ML102150245

8/2/2010 Ltr. to J. Lenois Applicability of the Revised 10 CFR 73.55 Rule to the Haddam Neck Plant Independent Spent Fuel Storage Installation

ML102150245
Person / Time
Site:	Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	08/02/2010
From:	Eric Benner NRC/NMSS/SFST
To:	Lenois J Connecticut Yankee Atomic Power Co
Rich, S NMSS/SFST/LID/LB 492-3218
References
TAC L24439
Download: ML102150245 (4)

Text

August 2, 2010 Mr. James Lenois Manager, Haddam Neck Plant Independent Spent Fuel Storage Installation Connecticut Yankee Atomic Power Company 362 Injun Hollow Road East Hampton, CT 06424-3099

SUBJECT:

APPLICABILITY OF THE REVISED 10 CFR 73.55 RULE TO THE HADDAM NECK PLANT INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO.

L24439)

Dear Mr. Lenois:

This letter is provided as follow up to the U. S. Nuclear Regulatory Commissions (NRCs)

July 20, 2010, webinar on the applicability of the power reactor security regulations to 10 CFR 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 general licensees issued under 10 CFR 72.210. The 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 Installations 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 that may not be in compliance with the current 10 CFR 73.55 rule, 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.

J. Lenois Licensees need to evaluate the applicability of the current 10 CFR 73.55 rule to their specific facility and either make appropriate changes to the facility physical protection system or apply for exemptions, as necessary. As a matter of clarity, the current 10 CFR 73.55 rule does not obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by the previously issued Security Orders. 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, the 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. Licensees should also evaluate the need to revise their Physical Security Plan.

The NRC requires that licensees 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. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010 webinar and this letter. Please contact John Goshen at 301-492-3325 with any questions.

Sincerely,

/RA/

Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos. : 50-213, 72-39 cc: Service List

J. Lenois Licensees need to evaluate the applicability of the current 10 CFR 73.55 rule to their specific facility and either make appropriate changes to the facility physical protection system or apply for exemptions, as necessary. As a matter of clarity, the current 10 CFR 73.55 rule does not obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by the previously issued Security Orders.

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, the 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. Licensees should also evaluate the need to revise their Physical Security Plan.

The NRC requires that licensees 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. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010, webinar and this letter. Please contact John Goshen at 301-492-3325 with any questions.

Sincerely,

/RA/

Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos. : 50-213, 72-39 cc: Service List TAC No. L24439 Distribution: Judith.joustra@nrc.gov ADAMS: MLxxxxxxxxx File location: G:\SFST\Haddam Neck\73.55 exemption\10CFR7355 letter-HN.docx SFST SFST SFST SFST OFC SRich DDamiano JGoshen EBenner NAME 07/29/2010 07/30/2010 08/02/2010 08/02/2010 DATE OFFICIAL RECORD COPY

cc:

Mr. Allan Johanson, Assistant Director Ms. Deborah B. Katz, President Office of Policy and Management Citizens Awareness Network Policy Development and Planning Division P.O. Box 83 450 Capitol Avenue- MS# 52 ERN Shelburne Falls, MA 01370-0083 P.O. Box Bo 341441 Hartford, CT 06134-1441 Mr. Randall L. Speck Kaye, Scholer, Fierman, Hayes & Handler, Regional Administrator, Region I LLP U.S. Nuclear Regulatory Commission The McPherson Building 475 Allendale Road 901 Fifteenth Street, NW Suite 1100 King of Prussia, PA 19406 Washington, DC 20005-2327 Dr. E. L. Wilds, Jr. Director Mr. Robert Capstick Monitoring and Radiation Division Communications Manager Connecticut Department of Environmental Connecticut Yankee Atomic Power Protection Company 79 Elm Street 77 Lakewood Road Hartford, CT 06106-5127 Newton, MA 02461 Board of Selectmen Mr. Joseph Fay Town Office Building General Counsel Haddam, CT 06438 Connecticut Yankee Atomic Power Company Ms. Rosemary Bassilakis 362 Injun Hollow Road Citizens Awareness Network East Hampton, CT 06424-3099 54 Old Turnpike Road Haddam, CT 06438 Mr. Wayne Norton President & CEO Connecticut Yankee Atomic Power Company 362 Injun Hollow Road East Hampton, CT 06424-3099