ML22189A195
| ML22189A195 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/30/2022 |
| From: | Amy Snyder Reactor Decommissioning Branch |
| To: | Sauger J TMI-2 Solutions |
| Amy Snyder, 301-415-6822 | |
| Shared Package | |
| ML22189A194 | List: |
| References | |
| EPID L-2021-LLA-0103 | |
| Download: ML22189A195 (4) | |
Text
OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION John T. Sauger President and Chief Nuclear Officer TMI-2 Solutions, LLC 121 West Trade Street, Suite 2700 Charlotte, NC 28202
SUBJECT:
THREE MILE ISLAND STATION, UNIT NO. 2 - ISSUANCE OF AMENDMENT FOR REQUESTED LICENSING ACTION REGARDING REVISION TO LICENSE CONDITION 2.C.(2), PHYSICAL PROTECTION (EPID: L-2021-LLA-0103)
Dear John Sauger:
The U.S. Nuclear Regulatory Commission (NRC) has issued Amendment No. 65 to Possession Only License (POL) No. DPR-73 for Three Mile Island Station, Unit No. 2 (TMI-2). This amendment is issued in response to the TMI-2 Solutions, LLC (TMI-2 Solutions) application dated May 13, 2021, Agencywide Documents Access and Management System (ADAMS)
Accession No. ML21144A262 (non-public), as supplemented, on September 21, 2021 (ML21267A505 (public) and ML21267A504 (non-public)), and on March 31 (ML22102A304 Pkg.
(public)), April 28 (ML22125A013 (public)), May 3 (ML22125A014 Pkg. (non-public)), May 9 (ML22138A281 (non-public)), May 10 (ML22131A138 (public)), June 9 (ML22164A029 Pkg.
(non-public)), July 13 (ML22199A078 Pkg. (non-public)), July 19 (ML22203A107 (public) and ML22203A108 (non-public)), and August 1, 2022 (ML22214A048 (public)), for TMI-2.
In its May 13, 2021, application, TMI-2 Solutions requested NRC review and approve a proposed deletion of License Condition 2.C.(2), Physical Protection, for the POL No. DPR-73 in support of the TMI-Station Independent Spent Fuel Storage Installation (ISFSI) Only Physical Security Plan. In its March 31, 2022, supplement, TMI-2 Solutions stated that TMI-2 Solutions will develop a Materials Security Plan document (its own plan), instead of the site physical security, guard training and qualification, and safeguards contingency plans maintained by Three Mile Island Station, Unit No. 1 (TMI-1). Instead of deleting License Condition 2.C.(2),
TMI-2 Solutions proposed a modification to License Condition 2.C.(2), Physical Protection, for POL No. DPR-73 that would revise License Condition 2.C.(2), Physical Protection, to refer to a Materials Security Plan specific to TMI-2 that is compliant with Title 10 of the Code of Federal Regulations (10 CFR) Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, to implement the requirements for 10 CFR 73.67, Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance, and Part 37 material.
ENCLOSURE 2 CONTAINS OFFICIAL USE ONLY - SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED.
August 30, 2022
OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION J. Sauger OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION On June 1, 2022 (ML22154A187), TMI-2 Solutions provided written notification for implementation of the TMl-2 Materials Security Plan. TMl-2 Solutions stated it will coordinate implementation to coincide with the TMI-1 ISFSI Only Security Plan timeline as described in Constellation Energy Generations April 29, 2021 license amendment request for TMI-1 (ML21145A183) and subsequent TMl-1 submittals.
On June 28, 2022, the license amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; and order imposing procedures was published in the Federal Register (FR) (87 FR 38429). No comments or requests were received.
The NRC staff consulted with the Commonwealth of Pennsylvania on July 8, 2022 (ML22189A203), regarding the proposed no significant hazard determination for the proceeding.
The Commonwealth of Pennsylvania responded on July 21, 2022 (ML22208A049), stating that it had no comment on the application.
The NRC staff concludes that there will be no significant construction impacts from a revision of License Condition 2.C.(2), Physical Protection, to refer to a security plan specific to TMI-2 that is compliant with 10 CFR Part 37 to implement the requirements for 10 CFR 73.67 and Part 37 material. Part 37 plans are not approved by the NRC, but instead are reviewed by the NRC Region I inspection staff responsible for Part 37 and Physical Security for compliance with the regulations. NRC concludes that, in accordance with 10 CFR 51.22(c)(12), this action is categorically excluded from the requirement for an environmental assessment or environmental impact statement. The reason 10 CFR 51.22(c)(12)(ii) applies is that the proposed action relates solely to safeguards matters, i.e., modifications to systems used for security and/or materials accountability and does not involve any significant construction impacts. The action is to revise License Condition 2.C.(2), Physical Protection.
For the reasons set forth in the safety evaluation in Enclosure 2 (nonpublic) to this letter, the NRC staff has determined that the modification of License Condition 2.C.(2), Physical Protection, to refer to a security plan specific to TMI-2 will implement Part 37 requirements and address the applicable portions of the 10 CFR 73.67 requirements that are not covered by Part 37. This modification will ensure that TMI-2 Solutions continues to meet the applicable physical security requirements.
The amendment approving the modification of POL No. DPR-73 License Condition 2.C.(2),
Physical Protection, is provided in Enclosure 1 to this letter. Enclosure 2 contains the NRC staffs associated safety evaluation which includes proprietary information and should be protected from public disclosure. The Notice of Issuance will be forwarded to the Office of the Federal Register for publication.
ENCLOSURE 2 CONTAINS OFFICIAL USE ONLY - SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED.
OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION J. Sauger OFFICIAL USE ONLY-SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of ADAMS. ADAMS is accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html.
If you have any questions, please contact me at 301-415-6822, or via email at Amy.Snyder@nrc.gov.
Sincerely, Amy M. Snyder, Senior Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards Docket No. 50-320
Enclosures:
As stated cc: via TMI-2 Listserv (w/o Enc. 2)
Tim Devik, TMI-2 Solutions Trdevik@energysolutions.com (w/o Enc. 2)
Frank Helin, TMI-2, fjhelin@energysolutions.com (w/o Enc. 2)
ENCLOSURE 2 CONTAINS OFFICIAL USE ONLY - SECURITY RELATED INFORMATION AND PROPRIETARY INFORMATION. THIS ENCLOSURE MUST BE PROTECTED ACCORDINGLY. UPON REMOVAL OF ENCLOSURE 2, THIS LETTER IS DECONTROLLED.
Signed by Snyder, Amy on 08/30/22
ML22189A194; Ltr ML22189A195 OFFICE NMSS/DUWP/RDB NMSS/DUWP/RDB NSIR/DPCP/MSB OGC/GCHA
/AGCOR/NLO NAME ASnyder SAnderson ARivera KGamin DATE Jul 11, 2022 Jul 12, 2022 Jul 12, 2022 Aug 8, 2022 OFFICE NSIR/DSO/ILTAB*
NMSS/DUWP/RDB NMSS/DUWP/RDB NAME DDavis SAnderson ASnyder DATE Aug 9, 2022 Aug 30, 2022 Aug 30, 2022