ML20105C246

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Comments on Facility Physical Security Plan,In Response to Goldberg 830401 Memo
ML20105C246
Person / Time
Site: 05000000, Summer
Issue date: 04/08/1983
From: Gray J
NRC
To: Hopkins J
NRC
Shared Package
ML20102A920 List: ... further results
References
FOIA-84-166 NUDOCS 8502090352
Download: ML20105C246 (2)


Text

{{#Wiki_filter:. April 8, 1983 e- -[ . Note.to: L B.-H'opkins fFrom:- J.R. Gray j

Re:

Summer Physical Security Plan ~ I ?'

In' a note to S. Goldberg dated April 1,1983, you raise a question about the Sumer physical. security plan referenced in the facility operating 111 cense.: 1Specifica11y, you note that the license currently references

-the physical. security plan.through amendment 6 of the plan although amendment:9:is now 'actually in effect and, ask "whether it is incorrect iand/or. misleading to have the license only list plan amendments through <6 when plan amendment 9 is in effect."

As-you know, 10lCFR 5 50.54(p) authorizes a licensee to make changes to "its~ security ~ plan or to its safeguards contingency plan without prior lNRC
approval.provided that such changes do not decrease the
effectiveness of the plans.

Such changes to plans are permitted under the regulation despite the. fact that the operating hense may reference ~~ sversionslof.the-plans'which~do not reflect the most recent changes made ' pursuant to Section 50.54(p). Thus, because of this regulatico it is ' legally permissible for-the Summer licensee, for example, to actudly soperate under a security plan changed through amendment 9, although tSc Llicense references '_a plan only through amendment'6, provided that the unapproved changes 'in plan amendments L7, 8 and 9 do not decrease the cJeffectivenesss of the-plans. It is not legally. incorrect."to have the s, ilicense'only list plan amendments through 6 when plan amendment 9 is in

effect.*
gThe fact that the Summer license references a plan changed only through--

J -amendment 6 is not necessarily misleading.--- As you may' note, the condition in the Sumer' license references the approved plan through famendment'6-(amendments 7,-8 and 9 are, as yet', not approved and need- "not be:' approved.to be effective provided that those. amendments did not Ldecrease' plan' effectiveness). However, the. license' does not reflect the

currently effective plans;and it ~cannot be ascertained from the face of L the;1icense what ~ version of the plan is in effect or
that plans changed -

1 lbeyond amendment 6 are being implemented.. This situation exists for inearly all. licensed commercial reactors and is a consequence of the . provisions of Section 50.54(p)'which ' allows licensees to modify plans E C ' without having obtained. license-. amendments. In:an attempt to have-tlicenses reflect the latest versions; of? security plans, the Staff does - cperiodically' amend-security' plan license conditions, in conjunction with-l unrelated license? amendments,.to include reference to the = latest version e ofLthe: plans'..Since', in light of what Section 50.54(p) allows,'the

Staff-generally could not legally. require a licensee to apply for a -

glicense amendment every time the. licensee amends its plans pursuant to 'm Section 50.54(p),;the' current. practice of periodically updating the a 1 1 RJ.'8502090352.840518 2- - +:PDR FOIA _ d*ADATOS4 166-POR _ 7 nr

e;;..p,. - m.: .v, 1 a: W- - be... - 2-r- 1 security ' plan reference in conjunction with an unrelated license araendment is probably the appropriate course to take. J.R. Gray 4 w i S

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