DCL-14-045, Response to NRC Request for Additional Information Regarding Bequest for Preemption Authority

Response to NRC Request for Additional Information Regarding Bequest for Preemption Authority

ML14135A379
Person / Time
Site:	Diablo Canyon
Issue date:	05/15/2014
From:	Allen B Pacific Gas & Electric Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
DCL-14-045, DIL-14-009
Download: ML14135A379 (9)

Text

Pacific Gas and Electric Company May 15, 2014 PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 Barry S. Allen Site Vice President Diablo Canyon Power Plant Mail Code 104/6 P. 0. Box 56 Avila Beach, CA 93424 805.545.4888 Internal: 691.4888 Fax: 805.545.6445 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 10 CFR 50.90 10 CFR 72.56 Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Diablo Canyon Units 1 and 2 Docket No. 72-26, SNM-2511 Diablo Canyon Independent Spent Fuel Storage Installation Response to NRC Request for Additional Information Regarding_Bequest for.

Preemption Authority

Reference:

1.

PG&E Letter DCL-13-074, DIL-13-011, "License Amendrnent Request 13-04: Application for Commission Authorization to Use Preemption Authority Granted Under Provisions of Section 161A of the Atomic Energy Act of 1954, as Amended," dated September 24, 2013 In Reference 1, Pacific Gas and Electric Company (PG&E) submitted a request for

• approval of an amendment to Facility Operating License Nos. DPR-80 and DPR-82 for Units 1 and 2 of the Diablo Canyon Power Plant (DCPP), respectively, and Special Nuclear Materials License No. SNM-2511 for the Diablo Canyon Independent Spent Fuel Storage Installation (DC ISFSI). The license atnendtnent request requested the Commission to exercise its preemption authority under Section 161A of the Atomic Energy Act of 1954, as amended (42 United States Code 2201 a), to grant PG&E the authority to possess and use certain firearms, ammunition, and other devices, such as large capacity ammunition feeding devices, notwithstanding local, state, and certain federal firearms laws that may prohibit such possession and use. These firearms, ammunition, and other devices are necessary to implement the NRC-approved security plan for DCPP and DC ISFSI.

The NRC Staff provi<;iedarequest for additional information (RAI), via. :letter dated May 1, 2014. The Enclosure to this letter provides PG&E's resp.onsi~

• ta the NRC RAI.

PG&E makes no new or revised regulatory commitments (as defined):~y ~NE! 9~~04) in this letter.

A member of the STARS (Strategic Teaming and Resource Sharing)

Alliance Callaway

• Comanche Peak

• Diablo Canyon

• Palo Verde

• Wolf Cr eek

Document Control Desk May 15, 2014 Page 2 PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 If you have any questions or require additional information, please contact Mr. Tom Baldwin at (805) 545-4720.

I state under penalty of perjury that the foregoing is true and correct.

Executed on May 15, 2014.

Sincerely, fi ':? _5. A-a--

Barry S. Allen Site Vice President RNTT/4231/SAPN 50619520 Enclosure cc:

Diablo Distribution cc/enc:

Peter J. Bamford, NRC Project Manager Marc L. Dapas, NRC Region IV Administrator John M. Goshen, P.E. NMSS Project Manager Thomas R. Hipschman, NRC Senior Resident Inspector Gonzalo L. Perez, Branch Chief, California Department of Public Health A

member of the STARS (Strategic Teaming and Resource Sharing)

Alliance Callaway

• Comanche Peak

• Diablo Canyon

• Palo Verde

• Wolf Creek

Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 PG&E Response to NRC Request for Additional Information Regarding Request for Preemption Authority NRC Question 1 (1.a through 1.m):

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.

PG&E Response:

Security Procedure SP 202, Revision 16, "Security Force Training and Qualification Program," Section 4.4.5 states that security training instructors are responsible for providing instruction on identifying events or status that would disqualify security personnel from possession or use of firearms and the reporting of such disqualifying events.

Security Procedure SP 202, Revisiof116, Section 4.5.1 states that all personnel with access to firearms are responsible for notifying security management within three days of event or status that disqualifies firearms possession.

NRC Question 1.b

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.

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PG&E Response:

Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 Security Procedure SP 432, Revision 13, "Criteria for Denial/Revocation/Suspension of Unescorted Access Authorization,"

Section 6.6 states if information is identified as a result of the FBI criminal history check, the individual shall be afforded an opportunity to correct any incorrect information per 10 CFR 73.57, to assure the information is correct and accurate as required.

NRC Question 1.c

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.

PG&E Response:

Administrative Procedure OM11.DC5, Revision 7, "Access Authorization Program Records and Protection of Information," Section 6.1.1 documents that the contents of records obtained from the FBI are retained for a period of five years from the date of notification. However, the procedure will be revised to confirm the receipt of the records by the individual. (To be completed by July 31, 2014)

NRC Question 1.d

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.

PG&E Response:

Administrative Procedure OM11.DC5, Revision 7, "Access Authorization Program Records and Protection of Information," Section 6.1.1 requires the retention of all information submitted or received for a period of five years after termination of unescorted access authorization. However, this 2

Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 procedure will be revised to specify all information submitted and received for firearms background checks are retained for a minimum of five years after the information is superseded through periodic reinvestigation or the termination of an individual's access to firearms. (To be completed by July 31, 2014)

NRC Question 1.e

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.

PG&E Response:

• Administrative Procedure OM11.DC1, Revision 36, "Process for Unescorted Access Authorization," Section 5.8, "Fingerprinting and Criminal History Check," Subsection 5.8.1 states, "A criminal history check by the Federal Bureau of Investigation (FBI) is required per NRC regulations 10 CFR 73.57 and/or NRC Order EA-13-092." This procedure will be revised to clearly state that "the licensee shall not assign any individual to any armed duties unless the individual has completed a satisfactory firearms background check." (To be completed by July 31, 2014)

NRC Question 1.f

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.

PG&E Response:

Security Procedure SP 202, Revision 16, "Security Force Training and Qualification Program," has instruction to remove an individual from an armed status for failure of a firearms investigation. This procedure will be 3

Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 revised to clearly state that "the licensee shall 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." (To be completed by July 31, 2014)

NRC Question 1.g

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.

PG&E Response:

Security Procedure SP 202 Revision 16, "Security Force Training and Qualification Program," will be revised to clearly state that "all personnel subject to a firearms background check shall 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." (To be completed by July 31, 2014)

NRC Question 1.h

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.

PG&E Response:

Security Procedure SP 202, "Security Force Training and Qualification Program," Revision 16, Section 4.5 states that all personnel with access to firearms are responsible for notifying security management within three days of event or status that disqualifies firearms possession.

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NRC Question 1.i Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009

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.

PG&E Response:

Security procedure SP 202, Revision 16, "Security Force Training and Qualification Program," has instruction to remove an individual from all armed duties, where a satisfactory firearms background check reinvestigation has not been completed. However, this procedure will be revised to clearly state that "the licensee shall 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." (To be completed by July 31, 2014)

NRC Question 1.j

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.

PG&E Response:

Reconstitution of the minimum staffing of the security organization is in the DCPP NRC approved Security Plan (Revision 9) and Security Procedure 600A, Revision 4, "Safeguards Contingency Plan Responsibility Matrix," and would not be affected by 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. However, Security Procedure SP 600A, Revision 4, will be revised to clearly state that "the minimum security organization staffing levels described in the current DCPP NRC-5

Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 approved security plan shall be maintained. In addition, 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 time frame specified for reconstitution of the minimum security organization staffing levels described in the current DCPP NRC-Approved security plans, or sooner if practicable." (To be completed by July 31, 2014)

NRC Question 1.k

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 reinvestigation 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.

PG&E Response:

The requirement for all individuals who require access to firearms as part of their official duties shall complete a periodic firearms background check reinvestigation at least once every five years, following the initial or most recent satisfactory firearms background check. This requirement is implemented through a recurring task for qualification ("Required Clearance for Weapons"). Security Procedure SP 202, Revision 16, Sections 5.4 and 5.5 will be revised to require that all individuals who require access to firearms as part of their official duties complete a periodic firearms background check reinvestigation at least once every five years, following the initial or most recent satisfactory firearms background check. (To be completed by July 31, 2014) 6

NRC Question 1.1 Enclosure PG&E Letter DCL-14-045 PG&E Letter DIL-14-009 I.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee shall complete a (fnew" 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.

PG&E Response:

Security Procedure SP 202, Revision 16, "Security Force Training and Qualification Program," will be revised to clearly state that "the DCPP 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." (To be completed by July 31, 2014)

NRC Question 1.m

m.

Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee will notify the NRC Headquarlers 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.

PG&E Response:

Security Procedure SP 106, "Security Reporting," Revision 25, Section 5.3, provides instruction for making a report after removing an individual from an armed capacity upon learning of a disqualifying event within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br />.

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