ML14093A677

SONGS - Request for Additional Information Concerning Pre-Emption Authority

ML14093A677
Person / Time
Site:	Calvert Cliffs, Nine Mile Point, Indian Point, Ginna, Diablo Canyon, San Onofre, FitzPatrick, BWX Technologies
Issue date:	05/01/2014
From:	Marilyn Evans Division of Operating Reactor Licensing
To:	Calvert Cliffs, Constellation Energy Group, Entergy Nuclear Operations, Nine Mile Point, Pacific Gas & Electric Co, Ginna, Southern California Edison Co
Eva Brown, NRR/DORL 415-2315
References
TAC MF2603, TAC MF2604, TAC MF2605, TAC MF2621, TAC MF2622, TAC MF2623, TAC MF2624, TAC MF2625, TAC MF2662, TAC MF2663, TAC MF2664, TAC MF2702, TAC MF2809, TAC MF2810
Download: ML14093A677 (8)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 To the Interim Eligible Class of NRC Licensed Facilities in May 1, 2014 EA-13-092

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT, UNITS 1 AND 2, DIABLO CANYON NUCLEAR POWER PLANT. UNITS 1 AND 2, INDIAN POINT NUCLEAR GENERATING UNIT NOS. 1, 2, AND 3, JAMES A. FITZPATRICK NUCLEAR POWER PLANT, NINE MILE POINT NUCLEAR STATION, UNITS 1 AND 2, R.E. GINNA NUCLEAR POWER PLANT, AND SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3-REQUEST FOR ADDITIONAL INFORMATION CONCERNING PRE-EMPTION AUTHORITY (TAC NOS. MF2621, MF2622, MF2809, MF2810, MF2603, MF2604, MF2605, MF2702, MF2662, MF2663, MF2664, MF2624, MF2625, AND MF2623)

By letters submitted in August 2013 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML13228A265, ML13268A398, ML13248A517, ML13242A277, and ML13239A468), those on the enclosed list submitted a license amendment requesting permission for security personnel of designated U.S. Nuclear Regulatory Commission licensees to possess and use firearms, ammunition, and other devices such as large-capacity ammunition feeding devices, nothwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use. Section 161A of the Atomic Energy Act, "Use of Firearms by Security Personnel," cannot be implemented by a designated licensee prior to Commission authorization.

As required by Commission Order, Enforcement Action (EA)13-092, "Order Designating an Interim Class of NRC-Licensed Facilities that are Eligible to Apply to the Commission for Authorization to use the Authority Granted Under the Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended," dated June 5, 2013, (ADAMS Accession No. ML13121A459), those designated by EA-13-092 are required to subject all personnel who require or will require access to firearms and devices in the performance of their official duties, to a Firearms Background Check. Attachment 3 to Commission Order EA-13-092 contains specific requirements related to the rev1sion of the site training and qualification program, as well as other requirements associated with the conduct of Firearms Background Checks, to include specific programmatic requirements such as records retention, notification requirements, and reinvestigations.

In reviewing your application, the NRC staff has determined that additional information 1s required to complete the processing of your application. The specific information requested is addressed in Enclosure 1 to this letter. During a discussion witn your staff on March 31, 2013, it was indicated that a response was requested within 14 days from the date of this letter.

The NRC staff considers that timely responses to requests for additional information help ensure sufficient time is available for staff review and contribute toward the NRC's goal of efficient and effective use of staff resources. If circumstances result in the need to revise the requested response date, please contact the designated Project Manager, Ms. Eva Brown at (301) 415-2315.

Docket Nos. 50-317, 50-318, 72-41 72-008, 50-275, 50-323, 72-26,50-003, 50-247, 50-286, 72-51, 50-333, 72-12, 50-220, 50-410, 72-1036, 50-244, 72-67, 50-361, 50-362

Enclosures:

1. Request for Additional Information

2. Distribution List cc w/encls: Distribution via Listserv Sincerely, Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

REQUEST FOR ADDITIONAL INFORMATION PREEMPTION AUTHORITY

1.

On June 5, 2013, the U.S. Nuclear Regulatory Commission (NRC or Commission) issued Order EA-13-092 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13121A459), (the Order), designating certain NRC licensed facilities as eligible to request preemption authority. Attachment 3 of the Order contained requirements in support of conducting firearms background checks.

Verification that these items are complete or will be completed prior to implementation of preemption authority, should it be granted, is required.

a.

Address whether the site training and qualification program has been revised, or is being revised, to provide each individual with instructions on identifying events or status that would disqualify the individual from possession or use of firearms and the continuing responsibility of each individual to promptly notify the licensee of the occurrence of any such event or status. If the training and qualification program is not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

b.

Verify that either the security plan and/or associated security procedures currently require or shall require, for the purpose of assuring correct and complete information, that the licensee shall provide to each individual the contents of records obtained from the Federal Bureau of Investigation (FBI) before making any final adverse determination. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

c.

Verify that either the security plan and/or associated security procedures currently require or shall require that confirmation of receipt by the individual of the contents of records obtained from the FBI must be maintained by the licensee for a period of five years from the date of the notification. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

d.

Verify that either the security plan and/or associated security procedures currently require or shall require the retention of a copy of all information submitted and received for firearms background checks for a minimum of five years after the information is superseded through periodic reinvestigation or the termination of an individual's access to firearms. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

e.

Verify that either the security plan and/or associated security procedures currently require or shall require that as of 180 days after the effective date of Commission Order EA-13-092, which was December 22, 2013, the licensee shall not assign any individual to any armed duties unless the individual has completed a satisfactory firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

f.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee remove from armed duties, without delay, any individual who has received a "denied" response from the FBI and that the licensee may return an individual to armed duties only after the individual receives a "proceed" response from the FBI, subsequent to receiving a "delayed" or "denied" response. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

g.

Verify that either the security plan and/or associated security procedures currently require or shall require that all personnel subject to a firearms background check be provided with instructions for appealing "delayed" or "denied" responses and that these instructions will continue to be provided to all personnel subject to a firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

h.

Verify that either the security plan and/or associated security procedures currently require or shall require all personnel subject to a firearms background check to notify the licensee's security management within three working days of the occurrence or existence of any disqualifying event or status. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

i.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee remove from armed duties, without delay, any individual for whom disqualifying information has become known or where a satisfactory firearms background check reinvestigation has not been completed. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

j.

Confirm that the removal from armed duties of any individual for whom disqualifying information has become known or where a satisfactory firearms background check reinvestigation has not been completed, will be completed within the timeframe specified for reconstitution of the minimum security organization staffing levels described in the licensee's current NRC-approved security plans, or sooner if practicable. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

k.

Verify that either the security plan and/or associated security procedures currently require or shall require that all individuals who require access to firearms as part of their official duties complete a periodic firearms background check re-investigation at least once every five years, following the initial or most recent satisfactory firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

I.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee shall complete a "new" firearms background check or reinvestigation for all individuals who have had a break in employment of greater than seven consecutive calendar days or who have transferred to the employment of the licensee or the licensee's contractor. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

m.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee will notify the NRC Headquarters Operations Center by telephone within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> after removing an individual from armed duties as a result of the discovery of any disqualifying status or event. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

DISTRIBUTION LIST Mr. James A. Spina Vice President-Corporate Site Operations Constellation Energy Nuclear Group, LLC 100 Constellation Way, Suite 200C Baltimore, MD 21202 Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Docket Nos. 50-317 and 50-318, License Nos. DPR-53 and DPR-69 Calvert Cliffs Independent Spent Fuel Storage Installation Docket No. 72-8, Specific License No. SNM-2505 Mr. George H. Gellrich, Vice President Calvert Cliffs Nuclear Power Plant, L LC.

Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 Diablo Canyon Nuclear Power Plant, Units 1 and 2 Docket Nos. 50-275 and 50-323, License Nos. DPR-80 and DPR-82 Diablo Canyon-Independent Spent Fuel Storage Installation Docket No. 72-26, Specific-License No. SNM-2511 Mr. Edward D. Halpin Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant PO Box 56, Mail Code 104/6 Avila Beach, CA 93424 Indian Point Nuclear Generating, Unit 1 Docket No.50-003, License No. DPR-5 Indian Point Nuclear Generating, Units 2, and 3 Docket Nos. 50-247, 50-286, and 72-51, License Nos. DPR-26 and DPR-64 Mr. John A. Ventosa Vice President, Operations Entergy Nuclear Operations, Inc.

Indian Point Energy Center 450 Broadway, GSB P.O. Box 249 Buchanan, NY 1 0511-0249 James A FitzPatrick Nuclear Power Plant Docket Nos. 50-333 and 72-12, License No. DPR-59 Mr. Lawrence Coyle Vice President, Operations Entergy Nuclear Operations, Inc.

James A FitzPatrick Nuclear Power Plant P.O.Box110 Lycoming, NY 13093 Nine Mile Point Nuclear Station, Units 1 and 2 Docket Nos. 50-220, 50-410, and 72-1036, License Nos. DPR-63 and NPF-69 Mr. Ken Langdon Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093 San Onofre Nuclear Generating Station, Units 2 and 3 Docket Nos. 50-361,50-362, and 72-41, License Nos. NPF-10 and NPF-15 Mr. Thomas Palmisano Senior Vice President and Chief Nuclear Officer Southern California Edison Company San Onofre Nuclear Generating Station P. 0. Box 128 San Clemente, CA 92674-0128 R.E. Ginna Nuclear Power Plant Docket Nos. 50-244 and 72-67, License No. DPR-18 Mr. Joseph E. Pacher Vice President R.E. Ginna Nuclear Power Plant R.E. Ginna Nuclear Power Plant, LLC 1503 Lake Road Ontario, NY 14519 The NRC staff considers that timely responses to requests for additional information help ensure sufficient time is available for staff review and contribute toward the NRC's goal of efficient and effective use of staff resources. If circumstances result in the need to revise the requested response date, please contact the designated Project Manager, Ms. Eva Brown at (301) 415-2315.

Sincerely,

/RAJ Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 72-41 72-008, 50-275, 50-323, 72-26,50-003, 50-247, 50-286, 72-51, 50-333, 72-12, 50-220, 50-410, 72-1036, 50-244, 72-67, 50-361, 50-362

Enclosures:

1. Request for Additional Information

2. Distribution List cc w/encls: Distribution via Listserv Distribution PUBLIC LPL3-2 r/f RidsFsme Resource RidsNrrPMDiabloCanyon RidsNrrPMNineMilePoint RidsNrrPMGinna RidsAcrsAcnw_MaiiCTR RidsNsir RidsOGCRp RidsSecyMaiiCenter Resource RidsNrrDorllpl1-1 Resource RidsNrrPMFitzPatrick RidsNrrLASRohrer RidsNrrDorllpl3-2 Resource RidsNrrDorllpl4-1 Resource RidsRgn1 MaiiCenter DGordon, NSIR ADAMS Package No.: ML14093A677 OFFICE LPLIII-2/PM LPLIII-2/LA LPLI-1/BC NAME EBrown SRohrer BBeasley DATE 4/7/14 4/7/14 4/7/14 OFFICE LPLIV-2/BC NMSS/FCSS/FMB* NRR/DORUD NAME DBroaddus (CGratton for) RJohnson MEvans DATE 4/14/14 4/22/14 5/1/14 OFFICIAL RECORD COPY RidsNrr RidsNrrPMindianPoint RidsNrrPMSanOnofre RidsNrrDorllpl4-2 Resource RidsNrrPMCalvertCiiffs RidsNmssFcssFmb SGiebel, FSME RidsRgn4MaiiCenter

• via e-mail LPLIV-1/BC MMarkley (PBamford for) 4/14/14