L-2023-176, Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule
| ML23334A073 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 11/29/2023 |
| From: | Strand D Florida Power & Light Co, Point Beach |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| L-2023-176 | |
| Download: ML23334A073 (1) | |
Text
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U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 Re:
Florida Power & Light Company Point Beach Units 1 and 2, Docket Nos. 50-266, 50-301, 72-05 November 29, 2023 L-2023-176 10 CFR 73.5 Supplement to Point Beach Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule
Reference:
(1)
NextEra Energy Point Beach, LLC, letter L-2023-159 RE: Point Beach Nuclear Plant, Units 1 and 2; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A265)
In Reference 1, NextEra Energy Point Beach, LLC (NextEra), requested an exemption from the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule (hereto referred to as the 'final rule'), as specified in the Federal Register [88 FR 15864], for Point Beach Nuclear Plant, Units 1 and 2 (Point Beach). The proposed exemption would relieve compliance with the final rule at Point Beach until December 31, 2024, or 180 days following publication of the Regulatory Guides (RGs) described in Federal Register 88 FR 15864, whichever is later.
During a November 20, 2023, clarification call with the Nuclear Regulatory Commission (NRC), NextEra agreed to supplement the exemption request (Reference 1) with additional, clarifying information. The enclosure to this letter provides the supplemental information.
Further, in lieu of the approval date requested in the subject exemption request, NextEra requests approval on or before January 8, 2024, which is the date specified in Federal Register 88 FR 15864 for final rule compliance.
This letter contains no regulatory commitments.
Should you have any questions regarding this submission, please contact Mr. Kenneth Mack, Fleet Licensing Manager, at 561 - 904-3635.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on the 29th day of November 2023.
Sincerely, Dianne Strand General Manager, Regulatory Affairs Florida Power & Light Company, for NextEra Energy Point Beach, LLC
Enclosure:
Supplement to Point Beach Exemption Requests Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule Florida Power & Light Company 15340 Endeavor Dr. Jupiter, FL, 33478 Dianne Strand
L-2023-176 Page 2 of 2 cc:
USNRC Regional Administrator, Region III Project Manager, USNRC, Point Beach Nuclear Plant Resident Inspector, USNRC, Point Beach Nuclear Plant Public Service Commission of Wisconsin
L-2023-176 Enclosure Page 1 of 2 Supplement to Point Beach Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule In Reference 1, NextEra Energy Point Beach, LLC, (NextEra) requested an exemption from the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule (hereto referred to as the final rule), as specified in Federal Register [88 FR 15864], for Point Beach Nuclear Plant, Units 1 and 2 (Point Beach). The proposed exemption would relieve compliance with the final rule at Point Beach until December 31, 2024, or 180 days following publication of the Regulatory Guides (RGs) described in Federal Register 88 FR 15864, whichever is later.
In a November 20, 2023, clarification call with the NRC, NextEra agreed to supplement the subject exemption requests with additional, clarifying information, which is provided below.
Supplemental Information:
NextEra is requesting for Point Beach, an exemption from the specific requirements, as described below, associated with the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications final rule that would defer compliance with those provisions until December 31, 2024, or 180 days following publication of final RGs, whichever is later.
NextEra is not requesting for Point Beach, an extension to the compliance date for specific requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Subpart B, "Enhanced Weapons, Preemption, and Firearms Background Checks," described in:
10 CFR 73.15, "Authorization for Use of Enhanced Weapons and Preemption of Firearms Laws,"
and 10 CFR 73.17, "Firearms Background Checks for Armed Security Personnel.
NextEra is requesting for Point Beach, an exemption from specific requirements below until the later of December 31, 2024, or 180 days following publication of the final RGs:
10 CFR Part 73, Subpart T, Security Notifications, Reports, and Recordkeeping, 10 CFR 73.1200(a) through 10 CFR 73.1200(t), Notification of Physical Security Events, 10 CFR 73.1205(a)(1) through 10 CFR 73.1205(e), Written Follow-up Reports of Physical Security Events, 10 CFR 73.1210(a)(1) through 10 CFR 73.1210(h), Recordkeeping of Physical Security Events, 10 CFR 73.1215(a) through 10 CFR 73.1215(f), Suspicious Activity Reports.
NextEra is requesting for Point Beach, an exemption from using the definitions for the terms "Contraband," and "Time of Discovery" as recently revised in 10 CFR 73.2, "Definitions," until the later of December 31, 2024, or 180 days following publication of the final RGs. The exemption would not apply to the definitions of those terms that were in effect prior to the issuance of the 2023 revisions.
The Point Beach site security plan implements the requirements of 10 CFR 73.71, "Reporting of Safeguards Events" for reporting the suspension of security measures.
During the proposed period of exemption, NextEra will continue to comply with security event reporting previously required in 10 CFR 73.71, "Reporting of Safeguards Events," and Appendix G to Part 73, "Reportable Safeguards Events, at Point Beach.
L-2023-176 Enclosure Page 2 of 2 Supplement to Point Beach Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule During the proposed period of exemption, NextEra will continue to use the definitions for the terms "Contraband" and "Discovery (time of)" in the Point Beach site security plan consistent with how these terms are currently defined in Regulatory Guide 5.76, Revision 1, "Physical Protection Programs at Nuclear Power Reactors."
Reference:
(1)
Florida Power & Light letter L-2023-159 RE: Point Beach Nuclear Plant, Units 3 and 4; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A265)