ML24045A027

NRR E-mail Capture - Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule

ML24045A027
Person / Time
Site:	Browns Ferry
Issue date:	02/14/2024
From:	Kimberly Green Plant Licensing Branch II
To:	Eckermann J Tennessee Valley Authority
References
L-2023-LLE-0086
Download: ML24045A027 (3)

Text

From: Kimberly Green Sent: Wednesday, February 14, 2024 8:02 AM To: Eckermann, Jeremy Beau Cc: Thompson, Russell R; Rymer, Stuart Loveridge; Asendorf, Patrick Joseph; Baron, Jesse Shawn; Perry Buckberg

Subject:

Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0086)

Attachments: Final RAI for Part 73 Exemption Request - Browns Ferry.docx

Dear Mr. Eckermann:

By letter dated December 21, 2023, (ML23355A206), Tennessee Valley Authority (TVA),

requested an exemption for the Browns Ferry Nuclear Plant (Browns Ferry), Units 1, 2, and 3, and the independent spent fuel storage installation. TVA requested an exemption from using the definitions for Contraband and Time of Discovery, until the implementation date of rulemaking to disposition the underlying technical issues for these definitions.

By email dated February 1, 2024, I transmitted a draft request for additional information (RAI) to you. At TVAs request, a clarification call was held to discuss the draft RAI that was issued for Sequoyah Nuclear Plant (Sequoyah), Units 1 and 2, and the independent spent fuel storage installation. The draft RAI for Sequoyah is identical to the one sent for Browns Ferry. As a result of the clarification call, no changes to the RAI were identified.

After the call, the U.S Nuclear Regulatory Commission (NRC) staff determined that an additional sentence should be added to the request to make it clear that as an alternative to responding to the RAI, TVA may revise its exemption request. I transmitted a revised draft RAI to you by email dated February 13, 2024. TVA did not request a clarification call regarding this revision.

A response to the attached final RAI is requested within 30 days from the date of this email.

The NRC staff considers that timely responses to RAIs help ensure sufficient time is available for staff review and contribute toward the NRCs goal of efficient and effective use of staff resources. If circumstances result in the need to revise the requested response date, please contact me at (301) 415-1627 or via email at Kimberly.Green@nrc.gov.

Sincerely, Kimberly J. Green, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Hearing Identifier: NRR_DRMA Email Number: 2396

Mail Envelope Properties (MW4PR09MB9156E3B9694E41C318CF6D188F4E2)

Subject:

Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0086)

Sent Date: 2/14/2024 8:01:58 AM Received Date: 2/14/2024 8:01:00 AM From: Kimberly Green

Created By: Kimberly.Green@nrc.gov

Recipients:

"Thompson, Russell R" <rrthompson@tva.gov>

Tracking Status: None "Rymer, Stuart Loveridge" <slrymer@tva.gov>

Tracking Status: None "Asendorf, Patrick Joseph" <pjasendorf@tva.gov>

Tracking Status: None "Baron, Jesse Shawn" <jsbaron@tva.gov>

Tracking Status: None "Perry Buckberg" <Perry.Buckberg@nrc.gov>

Tracking Status: None "Eckermann, Jeremy Beau" <jbeckermann@tva.gov>

Tracking Status: None

Post Office: MW4PR09MB9156.namprd09.prod.outlook.com

Files Size Date & Time MESSAGE 1962 2/14/2024 8:01:00 AM Final RAI for Part 73 Exemption Request - Browns Ferry.docx 18970

Options Priority: Normal Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

REQUEST FOR ADDITIONAL INFORMATION

REQUEST FOR EXEMPTION FROM ENHANCED WEAPONS, FIREARMS BACKGROUND

CHECKS, AND SECURITY EVENT NOTIFICATIONS

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3

TENNESSEE VALLEY AUTHORITY

DOCKET NOS. 50-259, 50-260, 50-296, AND 72-052

EPID L-2023-LLE-0086

Background:

By letter dated December 21, 2023, Tennessee Valley Authority (TVA) requested an exemption for the Browns Ferry Nuclear Plant, Units 1, 2, and 3, and the independent spent fuel storage installation (ML23355A206). In particular, TVA requested an exemption from using the definitions for Contraband and Time of Discovery, until the implementation date of rulemaking to disposition the underlying technical issues for these definitions.

Technical Basis for Request: In the exemption request, TVA stated that the new definition for Time of Discovery expands the pool of personnel previously used by licensees to determine T=0 for an event, and that because of this, TVA will be required to expand its current security programs to incorporate expanded and revised training modules for general plant employees and implementation of the expanded training across a broad spectrum of personnel at the station. TVA also expressed a desire to not have to train personnel twice -- once to come into compliance with its own interpretation of the final rule (without the benefit of the additional guidance being developed by NRC), and again once the additional guidance is issued.

However, TVA did not provide an estimated timeframe for how long it would take to complete the revisions to its security programs and complete the training (e.g., 300 days after publication of final regulatory guidance). Additionally, the TVA exemption request for Time of Discovery was tied to a future rulemaking that may not include a change for this term.

Request: Provide additional justification for delaying implementation of the definition for Time of Discovery until the implementation date of a potential rule revising certain provisions in the current 10 CFR Part 73. Include information regarding the expected time needed to revise the security programs, procedures, and training for personnel in order to support TVAs requested duration for the exemption. Additionally, explain why TVA cannot comply with the definition for Time of Discovery until the 10 CFR Part 73 rule is revised. As an alternative, TVA may revise its exemption request relative to implementation date for the definition of Time of Discovery.