ML17180B143
| ML17180B143 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Zion, LaSalle  |
| Issue date: | 03/24/1995 |
| From: | Shiraki C NRC (Affiliation Not Assigned) |
| To: | Brem T AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9503290222 | |
| Download: ML17180B143 (11) | |
Text
{{#Wiki_filter:l. ~ tJ ~~ - i -{-~ \\ I.,_: UNITED STATES NUCLEAR REGULATORY COMMISSION Doc-~uk fl-~37pf9/ a-a:i9-5J3iif ~-373137~ - WASHINGTON, O.C. 2055$--0001 Mr. Tom Brem Recording Secretary General Service Employees Union Local 73 1165 North Clark Street, Suite 500 Chicago, Illinois 60610-7768
Dear Mr. Brem:
March 24, 1995 I am responding. to your letter to Mr. James Taylor dated February 13, 1995, which you wrote in response to certain points in the staff's letter dated January 27, 1995, to Senator Moseley-Braun. Concerns regarding the modification of the security force organizations at Commonwealth Edison Company's LaSalle County, Dresden and Zion Nuclear Power Stations are the issue in *the correspondence. Your l eU.re1r discussed the difference between job performance and job accompli:s[mment. The staff recognizes this distinction, and expects. that a profess iomra*~ *security force wi 11 perform its job to the best of its ability and accomplish its assigned task if called upon. The staff's initial action
- to monitor the.efficacy of a security plan is to evaluate it against the requirements contained in 10 CFR Part 73 and its associated appendices.
Within these requirements, licensees may design and change their security plans to suit site specific needs. In accordance with the provisions of 10 CFR 50.54(p), a licensee may make changes to its security plan without prior Commission approval if the changes do not decrease the safeguards effectiveness 'of the p 1 an.
- The ability of the security force to accomp 1 i sh its mission is monitored and evaluated periodically by the Nuclear Regulatory Commission (NRC) in periodic security inspections to ensure that the security force continues to be capable of performing its intended function.
The security plan requirements that are enforced by the NRC are contained in 10 CFR Part 73 and its associated appendices. If a licensee's security plan complies with the regulations and the performance of its security force is satisfactory, the licensee has met the requirements of the regulations. If an interested person wishes to have the Commission issue, amend or rescind a regulation, there is a provision for this called a petition for rulemaking which I briefly explained to you in our phone conversation of February 17, 1995. As I said at the time, paragraph 10 CFR 2.802(b) governs the contact of NRC staff members with prospective petitioners. It requires that in any consultati~n before the filing of a petition for rulemaking, the assistance that may b.e 1p;rovided to a prospective petitioner by a member of the NRC staff is 1 imited b>: Describing the procedure and process for filing and responding to a petition for rule~aking; ~ Nil\\~ \\F\\llE !tltN'IHER COP1 28QQ4L} .. 9503290222 950324 *1 PDR ADOCK 05000237, .F PM1' -- --*----- -------* - ----L - .-..-..fn\\ I . 0\\v \\J
y T. Brem cc: Phillip P. Steptoe, Esquire Sidley and Austin One First National Plaza Chicago, Illinois 60603 Assistant Attorney General 100 West Randolph Street Suite 12 Chicago, Illinois 60601 U.S. Nuclear Regulatory Commission Resident Inspectors Office LaSalle Station 2605 N. 21st Road. Marseilles, Illinois 61341-9756 Chairman LaSalle County Board of Supervisors LaSalle County Courthouse Ottawa, Illinois 61350 Attorney General 500 South Second Street Springfield, Illinois 62701 Chairman Illinois Commerce Commission Leland Building 527 East Capitol Avenue Springfield, Illinois 62706 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illinois 62704 Regional Administrator U.S. NRC, Region III 801 Warrenville 'Road Lisle, Illinois 60532-4351 LaSalle Station Manager LaSalle County Station Rural Route I P.O. Box 220 Marseilles, Illinois 61341 LaSalle County Station Unit Nos. I and 2 Robert Cushing Chief, Public Utilities Division Illinois Attorney General's Office 100 West Randolph Street Chicago, Illinois 60601 Michael I. Miller, Esquire Sidley and Austin One First National Plaza Chicago, Illinois 60690
n r T. Brem cc: Michael I. Miller, Esquire Sidley and Austin One First National Plaza Chicago, Illinois 60690 Mr. Thomas P. Joyce Site Vice Pre~ident Dresden Nuclear Power Station 6500 North Dresden Road Morris, Illinois. 60450-9765 Mr. J. Eenigenburg Station Manager, Unit 2 Dresden Nucl~ar Power Station 6500 North Dresden Road Morris, Illinois 60450-9765 Mr. D. Bax Station Manager, Unit 3 Dresden Nuclear Power Station 6500 North Dresden Road Morris, 'Illinois 60450-9765 U.S. Nuclear Regulatory Commission 'Resident Inspectors Office Dresden Station 6500 North Dresden Road Morris, Illinois 60450-9766 Regional Administrator. U.S. NRC, Region III 801 Warrenville Road Lisle, Illinois 60532-4351 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illinois 62704 Chairman Grundy County Board Administration Building 1320 Union Street Morris, Illinois 60450 Dresden Nuclear Power Station Unit Nos. 2 and 3
.v T. Brem cc: Michael I. Miller, Esquire Sidley and Austin One First National Plaza Chicago, Illinois 60690 Dr. Cecil Lue-Hing Director of Research and Development
- Metropolitan Sanitary Di strict of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Phillip Steptoe, Esquire Sidley and Austin One First National Plaza
°Chicago, Illinois 60603 Mayor of Zion Zion, Illinois 60099 .Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illinois 62704 U.S.. Nuclear Regulatory Commission Zion Resident Inspectors Office 105 Shiloh Blvd. Zion, Illinois 60099 Regional Administrator U.S. NRC, Region III 801 Warrenville Road Lisle, Illinois 60532-4351 Station Manager Zion Nuclear Power Station 101 Shiloh Blvd. Zion, *Illinois 60099~2797 Mr. D. L. Farrar Manager, Nuclear Regulatory Services Commonwealth Edison Company Executive Towers West III 1400 Opus Place, Suite 500 Downers Grove, IL 61515 \\ Zion Nuclear Power Station Unit Nos. 1 and 2
SUbpalt H-Rulemaklng I l.800 Scope of rulemekln1 Thia subpart governs the issua.nce, ' amendrrient and repeal of regulations ill which participation by interested persona is prescribed under section 5S3 of title 5 of the U.S. Code. Nuclear Regulatory Commlalon (3& FR llW, Jul7 l'l, 19'10] I I.IOI Initiation of rulem*kln1, Rulemaking may be 1nltiated by the Comrn1BSion at it.a own 1Dsta.nce, on the recommendation of another agency of the United States. or on the petition or a.ny other interested person. 12.802 Petition for ruJem*k*n1. (a) Any interested person may peti-tion the CommiBSion to fBSue, amend or rescind any regulation. The petition should be addressed to the Secretary, U.S. Nuclear Regulatory Comm1BSion, Washington, DC 20555, Attention: Chief, Docketing and Service Branch. (b) A prospective petitioner may con-sult with the NRC before nUng & peti-tion for rulemaktng by writing the Di-rector, Freedom of lnf'ormation and PubUcations Services, omce of Admin-istration, U.S. Nuclear Regulatory Comrn1esion, Washington, DC 20555, At-tention: Chief, Regulatory PubUcations Branch. A prospective petitioner may also telephone the Regulatory Publica-tions Branch on (301) 492-7086 or toll free on (800) 368-5642. (1) In any consultation prior to the. 11Ung of a petition for rulemaking, the assieta.nce that may be provided by the NRC st.arr is limited t~ (1) Describing the procedure and proc-eBS for fillng *and responding to a peti-tion for rulemaking; (11) Clart(ytng an eld.eting NRC regu-lation and *the basis for the regulation; &nd (111) Assisting the prospective peti-tioner to clarify a potential petition so that the Comrn1BBion 1s able to under-sta.nd the nature of the 1ssues of con-cern to the petitioner. (2) In any conaul tatfon prior to the filing of & petition for rulemaking, in providing the assistance permitted in paragraph (b)(l) of this section, the NRC statt will not draft. or devt3lop text . or alternative approaches to addreBS matters in the prospective petftion*ror rulemaking. (c) Each petition.med under this*sec-tton shall:
- (1) Set forth & general solution to the problem or the substance or text of any proposed regulation or amendment, or
. specify the regulation which 111 to be revoked or amended; (2) State clearly and concillely the petitioner's grounds for and interest 1n the action requested; (3) Include a statement in support of the petition which shall set forth the spectnc 1ssues involved, the petition-er's views or arguments with respect to those iBSues, relevant technical, ecl-entific or other data involved which la reasonably available to the petitioner, and such other pertinent information as the 'petitioner deems necessary to support the action sought. In support of its petition, petitioner should note any epectnc ca.see or which petitioner is aware where the current rule la un-duly burdensome, deficient, or needs to be strengthened. (d) The petitioner may request the Comrn1BSion to suspend all or any part or any licensing proceeding to which the petitioner is a party pending dls-position of the petition for rulemaktng. (e) If it is determined that the peti-tion includes the information required by paragraph (c) or this section and la complete, the Director, Division of Freedom of Information and Publica-tions Services, or deeignee, will assign a docket number to the petition, will cause the petition to be formally dock-eted, and will deposit a copy of the docketed petition in the CommiBSion's Publlc Document Room. Publlc com-ment may be requested by publication or a notice or the docketing of the peti-tion in the FEDERAL REGISTER, or, 1n appropriate cases, may be invited for the first time upon publication in the FEDERAL REGISTER or a proposed rule developed in response to the petition. Publlcation will be limited by the re- . quirements of section 181 of the Atomic Energy Act of 1954, as amended, and may be limited by order of the Com-mission. (!) If it is determined by the Execu-tive Director !or Operations that the petition does not include the informa-tion required by paragraph (c) of this section and is incomplete, the peti-tioner will be notified of that deter-mination and the respecta in which the petition ts deficient and will be ac-corded an opportunity to submit addi-tional data. Ordinarily this determillll.- tion will be made within 30 days from the date or receipt or the petition by the Office or the Secretary of the Com-89 mlaaton. Uthe petitioner doea not sub-mit additional data to correct the den-ciency within 90 days from the date of not11lcation to the petitioner that the petition is incomplete, the petition may be returned to the petitioner with-out prejudice to the right of the peti-tioner to rue & new petition. (g) The Director, Division of Freedom of Information and Publications Serv-ices, O!nce of Administration, will pre-pare on a quarterly basis a summary of petitiona for rulemaktng before the CommiBSion, including the status of each petition. A copy of the report will be available for public inspection and copying for a fee in the CommiBBion's Public Document Room, 2120 L Street, NW., Washington, DC. [44 FR 61322. Oct. 25, 19'79. aa &mended at 48 FR 35487, July 9, 1981; 52 FR 31609, AUB. 21. 1911'1; 53 FR t3t19, Oct. 2'7, 1988; 53 FR 52993. Dec. 30, 1988: 54 FR 53315, Dec. 28, 1989; 56 FR 10360, Mar. 12. 1991]
v Clarifying an existing NRC regulation and the basis for the regulation; and Assisting the prospective petitioner to clarify a potential petition so that the Commission is able to understand the nature of the issues of concern to the petitioner. Para~raph (b) also specifies that in providing the assistance that is permitted, the NRC staff will not draft or develop text or alternative approaches to address matters in a prospective petition for rulemaking. This means that the NRC staff will not prepare or assist an external party in the preparation of a petition for rulemaking. If you decide to pursue this course of action and need guidance regarding the submission and processing of a petition for rulemaking, you should contact Michael Lesar of the Rules Review Section of the Rules Review and Directives Branch, Office of Administration, at (301) 415-7163. Enclosed for you convenience is a copy of 10 CFR Part 2, . Subpart H, Sections 2.800, 2.801, and 2.802, which pertains to rulemaking. An additional issue raised in your February 13, 1995, letter was that hundreds of letters to Chairman Selin on the subject of nuclear site security were unanswered. The NRC staff has no knowledge of the total number of letters that were sent to Chairman Selin, but it responded to all the letters it received for which there was a legible return address, a total of 39 letters. In some instances, considerable effort was expended to determine the name of the person and his/her address so that the staff could reply. The NRC will continue to monitor and evaluate the effectiveness of Commonwealth Edison Company's security plan at its nuclear station sites*to ensure that there is no decline in security force performance associated with
- security plan modifications.
If I can be of any further assistance to you, please call me at (301).415-3101. Sincerely, original signed by: Clyde Y. Shiraki, Project Manager Project Directorate 111-2 Division of Reactor-Projects Ill/IV Office of Nuclear Reactor Regulation Docket Nos. 50-373, 50-374, 50-237, 50-249, 50-295, and 50-304
Enclosure:
10 CFR Part 2, Subpart H, Sections 2.800, 2.801, and 2.802 cc w/encl: See next page Distribution: J. Taylor Docket File PUBLIC (w/incoming) W. Russell/F. E. Adensam OCA J. Milhoan H. Thompson Miraglia R. Zimmerman C. Hawes B. Clayton RII I L. Cunningham R. Capra OGC NRR Mail Room (ED0#000125 w/incoming) C. Shiraki (w/1ncoming) P. Hiland Rlll L. Miller Rill
- See previous concurrence ED0#0000125 J. Blaha POI 11-2 r /f OPA N. Olson C. Moore C. Pederson (w/incoming)
Riii To receive a copy of this document. Indicate in the box: *c* = Copy without enclosures "E" = Copy with enclosures "N" = No copy LA: POII I-2 DRSS TSGB D: PDII 1-2 DFOSTER-C CPEDERSON* LCUNNINGHAM* RCAPRA I....~ 03/16/95 03/z_/ /95
~I T. Brem
- Para~raph (b) also specifies that. in providing the assistance that is * '
perm1tted, the NRC staff ~ill. not draft 6r develop text or.alternative app~oaches to address matters* jn a prospective petition for rulemaking.. This means~that* the.NRC ~taff will not prepare or assist *an e~tern~l party in the prepar~tion of a peti~iori-for ru~e~aking. If ~ou.decide tq purs~e this cou~se of ~ct1on and need gu1dance regard1ng the subm1ss1on and process1~g of a petition for. rulemaking, you sho~ld contact Michiel Lesar of the Rules Revie~ . Section 'of the Rules *Review and Directives Branch., Of.fi~e of Administr;ition, at (301)*415-7163~. Enclo$ed _*for yo_u convenience is a** copy of 10 CFR, Part '2, Subpart H~ Sections *2:800, 2.801, *anc1*2.802;.whfch pertains to rulemaking.. ~ .An a*dditibnal lssu~ raised in.. your.February 13,*1995, *letter*wa*s t~athundr~ds.. of letters to *chairm~n Selin.on the s~bject of nucl~ar site~security were..
- unanswered.. The NRC staff has. no kn owl edge of the total riumqer of letters.,.,.. *,,.: *,..
- th(lt were* sent to Chairman Selin", but it *responded to all the.. letters jt
- received*.for which ther~ was a legible return addres*s~ a t~ta~- of. 39 letters...,*.*.. :* c *.
In some lnstances, cons1derable effort was expended to determ1ne the name of.. ** ~ * * .. the person and his/her address so_*that the st~ff*could reply. \\ ~. ~' ~'. '. "The NRC wi Yi' continue to ~onitor.and eva l ~a.te the ef:fecti ven'ess of c, ** Commonwealth Ed.ison "Company's security" phn at'its nuclear stati'bn '$i.tes.fo* ensure that *there.is no* *decline in* secu*rity force per:forman*ce. associ a_ted with** , s.ecurity* plar;i modificatfon.s> *IL-I' can,* be of.-any. further :a_ssistar;i:ceto_ You, *. :.. please=.call me at (301) 415-3101.,...
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~. _ -~* ~lyde Y. Sh1rak1~.ProJect *Manager ~Pr,<:>ject D-ire.ctora,te Til-2 *.' -Div.is ion of Rea.ctor. Projects 1111.IV-. . Qffic.e of Nucl~'af ~R~~ac;(tbrJ~egulatf~~ *...... .r ',, - ~:*.' \\' V:. Do¢ket~ *Nos.. 5,0-J73.,,_50...:374,
- 50-:2_37, 50-2*49 50-295
- arid 50-304. *
-~ *'* t*-':* f"'<-*. 1: *.
- ;f, ~,jS, l~.:. t :..
~. *. . ~- Enc fosure :.
- cc w/encl:
io cm *Part' i; Subpart H, - Sections* 2.800, 2.801~
- and. 2_. 802
'See, next pagE!- ./ TSGB ."": D:PDill-2 LCUNNINGHAM* "' RCAPRA -'-..V Ol/16/95 03/~I /95 .i' .;* \\. \\ ' ~. .-.~
Clarifying an existing NRC regulation and the basis for the regulation; and Assisting the prospective petitioner to clarify a potential petition so that the Commission is able to understand the nature of the issues of concern to the petitioner. Paragraph (b) also specifies that in providing the assistance that is permitted, the NRC staff will not draft or develop text or alternative approaches to address matters in a prospective petition for rulemaking. This means that the NRC staff will not prepare or assist an external party in the preparation of a petition for rulemaking. If you decide to pursue this course of action and need guidance regarding the submission and processing of a petition for rulemaking, you should contact Michael Lesar of the Rules Review Section of the Rules Review and Directives Branch, Office of Administration, at (301) 415-7163. An additional issue raised in your February 13, 1995, letter was that hundreds of letters to Chairman Selin on the subject of nuclear site security were unanswered. The NRC staff has no knowledge of the total number of letters that were sent to Chairman Selin, but it responded to all the letters it received for which there was a legible return address, a total of 39 letters. In some instances, considerable effort was expended to determine the name of the person and his/her address so that the staff could reply. The NRC will continue to monitor and evaluate the effecti~eness of Commonwealth Edison Company's security plan at its nuclear station sites to ensure that there is no decline in security force performance associated with security plan modifications. If I can be of any further assistance to you, please call me at (301) 415-3101.
- Docket Nos. 50-373, 50-374, 50-237, 50-249, 50-295, and 50-304 cc:
See next page Sincerely, Clyde Y. Shiraki, Project Manager Project Directorate 111-2 Division of Reactor Projects Ill/IV Office of Nuclear Reactor Regulation Distribution: Docket File PUBLIC (w/incoming) ED0#0000125 J. Blaha J. Taylor J. Milhoan H. Thompson W. Russell/F. E. Adensam OCA Miraglia R. Zimmerman C. Hawes B. Clayton Riii L. Cunningham R. Capra OGC NRR Mail Room (ED0#000125 w/incoming)
- c. Shiraki (w/incoming)
P. Hiland Rill L. Miller Rill PDIII~2 r/f (w/incoming) OPA N. Olson C. Moore C. Pederson RI II To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy OFFICE D:PDIII-2 NAME RCAPRA DATE 03/ /95
EDO Principal Correspondence Control FROM: DUE: I I Thomas Brem General Service Employees Union TO: James M. Taylor FOR SIGNATURE OF :
- GRN **
DESC: SECURITY CONCERNS AT LASALLE, DRESDEN & ZION NUCLEAR STATION DATE: 02/15/95 ASSIGNED TO: CONTACT: NRR Russell SPEC~NSTRUCTIONS OR REMARKS: Ref. EDO 10116 For Appropriate Action -=',* ~r~, EDO CONTROL: 0000125 -- DOC DT: 02/13/95. <- :.'::;,.>:*, FINAL REPLY: CRC NO: ROUTING: Taylor Milhoan Thompson Blaha JMartin,.. RIII ._.. ~ '.-. ;..": !> **~~... ;._
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I \\~ General Servic-Employees Union SEIU AFL-CIO, CLC Et'Ol\\'tlitllC Ai\\'D SOt:IAI. JIJS1'U:E Tom Balanoff President Al Washington Secretary Treasurer Mr. James M. Taylor, Executive Director Operations U.S. Nuclear Regulatory Commission
- Washington, DC 20555-0001
Dear Mr; Taylor:
Pia Davis Vice President 1165 North Clark Street, Suite 500 Chicago Illinois 60610-2884 PH.(312)787-5868 FAX(312)337-7768 Tom Brem Rec,ording Secretary February 13, 1995 RE: Security Concerns At LaSalle, Dresden, 8c Zion Nuclear Station This has reference to the above matter. Specifically, I am in receipt of a copy of your January 27, 1995, letter to Senator Moseley-Braun. Your follow up to Senator Moseley-Braun's letters is certainly appreciated. This is especially true since hundreds of similar letters from citizens to Commissioner Selin requesting a response have gone unanswered. A couple of the points you make in your letter, however, require a response. You* indicate, for instance, that "staff did not observe a decline in security force performance" during an inspection. I would expect no less sin.ce these are highly trained, dedicated professionals with many years of experience. Although, frankly, under Burns International Security's (the security contractor for ComEd) current plan to reduce the entire workforce to part-time or temporary workers, I can't say how long this professionalism will continue. There is a key distinction, though, between job performance and job accomplishment. H, for example, the Secret Service agents protecting the President were disarmed, I am confident they would continue to perform their jobs as professionally as they do now. Their ability to accomplish their mission, however, would be severely reduced. It is the same with Nuclear Security. The officers are continuing to perform the tasks assigned them. Their ability to protect the plant in case of an emergency has been severely limited! ~638 EDO --- 000125
Mr. James M. Taylor U.S. Nuclear Regulatory Commission February 13, 1995 Page 2 The second point you appear to raise is that the NRC is either powerless to prevent a reduction in armed guards or agrees that it is an appropriate position to take. Although this was done, I would point out, without an opportunity for input from citizens concerned about security of nuclear plants. I assume this falls under the guidelines expressed in 10 CFR. It would appear then, that our remedy would lie not within Llte NRC but rather through legislation directing a change in 10 CFR to require more realistic mfuimum standards, given today's more unsettled world situation. Once again, I appreciate your response to Senator Moseley-Braun's inquiries. cc: Thomas Balanoff Senator Carol M~ley-Braun TB/baw Sincerely, i i {,,, .. ~~--- Thomas Brem Recording Secretary Political Director
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