ML12318A160

Issuance of Amendment No. 244, Revise Physical Protection License Condition Related to Cyber Security Plan Implementation Schedule Milestone 6

ML12318A160
Person / Time
Site:	Cooper
Issue date:	12/13/2012
From:	Lynnea Wilkins Plant Licensing Branch IV
To:	O'Grady B Nebraska Public Power District (NPPD)
Wilkins L
References
TAC ME8895
Download: ML12318A160 (12)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 13, 2012 Mr. Brian J. OGrady Vice President-Nuclear and CNO Nebraska Public Power District 72676 648A Avenue Brownville, NE 68321

SUBJECT:

COOPER NUCLEAR STATION -ISSUANCE OF AMENDMENT RE: REVISED CYBER SECURITY PLAN IMPLEMENTATION SCHEDULE MILESTONE 6 (TAC NO. ME8895)

Dear Mr. OGrady:

The U.S. Nuclear Regulatory Commission (NRC, the Commission) has issued the enclosed Amendment No. 244 to Renewed Facility Operating License No. DPR-46 for the Cooper Nuclear Station. The amendment consists of changes to the facility operating license in response to your application dated June 14, 2012.

The amendment revises the scope of Cyber Security Plan (CSP) Implementation Schedule Milestone #6 and paragraph 2.C.(3) of the renewed facility operating license. The amendment modified the scope of Milestone #6 to apply to the technical cyber security controls only. The operational and management controls, as described in Nuclear Energy Institute (NEI) 08-09, Revision 6, would be implemented concurrent with the full implementation of the cyber security program (Milestone #8). Thus, all CSP activities would be fully implemented by the completion date, currently identified in Milestone #8 of the licensee's CSP implementation schedule.

A copy of our related Safety Evaluation is also enclosed. The Notice of Issuance will be included in the Commission's next biweekly Federal Register notice.

Sincerely, d'~.

Lynnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-298

Enclosures:

1. Amendment No. 244 to DPR-46

2. Safety Evaluation cc w/encls: Distribution via listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 NEBRASKA PUBLIC POWER DISTRICT DOCKET NO. 50-298 COOPER NUCLEAR STATION AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 244 License No. DPR-46

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

A. The application for amendment by Nebraska Public Power District (the licensee),

June 14, 2012, 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 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 license amendment will not be inimical to the common defense and security or to the health and safety of the public; and 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.

Enclosure 1

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2. Accordingly. the license is amended as indicated in the attachment to this license amendment and Paragraph 2.C.(3} of Renewed Facility Operating License No. DPR-46 is hereby amended to read as follows:

(3) Physical Protection 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 contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Cooper Nuclear Station Safeguards Plan," submitted by letter dated May 17,2006.

NPPD 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 NPPD CSP was approved by License Amendment No. 238 as supplemented by a change approved by License Amendment No. 244.

3. This license amendment is effective as of the date of its issuance and shall be implemented by December 31,2012.

FOR THE NUCLEAR REGULATORY COMMISSION Michael T. Markley, Chief Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Attachment:

Changes to the Renewed Facility Operating License No. DPR-46 Date of Issuance: December 13, 2012

ATTACHMENT TO LICENSE AMENDMENT NO. 244 RENEWED FACILITY OPERATING LICENSE NO. DPR-46 DOCKET NO. 50-298 Replace the following page of the Renewed Facility Operating License No. DPR-46 with the attached revised page. The revised page is identified by amendment number and contains marginal lines indicating the areas of change.

Renewed Facility Operating License REMOVE INSERT 3 3

- 3 (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by operation of the facility.

C. This 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 2419 megawatts (thermal).

(2) Technical Specifications The Technical Specifications contained in Appendix A as revised through Amendment No. 243, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications.

(3) Physical Protection 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 contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Cooper Nuclear Station Safeguards Plan," submitted by letter dated May 17, 2006.

NPPD 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 NPPD CSP was approved by License Amendment No. 238 as supplemented by a change approved by License Amendment No. 244.

(4) Fire Protection The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the Cooper Nuclear Station (CNS) Updated Safety Analysis Report and as approved in the Safety Evaluations dated November 29, 1977; May 23,1979; November 21, 1980; April 29, 1983; April 16, 1984; June 1,1984; January 3,1985; August 21,1985; April 10, 1986; September 9, 1986; November 7,1988; February 3, 1989; August 15,1995; and July 31, 1998, 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.

Amendment No. 244

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO AMENDMENT NO. 238 TO RENEWED FACILITY OPERATING LICENSE NO. DPR-46 NEBRASKA PUBLIC POWER DISTRICT COOPER NUCLEAR STATION DOCKET NO. 50-298

1.0 INTRODUCTION

By application dated June 14,2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12187A187), Nebraska Public Power District (NPPD, the licensee),

requested changes to the Renewed Facility Operating License for Cooper Nuclear Station (CNS). The proposed change would revise the scope of Cyber Security Plan (CSP)

Implementation Schedule Milestone #6 and the existing license condition in the renewed facility operating license. Milestone #6 of the CSP implementation schedule concerns the identification, documentation, and implementation of cyber security controls (technical, operational, and management) for critical digital assets (CDAs) related to target set equipment NPPD is requesting to modify the scope of Milestone #6 to apply to the technical cyber security controls only. The operational and management controls, as described in NEI 08-09, Revision 6, would be implemented concurrent with the full implementation of the Cyber Security Program (Milestone #8). Thus, all CSP activities would be fully implemented by the completion date and identified in Milestone #8 of the licensee's CSP implementation schedule.

Portions of the letter dated June 14,2012, contain sensitive unclassified non-safeguards information and, accordingly, those.portions are withheld from public disclosure.

2.0 REGULATORY EVALUATION

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed and approved the licensee's existing CSP implementation schedule by License Amendment No. 238 dated July 27,2011 (ADAMS Accession No. ML111801081), concurrent with the incorporation of the CSP into the facility current licensing basis. The NRC staff considered the following regulatory requirements and guidance in its review of the current license amendment request to modify the existing CSP implementation schedule:

• Title 10 of the Code of Federal Regulations (10 CFR) 73.54 states: "Each [CSP]

submittal must include a proposed implementation schedule. Implementation of Enclosure 2

-2 the licensee's cyber security program must be consistent with the approved schedule."

• The licensee's renewed facility operating license includes a license condition that requires the licensee to fully implement and maintain in effect all provisions of the Commission-approved CSP.

• Amendment No. 238, dated July 27,2011, approved the licensee's CSP and implementation schedule, and included the following statement: "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 March 30, 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."

• In a letter to NEI dated March 1, 2011 (ADAMS Accession No. ML110070348),

the NRC staff acknowledged that the cyber security implementation schedule template was "written generically and licensees that use the template to develop their proposed implementation schedules may need to make changes to ensure the submitted schedule accurately accounts for site-specific activities."

3.0 TECHNICAL EVALUATION

3.1 Background The NRC staff approved Amendment No. 238 to CNS's renewed facility operating license on July 27,2011. The NRC staff also approved the licensee's CSP implementation schedule, as discussed in the safety evaluation issued with the amendment. The implementation schedule had been submitted by the licensee based on a template prepared by NEI, which the NRC staff found acceptable for licensees to use to develop their CSP implementation schedules (ADAMS Accession No. ML110600218). The licensee's proposed implementation schedule for the cyber security program identified completion dates and bases for the following eight milestones:

1) Establish the Cyber Security Assessment Team (CSAT);

2) Identify Critical Systems and CDAs;

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

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

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

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6) 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;

7) Commence ongoing monitoring and assessment activities for those target set CDAs whose security controls have been implemented; and

8) Fully implement the CSP.

3.2 Licensee's Proposed Change Currently, Milestone #6 of CNS's CSP requires NPPD to identify, document, and implement cyber security controls for CDAs that could adversely impact the design function of physical security target set equipment by December 31, 2012. These cyber security controls consist of technical, operational and management security controls. In its application dated June 14, 2012, NPPD proposed to modify Milestone #6 to change the scope of the cyber security controls due to be implemented on December 31, 2012, to include only the NEI 08-09, Revision 6, Appendix D, technical security controls. NPPD proposes to amend its CSP to provide that operational and management security controls, identified in Milestone #6, will be fully implemented by a later date, which is the completion date identified in Milestone #8 of the CSP implementation schedule. The licensee stated that implementing the technical cyber security controls for target set CDAs provides a high degree of protection against cyber-related attacks that could lead to radiological sabotage. The licensee further stated that many of its existing programs are primarily procedure-based programs and must be implemented in coordination with the comprehensive cyber security program. The licensee also stated that the existing programs currently in place at CNS (e.g., physical protection, maintenance, configuration management, and operating experience) provide sufficient operational and management cyber security protection during the interim period until the cyber security program is fully implemented.

3.3 Revision to License Condition 2.C.(3)

Current paragraph 2.C.(3) of Renewed Facility Operating License No. DPR-46 states:

(3) Physical Protection 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 contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Cooper Nuclear Station Safeguards Plan," submitted by letter dated May 17, 2006.

NPPD shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes

- 4 made pursuant to the authority of 10 CFR SO.90 and 10 CFR SO.S4(p).

The NPPD CSP was approved by License Amendment No. 238.

Revised paragraph 2.C.(3) of Renewed Facility Operating License No. DPR-46 would state:

(3) Physical Protection 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.SS (S1 FR 27817 and 27822) and to the authority of 10 CFR SO.90 and 10 CFR SO.S4(p). The combined set of plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Cooper Nuclear Station Safeguards Plan," submitted by letter dated May 17, 2006.

NPPD 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 NPPD CSP was approved by License Amendment No. 238 as supplemented by a change approved by License Amendment No. 244.

3.4 NRC Staff Evaluation The intent of the cyber security implementation schedule was for licensees to demonstrate ongoing implementation of their cyber security program prior to full implementation, which is set for the date specified in Milestone #8. In addition to Milestone #6 and its associated activities, licensees will be completing six other milestones (Milestones #1 through #S and Milestone #7) by December 31, 2012. Activities include establishing a CSAT, identifying critical systems and CDAs, installing deterministic one-way devices between defensive levels, implementing access control for portable and mobile devices, implementing methods to observe and identify obvious cyber-related tampering, and conducting ongoing monitoring and assessment activities for target set CDAs. In the aggregate, the interim milestones demonstrate ongoing implementation of the cyber security program at CNS.

The NRC staff has reviewed the licensee's evaluation of the proposed change in its submittal dated June 14, 2012, and concludes that by completing Milestones #1 through #S, Milestone #6 with implementation of technical controls to target set CDAs, and Milestone #7, CNS will have an acceptable level of cyber security protection until full program implementation is achieved.

Technical cyber security controls include access controls, audit and accountability, CDA and communications protection, identification and authentication, and system hardening. These controls are executed by computer systems, as opposed to people, and consist of hardware and software controls that provide automated protection to a system or application. Implementation of technical cyber security controls promotes standardization, trust, interoperability, connectivity, automation, and increased efficiency. For these reasons, the NRC staff concludes that the licensee's approach is acceptable.

- 5 The NRC staff also recognizes that full implementation of operational and management cyber security controls in accordance with requirements of the CNS CSP will be achieved with full implementation of the CNS cyber security program by the date set in Milestone #8. That is, all required elements for the operational and management cyber security controls in accordance with the CNS CSP will be implemented in their entirety at the time of full implementation of the CSP.

The NRC staff does not regard the CSP milestone implementation dates as regulatory commitments that can be changed unilaterally by the licensee, particularly in light of the regulatory requirement at 10 CFR 73.54, that U[i]mplementation of the licensee's cyber security program must be consistent with the approved schedule." As the NRC staff explained in its letter to all operating reactor licensees dated May 9,2011 (ADAMS Accession No. ML110980538), the implementation of the plan, including the key intermediate milestone dates and the full implementation date shall be in accordance with the implementation schedule submitted by the licensee and approved by the NRC. All subsequent changes to the NRC-approved CSP implementation schedule, thus, will require prior NRC approval pursuant to 10 CFR 50.90.

3.5 Summary Based on its review of the licensee's submission, the NRC staff concludes that the proposed changes to Milestone #6 of the licensee's CSP implementation schedule are acceptable. The NRC staff also concludes that, upon full implementation of the licensee's cyber security program, the requirements of the licensee's CSP and 10 CFR 73.54 will be met. Therefore, the NRC staff concludes that the proposed changes are acceptable.

4.0 REGULATORY COMMITMENTS In its letter dated June 14,2012, the licensee made a security-related regulatory commitment.

The NRC staff concludes that this commitment is acceptable.

5.0 STATE CONSULTATION

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

6.0 ENVIRONMENTAL CONSIDERATION

This amendment relates solely to safeguards matters and does not involve any significant construction impacts. The Commission has previously issued a proposed finding that the amendment involves no significant hazards consideration, and there has been no public comment on such finding published in the Federal Register on October 9,2012 (77 FR 61439).

Accordingly, this amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(12). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment.

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7.0 CONCLUSION

The NRC staff 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) there is reasonable assurance that such activities will be conducted in compliance with the Commission's regulations; and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

Principal Contributor: T. Harris M. Coflin Date: December 13, 2012

' .. ML12318A160 "memo dated OFFIC E NRR/LPL4/PM NRR/LPL4/LA NSIR/DSP/CSIRB/BC OGC NLO NRR/LPL4/BC NRR/LPL4/PM NAME LWilkins JBurkhardt CErlanger* BMizuno MMarkley LWilkins DATE 11/13/12 11/13/12 8124112 11/16/12 12/13/12 12/13/12