ML17255A171

Response to Your Appeal of the Formal Disagreement with Adversary Characteristics, Attributes, or Tactics Employed or Prepared as Part of an NRC-Evaluated Force-On-Force Exercise; Disputed Item 05000346/2017201-01 and 05000346/2017201-02

ML17255A171
Person / Time
Site:	Davis Besse
Issue date:	09/12/2017
From:	Darrell Roberts Office of Nuclear Security and Incident Response
To:	Ellis J FirstEnergy Nuclear Operating Co
Joe Willis
References
IR 2017201
Download: ML17255A171 (3)

See also: IR 05000346/2017201

Text

September 12, 2017

Mr. James D. Ellis

Director, Fleet Security Program

Davis-Besse Nuclear Power Station, Unit 1

5501 North State Route 2

Oak Harbor, OH 43449

SUBJECT: RESPONSE TO YOUR ESCALATED APPEAL OF THE FORMAL

DISAGREEMENT WITH ADVERSARY CHARACTERISTICS, ATTRIBUTES, OR

TACTICS EMPLOYED OR PREPARED AS PART OF AN NRC-EVALUATED

FORCE-ON-FORCE EXERCISE - DISPUTED ITEM 05000346/2017201-01

AND 05000346/2017201-02

Dear Mr. Ellis:

The Division of Security Operations received your original dispute on August 29, 2017, to

escalate the U.S. Nuclear Regulatory Commission (NRC) staffs decision to use two tactics,

techniques, or procedures (TTP) planned for the Davis-Besse force-on-force (FOF) exercises,

and the NRC staffs initial decision was communicated to the site on August 31, 2017. During

these discussions, NRC staff communicated to the site to consider reviewing Regulatory

Guide 5.69, Guidance for the Application of Radiological Sabotage Design-Basis Threat in the

Design, Development and Implementation of a Physical Security Program that Meets

10 CFR 73.55 Requirements, and associated references. On September 1, 2017, the NRC

received your letter appealing the denial of the escalation and requested the NRC reevaluate

their decision. The NRC carefully reevaluated your dispute and determined that the TTPs are

still appropriate for use in an NRC-evaluated FOF exercise. This response was communicated

in a letter dated September 1, 2017.

On September 5, 2017, you requested via e-mail and September 6, 2017, via letter, to appeal

the reevaluated decision by NRC management to continue to use the TTPs planned for the FOF

exercises. The NRC conducted an additional evaluation of your dispute and determined that

the TTPs are still appropriate for use in an NRC-evaluated FOF exercise. On

September 8, 2017, the NRC received your letter appealing the reevaluated decision to use the

planned TTPs in the FOF exercises.

In your submittals, you elected to escalate and appeal the use of the TTPs within Scenarios 1

and 2 developed by the NRC force-on-force inspection team. I have carefully reviewed your

appeals and concluded that the disputed TTPs are approved for use within the NRC-evaluated

scenario for the following reasons: (1) they are within the design basis threat; (2) they are

supported by available data; (3) they are within your ability to provide defense-in-depth; (4) they

can be safely performed and controlled; and (5) they provide a credible and realistic challenge

to your sites protective strategy.

J. Ellis 2

The NRCs detailed response to your appeal has been entered into the NRC Response to

Disputed Item Database, Disputed Item 05000346/2017201-01 and Disputed Item

05000346/2017201-02, and was provided as an enclosure to the original letter, marked

Safeguards Information.

Sincerely,

/RA/

Darrell J. Roberts, Acting Deputy Director

Office of Nuclear Security and Incident Response

cc: William Willis, Manager, Site Security

ML17255A171

OFFICE NSIR/DSO/SPEB NSIR/DSO/SPEB NSIR/DSO

NAME J. Willis D. Pretzello D. Roberts

DATE 9/12/17 9/12/17 9/12/17