ML14318A929
| ML14318A929 | |
| Person / Time | |
|---|---|
| Site: | Harris, Brunswick, Crystal River, Robinson  |
| Issue date: | 12/19/2014 |
| From: | Andrew Hon Plant Licensing Branch II |
| To: | Glover R, Hamrick G, Hobbs T, Waldrep B Duke Energy Corp, Duke Energy Progress, Progress Energy Florida |
| Hon A DORL/LPL2-2 301-415-0489 | |
| References | |
| TAC MF3263, TAC MF3264, TAC MF3265, TAC MF3266, TAC MF3267 | |
| Download: ML14318A929 (27) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. George T. Hamrick Vice President Brunswick Steam Electric Plant Duke Energy Progress, Inc.
P.O. Box 10429 Southport, NC 28461 Mr. Terry D. Hobbs General Manager, Decommissioning Crystal River Nuclear Plant (NA2C) 15760 W. Power Line St.
Crystal River, FL 34428-6708 December 19, 2014 Mr. Benjamin C. Waldrep Site Vice President Shearon Harris Nuclear Power Plant Duke Energy 5413 Shearon Harris Rd.
New Hill, NC 27562-0165 Mr. Richard M. Glover Vice President Duke Energy Progress, Inc.
H. B. Robinson Steam Electric Plant, Unit No. 2 3581 W. Entrance Rd.
Hartsville, SC 29550
SUBJECT:
BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2; CRYSTAL RIVER, UNIT 3 NUCLEAR GENERATING PLANT; SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1; AND H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2-ISSUANCE OF LICENSE AMENDMENTS REGARDING REVISION TO CYBER SECURITY PLAN IMPLEMENTATION SCHEDULE COMPLETION DATE (TAC NOS. MF3263, MF3264, MF3265, MF3266, AND MF3267)
Gentlemen:
The Nuclear Regulatory Commission (NRC) has issued the enclosed Amendment No. 266 to Renewed Facility Operating License No. DPR-71; Amendment No. 294 to Facility Operating License No. DPR-62 for Brunswick Steam Electric Plant (BSEP), Units 1 and 2; Amendment No. 239 to Renewed Facility Operating License No. DPR-23 for H. B. Robinson Steam Electric Plant (HBRSEP), Unit No. 2; Amendment No. 144 to Renewed Facility Operating License No. NPF-63 for Shearon Harris Nuclear Power Plant (SHNPP), Unit 1; and Amendment No. 245 to Facility Operating License No. DPR-72 for Crystal River (CR), Unit 3 Nuclear Generating Plant. The amendments are in response to your application dated December 19, 2013, as supplemented by letter dated March 31, 2014.
These amendments revise the Cyber Security Plan (CSP) Implementation Milestone 8 completion date and the Physical Protection license condition regarding full implementation of the CSP in the facility operating licenses for BSEP, Units 1 and 2; HBRSEP, Unit No. 2; SHNPP, Unit 1; and CR, Unit 3 Nuclear Generating Plant.
The NRC staff has completed its review of the information provided by the licensee and is enclosing its Safety Evaluation (SE). The NRC staff has determined that its documented SE does not contain sensitive security-related information pursuant to Title 1 0 of the Code of Federal Regulations (CFR), Section 2.390, "Public inspections, exemptions, requests for withholding." However, the NRC will delay placing the enclosed SE in the public document room for a period of 1 0 working days from the date of this letter, to provide Duke Energy with the opportunity to comment on any sensitive aspects. If you believe that any information in the SE contains sensitive information, please identify such information line-by-line and define the basis pursuant to the criteria of 10 CFR 2.390. After 10 working days, the enclosed SE will be made publicly available.
Docket Nos. 50-325, 50-324, 50-302, 50-261, and 50-400
Enclosures:
- 1. Amendment No. 266 to DPR-71
- 2. Amendment No. 294 to DPR-62
- 3. Amendment No. 239 to DPR-23
- 4. Amendment No. 144 to NPF-63
- 5. Amendment No. 245 to NPF-72
- 6. Safety Evaluation cc w/enclosures: Distribution via Listserv Sincerely, Andrew Hon, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS, INC.
DOCKET NO. 50-325 BRUNSWICK STEAM ELECTRIC PLANT, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 266 Renewed License No. DPR-71
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment filed by Duke Energy (the licensee), dated December 19, 2013, as supplemented by letter dated March 31, 2014, 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 Title 10 of the Code of Federal Regulations ( 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 amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
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.
- 2.
Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-71 is hereby amended to read as follows:
(2)
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 266, are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
- 3.
In addition, Paragraph 2.D of Renewed Facility Operating License No. DPR-71 is revised to add the following language:
The licensee 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 licensee's CSP was approved by License Amendment No. 258, as supplemented by changes approved by License Amendment Nos. 261 and 266.
- 4.
This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date of issuance. The implementation of the 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 December 19, 2013, as supplemented by letter dated March 31, 2014, 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.
Attachment:
Changes to Renewed License No. DPR-71 FOR T~NUCLEAR REGULA TORY COMMISSION Lisa M. Regner, Acting Chief Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: December 19, 2014
ATTACHMENT TO LICENSE AMENDMENT NO. 266 RENEWED FACILITY OPERATING LICENSE NO. DPR-71 DOCKET NO. 50-325 Replace the following pages of Renewed Operating License DPR-71 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages 4
5 Insert Pages 4
5 (2)
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 266, are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
For SuNeillance Requirements (SRs) that are new in Amendment 203 to Renewed Facility Operating License DPR-71, the first performance is due at the end of the first suNeillance inteNal that begins at implementation of Amendment 203. For SRs that existed prior to Amendment 203, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first suNeillance inteNal that begins on the date the SuNeillance was last performed prior to implementation of Amendment 203.
(a)
Effective June 30, 1982, the suNeillance requirements listed below need not be completed until July 15, 1982. Upon accomplishment of the suNeillances, the provisions of Technical Specification 4.0.2 shall apply.
Specification 4.3.3.1, Table 4.3.3-1, Items S.a and S.b (b)
Effective July 1, 1982, through July 8, 1982, Action statement "a" of Technical Specification 3.8.1.1 shall read as follows:
ACTION:
- a.
With either one offsite circuit or one diesel generator of the above required A. C. electrical power sources inoperable, demonstrate the OPERABILITY of the remaining A.C.
sources by performing SuNeillance Requirements 4.8.1.1.1.a and 4.8.1.1.2.a.4 within two hours and at least once per 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> thereafter; restore at least two offsite circuits and four diesel generators to OPERABLE status within 7 days or be in at least HOT SHUTDOWN within the next 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and in COLD SHUTDOWN within the following 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
(3} Deleted by Amendment No. 206.
D.
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 plans, which contain Safeguards Information protected under 10 CFR 73.21 are entitled: "Physical Security Plan, Revision 2," and "Safeguards Contingency Plan, Revision 2," submitted by letter Renewed License No. DPR-71 Amendment No. 266 dated May 17, 2006, and "Guard Training and Qualification Plan, Revision 0,"
submitted by letter dated September 30, 2004.
The licensee 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 licensee's CSP was approved by License Amendment No. 258, as supplemented by changes approved by License Amendment Nos. 261 and 266.
E.
This license is subject to the following additional conditions for the protection of the environment:
- a.
Deleted per Amendment 54, 3-11-83
- b.
Deleted per Amendment 54, 3-11-83
- c.
The licensee shall comply with the effluent limitations contained in National Pollutant Discharge Elimination System Permit No. NC0007064 issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended.
F.
In accordance with the requirement imposed by the October 8, 1976, order of the United States Court of Appeals for the District of Columbia Circuit in Natural Resources Defense Council v. Nuclear Regulatory Commission, No. 74-1385 and 74-1586, that the Nuclear Regulatory Commission "shall make any licenses granted between July 21, 1976 and such time when the mandate is issued subject to the outcome of the proceedings herein," the license issued herein shall be subject to the outcome of such proceedings.
G.
Deleted by Amendment No. 206.
H.
This license is effective as of the date of issuance and shall expire at midnight on September 8, 2036.
I.
Deleted per Amendment No. 70 dated 5-25-84.
J.
Deleted per Amendment No. 70 dated 5-25-84.
K.
Deleted by Amendment No. 206.
L.
Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment (Amendment No. 183):
(1)
Deleted by Amendment No. 206.
(2)
Deleted by Amendment No. 206.
Renewed License No. DPR-71 Amendment No.266l
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS. INC.
DOCKET NO. 50-324 BRUNSWICK STEAM ELECTRIC PLANT. UNIT 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 294 Renewed License No. DPR-62
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Duke Energy (the licensee), dated December 19, 2013, as supplemented by letter dated March 31, 2014, 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 Title 10 of the Code of Federal Regulations (1 0 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 amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
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.
- 2.
Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Renewed Facility Operating License No. DPR-62 is hereby amended to read as follows:
(2)
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 294, are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
- 3.
In addition, Paragraph 2.C.(6) of Facility Operating License No. DPR-62 is revised to add the following language:
The licensee 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 licensee's CSP was approved by License Amendment No. 286, as supplemented by changes approved by License Amendment Nos. 289 and 294.
- 4.
This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date issuance. The implementation of the 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 December 19, 2013, as supplemented by letter dated March 31, 2014, 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.
Attachment:
Changes to Renewed License No. DPR-62 FOR TH~UCLEAR REGULA TORY COMMISSION r ;:/p
~
Lisa M. Regner, Acting Chief Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: December 19, 2014
ATTACHMENT TO LICENSE AMENDMENT NO. 294 RENEWED FACILITY OPERATING LICENSE NO. DPR-62 DOCKET NO. 50-324 Replace the following pages of Renewed Operating License DPR-62 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages 3
5 6
Insert Pages
'Page 6 of the license DPR-62 is being replaced due to additional wording on page 5, which caused the last line of page 5 to move to the first line of page 6.
(3)
Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use at any time any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4)
Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess and use in amounts as required any byproduct, source, and special nuclear materials without restriction to chemical of physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; (5)
Pursuant to the Act and 1 0 CFR Parts 30 and 70 to posses, but not separate, such byproduct and special nuclear materials as may be produced by the operation of Brunswick Steam Electric Plant, Unit Nos. 1 and 2, and H. B. Robinson Steam Electric Plant, Unit No.2 (6)
Carolina Power & Light Company shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the facility and as approved in the Safety Evaluation Report dated November 22, 1977, as supplemented April 1979, June 11, 1980, December 30, 1986, December 6, 1989, July 28, 1993, and February 1 0, 1994 respectively, 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.
C.
This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter 1: 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 2923 megawatts (thermal).
(2)
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 294, are hereby incorporated in the license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications.
Renewed License No. DPR-62 Amendment No. 294 next 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> and in COLD SHUTDOWN within the following 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
(3)
Deleted by Amendment No. 236.
(4)
Equalizer Valve Restriction The valves in the equalizer piping between the recirculation loops shall be closed at all times during reactor operation, except for one bypass valve which is left open to prevent pressure build-up due to ambient and conduction heating of the water between the equalizer valves.
(5)
Deleted by Amendment No. 233.
(6)
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 plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Physical Security Plan, Revision 2," and "Safeguards Contingency Plan, Revision 2," submitted by letter dated May 17, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004.
The licensee 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 licensee's CSP was approved by License Amendment No. 286, as supplemented by changes approved by License Amendment Nos. 289 and 294.
D.
This license is subject to the following additional conditions for the protection of the environment:
- a.
Deleted per Amendment 79, 3-11-83
- b.
Deleted per Amendment 79, 3-11-83
- c.
Deleted per Amendment 79, 3-11-83
- d.
The licensee shall comply with the effluent limitations contained in National Pollutant Discharge Elimination System Permit No. NC0007064 issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended.
E.
This license is effective as of the date of issuance and shall expire at midnight on December 27, 2034.
F.
Deleted per Amendment No. 98 dated 5-25-84.
Renewed License No. DPR-62 Amendment No. 294 G.
Deleted per Amendment No. 98 dated 5-25-84.
H.
Deleted by Amendment No. 236.
I.
Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment (Amendment No. 214):
(1)
Deleted by Amendment No. 236.
(2)
Deleted by Amendment No. 236.
(3)
Fuel Pool Decay Heat Evaluation The decay heat loads and the decay heat removal systems available for each refueling outage shall be evaluated, and bounding or outage specific analyses shall be used for various refueling sequences. Where a bounding engineering evaluation is in place, a refueling specific assessment shall be made to ensure that the bounding case encompasses the specific refueling sequence. In both cases (i.e.,
bounding or outage specific evaluations), compliance with design basis assumptions shall be verified.
(4)
Deleted by Amendment No. 236.
(5)
Deleted by Amendment No. 236.
J.
The UFSAR supplement, as revised, submitted pursuant to 10 CFR 54.21(d),
shall be included in the next scheduled update to the UFSAR required by 10 CFR 50.71 (e)(4) following the issuance of this renewed operating license. Until that update is complete, CP&L
- may make changes to the programs and activities described in the supplement without prior Commission approval, provided that CP&L
- evaluates such changes pursuant to the criteria set forth in 10 CFR 50.59 and otherwise complies with the requirements in that section.
K.
The UFSAR supplement, as revised, describes certain future activities to be completed prior to the period of extended operation. Duke Energy Progress, Inc.
shall complete these activities no later than December 27, 2014, and shall notify the NRC in writing when implementation of these activities is complete and can be verified by NRC inspection.
- On April 29, 2013, the name "Carolina Power & Light Company" (CP&L) was changed to "Duke Energy Progress, Inc."
Renewed License No. DPR-62 Amendment No. 2941
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS, INC.
DOCKET NO. 50-261 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No. 239 Renewed License No. DPR-23
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Duke Energy (the licensee), dated December 19, 2013, as supplemented by letter dated March 31, 2014, 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 Title 10 of the Code of Federal Regulations ( 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 amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
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.
- 2.
Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 3.B. of Renewed Facility Operating License No. DPR-23 is hereby amended to read as follows:
B. Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 239 are hereby incorporated in the license.
The licensee shall operate the facility in accordance with the Technical Specifications.
- 3.
In addition, Paragraph 3.F of Renewed Facility Operating License No. DPR-23 is revised to add the following language:
The licensee 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 licensee's CSP was approved by License Amendment No. 226, as supplemented by changes approved by License Amendment Nos. 230 and 239.
/
- 4.
This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date issuance. The implementation of the 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 December 19, 2013, as supplemented by letter dated March 31, 2014, 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.
Attachment:
Changes to Renewed License No. DPR-23 FOR.*~*T
.N:UCLEAR REGULA TORY COMMISSION I
/
~
I Lisa M. Regner, Acting Chief Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: December 19, 2014
ATTACHMENT TO LICENSE AMENDMENT NO. 239 RENEWED FACILITY OPERATING LICENSE NO. DPR-23 DOCKET NO. 50-261 Replace the following pages of the Renewed Facility Operating License No. DPR-23 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages 3
4 Insert Pages 3
4 D.
Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form for sample analysis or instrument and equipment calibration or associated with radioactive apparatus or components; E.
Pursuant to the Act and 1 0 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by operation of the facility.
- 3.
This renewed license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations: 10 CFR Part 20, Section 30.34 of 10 CFR Part 30, Section 40.41 of 10 CFR Part 40, Section 50.54 and 50.59 of 1 0 CFR Part 50, and Section 70.32 of 1 0 CFR Part 70; and 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:
A.
Maximum Power Level The licensee is authorized to operate the facility at a steady state reactor core power level not in excess of 2339 megawatts thermal.
B.
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 239 are hereby incorporated in the license.
The licensee shall operate the facility in accordance with the Technical Specifications.
(1)
For Surveillance Requirements (SRs) that are new in Amendment 176 to Final Operating License DPR-23, the first performance is due at the end of the first surveillance interval that begins at implementation of Amendment 176. For SRs that existed prior to Amendment 176, including SRs with modified acceptance criteria and SRs whose frequency of performance is being extended, the first performance is due at the end of the first surveillance interval that begins on the date the Surveillance was last performed prior to implementation of Amendment 176.
Renewed Facility Operating License No. DPR-23 Amendment No.239 C.
Reports Duke Energy Progress, Inc. shall make certain reports in accordance with the requirements of the Technical Specifications.
D.
Records Duke Energy Progress, Inc. shall keep facility operating records in accordance with the requirements of the Technical Specifications.
E.
Fire Protection Program Duke Energy Progress, Inc. shall implement and maintain in effect all provisions of the approved Fire Protection Program as described in the Updated Final Safety Analysis Report for the facility and as approved in the Fire Protection Safety Evaluation Report dated February 28, 1978, and supplements thereto. Duke Energy Progress, Inc. 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.
F.
Physical Protection and Cyber Security 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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans, which contains Safeguards Information protected under 10 CFR 73.21, is entitled: "H. B.
Robinson Steam Electric Plant Security, Training and Qualification, and Safeguards Contingency Plan, Revision 0" submitted by letter dated October 1, 2004, as supplemented by letter dated October 20, 2004.
The licensee 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 licensee's CSP was approved by License Amendment No. 226, as supplemented by changes approved by License Amendment Nos. 230 and 239.
G.
The following programs shall be implemented and maintained by the licensee:
(1)
DELETED Renewed Facility Operating License No. DPR-23 Amendment No. 239
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY PROGRESS, INC.
DOCKET NO. 50-400 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 AMENDMENT TO RENEWED FACILITY OPERATING LICENSE Amendment No.144 Renewed License No. NPF-63
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Duke Energy (the licensee), dated December 19, 2013, as supplemented by letter dated March 31, 2014, 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 Title 10 of the Code of Federal Regulations ( 1 0 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 amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
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.
- 2.
Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. NPF-63 is hereby amended to read as follows:
(2)
Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A, and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 144, are hereby incorporated into this license. Duke Energy Process, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
- 3.
In addition, Paragraph 2.E of Renewed Facility Operating License No. NPF-63 is revised to add the following language:
The licensee 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 licensee's CSP was approved by License Amendment No. 136, as supplemented by changes approved by License Amendment Nos. 140 and 144.
- 4.
This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date issuance. The implementation of the 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 December 19, 2013, as supplemented by letter dated March 31, 2014, 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.
Attachment:
Changes to the Renewed License No. NPF-63 FOR THE UCLEAR REGULA TORY COMMISSION Lisa M. Regner, Acting Chief Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: December 19, 2014
ATTACHMENT TO LICENSE AMENDMENT NO. 144 FACILITY OPERATING LICENSE NO. NPF-63 DOCKET NO. 50-400 Replace the following pages of Renewed Facility Operating License No. NPF-63 with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Pages 4
8 Insert Pages 4
8 C.
This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 1 0 CFR Chapter I and 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 Duke Energy Progress, Inc. is authorized to operate the facility at reactor core power levels not in excess of 2948 megawatts thermal (1 00 percent rated core power) in accordance with the conditions specified herein.
(2)
Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, as revised through Amendment No. 144, are hereby incorporated into this license. Duke Energy Progress, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3)
Antitrust Conditions Duke Energy Progress, Inc. shall comply with the antitrust conditions delineated in Appendix C to this license.
(4)
Initial Startup Test Program (Section 14)1 Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.
1 The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.
Renewed License No. NPF-63 Amendment No.144 E.
Physical and Cyber Security (Section 13.6.2.1 0)
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 the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Guard Training and Qualification Plan" submitted by letter dated October 19, 2004, "Physical Security Plan" and "Safeguards Contingency Plan" submitted by letter dated October 19, 2004 as supplemented by letter dated May 16, 2006.
The licensee 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 licensee's CSP was approved by License Amendment No. 136, as supplemented by changes approved by License Amendment Nos. 140 and 144 F.
Fire Protection Program Duke Energy Progress, Inc. shall implement and maintain in effect all provisions of the approved fire protection program that comply with 10 CFR 50.48(a) and 10 CFR 50.48(c), as specified in the revised license amendment request dated October 9, 2009, supplemented by letters dated February 4, 2010, and April 5, 2010, and approved in the associated safety evaluation dated June 28, 2010.
Except where NRC approval for changes or deviations is required by 10 CFR 50.48(c) and NFPA 805, and provided no other regulation, technical specification, license condition or requirement would require prior NRC approval, the licensee may make changes to the fire protection program without prior approval of the Commission if those changes satisfy the provisions set forth in 10 CFR 50.48(a) and 10 CFR 50.48(c), the change does not require a change to a technical specification or a license condition, and the criteria listed below are satisfied.
(1) Risk-Informed Changes that May Be Made Without Prior NRC Approval A risk assessment of the change must demonstrate that the acceptance criteria below are met. The risk assessment approach, methods, and data shall be acceptable to the NRC and shall be appropriate for the nature and scope of the change being evaluated; be based on the as-built, as-operated and maintained plant; and reflect the operating experience at the plant. Acceptable methods to assess the risk of the proposed change may include methods that have been used in the peer-reviewed Fire PRA model, methods that have been approved by the NRC via a plant-specific license amendment or through NRC approval of generic methods specifically for use in NFPA 805 risk assessments, or methods that have been demonstrated to bound the risk impact.
Renewed License No. NPF-63 Amendment No.144
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DUKE ENERGY FLORIDA, INC.
CITY OF ALACHUA CITY OF BUSHNELL CITY OF GAINESVILLE CITY OF KISSIMMEE CITY OF LEESBURG CITY OF NEW SMYRNA BEACH AND UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH CITY OF OCALA ORLANDO UTILITIES COMMISSION AND CITY OF ORLANDO SEMINOLE ELECTRIC COOPERATIVE. INC.
DOCKET NO. 50-302 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 245 License No. DPR-72
- 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by Duke Energy, et al. (the licensees), dated December 19, 2013, as supplemented by letter dated March 31, 2014, 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 Title 10 of the Code of Federal Regulations (1 0 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 amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
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.
- 2.
Accordingly, the license is amended as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-72 is hereby amended to read as follows:
Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 245, are hereby incorporated in the license. Duke Energy Florida, Inc. shall operate the facility in accordance with the Technical Specifications.
- 3.
In addition, Paragraph 2.D of Facility Operating License No. DPR-72 is revised to add the following language:
The licensee 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 licensee's CSP was approved by License Amendment No. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.
- 4.
This license amendment is effective as of the date of its issuance and shall be implemented within 30 days of the date issuance. The implementation of the 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 December 19, 2013, as supplemented by letter dated March 31, 2014, 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.
Attachment:
Changes to License No. DPR-72 FOR THE NUCLEAR REGULA TORY COMMISSION Douglas A. Broa s, Chief Plant Licensing Branch IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Date of Issuance: December 19, 2014
ATIACHMENT TO LICENSE AMENDMENT NO. 245 FACILITY OPERATING LICENSE NO. DPR-72 DOCKET NO. 50-302 Replace the following pages of Facility Operating License DPR-72 with the attached revised pages. The revised pages are identified by amendment number and contain vertical lines indicating the areas of change.
Remove Pages 4
5d Insert Pages 4
5d 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:
2.C.(1) Maximum Power Level Duke Energy Florida, Inc. is authorized to operate the facility at a steady state reactor core power level not in excess of 2609 Megawatts (1 00 percent of rated core power level).
2.C.(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No.245, are hereby incorporated in the license. Duke Energy Florida, Inc. shall operate the facility in accordance with the Technical Specifications.
The Surveillance Requirements contained in the Appendix A Technical Specifications and listed below are not required to be performed immediately upon implementation of Amendment 149. The Surveillance Requirements shall be successfully demonstrated prior to the time and condition specified below for each.
a)
SR 3.3.8.2.b shall be successfully demonstrated prior to entering MODE 4 on the first plant start-up following Refuel Outage 9.
b)
SR 3.3.11.2, Function 2, shall be successfully demonstrated no later than 31 days following the implementation date of the ITS.
c)
SR 3.3.17.1, Functions 1, 2, 6, 10, 14, & 17 shall be successfully demonstrated no later than 31 days following the implementation date of the ITS.
d)
SR 3.3.17.2, Function 10 shall be successfully demonstrated prior to entering MODE 3 on the first plant start-up following Refuel Outage 9.
e)
SR 3.6.1.2 shall be successfully demonstrated prior to entering MODE 2 on the first plant start-up following Refuel Outage 9.
f)
SR 3. 7.12.2 shall be successfully demonstrated prior to entering MODE 2 on the first plant start-up following Refuel Outage 9.
g)
SR 3.8.1.1 0 shall be successfully demonstrated prior to entering MODE 2 on the first plant start-up following Refuel Outage 9.
h)
SR 3.8.3.3 shall be successfully demonstrated prior to entering MODE 4 on the first plant start-up following Refuel Outage 9.
Facility Operating License No. DPR-72 Amendment No.'245
-Sd-2.0 Physical and Cyber Security 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 2781.7 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).
The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled: "Physical Security Plan, Revision 5," and "Safeguards Contingency Plan, Revision 4," submitted by letter dated May 16, 2006, and "Guard Training and Qualification Plan, Revision 0," submitted by letter dated September 30, 2004, as supplemented by letters dated October 20, 2004, and September 29, 2005.
The licensee 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 licensee's CSP was approved by License Amendment No. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.
Facility Operating License No. DPR-72 Amendment No. 245
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001
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/)****..._~SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATED TO THE FOLLOWING:
AMENDMENT NOS. 266 AND 294 RENEWED FACILITY OPERATING LICENSE NOS. DPR-71 AND DPR-62 BRUNSWICK STEAM ELECTRIC PLANT. UNITS 1 AND 2 DOCKET NOS. 50-325 AND 50-324 AMENDMENT NO. 239 RENEWED FACILITY OPERATING LICENSE NO. DPR-23 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO.2 DOCKET NO. 50-261 AMENDMENT NO. 144 RENEWED FACILITY OPERATING LICENSE NO. NPF-63 SHEARON HARRIS NUCLEAR POWER PLANT. UNIT 1 DOCKET NO. 50-400 AMENDMENT NO. 245 FACILITY OPERATING LICENSE NO. DPR-72 CRYSTAL RIVER. UNIT 3 NUCLEAR GENERATING PLANT DOCKET NO. 50-302
1.0 INTRODUCTION
By application dated December 19, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13357A189), as supplemented by letter dated March 31, 2014 (ADAMS Accession No. ML14092A293), Duke Energy (Duke) (the licensee) requested a change to the facility operating licenses (FOLs) for Brunswick Steam Electric Plant, Units 1 and 2 (BSEP, Units 1 and 2); Crystal River, Unit 3 Nuclear Generating Plant (CR-3); Shearon Harris Nuclear Power Plant, Unit 1 (SHNPP, Unit 1); and H. B. Robinson Steam Electric Plant, Unit No. 2 (HBRSEP). The term 'licensee', as it is used to in this SE, includes the licensees for each of the individual plants identified above or in the initial application, and any conclusions or findings made for the licensee apply to each individual plant as well. In addition, the term
'license', as it is used in this SE, includes the licenses for all of the individual plants identified above or in the initial application. The proposed change would revise the date of Cyber Security Plan (CSP) Implementation Schedule Milestone 8 and the existing license conditions in the facility operating licenses. Milestone 8 of the CSP implementation schedule concerns the full implementation of the CSP.
The supplemental letter dated March 31, 2014, provided a redacted version of the initial application that allowed for the release of more information to the public, did not expand the scope of the application as originally noticed, and did not change the Nuclear Regulatory Commission (NRC or the Commission) staff's original proposed no significant hazards consideration determination as published in the Federal Register on May 6, 2014 (79 FR 25899).
Portions of the letter dated December 19, 2013, contain sensitive unclassified non safeguards information and, those portions are withheld from public disclosure in accordance with 10 CFR 2.390(d)(1).
2.0 REGULATORY EVALUATION
The NRC staff reviewed and approved the licensee's existing CSP implementation schedule by License Amendment No. 258 to Renewed License DPR-71 for BSEP, Unit 1; License Amendment No. 286 to Renewed License No. DPR-62 for BSEP, Unit 2; License Amendment No. 226 to Renewed License No. DPR-23 for HBRSEP, Unit 2; License Amendment No. 136 to Renewed License No. NPF-63 for SHNPP, Unit 1; and License Amendment No. 238 to Facility Operating License No. DPR-72 for CR-3, dated July 29, 2011 (ADAMS Accession No. ML11193A028}, concurrent with the incorporation of the CSP into the facilities' current licensing bases.
The NRC staff considered the following regulatory requirements and guidance in its review of the December 19, 2013, license amendment request to modify the existing CSP implementation schedule:
Title 10 of the Code of Federal Regulations (CFR), section 73.54, which states, in part:
Each [CSP] submittal must include a proposed implementation schedule.
Implementation of the licensee's cyber security program must be consistent with the approved schedule.
The licensee's facility operating licenses include a license condition that requires the licensee to fully implement and maintain in effect all provisions of the Commission-approved CSP. The license condition states, in part, that:
The licensee 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 amendments dated July 29, 2011, which approved the licensee's CSP and implementation schedule, included the following statement:
The implementation of the 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 April 7, 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 publically available NRC memorandum dated October 24, 2013 (ADAMS Accession No. ML13295A467), the NRC staff listed criteria that it would consider during its evaluations of licensees' requests to postpone their cyber security program full implementation dates (commonly known as Milestone 8).
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 "Implementation 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 will, thus, require prior NRC approval pursuant to 10 CFR 50.90.
3.0 TECHNICAL EVALUATION
3.1 Licensee's Requested Change The NRC staff issued License Amendment No. 258 to Renewed License DPR-71 for BSEP, Unit 1; License Amendment No. 286 to Renewed License No. DPR-62 for BSEP Unit 2; License Amendment No. 226 to Renewed License No. DPR-23 for HBRSEP; License Amendment No. 136 to Renewed License No. NPF-63 for SHNPP; and License Amendment No. 238 to Facility Operating License No. DPR-72 for CR-3, on July 29, 2011. The NRC staff also approved the licensee's CSP implementation schedule as discussed in the safety evaluation issued with the amendments. The implementation schedule had been submitted by the licensee based on a template prepared by Nuclear Energy Institute (NEI), which the NRC staff found acceptable for licensees to use to develop their CSP implementation schedules (ADAMS Accession No. ML110070348). The licensee's proposed implementation schedule for the CSP identified completion dates and bases for the following eight milestones:
- 1) Establish the Cyber Security Assessment Team;
- 2) Identify Critical Systems and Critical Digital Assets (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;
- 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) Ongoing monitoring and assessment activities for those target set CDAs whose security controls have been implemented; and
- 8) Fully implement the CSP.
Currently, Milestone 8 of the Duke CSP requires Duke to fully implement the CSP by December 31, 2014. In its December 19, 2013, application, Duke proposed to change the Milestone 8 completion date to December 31, 2017. The licensee's application addressed the eight criteria in the NRC's October 24, 2013 (ADAMS Accession No. ML13295A467) guidance memorandum.
The licensee provided the following information pertinent to each of the criteria identified in the NRC guidance memorandum.
- 1) Identification of the specific requirement or requirements of the cyber security plan that the licensee needs additional time to implement.
The licensee stated that the merger of the Progress Energy and Duke companies caused the licensee to reassess the scope and resource requirements of CSP implementation. The licensee further stated that synergies and program consistency could be realized by aligning CSP program development under a single combined project. The combined project supports a full implementation date for the legacy Progress Energy sites' CSP that is consistent with the full implementation date for the legacy Duke sites' CSP. The licensee stated that it is requesting additional time in order to combine the scope of the legacy Progress Energy sites with the legacy Duke sites.
- 2) Detailed justification that describes the reason the licensee requires additional time to implement the specific requirement or requirements identified.
The licensee stated that the CDA identification activities conducted in 2012, along with the work performed to meet interim Milestones 1 through 7, demonstrated that the scope of work to be performed is significantly larger than was originally expected, and has required the company to go back to the initial planning phases to better understand the scope and resources required to meet the requirements. The Milestone 8 completion date had been established prior to significant work being performed on program implementation, and this caused the scope of the work to be substantially underestimated. Additionally, the licensee stated that the processes governing performance of the CDA assessments do not apply a graded approach to the performance of assessments. Therefore all CDAs relating to safety, important to safety, security and emergency preparedness functions, including in the balance of plant out to the first inter-tie, are given equal importance in the planning and execution of assessment activities.
- 3) A proposed completion date for Milestone 8 consistent with the remaining scope of work to be conducted and the resources available.
The licensee proposed a Milestone 8 completion date of December 31, 2017. This will allow the licensee to combine the project for the legacy Progress Energy sites with the project for the legacy Duke sites, and plan for the unanticipated scope of work needed to meet the CSP requirements.
- 4) An evaluation of the impact that the additional time to implement the requirements will have on the effectiveness of the licensee's overall cyber security program in the context of milestones already completed.
The licensee indicated that interim actions taken in accordance with Milestones 1 through 7 provide a high degree of protection against cyber attacks during the period of full program implementation (Milestone 8). For example, the licensee has implemented a Portable Media/Mobile Device Program and installed one-way deterministic devices to segregate higher level devices from lower level devices. The licensee then briefly described how it had implemented the various milestones and its use of the corrective action program (CAP) for cyber security.
- 5) A description of the licensee's methodology for prioritizing completion of work for CDAs associated with significant safety consequences and with reactivity effects in the balance of plant.
The licensee stated all CDAs for safety functions, important to safety functions, security functions, emergency preparedness functions, and balance of plant functions to the first inter-tie (bus-line breaker) with offsite distribution system, are given equal importance in the planning and execution of the assessment activities.
- 6) A discussion of the licensee's cyber security program performance up to the date of the license amendment request.
The licensee stated that interim actions taken in accordance with Milestones 1 through 7 provide a high degree of protection against cyber attacks during the period that the full program is being implemented. It provided details about the effectiveness of some of the completed work. It also noted an audit at three of the sites with issues being placed in the CAP for resolution.
- 7) A discussion of cyber security issues pending in the licensee's CAP.
The licensee stated BSEP, CR-3, SHNPP, and HBRSEP use the CAP to document cyber security issues in order to trend, correct, and improve the CSP. The licensee listed CSP actions pending in the CAP, such as NRC inspection lessons-learned for CSP improvement, issues and improvement items identified pertaining to the implemented program, and pending modifications.
- 8) A discussion of modifications completed to support the CSP and a discussion of pending cyber security modifications.
The licensee discussed completed modifications and pending modifications and noted that additional modifications may be identified as assessment work continues.
3.2
NRC Staff Evaluation
The NRC staff has evaluated the licensee's application using the regulatory requirements and guidance above. The NRC staff's evaluation is below.
The licensee indicated that completion of the activities associated with the CSP, as described in Milestones 1 through 7, and completed prior to December 31, 2012, provide a high degree of protection to ensure that the most significant digital computer and communication systems and networks associated with safety, security, and emergency preparedness systems are protected against cyber attacks. The licensee detailed actions taken in Milestones 1 through 7 and described ongoing activities to complete Milestone 8. The NRC staff concludes that actions taken in accordance with Milestones 1 through 7 provide significant protection against cyber attacks. The NRC staff finds that the licensee's site is much more secure after implementation of Milestones 1 through 7, because the activities the licensee completed mitigate the most significant cyber attack vectors for the most significant CDAs. Therefore, the NRC has reasonable assurance that full implementation of the CSP by December 31, 2017, will provide adequate protection of the public health and safety and the common defense and security.
The licensee stated that the Milestone 8 completion date was established prior to any significant work being performed on program implementation. The CDA identification activities conducted in 2012 demonstrated that the scope of work is much larger than originally expected and has required the licensee to take actions and utilize resources that were not initially planned. Additionally, the licensee stated that the processes governing performance of the CDA assessments do not apply a graded approach to the performance of assessments and therefore include all CDAs relating to safety, important to safety, security and emergency preparedness functions, including in the balance of plant out to the first inter-tie. The NRC staff agrees that it would be more efficient and effective to conduct this work as a combined effort along with the legacy Duke sites (Catawba, McGuire, and Oconee nuclear stations) and placing all of Duke's sites on one implementation schedule. The NRC staff recognizes that CDA assessment work is much more complex and resource intensive than originally anticipated and that the licensee has a large number of additional tasks not originally considered when developing its CSP implementation schedule, in part due to the NRC expanding the scope of the cyber security requirements to include balance of plant systems.
As a result, the licensee has a large number of additional tasks not originally considered when developing its CSP implementation schedule. The NRC staff finds the licensee's request for additional time to implement Milestone 8 is reasonable given the unanticipated complexity, volume, and scope of the work required to fully implement its CSP. The NRC staff concludes that the licensee's progress toward full implementation is reasonable and that the impact of the requested additional implementation time on the effectiveness of the overall cyber security program is being effectively managed.
The licensee proposed a Milestone 8 completion date of December 31, 2017. The licensee stated that changing the completion date of Milestone 8 will provide the licensee sufficient time to plan work due to the unanticipated scope, as well as to align the implementation of Milestone 8 throughout the licensee's fleet. The licensee stated that all CDAs for safety functions, important to safety functions, security functions, emergency preparedness functions, and balance of plant functions to the first inter-tie (bus-line breaker) with offsite distribution system are weighted equally during work planning and execution. The NRC staff finds that based on the unanticipated complexity of CDA assessment and the remaining work to complete Milestone 8 described above, the licensee's methodology for prioritizing work is appropriate.
3.3 Technical Evaluation Conclusion
The NRC staff concludes that the licensee's request to delay full implementation of its CSP until December 31, 2017, is reasonable because the licensee's implementation of Milestones 1 through 7 adds additional protection that provides mitigation for significant cyber attack vectors for the most significant CDAs; that the licensee's explanation of the need for additional time is compelling as the scope of the work required to come into full compliance with the CSP was much more complicated than anticipated and was not reasonably foreseeable; and that it is acceptable for Duke to complete implementation of Milestone 8, full implementation of the CSP, by December 31, 2017. 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 finds the proposed change acceptable.
3.4 Revision to License Condition By letter dated December 19, 2013, the licensee proposed to modify Paragraph 2.D of Renewed Facility Operating License No. DPR-71, Paragraph 2.C.(6) of Renewed Facility Operating License No. DPR-62, Paragraph 2.E of Renewed Facility Operating License No. NPF-63, Paragraph 2.D of Facility Operating License No. DPR-72, and Paragraph 3.F of Renewed Facility Operating License No. DPR-23 for BSEP, Units 1 and 2; SHNPP, Unit 1; CR-3; and HBRSEP, Unit No.2, respectively, which provide a license condition to require the licensees to fully implement and maintain in effect all provisions of the NRC-approved CSP.
The license condition in Paragraph 2.D of Renewed Facility Operating License No. DPR-71 for BSEP, Unit 1 is modified as follows:
The licensee's CSP was approved by License Amendment No. 258, as supplemented by changes approved by License Amendment Nos. 261 and 266.
The license condition in Paragraph 2.C.(6) of Renewed Facility Operating License No. DPR-62 for BSEP, Unit 2 is modified as follows:
The licensee's CSP was approved by License Amendment No. 286, as supplemented by changes approved by License Amendment Nos. 289 and 294.
The license condition in Paragraph 2.E of Renewed Facility Operating License No. NPF-63 for SHNPP, Unit 1 is modified as follows:
The licensee's CSP was approved by License Amendment No. 136, as supplemented by changes approved by License Amendment Nos. 140 and 144.
The license condition in Paragraph 2.D of Facility Operating License No. DPR-72 for CR-3 is modified as follows:
The licensee's CSP was approved by License Amendment No. 238, as supplemented by changes approved by License Amendment Nos. 242 and 245.
The license condition in Paragraph 3.F of Renewed Facility Operating License No. DPR-23 for HBRSEP, Unit No. 2 is modified as follows:
The licensee's CSP was approved by License Amendment No. 226, as supplemented by changes approved by License Amendment Nos. 230 and 239.
4.0 STATE CONSULTATION
In accordance with the Commission's regulations, the North Carolina official was notified of the proposed issuance of the amendments for Brunswick Units 1 and 2 and Harris, and the South Carolina officials were notified of the proposed amendment for HBRSEP. The North Carolina and South Carolina State officials had no comments.
Based upon a letter dated May 2, 2003, from Michael N. Stephens of the Florida Department of Health, Bureau of Radiation Control, to Ms. Brenda L. Mozafari, Senior Project Manager, U.S.
Nuclear Regulatory Commission, the State of Florida does not desire notification of issuance of license amendments. In an e-mail dated July 25, 2012 (ADAMS Accession No. ML12208A014),
from Cynthia Becker, Florida State Bureau of Radiation Control, to Farideh Saba, Senior Project Manager, U.S. Nuclear Regulatory Commission, the State of Florida confirmed that the May 2003 letter continues to reflect the State's position on notification of issuance of license amendments.
5.0 ENVIRONMENTAL CONSIDERATION
These amendments are for a Part 50 license and relate solely to safeguards matters and do not involve any significant construction impacts. These amendments are administrative changes to extend the date by which the licensee must have its CSP fully implemented. Accordingly, these amendments meet 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 these amendments.
6.0 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 these amendments will not be inimical to the common defense and security or to the health and safety of the public.
Principal Contributor: John Rycyna, NSIR Dated: December 19, 2014 These amendments revise the Cyber Security Plan (CSP) Implementation Milestone 8 completion date and the Physical Protection license condition regarding full implementation of the CSP in the facility operating licenses for BSEP, Units 1 and 2; HBRSEP, Unit No. 2; SHNPP, Unit 1; and Crystal River (CR), Unit 3 Nuclear Generating Plant.
The NRC staff has completed its review of the information provided by the licensee and is enclosing its Safety Evaluation (SE). The NRC staff has determined that its documented SE does not contain sensitive security-related information pursuant to Title 10 of the Code of Federal Regulations (CFR}, Section 2.390, "Public inspections, exemptions, requests for withholding." However, the NRC will delay placing the enclosed SE in the public document room for a period of 10 working days from the date of this letter, to provide Duke Energy with the opportunity to comment on any sensitive aspects. If you believe that any information in the SE contains sensitive information, please identify such information line-by-line and define the basis pursuant to the criteria of 10 CFR 2.390. After 10 working days, the enclosed SE will be made publicly available.
Sincerely, IRA/
Andrew Hon, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-325, 50-324, 50-302, 50-261, and 50-400
Enclosures:
- 1. Amendment No. 266 to DPR-71
- 2. Amendment No. 294 to DPR-62
- 3. Amendment No. 239 to DPR-23
- 4. Amendment No. 144 to NPF-63
- 5. Amendment No. 245 to NPF-72
- 6. Safety Evaluation cc w/enclosures: Distribution via Listserv DISTRIBUTION:
NON-PUBLIC (No PDC/ListServ for 10 working days)
BWestreich, NSIR AChereskin, NRR LRonewicz, NRR RFelts, NSIR RidsNrrPMRobinson RidsNrrPMCrystaiRiver RidsRgn2MaiiCenter LPL2-2 R/F ADAMS A ccess1on N ML14318A929 o.:
OFFICE NRRJDORLILPI-NRRIDORLILPL2-NRRJDORLILPL2-1/PMiT 2/PM 2/LAiT NAME AChereskin AHon LRonewicz DATE 12/15/14 12/15/14 11/21/14 OFFICE NSIR/CSD/DD*
OGC/HLW/FC/NS NRR/DORL/LPL4-
-NLO*
2/BC NAME RFelts NStAmour DBroaddus (TWengert for)
DATE 11/20/14 12/12/14 12/19/14 RidsNrrDorllpl2-2 RidsNrrLABCiayton RidsAcrsAcnw_MaiiCTR RidsNrrPMBrunswick RidsNrrDoriDpr RidsNrrDssStsb RidsNrrPMShearonHarris RidsNrrDorllpl4-2
- B -:.y memo an d e-ma1 NRRJDORL/LPL2-NRRIDORLILPL4-NRRJDORL/LPL2-2/LA 2/PM 2/PM BClayton MOrenak MBarillas 12/15/14 12/19/14 11/24/14 NRR/DORL/LPL2-NRR/DORLILPL2-2/BC(A) 2/PM LRegner AHon 12/19/14 12/19/14 OFFICIAL RECORD COPY