ML24045A100

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

ML24045A100
Person / Time
Site:	Sequoyah
Issue date:	02/13/2024
From:	Perry Buckberg NRC/NRR/DORL/LPL2-2
To:	Baron J Tennessee Valley Authority
Buckberg P
References
L-2023-LLE-0088
Download: ML24045A100 (6)

Text

From: Perry Buckberg Sent: Tuesday, February 13, 2024 4:18 PM To: Baron, Jesse Shawn Cc: Taylor, Andrew Charles; Kimberly Green

Subject:

Request for Additional Information Related to the Sequoyah Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088)

Attachments: RAI for Sequoyah Part 73 Exemption Request 13-2024 L-2023-LLE-0088.pdf; Record - Draft Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088).pdf

Jesse Baron,

By letter dated December 21, 2023, (ML23355A207), Tennessee Valley Authority (TVA),

requested an exemption for the Sequoyah Nuclear Plant, Units 1 and 2, 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 fo r additional information (RAI) to you and a record that draft RAI e-mail exchange is attached.

Also attached is the final RAI. TVA has agreed to respond to the attached final RAI within 30 days. 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 Perry Buckberg at (301) 415-1383 or via email at Perry.Buckberg@nrc.gov.

Thanks, Perry Buckberg Senior Project Manager / Agency 2.206 Petition Coordinator U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation office: (301)415-1383 perry.buckberg@nrc.gov Mail Stop O-8B1a, Washington, DC, 20555-0001

Hearing Identifier: NRR_DRMA Email Number: 2398

Mail Envelope Properties (PH0PR09MB76743655C800AD8B1315D4CE9A4F2)

Subject:

Request for Additional Information Related to the Sequoyah Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088)

Sent Date: 2/13/2024 4:17:50 PM Received Date: 2/13/2024 4:17:00 PM From: Perry Buckberg

Created By: Perry.Buckberg@nrc.gov

Recipients:

"Taylor, Andrew Charles" <actaylor@tva.gov>

Tracking Status: None "Kimberly Green" <Kimberly.Green@nrc.gov>

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

Tracking Status: None

Post Office: PH0PR09MB7674.namprd09.prod.outlook.com

Files Size Date & Time MESSAGE 1435 2/13/2024 4:17:00 PM RAI for Sequoyah Part 73 Exemption Request 13-2024 L-2023-LLE-0088.pdf 83930 Record - Draft Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088).pdf 337480

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

SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2

TENNESSEE VALLEY AUTHORITY

DOCKET NOS. 50-3 27, 50-3 28, AND 72-0 34

EPID L-2 023-L LE-0 088

Background:

By letter dated December 21, 2023, Tennes see Valley Authority (TVA) requested an exemption for the Sequoyah Nuclear Plant, Units 1 and 2, and the independent spent fuel storage installation (ML23355A207). In particular, TVA requested an exemption from the d efinitions for Contraband and Time of Discovery, until the implementation date of rulemaking to dis position the underlying technical issues for these definitions.

Technical Basis for Request: In the exemption request, TVA stated that the new definition for Time of Discov ery expands the pool of personnel previously used by licens ees to determine T=0 for an event, and that bec ause of this, TVA will be required to expand its current sec urity programs to inc orporate expanded and revis ed training modules for general plant employees and implementation of the expanded training across a broad spec trum of personnel at the station. TVA also ex pressed a desire to not hav e to train pers onnel twice -- once to c ome 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 prov ide 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 Discov ery was tied to a future rulemaking that may not include a change for this term.

Request: Provide additional justification for delay ing implementation of the definition for Time of Disc overy until the implementation date of a potential rule revising certain provisions in the current 10 CFR Part 73. Inc lude information regarding the expected time needed to revise the security programs, procedures, and training for pers onnel in order to support TVAs requested duration for the exemption. Additionally, explain why TVA c annot comply with the definition for Time of Discov ery until the 10 CFR Part 73 rule is rev ised. As an alternative, TVA may revise its exemption request relative to implementation date for the definition of Time of Discovery.

From: Baron, Jesse Shawn To: Perry Buckberg Cc: Taylor, Andrew Charles; Thompson, Russell R; Rymer, Stuart Loveridge; Kimberly Green; Asendorf, Patrick Joseph

Subject:

[External_Sender] RE: Draft (revised draft) Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088)

Date: Tuesday, February 13, 2024 3:39:58 PM Attachments: image001.png

Perry,

The subject draft RAI revision has been received and reviewed by TVA. There is no need for a clarification call and the RAI may be provided as final.

Thank you,

Jesse S. Baron, PE Program Manager Corporate Fleet Licensing

W.(423) 751-7243 M.(734) 645-7979 E. jsbaron@tva.gov 1101 E. Market Street LP-4S223 Chattanooga, TN 37402

NOTICE:This electronic message transmission contains information that may be TVA SENSITIVE, TVA RESTRICTED, or TVA CONFIDENTIAL. Any misuse or unauthorized disclosure can result in both civil and criminal penalties. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the content of this information is prohibited. If you have received this communication in error, please notify me immediately by email and delete the original message.

From: Perry Buckberg <Perry.Buckberg@nrc.gov>

Sent: Tuesday, February 13, 2024 1:41 PM To: Baron, Jesse Shawn <jsbaron@tva.gov>

Cc: Taylor, Andrew Charles <actaylor@tva.gov>; Thompson, Russell R <rrthompson@tva.gov>;

Kimberly Green <Kimberly.Green@nrc.gov>

Subject:

Draft (revised draft) Request for Additional Information Related to the Exemption Request for the 10 CFR Part 73 Enhanced Weapons Rule (EPID L-2023-LLE-0088)

This is an EXTERNAL EMAIL from outside TVA. THINK BEFORE you CLICK links or OPEN attachments. If suspicious, please click the Report Phishing button located on the Outlook Toolbar at the top of your screen.

Jesse,

By letter dated December 21, 2023, (ML23355A207), Tennessee Valley Authority (TVA),

requested an exemption for the Sequoyah Nuclear Plant, Units 1 and 2, 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 and, 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. Attached is a revised draft RAI. The additional sentence is in red text.

Please let me know if TVA needs a call to clarify the NRC staffs addition to the previously sent draft RAI.

Thanks, Perry Buckberg Senior Project Manager / Agency 2.206 Petition Coordinator U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation office: (301)415-1383 perry.buckberg@nrc.gov Mail StopO-8B1a, Washington, DC, 20555-0001

DRAFT

REQUEST FOR ADDITIONAL INFORMATION

REQUEST FOR EXEMPTION FROM ENHANCED WEAPONS, FIREARMS BACKGROUND

CHECKS, AND SECURITY EVENT NOTIFICATIONS

SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2

TENNESSEE VALLEY AUTHORITY

DOCKET NOS. 50-327, 50- 328, AND 72- 034

EPID L-2023-LLE-0088

Background:

By letter dated December 21, 2023, Tennessee Valley Authority (TVA) requested an exemption for the Sequoyah Nuclear Plant, Units 1 and 2, and the independent spent fuel storage installation (ML23355A207). In particular, TVA requested an exemption from 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.

DRAFT