ML14139A342

Response to Request for Additional Information Concerning Preemption Authority

ML14139A342
Person / Time
Site:	Calvert Cliffs, Nine Mile Point, Ginna   (DPR-018, DPR-053, DPR-063, DPR-069, NPF-069, SNM-2505)
Issue date:	05/14/2014
From:	Montgomery B Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
EA-13-092
Download: ML14139A342 (7)

Text

AN Exelon Generation.

Bruce S. Montgomery Acting Manager, Licensing 1650 Calvert Cliffs Parkway Lusby, MD 20657 410-495-5338 Office 443-532-6533 Mobile www.exeloncorp.com Bruce.Montgomery@exelon.com 10 CFR Part 73 May 14, 2014 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Renewed Facility Operating License Nos. DPR-53 and DPR-69 Docket Nos. 50-317 and 50-318 Calvert Cliffs Independent Spent Fuel Storage Installation Materials License No. SNM-2505 Docket No. 72-8 Nine Mile Point Nuclear Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-63 and NPF-69 Docket Nos. 50-220 and 50-410 Nine Mile Point Nuclear Station, Independent Spent Fuel Storage Installation General License Docket No. 72-1036 R.E. Ginna Nuclear Power Plant Renewed Facility Operating License No. DPR-18 Docket No. 50-244 R.E. Ginna Independent Spent Fuel Storage Installation General License Docket No. 72-67

References:

Response to Request for Additional Information Concerning Preemption Authority

1. 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

2.

Letter from J. A. Spina (CENG) to Document Control Desk (NRC), dated August 14, 2013, Application for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act of 1954, as Amended, dated June 5, 2013

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Document Control Desk May 14, 2014 Page 2

3.

Letter from M. G. Evans (NRC) to the Interim Eligible Class of NRC Licensed Facilities dated May 1, 2014, Request for Additional Information Concerning Preemption Authority In Reference 1, NRC designated an interim class of licensed facilities eligible to apply for pre-emption authority to allow the possession and use of 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.

By Reference 2, Constellation Energy Nuclear Group (CENG) applied for Commission approval to use the preemption authority allowed by Section 161A of the Atomic Energy Act for its licensed facilities at Calvert Cliffs Nuclear Power Plant, Nine Mile Point Nuclear Power Station, and the R.E.

Ginna Nuclear Power Plant.

In Reference 3,

NRC requested additional confirmatory information regarding the implementation of required background checks for security personnel and changes to security plans, procedures, and training programs to conform to the provisions of Commission Order EA-13-092.

Attachment (1) to this letter provides the requested confirmatory information.

There are no regulatory commitments contained in this correspondence.

Should you have questions regarding this matter, please contact me at 443-532-6533.

Respectfully, Bruce

.Mont omnery Acting anager, Licensing BSM

Attachment:

(1) Response to Request for Additional Information Concerning Preemption Authority cc:

NRC Project Manager, Calvert Cliffs Director, NMSS, NRC NRC Project Manager, Ginna Resident Inspector, NRC (Calvert Cliffs)

NRC Project Manager, Nine Mile Point Resident Inspector, NRC (Ginna)

Regional Administrator, NRC Region I Resident Inspector, NRC (Nine Mile Point)

Director, NSIR, NRC S. Gray, Maryland DNR

ATTACHMENT (1)

RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION CONCERNING PREEMPTION AUTHORITY May 14, 2014

ATTACHMENT (1)

Response to Request for Additional Information Concerning Preemption Authority On June 5, 2013, the U.S. Nuclear Regulatory Commission issued Order EA-13-092, designating certain NRC licensed facilities as eligible to request preemption authority. 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.

The following Exelon responses apply to licensed facilities at Calvert Cliffs, Nine Mile Point and Ginna. The station procedures that implement these requirements are as follows:

" Calvert Cliffs Nuclear Power Plant Security Standard SS-85, Firearms Background Check; Nine Mile Point Nuclear Station Security Administrative Procedure S-SAP-21.1, Firearms Background Check;

• Ginna Security Administrative Procedure SEC-6001, Security Officer Training and Qualification, Revision 00601, and SEC-6006, Security Use of Weapons.

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.

Exelon Response The site training and qualification programs for armed security personnel have been 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 supervision of the occurrence of any such event or status.

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.

Exelon Response The site security procedures currently require that Exelon shall provide to each individual the contents of records obtained from the Federal Bureau of Investigation (FBI) before making any final adverse determination.

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 Page 1

ATTACHMENT (1)

Response to Request for Additional Information Concerning Preemption Authority revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.

Exelon Response The site security procedures currently require that confirmation of receipt by the individual of the contents of records obtained from the FBI will be maintained by Exelon for a period of five years from the date of the notification.

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.

Exelon Response The site security procedures currently 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.

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.

Exelon Response

" The site security procedures required that as of 180 days after the effective date of Commission Order EA-13-092, which was December 22, 2013, CENG/Exelon would not assign any individual to any armed duties unless the individual had completed a satisfactory firearms background check.

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.

Exelon Response The site security procedures currently require that Exelon remove from armed duties, without delay, any individual who has received a "denied" response from the FBI and that Exelon may return an individual to armed duties only after the individual receives a Page 2

ATTACHMENT (1)

Response to Request for Additional Information Concerning Preemption Authority "proceed" response from the FBI, subsequent to receiving a "delayed" or "denied" response.

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.

Exelon Response The site security procedures currently require that all personnel subject to a firearms background check be provided with instructions for appealing "delayed" or "denied" responses. These instructions will continue to be provided to all personnel subject to a firearms background check.

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.

Exelon Response The site security procedures currently require all personnel subject to a firearms background check to notify station security management within three working days of the occurrence or existence of any disqualifying event or status.

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 re-investigation 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.

Exelon Response The site security procedures currently require that Exelon remove from armed duties, without delay, any individual for whom disqualifying information has become known or where a satisfactory firearms background check re-investigation has not been completed.

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 re-investigation 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.

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ATTACHMENT (1)

Response to Request for Additional Information Concerning Preemption Authority Exelon Response The site security procedures currently require that the removal from armed duties of any individual for whom disqualifying information has become known or where a satisfactory firearms background check re-investigation 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.

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.

Exelon Response The site security procedures currently 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.

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.

Exelon Response The site security procedures currently require that Exelon 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 Exelon or an Exelon contractor, as applicable.

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.

Exelon Response The site security procedures currently require that Exelon 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.

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