ML24036A248

Request for Additional Information from BWXT NOG-L Regarding Submittal for Security Exemption-Enterprise Project Identifier L-2023-SPR-0013

ML24036A248
Person / Time
Site:	BWX Technologies
Issue date:	02/08/2024
From:	James Downs NRC/NMSS/DFM/FFLB
To:	Spiva E BWXT
References
EPID L-2023-SPR-0013
Download: ML24036A248 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

February 8, 2024

E. Jay Spiva, Security Director BWXT Nuclear Operations Group, Inc.

P.O. Box 785 Lynchburg, VA 24505-0785

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION REGARDING SUBMITTAL FOR EXEMPTION FROM IMPLEMENTATION OF SECURITY EVENT NOTIFICATION AND SUSPICIOUS ACTIVITY REPORTING - ENTERPRISE PROJECT IDENTIFIER L-2023-SPR-0013

Dear E. Jay Spiva:

This is regarding the submittal from BWXT Nuclear Operations Group, Inc. - Lynchburg dated November 16, 2023 (Agencywide Documents Access and Management System [ADAMS]

Accession Number ML23325A038), that requested an exemption from certain security event notification and suspicious activity reporting implementation in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 73.5. The U.S. Nuclear Regulatory Commission (NRC) staffs review of the application has identified that additional information is needed before final action can be taken.

The additional information, specified in the enclosure, should be provided within 30 days from the date of this letter.

Pending your response, we now anticipate completing our review by April 19, 2024. This date could change depending on the findings of our technical review, urgent assignments, or other factors. We will promptly communicate any significant changes to this schedule.

In accordance with 10 CFR Part 2 of the NRCs Agency Rules of Practice and Procedure, a copy of this email will be available for public inspection in the NRC Public Document Room (PDR) or electronically from the Publicly Available Records System component of ADAMS.

ADAMS is accessible from the NRC website at http://www.nrc.gov/readingrm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737 between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.

E.J. Spiva 2 If you have any questions regarding this communication, please contact me at 301-415-7744 or by email at James.Downs@nrc.gov.

Sincerely, James R. Downs, P.E.

Senior Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 70-27 License No. SNM-42

Enclosure:

Request for Additional Information cc: bwxt@listmgr.nrc.gov Signed by Downs, James on 02/08/24

E.J. Spiva 3

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION REGARDING SUBMITTAL FOR EXEMPTION FROM IMPLEMENTATION OF SECURITY EVENT NOTIFICATION AND SUSPICIOUS ACTIVITY REPORTING - ENTERPRISE PROJECT IDENTIFIER L-2023-SPR-0013 DOCUMENT DATE:

DISTRIBUTION:

DFM r/f JCuadrado, NSIR/DPCP VWilliams, NSIR/DPCP JWillis, NSIR/DPCP OSiurano, NMSS/DFM ADAMS Accession Number: ML24036A248 OFFICENMSS/DFM/

FFLB/PMNMSS/DFM/

FFLB/LANMSS/DFM/

FFLB/BCNMSS/DFM/

FFLB/PM NAME JDowns JGoodridge SLav JDowns DATE 02/07/2024 02/08/2024 02/08/2024 02/08/2024 OFFICIAL RECORD COPYFebruary 8, 2024 BWXT Nuclear Operations Group, Inc.

Lynchburg, VA Docket Number 70-27 License Number SNM-42

Request for Additional Information (RAI)

By letter dated November 16, 2023 (Agencywide Documents Access and Management System Accession Number ML23325A038), BWXT Nuclear Operations Group, Inc. - Lynchburg (BWXT NOG-L) requested an exemption from security event notification and suspicious activity reporting implementation in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 73.5. BWXT NOG-L requested an exemption from the specific requirements in 10 CFR Part 73, Subpart T, and certain definitions in 10 CFR 73.2. The final rule for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, published on March 13, 2023, requires BWXT NOG-L to begin compliance with these provisions on January 8, 2024. In its submittal, BWXT NOG-L requested that the date for compliance with these requirements be extended until December 31, 2024, or 180 days after publication of final Regulatory Guides by the U.S. Nuclear Regulatory Commission (NRC), whichever is later.

The following RAIs (RAI-1 through RAI-3) are necessary to facilitate the NRC staffs review.

RAI-1

In the submitted exemption request, BWXT NOG-L stated that the site will continue to comply with security event reporting, as previously required in 10 CFR 73, Appendix G, Reportable Safeguards Events. Confirm whether BWXT NOG-L will continue to comply with the requirements of 10 CFR 73.71, Reporting of Safeguards Events, and 10 CFR 73, Appendix G that were required prior to March 2023, for the duration of the requested exemption term.

RAI-2

In its exemption request, BWXT NOG-L states that the site currently complies with the definition for Time of Discovery provided in NRC-endorsed document NEI 03-12, Template for the Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, [and Independent Spent Fuel Storage Installation Security Program], and Regulatory Guide 5.62, Revision 1.

However, NRC staff could not find a definition for the term Time of Discovery either in NRC Regulatory Guide 5.62, or in the referenced NEI 03-12 document. In addition, staff could not find a definition for this term in the BWXT NOG-L site security plan. NEI 03-12, Revision 7 (ML11301A066), contains the term Discovery (time of). Confirm whether BWXT NOG-L currently complies with the definition of Discovery (time of) from NEI 03-12, for implementing the site security plan, and that it will continue to comply with it for the duration of the requested exemption term. Alternatively, a definition for Time of Discovery could be proposed for implementing the site security plan for the duration of the requested exemption term.

RAI-3

Prior to the effective date of April 13, 2023, licensees voluntarily reported suspicious activity to the NRC and other federal agencies. Confirm whether BWXT NOG-L will continue to be capable of voluntarily reporting suspicious activity to the NRC and other federal agencies for the duration of the requested exemption term.

Enclosure