NG-23-0010, Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule
| ML23340A144 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 12/06/2023 |
| From: | Strand D NextEra Energy Duane Arnold |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| NG-23-0010 | |
| Download: ML23340A144 (1) | |
Text
NEXTera ENERGY~
~
ARNOLD U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 RE:
Duane Arnold Energy Center Docket Nos. 50-331 and 72-32 Renewed Facility Operating License No. DPR-49 December 6, 2023 NG-23-0010 10 CFR 73.5 Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule
Reference:
(1)
NextEra Energy Duane Arnold, LLC, letter NG-23-0009 RE: Duane Arnold Station; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A263)
In Reference 1, NextEra Energy Duane Arnold, 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 Duane Arnold Station, Unit 1 (Duane Arnold). The proposed exemption would relieve compliance with the final rule at Duane Arnold 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 30, 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 6th day of December 2023.
Sincerely, o~ ~
Dianne Strand General Manager, Regulatory Affairs Florida Power & Light Company, for NextEra Energy Duane Arnold, LLC
Enclosure:
Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule Florida Power & Light Company.
15340 Endeavor Dr. Jupiter, FL, 33478
NG-23-0010 Page 2 of 2 cc:
Regional Administrator, USNRC, Region Ill Project Manager, USNRC, Duane Arnold Energy Center Inspector, USNRC, Duane Arnold Energy Center P. Riesberg (State of Iowa)
NG-23-0010 Enclosure Page 1 of 2 Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule In Reference 1, NextEra Energy Duane Arnold, 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 Duane Arnold Station, Unit 1 (Duane Arnold). The proposed exemption would relieve compliance with the final rule at Duane Arnold 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 30, 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 Duane Arnold, 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 Duane Arnold, 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 Duane Arnold, 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 Duane Arnold, 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.
During the proposed period of exemption, NextEra will continue to comply with 10 CFR 73.55(h),
Search programs as outlined in the current Duane Arnold Physical Security Plan. (ADAMS Accession No. ML22059A746)
The Duane Arnold 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
NG-23-0010 Enclosure Page 2 of 2 Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule previously required in 10 CFR 73.71, "Reporting of Safeguards Events," and Appendix G to Part 73, "Reportable Safeguards Events, at Duane Arnold.
During the proposed period of exemption, NextEra will continue to use the definitions for the terms "Contraband" and "Discovery (time of)" in the Duane Arnold 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."
In addition, NextEra offers the following clarifying information regarding the Considerations for Exemption discussed in the Duane Arnold exemption request.
In Reference 1, NextEra stated that it is in full compliance with the new Fitness for Duty (FFD) rule promulgated in 2022. In fact, NextEra is in full compliance with the committed-to aspects of 10 CFR 26 as outlined in the current Duane Arnold Physical Security Plan (ADAMS Accession No. ML22059A746)
In Reference 1, NextEra cited as examples of rework resulting from implementation of the final rule and current regulatory guidance, the impact to station outage schedules and Operations training. In fact, neither apply to the Duane Arnold facility.
The above clarifying information does not alter the conclusion in Reference 1 that the proposed exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest.
Reference:
(1)
NextEra Energy Duane Arnold, LLC, letter NG-23-0009 RE: Duane Arnold Station; Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule, November 16, 2023 (ADAMS Accession No. ML23320A263)