JAFP-14-0086, Response to Request for Information for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act License Amendment Request

Response to Request for Information for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act License Amendment Request

ML14195A040
Person / Time
Site:	FitzPatrick
Issue date:	07/11/2014
From:	Coyle L Entergy Nuclear Northeast, Entergy Nuclear Operations
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
JAFP-14-0086, TAC MF2702
Download: ML14195A040 (8)

Text

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

James A. FitzPatrick NPP P.O. Box 110 Lycoming, NY 13093 Tel 315-342-3840 Lawrence M. Coyle Site Vice President - JAF JAFP-14-0086 July 11, 2014 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

Subject:

RE: Response to Request for Information for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act License Amendment Request (TAC No. MF2702)

James A. FitzPatrick Nuclear Power Plant Docket Nos. 50-333 and 72-12 License No. DPR-59

References:

1. Entergy letter, Application for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act and License Amendment Request, JAFP-13-0036, dated August 30, 2013

2. NRC letter, 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 Power Plant, 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, dated May 1, 2014

3. Entergy letter, Response to Request for Information for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act License Amendment Request (TAC No. MF2702),

JAFP-14-0060, dated May 14, 2014

Dear Sir or Madam,

James A. FitzPatrick Nuclear Power Plant (JAF) requested an amendment pursuant to Section 161A of the Atomic Energy Act, for Commission authorization to use Section 161A preemption authority under 42 U.S.C. 2201a to permit the continued use by security personnel of the standard weapons described in Attachment 1 of Reference 1.

JAFP-14-0086 Page 2 of 2 In reviewing the application, the NRC determined that additional information is required to complete processing the application [Reference 2]. JAF submitted a response [Reference 3].

Subsequent to Reference 3 the NRC requested additional details. The attachment to this letter provides a more thorough response.

There are no regulatory commitments in this submittal. Should you have any questions or require additional information regarding this application, please contact Mr. Chris M. Adner, Regulatory Assurance Manager at 315-349-6766.

I declare under penalty of perjury that the foregoing is true and correct. Executed on July 11, 2014.

LMC/CMA/mh Attachments: Response to Request for Additional Information cc: Mr. Douglas V. Pickett, NRC Senior Project Manager Regional Administrator, NRC Region 1 Ms. Margaret E. Stambaugh, Security and Incident Response, NRR Mr. Edward C. Knutson, NRC Senior Resident Inspector, JAFNPP Mr. John B. Rhodes, President and CEO, NYSERDA Ms. Bridget Frymire, New York State Dept. of Public Service

JAFP-14-0086 ATTACHMENT RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION (5 Pages)

Page 1 of 1

JAFP-14-0086 Attachment Response to Request for Additional Information Question

1. On June 5, 2013, the NRC 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 pre-emption 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 pre-emption authority, should it be granted, is required.

Fitzpatricks Response to NRC Request for Additional Information Regarding Request for Preemption Authority NRC Question 1.a

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.

FitzPatrick Response to 1.a SIP-5.1.18, revision 0, section 7.1.3, Preemption Authority, will require and state Security Management shall 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 security supervision, within 3 working days, of the occurrence of any such status or event SIP-5.1.18, revision 0, section 7.1.4, Preemption Authority, will require and state Individuals currently possessing the use of firearms for performance of their official duties are responsible to promptly report any potential disqualifying event to the security management SIP-5.1.18 is currently in draft pending final approval. The estimated implementation date is August 2014.

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.

FitzPatrick Response to 1.b SIP-5.1.18, revision 0, section 8.1.3, Preemption Authority, will require and state for the assurance of complete and accurate Information, security management shall provide to each individual the contents of records obtained from the FBI prior to making any final adverse determinations. If after reviewing the record, an individual believes that the Page 1 of 5

JAFP-14-0086 Attachment Response to Request for Additional Information information is incorrect or incomplete and wishes to change, correct, update or explain any matter in the record, the individual may initiate challenge procedures 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 5 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.

FitzPatrick Response to 1.c SIP-5.1.18, revision 0, section 8.1.2 (B), Preemption Authority, will require and state All contents of records obtained from the FBI must be maintained for a period of five (5) years from the date of the notification 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 5 years after the information is superseded through periodic reinvestigation or the termination of an individuals 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.

FitzPatrick Response to 1.d SIP-5.1.18, revision 0, section 8.1.2 (A), Preemption Authority, will require and state All submitted and received information of an individuals firearms background investigation shall be retained for a minimum of five (5) years after the information is superseded through periodic reinvestigations or the termination of an individuals access to firearms 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.

FitzPatrick Response to 1.e SIP-5.1.18, revision 0, section 7.1.6, Preemption Authority, will require and state 180 days after the effective date of Commission Order EA-13-092, which was December 22, 2013, security supervision shall not assign any individual to any armed duties unless the individual has completed a satisfactory firearms background check Page 2 of 5

JAFP-14-0086 Attachment Response to Request for Additional Information 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.

FitzPatrick Response to 1.f SIP-5.1.18, revision 0, section 8.1.3 (C), Preemption Authority, will require and state Security Supervision shall remove from armed duties, without delay, any individual who has received a denied or delayed response from the FBI. Security Supervision may return an individual to armed duty status only after the individual receives a proceed response from the FBI subsequent to receiving a delayed or denied response 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.

FitzPatrick Response to 1.g SIP-5.1.18, revision 0, section 8.1.4 (A), Preemption Authority, will require and state Security Management shall provide to all personnel, with instruction, the appealing process of any delayed or denied response following a firearms background investigation. These instructions shall continually be provided to all personnel subject to the firearms background checks 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 licensees security management within 3 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.

FitzPatrick Response to 1.h SIP-5.1.18, revision 0, section 7.1.3, Preemption Authority, will require and state Security Management shall 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 security supervision, within 3 working days, of the occurrence of any such status or event Page 3 of 5

JAFP-14-0086 Attachment Response to Request for Additional Information NRC Question 1.i

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 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.

FitzPatrick Response to 1.i SIP-5.1.18, revision 0, section 6.1.3, Preemption Authority, will require and state that the Security Manager is responsible to remove from armed duties, without delay, any individual for whom disqualifying information has become known or where a satisfactory background check re-investigation has not been completed SIP-5.1.18, revision 0, section 8.1.3 (D), Preemption Authority, will require and state Security Supervision shall remove from armed duties, without delay, any individual for whom disqualifying information has become known 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 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 licensees 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.

FitzPatrick Response to 1.j SIP-5.1.18, revision 0, section 8.1.3 (I), Preemption Authority, will require and state 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, shall be completed within the timeframe specified for reconstitution of the minimum security organization staffing levels as described in the current JAF security plan, or sooner if practicable 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 re-investigation at least once every 5 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.

FitzPatrick Response to 1.k SIP-5.1.18, revision 0, section 8.1.1 (A), Preemption Authority, will require and state All individuals requiring access to firearms as their official duties must complete a periodic Page 4 of 5

JAFP-14-0086 Attachment Response to Request for Additional Information firearms background check re-investigation at least once every five (5) years following the initial or most recent satisfactory firearms background check NRC Question 1.l

l. 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 7 consecutive calendar days or who have transferred to the employment of the licensee or the licensees 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.

FitzPatrick Response to1.j SIP-5.1.18, revision 0, section 8.1.1 (B,C), Preemption Authority, will require and state (A) all individuals requiring access to firearms as their official duties must complete a new firearms background check or reinvestigation following a break in employment of greater than seven (7) consecutive calendar days (1 week). Temporary active duty in the Military Reserves or National Guard is not considered to be a break in employment. (C)

All individuals requiring access to firearms as their official duties must complete a new firearms background check or reinvestigation that have transferred to the employment of the licensee or the licensees contractor. A satisfactorily completed firearms background check performed by a previous employer or completed for employment within a State other than the State in which the individual will be performing armed duties, is not transferable 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 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.

FitzPatrick Response to 1.m:

SIP-5.1.18, revision 0, section 8.1.3 (F), Preemption Authority, will require and state Security Management shall 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 Page 5 of 5