Nuclear Station Operations & Maintenance Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Dominion Resources Services, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. William D. Bartron Licensing Supervisor Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, Connecticut 06385 Lillian M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.
Rope Ferry Road Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott, Co-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070 Nancy Burton, Esquire 147 Cross Highway Redding Ridge, CT 06876 Senior Resident Inspector Millstone Power Station c/o Nuclear Regulatory Commission P.O. Box 513 Niantic, CT 06357 Mr. David A. Christian President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 13060-6711