ML11195A124

Issuance of Amendments Regarding the Cyber Security Plan (TS-470) (TAC Nos. ME4952, ME4953 & ME4954)

ML11195A124
Person / Time
Site:	Browns Ferry
Issue date:	07/29/2011
From:	Gratton C Plant Licensing Branch II
To:	Krich R Tennessee Valley Authority
Gratton, Christopher
References
TAC ME4952, TAC ME4953, TAC ME4954
Download: ML11195A124 (25)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 29, 2011 Mr. Rodney M. Krich Vice President, Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1,2, AND 3 - ISSUANCE OF AMENDMENTS REGARDING THE CYBER SECURITY PLAN (TS-470)

(TAC NOS. ME4952, ME4953, AND ME4954)

Dear Mr. Krich:

The Commission has issued the enclosed Amendment Nos. 279 ,306 ,and 265 to Renewed Facility Operating Licenses Nos. DPR-33, DPR-52. and DPR-68 for the Browns Ferry Nuclear Plant, Units 1, 2, and 3, respectively. These amendments are in response to your application dated November 23,2009, as supplemented by letters dated December 18, 2009, July 23 and October 1, 2010; April 7 and July 15, 2011. These amendments cover the Cyber Security Plan (CSP), the CSP implementation schedule and revisions to the existing facility operating licenses physical protection license condition.

A copy of the safety evaluation is also enclosed. A notice of issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, Christopher Gratton, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296

Enclosures:

1. Amendment No. 279 to DPR-33

2. Amendment No. 306 to DPR-52

3. Amendment No. 265 to DPR-68

4. Safety Evaluation cc w/encls: Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 TENNESSEE VALLEY AUTHORITY DOCKET NO. 50-259 BROWNS FERRY NUCLEAR PLANT UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 279 Renewed License No. DPR-33

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Tennessee Valley Authority (the licensee)

November 23,2009, as supplemented by letters dated December 18, 2009, July 23 and October 1, 2010; April 7 and July 15, 2011, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR) Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act.

and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

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2. Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-33 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 279 ,are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. Further, Renewed Facility Operating License No. DPR-33 is amended to add new license condition, 2.C. (11)(b) which reads:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 279 .

4. This license amendment is effective as of the date of its issuance. The implementation of the cyber security plan (CSP), including the key intermediate milestone dates and the full implementation date, shall be in accordance with the implementation schedule submitted by the licensee on April 7, 2011, and approved by the NRC staff with this license amendment. All subsequent changes to the NRC-approved CSP implementation schedule will require prior NRC approval pursuant to 10 CFR 50.90.

FOR THE NUCLEAR REGULATORY COMMISSION

?~~ Douglas A. Broaddus, Chief Plant Licensing Branch 11-2 Division of Operating Reactor licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License Date of Issuance: July 29, 2011

ATTACHMENT TO LICENSE AMENDMENT NO. 279 RENEWED FACILITY OPERATING LICENSE NO. DPR-33 DOCKET NO. 50-259 Replace the following pages of Renewed Operating License DPR-33 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages 3 3 5 5

-3 (3) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct. source, or special nuclear material without restriction to chemical or physical form for sample analysis or equipment and instrument calibration or associated with radioactive apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 3458 megawatts thermal.

(2) Technical Specifications The Technical SpeCifications contained in Appendices A and B, as revised through Amendment No. 27.9 ,are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new in Amendment 234 to Facility Operating License DPR-33, the first performance is due at the end of the first surveillance interval that begins at implementation of the Amendment 234. For SRs that existed prior to Amendment 234, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the surveillance was last performed prior to implementation of Amendment 234.

BFN-UNIT 1 Renewed License No. DPR-33 Amendment No. 279

-5 (8) Deleted.

(9) Deleted.

(10) Deleted.

(11)(a) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled:

"Browns Ferry Nuclear Plant Physical Security Plan, Training and Qualification Plan, and Contingency Plan," submitted by letter dated April 28, 2006.

(b) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50 54(p). The licensee CSP was approved by License Amendment No. 279.

(12) Deleted.

(13) Browns Ferry Nuclear Plant shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for BFN as approved in the safety evaluations dated December 8, 1988; March 31,1993; April 1, 1993; November 2, 1995; April 25, 2007, and Supplement dated November 3, 1989; subject to the following provision:

The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(14) The licensee shall maintain the Augmented Quality Program for the Standby Liquid Control System to provide quality control elements to ensure component reliability for the required alternative source term function defined in the Updated Final Safety Analyses Report (UFSAR).

(15) The licensee is required to confirm that the conclusions made in TVA's letter dated September 17, 2004, for the turbine building remain acceptable using seismic demand accelerations based on dynamiC seismic analysis prior to the restart of Unit 1.

(16) Upon implementation of Amendment No. 275, adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by SR 3.7.3.4, in accordance with TS 5.5.13.c.(i), the assessment of the CRE habitability as required by TS 5.5.13.c.(ii), and the measure of CRE pressure as required by TS 5.5.13.d, shall be considered met.

BFN-UNIT 1 Renewed License No. DPR-33 Amendment No. 279

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 TENNESSEE VALLEY AUTHORITY DOCKET NO. 50-260 BROWNS FERRY NUCLEAR PLANT. UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 306 Renewed License No. DPR-52

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Tennessee Valley Authority (the licensee)

November 23, 2009, as supplemented by letters dated December 18, 2009, July 23 and October 1, 2010; April 7 and July 15, 2011, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR) Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

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2. Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-S2 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 306 , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. Further, Renewed Facility Operating License No. DPR-S2 is amended to add new license condition, 2.C. (11)(b) which reads:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR SO.90 and 10 CFR SO.S4(p). The licensee CSP was approved by License Amendment No. 306 .

4. This license amendment is effective as of the date of its issuance. The implementation of the cyber security plan (CSP), including the key intermediate milestone dates and the full implementation date, shall be in accordance with the implementation schedule submitted by the licensee on April?, 2011, and approved by the NRC staff with this license amendment. All subsequent changes to the NRC-approved CSP implementation schedule will require prior NRC approval pursuant to 10 CFR SO.90.

FOR THE NUCLEAR REGULATORY COMMISSION Douglas A. Broaddus, Chief Plant Licensing Branch 11-2 Division of Operating Reactor licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License Date of Issuance: July 29, 2011

ATTACHMENT TO LICENSE AMENDMENT NO. 306 RENEWED FACILITY OPERATING LICENSE NO. DPR-52 DOCKET NO. 50-260 Replace the following pages of Renewed Operating License DPR-52 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages 3 3 5 5

-3 sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form for sample analysis or equipment and instrument calibration or associated with radioactive apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 3458 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 306 , are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new in Amendment 253 to Facility Operating License DPR-52, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 253. For SRs that existed prior to Amendment 253, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the surveillance was last performed prior to implementation of Amendment 253.

(3) The licensee is authorized to relocate certain requirements included in Appendix A and the former Appendix B to licensee-controlled documents.

Implementation of this amendment shall include the relocation of these requirements to the appropriate documents, as described in the licensee's BFN-UNIT2 Renewed License No. DPR-52 306 Amendment No.

-5 (8) Deleted.

(9) Deleted.

(10) Deleted.

(11 )(a) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p}. The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled:

"Browns Ferry Nuclear Plant Physical Security Plan, Training and Qualification Plan, and Contingency Plan," submitted by letter dated April 28, 2006.

(b) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 306.

(12) Deleted.

(13) Deleted.

(14) Browns Ferry Nuclear Plant shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for BFN as approved in the safety evaluations dated December 8,1988; March 31,1993; April 1, 1993; November 2,1995; April 25, 2007, and Supplement dated November 3, 1989; subject to the following provision:

The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.

(15) The licensee shall maintain the Augmented Quality Program for the Standby Liquid Control System to provide quality control elements to ensure component reliability for the required alternative source term function defined in the Updated Final Safety Analyses Report (UFSAR).

(16) Upon implementation of Amendment No. 302, adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by SR 3.7.3.4, in accordance with TS 5.5.13.c.(i), the assessment of the CRE habitability as required by TS 5.5.13.c. (ii), and the measure of CRE pressure as required by TS 5.5.13.d, shall be considered met.

BFN-UNIT 2 Renp.wed License No. OPR-52 Amendmenf -No. 306

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 TENNESSEE VALLEY AUTHORITY DOCKET NO. 50-296 BROWNS FERRY NUCLEAR PLANT, UNIT 3 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 265 Renewed License No. DPR-68

1. The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by Tennessee Valley Authority (the licensee)

November 23, 2009, as supplemented by letters dated December 18, 2009, July 23 and October 1, 2010; April 7 and July 15, 2011, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in Title 10 of the Code of Federal Regulations (10 CFR) Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's reg u lations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

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2. Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-68 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 265 ,are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

3. Further, Renewed Facility Operating License No. DPR-68 is amended to add new license condition, 2.C. (6)(b) which reads:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 265

4. This license amendment is effective as of the date of its issuance. The implementation of the cyber security plan (CSP), including the key intermediate milestone dates and the full implementation date, shall be in accordance with the implementation schedule submitted by the licensee on April 7, 2011, and approved by the NRC staff with this license amendment. All subsequent changes to the NRC-approved CSP implementation schedule will require prior NRC approval pursuant to 10 CFR 50.90.

FOR THE NUCLEAR REGULATORY COMMISSION Douglas A. Broaddus, Chief Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Operating License Date of Issuance: July 29, 2011

ATTACHMENT TO LICENSE AMENDMENT NO. 265 RENEWED FACILITY OPERATING LICENSE NO. DPR-68 DOCKET NO. 50-296 Replace the following pages of Renewed Operating License DPR-52 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.

Remove Pages Insert Pages 3 3 4 4 5 5

-3 (3) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form for sample analysis or equipment and instrument calibration or associated with radioactive apparatus or components; (5) Pursuant to the Act and 10 CFR Parts 30 and 70, to possess but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This renewed operating license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:

Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 3458 megawatts thermal.

(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 265 , are hereby incorporated in the renewed operating license. The licensee shall operate the facility in accordance with the Technical Specifications.

For Surveillance Requirements (SRs) that are new in Amendment 212 to Facility Operating License DPR-68, the first performance is due at the end of the first surveillance interval that begins at implementation of the Amendment 212. For SRs that existed prior to Amendment 212, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the surveillance was last performed prior to implementation of Amendment 212.

BFN-UNIT 3 Renewed License No. DPR-68 Amendment No. 265

-4 (3) The licensee is authorized to relocate certain requirements included in Appendix A and the former Appendix B to licensee-controlled documents.

Implementation of this amendment shall include the relocation of these requirements to the appropriate documents, as described in the licensee's application dated September 6, 1996; as supplemented May 1, August 14, November 5 and 14, December 3, 4, 11, 22, 23, 29, and 30, 1997; January 23, March 12, April 16, 20, and 28, May 7,14,19, and 27, and June 2, 5, 10 and 19, 1998; evaluated in the NRC staffs Safety Evaluation enclosed with this amendment. This amendment is effective immediately and shall be implemented within 90 days of the date of this amendment.

(4) Deleted.

(5) Classroom and simulator training on all power uprate related changes that affect operator performance will be conducted prior to operating at uprated conditions. Simulator changes that are consistent with power uprate conditions will be made and simulator fidelity will be validated in accordance with ANSI/ANS 3.5-1985. Training .and the plant simulator will be modified I as necessary, to incorporate changes identified during startup testing. This amendment is effective immediately. .

(6)(a) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "Browns Ferry Nuclear Plant Physical Security Plan, Training and Qualification Plan, and Contingency Plan," Revision 4, submitted by letter dated April 28, 2006.

(b) The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The licensee CSP was approved by License Amendment No. 265.

(7) Browns Ferry Nuclear Plant shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Final Safety Analysis Report for BFN as approved in the safety evaluations dated December 8, 1988; March 31, 1993; April 1, 1993; November 2, 1995; April 25, 2007, and Supplement dated November 3, 1989; subject to the following provision:

The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not advel"sely affect the ability to achieve and maintain safe shutdown in the event of a fire.

BFN-UNIT 3 Renewed License No. DPR-68 Amendment No. 265.

-s (8) Deleted.

(9) The licensee shall maintain the Augmented Quality Program for the Standby Liquid Control System to provide quality control elements to ensure component reliability for the required alternative source term function defined in the Updated Final Safety Analyses Report (UFSAR).

(1 0) Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Fire fighting response strategy with the following elements:

1. Pre-defined coordinated fire response strategy and guidance

2. Assessment of mutual aid fire fighting assets

3. Designated staging areas for equipment and materials

4. Command and control

5. Training of response personnel (b) Operations to mitigate fuel damage considering the following:

1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy

7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of:

1. Water spray scrubbing

2. Dose to onsite responders (11) The licensee shall implement and maintain all Actions required by Attachment 2 to NRC Order EA-06-137, issued June 20,2006, except the last action that requires incorporation of the strategies into the site security plan, contingency plan, emergency plan and/or guard training and qualification plan, as appropriate.

(12) Upon completion of Amendment No. 261, adopting TSTF-448, Revision 3, the determination of control room envelope (CRE) unfiltered air inleakage as required by SR 3.7.3.4, in accordance with TS 5.S.13.c{i), the assessment of the CRE habitability as required by TS 5.S.13.c(ii), and the measurement of the CRE pressure as required by TS 5.S.13.d. shall be considered met.

BFN-UNIT 3 Renewed License No. DPR-68 Amendment No. 265

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 279 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-33 AMENDMENT NO. 306 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-52 AMENDMENT NO. 265 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-68 TENNESSEE VALLEY AUTHORITY BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 DOCKET NOS. 50-259, 50-260, AND 50-296

1.0 INTRODUCTION

By letter dated November 23,2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093290183), supplemented by letters dated December 18, 2009; July 23 and October 1, 2010; April 7 and July 15, 2011 (ADAMS Accession Nos. ML093570094, ML102090056, ML102790047, ML111050608, and ML11199A217 respectively), Tennessee Valley Authority (the licensee) submitted a license amendment request. Included in that license amendment request was a request for approval of the licensee's Cyber Security Plan (CSP) and Implementation Schedule for the Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3 as required by Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Section 73.54 (Reference 8.1).

Initially, the supplement dated July 23, 2010, revised the CSP and its implementation schedule in its entirety. On April 7, 2011 the licensee supplemented their CSP, to address: 1) scope of systems in response to the October 21, 2010, Nuclear Regulatory Commission (NRC) decision (Reference 8.2); 2) records retention; and 3) implementation schedule. This supplement included Revision 0 of the CSP in its entirety incorporating all of the changes and/or additional information.

Portions of the letters dated November 23, 2009, July 23, 2010, and April 7, 2011, contain sensitive unclassified non-safeguards information (security-related) and accordingly, those portions are being withheld from public disclosure.

The supplement dated December 18, 2009, provided the revised no significant hazards consideration determination, and the notice in Federal Register (December 7,2010; 75 FR 76046) was based on this supplement. The supplements dated July 23,2010, October 1,2010, April 7, 2011, and July 15, 2011, provided additional information that did not change the December 18, 2009, proposed no significant hazards consideration determination.

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2.0 REGULATORY EVALUATION

2.1 General Requirements Consistent with 10 CFR 73.54(a), the licensee must provide high assurance that digital computer and communication systems, and networks are adequately protected against cyber attacks, up to and including the design basis threat (OST), as described in 10 CFR 73.1. The licensee shall protect digital computer and communication systems and networks associated with:

(i) safety-related and important-to-safety functions; (ii) security functions; (iii) emergency preparedness functions, including offsite communications; and (iv) support systems and equipment which, if compromised, would adversely impact safety, security, or emergency preparedness (SSEP) functions. The rule specifies that digital computer and communication systems and networks associated with these functions must be protected from cyber attacks that would adversely impact the integrity or confidentiality of data and software; deny access to systems, services, or data; or provide an adverse impact to the operations of systems, networks, and associated equipment.

In the October 21,2010, Staff Requirements Memorandum (SRM)-COMWCO-10-0001 (Reference 8.2), the Commission stated that the NRC's cyber security rule in 10 CFR 73.54 should be interpreted to include structures, systems, and components (SSCs) in the balance of plant (SOP) that have a nexus to radiological health and safety. The NRC staff determined that SSCs in the SOP that have a nexus to radiological health and safety are those that could directly or indirectly affect reactivity of a nuclear power plant (NPP), and are therefore within the scope of important-to-safety functions described in 10 CFR 73.54(a)(1).

2.2 Elements of a CSP As stated in 10 CFR 73.54(e), the licensee must establish, implement, and maintain a CSP that satisfies the Cyber Security Program requirements of this regulation. In addition, the CSP must describe how the licensee will implement the requirements of the regulation and must account for the site-specific conditions that affect implementation. One method of complying with this regulation is to describe within the CSP how the licensee will achieve high assurance that all SSEP functions are protected from cyber attacks.

2.3 Regulatory Guide (RG) 5.71 and Nuclear Energy Institute (NEI) 08-09, Revision 6 RG 5.71, "Cyber Security Programs for Nuclear Facilities," (Reference 8.3) describes a regulatory position that promotes a defensive strategy conSisting of a defensive architecture and a set of security controls based on standards provided in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, "Recommended Security Controls for Federal Information Systems and Organizations," and NIST SP 800-82, "Guide to Industrial Control Systems Security," dated September 29, 2008. NIST SP 800-53 and NIST SP 800-82 are based on well-understood cyber threats, risks, and vulnerabilities, coupled with equally well-understood countermeasures and protective techniques. RG 5.71 divides the above-noted security controls into three broad categories: technical, operational, and management.

RG 5.71 provides a framework to aid in the identification of those digital assets that licensees must protect from cyber attacks. These identified digital assets are referred to as "critical digital assets"

-3 (CDAs). Licensees should address the potential cyber security risks to CDAs by applying the defensive architecture and addressing the collection of security controls identified in RG 5.71. RG 5.71 includes a CSP template that provides one method for preparing an acceptable CSP.

The organization of RG 5.71 reflects the steps necessary to meet the requirements of 10 CFR 73.54. Section C.3 of RG 5.71 describes an acceptable method for implementing the security controls, as detailed in Appendix B, "Technical Controls," and Appendix C, "Operational and Management Controls." Section C.4 of RG 5.71 discusses the need to maintain the established Cyber Security Program, including comprehensive monitoring of the CDAs and the effectiveness of their security protection measures, ensuring that changes to the CDAs or the environment are controlled, coordinated, and periodically reviewed for continued protection from cyber attacks. Section C.5 of RG 5.71 provides licensees and applicants with guidance for retaining records associated with their cyber security programs. Appendix A to RG 5.71 provides a template for a generic CSP which licensees may use to comply with the licensing requirements of 10 CFR 73.54. Appendices Band C provide an acceptable set of security controls, which are based on well-understood threats, vulnerabilities, and attacks, coupled with equally well-understood and vetted countermeasures and protective techniques.

NEI 08-09, Revision 6 (Reference 8.4) closely maps with RG 5.71; Appendix A of NEI 08-09, Revision 6 contains a CSP template that is comparable to Appendix A of RG 5.71. Appendix D of NEI 08-09, Revision 6 contains technical cyber security controls that are comparable to Appendix B of RG 5.71. Appendix E of NEI 08-09, Revision 6 contains operational and management cyber security controls that are comparable to Appendix C of RG 5.71.

The NRC staff stated in a letter dated May 5,2010 (Reference 8.5), that the licensee may use the template in NEI 08-09, Revision 6, to prepare an acceptable CSP, with the exception of the definition of "cyber attack." The NRC staff subsequently reviewed and approved by letter dated June 7,2010 (ADAMS Accession No. ML101550052), a definition for "cyber attack" to be used in submissions based on NEt 08-09, Revision 6. The licensee submitted a CSP for the BFN, Units 1, 2, and 3 that was based on the template provided in NEI 08-09, Revision 6 and included a definition of cyber attack acceptable to the NRC staff in the deviation table that was referenced as an attachment to Enclosure 3 within the CSP package. The deviation lists the location of the term "cyber attack" within the NEI 08-09, Revision 6 template; the original NEI 08-09 definition; the definition used by the BFN, Units 1, 2, and 3 CSP; and the source of the latest definition, as provided by the NRC. Additionally, the licensee submitted a supplement to their CSP on April 7, 2011, to include information on SSCs in the BOP that, if compromised, could affect NPP reactivity.

RG 5.71 and NEI 08-09, Revision 6 are comparable documents; both are based on essentially the same general approach and same set of technical, operational, and management security controls. The submitted CSP was reviewed against the corresponding sections in RG 5.71.

3.0 TECHNICAL EVALUATION

The NRC staff performed a technical evaluation of the licensee's submittal. The licensee's submittal, with the exceptions of deviations described in Section 4.0, generally conformed to the guidance in NEI 08-09, Revision 6, which was found to be acceptable by the NRC staff and comparable to RG 5.71 to satisfy the requirements contained in 10 CFR 73.54. The NRC staff reviewed the licensee's submittal against the requirements of 10 CFR 73.54 following the

-4 guidance contained in RG 5.71. The NRC staff's evaluation of each section of their submittal is discussed below.

3.1 Scope and Purpose The licensee's CSP establishes a means to achieve high assurance that digital computer and communication systems and networks associated with the following functions are adequately protected against cyber attacks up to and including the OBT:

1. Safety-related and important-to-safety functions;

2. Security functions;

3. Emergency preparedness functions, including offsite communications; and

4. Support systems and equipment which, if compromised, would adversely impact SSEP functions.

The submitted CSP describes achievement of high assurance of adequate protection of systems associated with the above functions from cyber attacks by:

• Implementing and documenting the "baseline" security controls as described in Section 3.1.6 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.3 described in RG 5.71; and

• Implementing and documenting a Cyber Security Program to maintain the established cyber security controls through a comprehensive life cycle approach as described in Section 4 of NEI 08-09, Revision 6, which is comparable to Appendix A, Section A.2.1 of RG 5.71.

Thus, the licensee's CSP, as originally submitted, is comparable to the CSP in NEI-08-09, Revision 6. However, in its submittal dated April 7, 2011, the licensee clarified its original submission and indicated that the scope of systems includes those BOP SSCs that have an impact on NPP reactivity if compromised. This is in response to and consistent with SRM-COMWCO-10-0001 in which the Commission stated that the NRC's cyber security rule at 10 CFR 73.54 should be interpreted to include SSCs in the BOP that have a nexus to radiological health and safety. The NRC staff determined that those systems that have a nexus to radiological health and safety are those that could directly or indirectly affect reactivity of a NPP, and are therefore within the scope of important-to-safety functions described in 10 CFR 73.54(a)(1).

The NRC staff reviewed the CSP and the supplemental information submitted by the licensee and found no deviation from Regulatory Position C.3.3 in RG 5.71 and Appendix A, Section A.2.1 of RG 5.71. The NRC staff finds that the licensee established adequate measures to implement and document the Cyber Security Program, including baseline security controls.

Based on the above, the NRC staff finds that the CSP adequately establishes the Cyber Security Program, including baseline security controls.

- 5 3.2 Analyzing Digital Computer Systems and Networks and Applying Cyber Security Controls The licensee's CSP states that the Cyber Security Program is established, implemented, and maintained as described in Section 3.1 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.1 described in RG 5.71 to:

• Analyze digital computer and communications systems and networks; and

• Identify those assets that must be protected against cyber attacks to satisfy 10 CFR 73.54(a).

The submitted CSP describes how the cyber security controls in Appendices D and E of NEI 08-09, Revision 6, which are comparable to Appendices Band C in RG 5.71, are addressed to protect CDAs from cyber attacks.

This section of the CSP submitted by the licensee is comparable to Regulatory Position C.3.1 in RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately addresses security controls.

3.3 Cyber Security Assessment and Authorization The licensee provided information addressing the creation of a formal, documented, cyber security assessment and authorization policy. This included a description concerning the creation of a formal, documented procedure comparable to Section 3.1.1 of NEI 08-09, Revision 6, with a deviation as explained below.

The NRC staff finds that the licensee established adequate measures to define and address the purpose, scope, roles, responsibilities, management commitment, and coordination, and to facilitate the implementation of the cyber security assessment and authorization policy.

The licensee listed several organizational functions that are involved in the coordination of the policy components (scope, roles, responsibilities, etc.) These functions include Engineering, Computer Engineering, Operations, Security, and Emergency Preparedness. However, the licensee fails to indicate which plant or enterprise organizational entities implemented these functions (offices, divisions, departments, branches, etc.) Regulatory Position C.3.1.1 in RG 5.71 notes that the required coordination for policy is accomplished among "licensee departments."

Because the BFN, Units 1, 2, and 3 CSP specifically mentions discreet organizational functions that will be involved in the coordination of policy components, it is apparent the licensee intends to meet the requirements for the security assessment. Therefore, this deviation from Regulatory Position C.3.1.1 in RG 5.71 is acceptable.

Based on the above, the NRC staff finds that the CSP adequately established controls to develop, disseminate, and periodically update the cyber security assessment and authorization policy and implementing procedure.

-6 3.4 Cyber Security Assessment Team (CSAT)

The CSAT responsibilities include conducting the cyber security assessment, documenting key findings during the assessment, and evaluating assumptions and conclusions about cyber security threats. The submitted CSP outlines the requirements, roles and responsibilities of the CSAT comparable to Section 3.1.2 of NEI 08-09, Revision 6. It also describes that the CSAT has the authority to conduct an independent assessment.

The submitted CSP describes that the CSA T will consist of individuals with knowledge about information and digital systems technology; NPP operations, engineering, and plant technical specifications; and physical security and emergency preparedness systems and programs. The CSAT description in the CSP is comparable to Regulatory Position C.3.1.2 in RG 5.71.

The submitted CSP lists the roles and responsibilities for the CSAT which included performing and overseeing the cyber security assessment process; documenting key observations; evaluating information about cyber security threats and vulnerabilities; confirming information obtained during tabletop reviews, walk-downs, or electronic validation of CDAs; and identifying potential new cyber security controls.

This section of the CSP submitted by the licensee is comparable to Regulatory Position C.3.1.2 in RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately establishes the requirements, roles and responsibilities of the CSAT.

3.5 Identification of CDAs The submitted CSP states that the licensee will identify and document CDAs and critical systems (CSs), including a general description, the overall function, the overall consequences if a compromise were to occur, and the security functional requirements or specifications as described in Section 3.1.3 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.1.3 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes the process to identify CDAs.

3.6 Examination of Cyber Security Practices The submitted CSP describes how the CSAT will examine and document the existing cyber security policies, procedures, and practices; existing cyber security controls; detailed descriptions of network and communication architectures (or network/communication architecture drawings);

information on security devices; and any other information that may be helpful during the cyber security assessment process as described in Section 3.1.4 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.1.2 of RG 5.71. The examinations will include an analysis of the effectiveness of the existing Cyber Security Program and cyber security controls. The CSAT will document the collected cyber security information and the results of their examination of the collected information.

~ 7 This section of the CSP submitted by the licensee is comparable to Regulatory Position C.3.1.2 in RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes the examination of cyber security practices.

3.7 Tabletop Reviews and Validation Testing The submitted CSP describes tabletop reviews and validation testing, which confirm the direct and indirect connectivity of each COA and identify direct and indirect pathways to COAs. The CSP states that validation testing will be performed electronically or by physical walkdowns. The licensee's plan for tabletop reviews and validation testing is comparable to Section 3.1.5 of NEI 08~09, Revision 6, which is comparable to Regulatory Position C.3.1,4 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes tabletop reviews and validation testing.

3.8 Mitigation of Vulnerabilities and Application of Cyber Security Controls The submitted CSP describes the use of information collected during the cyber security assessment process (e.g., disposition of cyber security controls, defensive models, defensive strategy measures, site and corporate network architectures) to implement security controls in accordance with Section 3.1.6 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.3 and Appendix A.3.1.6 to RG 5.71. The CSP describes the process that will be applied in cases where security controls cannot be implemented.

The submitted CSP notes that before the licensee can implement security controls on a COA, it will assess the potential for adverse impact in accordance with Section 3.1.6 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.3 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes mitigation of vulnerabilities and application of security controls.

3.9 Incorporating the Cyber Security Program into the Physical Protection Program The submitted CSP states that the Cyber Security Program will be reviewed as a component of the Physical Security Program in accordance with the requirements of 10 CFR 73.55(m). This is comparable to Section 4.1 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3,4 of RG 5.71.

This section of the CSP submitted by the licensee is comparable to Appendix A, Section A.3.2 in RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes review of the CSP as a component of the physical security program.

-8 3.10 Cyber Security Controls The submitted CSP describes how the technical, operational and management cyber security controls contained in Appendices D and E of NEI 08-09, Revision 6, that are comparable to Appendices Band C in RG 5.71, are evaluated and dispositioned based on site-specific conditions during all phases of the Cyber Security Program. The CSP states that many security controls have actions that are required to be performed on specific frequencies and that the frequency of a security control is satisfied if the action is performed within 1.25 times the frequency specified in the control, as applied, and as measured from the previous performance of the action as described in Section 4.2 of NEI 08-09, Revision 6.

This section of the CSP submitted by the licensee is comparable to Appendix A, Section A.3.1.6 in RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes implementation of cyber security controls.

3.11 Defense-in-Depth Protective Strategies The submitted CSP describes the implementation of defensive strategies that ensure the capability to detect, respond to, and recover from a cyber attack. The CSP specifies that the defensive strategies consist of security controls, defense-in-depth measures, and the defensive architecture. The submitted CSP notes that the defensive architecture establishes the logical and physical boundaries to control the data transfer between these boundaries.

The licensee established defense-in-depth strategies by: implementing and documenting a defensive architecture as described in Section 4.3 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.2 in RG 5.71; a physical security program, including physical barriers; the operational and management controls described in Appendix E of NEI 08-09, Revision 6, which is comparable to Appendix C to RG 5.71; and the technical controls described in Appendix D of NEI 08-09, Revision 6, which is comparable to Appendix B to RG 5.71.

According to Regulatory Position C.3.2.1 in RG 5.71, only one-way data flows are allowed from Level 4 to Level 3 and from Level 3 to Level 2. The submitted CSP covers both deterministic and non-deterministic information flows between Levels 3 and 4. The CSP describes a boundary that implements deterministic (diode/air gap) one-way flows from Level 3 to Level 2, effectively isolating Levels 3 and 4 above from the lower levels. The NRC staff finds this defensive model to be consistent with Regulatory Position C.3.2 and Appendix A, Section A.3.1.5. Therefore, the NRC staff finds that the CSP adequately describes implementation of defense-in-depth protective strategies.

3.12 Ongoing Monitoring and Assessment The submitted CSP describes how ongoing monitoring of cyber security controls to support CDAs is implemented comparable to Appendix E of NEI 08-09, Revision 6, which is comparable to Regulatory Positions C.4.1 and C.4.2 of RG 5.71. The ongoing monitoring program includes configuration management and change control; cyber security impact analysis of changes and changed environments; ongoing assessments of cyber security controls; effectiveness analysis

- 9 (to monitor and confirm that the cyber security controls are implemented correctly, operating as intended, and achieving the desired outcome) and vulnerability scans to identify new vulnerabilities that could affect the security posture of CDAs.

This section of the CSP submitted by the licensee is comparable to Regulatory Positions C.4.1 and C.4.2 of RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes ongoing monitoring and assessment.

3.13 Modification of Digital Assets The submitted CSP describes how cyber security controls are established, implemented, and maintained to protect CDAs. These security controls ensure that modifications to CDAs are evaluated before implementation that the cyber security performance objectives are maintained, and that acquired CDAs have cyber security requirements in place to achieve the site's Cyber Security Program objectives. This section of the CSP submitted by the licensee is comparable to Section 4.5 of NEI 08-09, Revision 6, which is comparable to Appendices A.4.2.5 and A.4.2.6 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes modification of digital assets.

3.14 Attack Mitigation and Incident Response The submitted CSP describes the process to ensure that SSEP functions are not adversely impacted due to cyber attacks in accordance with Section 4.6 of NEI 08-09, Revision 6, which is comparable to Appendix C, Section C.8 of RG 5.71. The CSP includes a discussion about creating incident response policy and procedures, and addresses training, testing and drills, incident handling, incident monitoring, and incident response assistance. It also describes identification, detection, response, containment, eradication, and recovery activities comparable to Section 4.6 of NEI 08-09, Revision 6.

This section of the CSP submitted by the licensee is comparable to Appendix C, Section C.8 of RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes attack mitigation and incident response.

3.15 Cyber Security Contingency Plan The submitted CSP describes creation of a cyber security contingency plan and policy that protects CDAs from the adverse impacts of a cyber attack described in Section 4.7 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.3.2.7 and Appendix C.9 of RG 5.71.

The licensee describes a cyber security contingency plan that would include the response to events. The plan includes procedures for operating CDAs in a contingency, roles and responsibilities of responders, processes and procedures for backup and storage of information,

-10 logical diagrams of network connectivity, current configuration information, and personnel lists for authorized access to CDAs.

This section of the CSP submitted by the licensee is comparable to Regulatory Position C.3.3.2.7 of RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes the cyber security contingency plan.

3.16 Cyber Security Training and Awareness The submitted CSP describes a program that establishes the training requirements necessary for the licensee's personnel and contractors to perform their assigned duties and responsibilities in implementing the Cyber Security Program in accordance with Section 4.S of NEI OS-09, Revision 6, which is comparable to Regulatory Position C.3.3.2.S of RG 5.71.

The CSP states that individuals will be trained with a level of cyber security knowledge commensurate with their assigned responsibilities in order to provide high assurance that individuals are able to perform their job functions in accordance with Appendix E of NEI OS-09, Revision 6, which is comparable to Regulatory Position C.3.3.2.S of RG 5.71 and describes three levels of training: awareness training, technical training, and specialized cyber security training.

Based on the above, the NRC staff finds that the CSP adequately describes the cyber security training and awareness program.

3.17 Evaluate and Manage Cyber Risk The submitted CSP describes how cyber risk is evaluated and managed utilizing site programs and procedures comparable to Section 4.9 of NEI OS-09, Revision 6, which is comparable to Regulatory Position CA and Appendix C, Section C.13 of RG 5.71. The CSP describes the Threat and Vulnerability Management Program, Risk Mitigation, Operational Experience Program; and the Corrective Action Program and how each will be used to evaluate and manage risk.

This section of the CSP submitted by the licensee is comparable to Regulatory Position CA and Appendix C, Section C.13 of RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes evaluation and management of cyber risk.

3.1S Policies and Implementing Procedures The CSP describes development and implementation of policies and procedures to meet security control objectives in accordance with Section 4.10 of NEI OS-09, Revision 6, which is comparable to Regulatory Position C.3.5 and Appendix A, Section A3.3 of RG 5.71. This includes the process to document, review, approve, issue, use, and revise policies and procedures.

- 11 The CSP also describes the licensee's procedures to establish specific responsibilities for positions described in Section 4.11 of NEI 08-09, Revision 6, which is comparable to Appendix C, Section C.10.10 of RG 5.71.

This section of the CSP submitted by the licensee is comparable to Regulatory Position C.3.5, Appendix A, Section A3.3, and Appendix C, Section C.1 0.1 0 of RG 5.71 without deviation.

Based on the above, the NRC staff finds that the CSP adequately describes cyber security policies and implementing procedures.

3.19 Roles and Responsibilities The submitted CSP describes the roles and responsibilities for the qualified and experienced personnel, including the Cyber Security Program Sponsor, the Cyber Security Program Manager, Cyber Security Specialists, the Cyber Security Incident Response Team (CSIRT), and other positions as needed. The CSIRT initiates in accordance with the Incident Response Plan and initiates emergency action when required to safeguard CDAs from cyber security compromise and to assist with the eventual recovery of compromised systems. Implementing procedures establish roles and responsibilities for each of the cyber security roles in accordance with Section 4.11 of NEI 08-09, Revision 6, which is comparable to Regulatory Position C.3.1.2, Appendix A, Section A3.1.2, and Appendix C, Section C.10.10 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes cyber security roles and responsibilities.

3.20 Cyber Security Program Review The submitted CSP describes how the Cyber Security Program establishes the necessary procedures to implement reviews of applicable program elements in accordance with Section 4.12 of NEI 08-09, Revision 6, which is comparable to Regulatory Position CA.3 and Appendix A, Section A4.3 of RG 5.71.

Based on the above, the NRC staff finds that the CSP adequately describes Cyber Security Program review.

3.21 Document Control and Records Retention and Handling The submitted CSP describes that the licensee has established the necessary measures and governing procedures to ensure that sufficient records of items and activities affecting cyber security are developed, reviewed, approved, issued, used, and revised to reflect completed work.

The CSP stated that superseded portions of certain records will be retained for at least 3 years after the record is superseded, while audit records will be retained for no less than 12 months in accordance with Section 4.13 of NEI 08-09, Revision 6. However, this guidance provided by industry to licensees did not fully comply with the requirements of 10 CFR 73.54.

In a letter dated February 28,2011 (ADAMS Accession No. ML110600204), NEI sent to the NRC proposed language for licensees' use to respond to the generic records retention issue, to which the NRC had no technical objection (

Reference:

Letter from NRC dated March 1, 2011, ADAMS

- 12 Accession No. ML110490337). The proposed language clarified the requirement by providing examples (without providing an all-inclusive list) of the records and supporting technical documentation that are needed to satisfy the requirements of 10 CFR 73.54. All records will be retained until the Commission terminates the license, and the licensee shall maintain superseded portions of these records for at least 3 years after the record is superseded, unless otherwise specified by the Commission. By retaining accurate and complete records and technical documentation until the license is terminated, inspectors, auditors, or assessors will have the ability to evaluate incidents, events, and other activities that are related to any of the cyber security elements described, referenced, and contained within the licensee's NRC-approved CSP. It will also allow the licensee to maintain the ability to detect and respond to cyber attacks in a timely manner, in the case of an event. In its letter dated April 7, 2011, the licensee responded to the records retention issue using the language proposed by NEI in its letter dated February 28, 2011.

Based on the above, the NRC staff finds that the language the licensee proposes to adopt provides for adequate records retention and will support the licensee's ability to detect and respond to cyber attacks. The NRC staff further finds that this section of the CSP submitted by the licensee is comparable to Regulatory Position C.5 and Appendix A, Section A.5 of RG 5.71 without deviation. Accordingly, the NRC staff finds that the CSP adequately describes cyber security document control and records retention and handling.

3.22 Implementation Schedule The submitted CSP provides a proposed implementation schedule for the Cyber Security Program.

In a letter dated February 28, 2011 (ADAMS Accession No. ML110600206), NEI sent to the NRC a template for licensees to use to submit their CSP implementation schedules, to which the NRC had no technical objection (

Reference:

Letter from NRC dated March 1, 2011, ADAMS Accession No. ML110070348). These key milestones include:

• Establish the CSAT;

• Identify CSs and CDAs;

• Install a deterministic one-way device between lower level devices and higher level devices;

• Implement the security control "Access Control For Portable And Mobile Devices";

• Implement observation and identification of obvious cyber related tampering to existing insider mitigation rounds by incorporating the appropriate elements;

• Identify, document, and implement cyber security controls as per "Mitigation of Vulnerabilities and Application of Cyber Security Controls" for CDAs that could adversely impact the design function of physical security target set equipment; and

• Commence ongoing monitoring and assessment activities for those target set CDAs whose security controls have been implemented.

- 13 In its letter dated April?, 2011, the licensee provided a revised implementation schedule using the NEI template with the exception of Milestone 6. The licensee deviated from the template for Milestone 6 to address only the NEI 08-09, Rev. 6, Appendix D technical controls, excluding the operational and management controls, on the basis that implementing the technical controls for target set CDAs provides a high degree of protection against cyber related attacks that could lead to radiological sabotage. The licensee's programs that are currently in place (e.g., physical protection, maintenance and work management, configuration management, operational experience, etc) provide a high degree of protection during the interim period until such time that the full Cyber Security Program is implemented.

The NRC staff considers this April?, 2011 supplement the approved schedule as required by 10 CFR 73.54. Based on the provided schedule ensuring timely implementation of these protective measures that provide a higher degree of protection against radiological sabotage, the NRC staff finds the Cyber Security Program implementation schedule is satisfactory. However, as stated in May 9, 2011! letter to all operating reactor licensees (ADAMS Accession No. ML110980538), subsequent changes to the NRC-approved CSP implementation schedule will require prior NRC approval pursuant to 10 CFR 50.90.

3.23 License Condition The following paragraph is added to Paragraph 2.C. (11) of Facility Operating License No.

DPR-33 for BFN, Unit 1:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 2?9.

The following paragraph is added to Paragraph 2.C. (11) of Facility Operating License No.

DPR-52 for BFN, Unit 2:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 306.

The following paragraph is added to Paragraph 2.C. (6) of Facility Operating License No. DPR-68 for BFN, Unit 3:

The licensee shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The licensee CSP was approved by License Amendment No. 265.

4.0 DIFFERENCES FROM NEI 08-09, REVISION 6 The licensee, in Enclosure 3 to its June 23, 2010 letter, identified the following deviation in its CSP from NEI 08-09, Revision 6:

- 14

• The licensee included a definition of cyber attack that is acceptable to the NRC staff.

The NRC staff finds the above deviation from NEI 08-09, Revision 6 to be acceptable, as discussed in Section 2.0, "Regulatory Evaluation."

The NRC staff notes the following additional differences between the licensee's submission and NEI 08-09, Revision 6:

• As discussed in Section 3.1, "Scope and Purpose," the licensee clarified the definition of important-to-safety functions, consistent with SRM-COMWCO-10-0001.

• As discussed in Section 3.3, "Cyber Security Assessment and Authorization," the licensee deviated from Section 3.1.1 of NEI 08-09, Revision 6, which is comparable to the Regulatory Position C.3.1 in RG 5.71, which addresses the establishment, review and update of a security planning, assessment and authorization policy that describes the purpose, scope, roles, responsibilities, management commitments and coordination among [departments].

• As discussed in Section 3.21, "Document Control and Records Retention and Handling,"

the licensee clarified the definition of records and supporting documentation that will be retained to conform to the requirements of 10 CFR 73.54.

• As discussed in Section 3.22, "Implementation Schedule," the licensee submitted a revised implementation schedule, specifying the interim milestones and the final implementation date, including supporting rationale. The licensee deviated from the NEI template for Milestone 6 to address only the NEI 08-09, Revision 6, Appendix D technical controls.

The NRC staff finds all of these differences to be acceptable as discussed in the respective sections.

5.0 STATE CONSULTATION

In accordance with the Commission's regulations, the Tennessee State official was notified of the proposed issuance of the amendment. The State official had no comments.

6.0 ENVIRONMENTAL CONSIDERATION

The amendments change a requirement with respect to installation or use of a facility component located within the restricted area as defined in 10 CFR Part 20. The NRC staff has determined that the amendments involve no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite, and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that the amendments involve no significant hazards consideration, and there has been no public comment on such finding published in the Federal Register on December 7,2010 (75 FR 76046). Also, these amendments relate to safeguards matters and do not involve any significant construction impacts, and relate to changes in recordkeeping, reporting, or administrative procedures or requirements. Accordingly, the amendments meet the eligibility

- 15 criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9), (10), and (12). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the amendments.

7.0 CONCLUSION

The NRC staff's review and evaluation of the licensee's CSP was conducted using the NRC staff positions established in the relevant sections of RG 5.71. Based on the NRC staffs review, the NRC finds that the licensee addressed the relevant information necessary to satisfy the requirements of 10 CFR 73.54,10 CFR 73.55(a)(1), 10 CFR 73.55(b)(8), and 10 CFR 73.55(m),

as applicable and that the licensee's Cyber Security Program provides high assurance that digital computer and communication systems and networks associated with the following are adequately protected against cyber attacks, up to and including the DBT as described in 10 CFR 73.1. This includes protecting digital computer and communication systems and networks associated with:

(i) safety-related and important-to-safety functions; (ii) security functions; (iii) emergency preparedness functions, including offsite communications; and (iv) support systems and equipment which, if compromised, would adversely impact SSEP functions.

Therefore, the NRC staff finds the information contained in this CSP to be acceptable and upon successful implementation of this program, operation of the BFN, Units 1, 2, and 3 will not be inimical to the common defense and security.

The Commission has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, (2) such activities will be conducted in compliance with the Commission's regulations, and (3) the issuance of these amendments will not be inimical to the common defense and security or to the health and safety of the public.

8.0 REFERENCES

8.1 Section 73.54 of 10 CFR, "Protection of Digital Computer and Communication Systems and Networks," U.S. Nuclear Regulatory Commission, Washington, DC, March 27,2009.

8.2 SRM-COMWCO-1 0-0001, "Regulation of Cyber Security at Nuclear Power Plants,"

October 21, 2010. (ADAMS Accession No. IVIL102940009) 8.3 RG 5.71, "Cyber Security Programs for Nuclear Facilities," U.S. Nuclear Regulatory Commission, Washington, DC, January 2010. (ADAMS Accession No. ML090340159) 8.4 Letter from Jack Roe, Nuclear Energy Institute, to Scott Morris, U.S. Nuclear Regulatory Commission, "NEI 08-09, Revision 6, 'Cyber Security Plan for Nuclear Power Reactors; April 2010,'" April 28, 2010. (ADAMS Accession NO.IVIL101180434)

- 16 8.5 Letter from Richard Correia, U.S. Nuclear Regulatory Commission, to Jack Roe, Nuclear Energy Institute, "Nuclear Energy Institute 08-09, 'Cyber Security Plan Template, Revision 6,'" May 5,2010. (ADAMS Accession No. ML101190371)

Principal Contributor: Joseph Green Perry Pederson Dated: July 29, 2011

July 29, 2011 Mr. Rodney M. Krich Vice President, Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 SUB~IECT: BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 -ISSUANCE OF AMENDMENTS REGARDING THE CYBER SECURITY PLAN (TS-470)

(TAC NOS. ME4952, ME4953, AND ME4954)

Dear Mr. Krich:

The Commission has issued the enclosed Amendment Nos. 279, 306, and 265 to Renewed Facility Operating Licenses Nos. DPR-33, DPR-52, and DPR-68 for the Browns Ferry Nuclear Plant, Units 1, 2, and 3, respectively. These amendments are in response to your application dated November 23,2009, as supplemented by letters dated December 18, 2009, July 23 and October 1,2010; April 7 and July 15, 2011. These amendments cover the Cyber Security Plan (CSP), the CSP implementation schedule and revisions to the existing facility operating licenses physical protection license condition.

A copy of the safety evaluation is also enclosed. A notice of issuance will be included in the Commission's biweekly Federal Register notice.

Sincerely, IRA by FSaba fori Christopher Gratton, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296

Enclosures:

1. Amendment No. 279 to DPR-33

2. Amendment No. 306 to DPR-52

3. Amendment No. 265 to DPR-68

4. Safety Evaluation cc w/encls: Distribution via Listserv Distribution:

Public RidsNrrDorlDpr RidsNrrLACSoia RidsAcrsAcnw MailCTR LPL2-2 R/F RidsNrrDorlLpl2-2 RidsOgcRp RidsRgn2MailCenter P. Pederson, NSIR RidsNrrPMBrownsFerry C. Erlanger, NSIR J. Green. NSIR S. Lingam, NRR ADAMS A ccesslon No. ML11195A124 *b>y memo FICE LPL2-2/PM LPL2-2/PM ~2/LA NSIR/DSP/BC NAME SLingam CGratton ola CErianger*

DATE 07/18/11 07/18/11 07/15/11 06/29/11 OFFICE OGC (NLO wi comments) I LPLlI-2/BC LPL2-2/PM NAME BMizuno DBroaddus CGratton (FSaba for)

DATE 07/26/11 07/29/11 OFFICIAL RECORD COpy

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