ML24047A279
| ML24047A279 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar, Sequoyah, Browns Ferry  |
| Issue date: | 02/15/2024 |
| From: | Kimberly Green Plant Licensing Branch II |
| To: | Thompson R Tennessee Valley Authority |
| Green K | |
| References | |
| EPID L-2023-LLE-0024 | |
| Download: ML24047A279 (1) | |
Text
From: Kimberly Green Sent: Thursday, February 15, 2024 7:28 AM To: Thompson, Russell R Cc: Eckermann, Jeremy Beau; Baron, Jesse Shawn; Hughes, Shawna Marie; Taylor, Andrew Charles; Wells, Russell Douglas
Subject:
Request for Additional Information Related to the Exemption Request for 10 CFR 37.11 for the Browns Ferry, Sequoyah, and Watts Bar Sites (EPID L-2023-LLE-0024)
Attachments: Final RAI.docx
Dear Mr. Thompson:
By letter dated September 28, 2023, (ML23271A063), Tennessee Valley Authority (TVA), requested an exemption from the requirement in 10 CFR 37.11(c)(2) to use a locked door or gate with monitored alarm at the access control point for Category 1 and 2 quantities of radioactive material for the storage facilities at Browns Ferry Nuclear Plant, Sequoyah Nuclear Plant, and Watts Bar Nuclear Plant, utilized for the Browns Ferry original steam dryers and the Sequoyah and Watts Bar old steam generators.
By email dated February 8, 2024, I transmitted a draft request for additional information (RAI) to you. TVA determined that a clarification call was not needed. Therefore, no changes have been made to the RAI as previously transmitted.
A response to the attached RAI is requested no later than 30 das 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 Green, Sr. Project Manager
Plant Licensing Branch II-2
Division of Operating Reactor Licensing
Office of Nuclear Reactor Regulation
1 REQUEST FOR ADDITIONAL INFORMATION
REQUEST FOR EXEMPTION FROM 10 CFR 37.11(c)(2)
BROWNS FERRY NUCLEAR PLANT, SEQUOYAH NUCLEAR PLANT, AND
WATTS BAR NUCLEAR PLANT
TENNESSEE VALLEY AUTHORITY
DOCKET NOS. 50-259, 50-260, 50-296, 50-327, 50-328, 50-390, 50-391,72-052, 72-034, AND 72-1048
Introduction
By letter dated, September 28, 2023 (ML23271A063), Tennessee Valley Authority (TVA) requested an exemption from the requirements in paragraph 37.11(c)(2) Title 10 of the Code of Federal Regulations (10 CFR) for Browns Ferry Nuclear Plant, Sequoyah Nuclear Plant, and Watts Bar Nuclear Plant.
TVAs exemption request stated that each site has identified, in writing, those large components, and robust structures that contain category 1 or category 2 quantities of radioactive material.
Each site has an NRC-approved physical security plan, as required by applicable provisions of 10 CFR Part 73, and a written 10 CFR Part 37 security plan that provides security measures adequate to detect, assess, and respond to actual or attempted theft or diversion. TVA has also stated that it has performed a written analysis for each site that considers the time needed to accomplish these activities given the proximity and mobility of the equipment available for the large components and robust structures supporting the Part 37 security plan.
The NRC staff is reviewing the submitted information and has determined that additional information is needed to complete its evaluation of the exemption request.
The requested information is needed to determine that the exemption request is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest as required by 10 CFR 37.11(a). The additional information is also needed to ensure that TVA is meeting the intent of 37.11(c)(2) by being able to detect unauthorized access to category 1 and 2 quantities of radioactive material as defined in Appendix A to 10 CFR Part 37. Finally, the information will provide assurance that the measures for the protection of large components containing category 1 or category 2 quantities of material stored in robust structures do not decrease the effectiveness of the 10 CFR Part 73 security plan.
Regulatory Basis
Part 37 of 10 CFR establishes the requirements for the physical protection program for any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material listed in Appendix A to Part 37.
The term aggregated is defined in 10 CFR 37.5 as, accessible by the breach of a single physical barrier that would allow access to radioactive material in any form, including any devices that contain the radioactive material, when the total activity equals or exceeds a category 2 quantity of radioactive material.
The provisions of 10 CFR 37.11(c) exempt a licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material from the requirements of Subparts B, C, and D of 10 CFR Part 37. However, any radioactive waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs.)
is not exempt from the requirements of this part. Accordingly, the licensee shall implement the following requirements to secure the radioactive waste:
(1) Use continuous physical barriers that allow access to the radioactive waste only through established access control points;
(2) Use a locked door or gate with monitored alarm at the access control point;
(3) Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred; and
(4) Immediately notify the LLEA [local law enforcement agency] and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.
As required by 73.55(d)(2)(ii), 73.55(i)(4)(ii)(B), and 73.55(k)(5)(iii), additional duties cannot be assigned to security personal that would interfere with the individuals ability to perform their duties in accordance with the security plans and the licensees protective strategy.
Enforcement Guidance Memorandum (EGM) 2014-001 (ML14056A151) provides guidance for dispositioning violations associated with 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, with respect to large components containing category 1 or category 2 quantities of radioactive material, or category 1 and category 2 quantities of radioactive material stored in robust structures at power reactor facilities licensed under 10 CFR Parts 50 and 52. The EGM defines a large component as an item weighing 2,000 kilograms or more, but not containing either discrete sources or ion exchange resins and limits the definition components such as steam generators and steam dryers. The EGM defines a robust structure as a closed concrete bunker or modular vault, for which access to the radioactive materials contained within the structure, is gained only through the use of heavy equipment to remove structural components or large access blocks that weigh 2,000 kilograms or more.
Request 1
For each site, provide the written analysis that was performed that considers the time needed to accomplish actual or attempted theft or diversion of category 1 or category 2 quantities of radioactive material given the proximity and mobility of the equipment available for those large components and robust structures identified by each licensee. Also, provide a written analysis documenting that the measures for the protection of large components or robust structures containing category 1 or category 2 quantities of material do not decrease the effectiveness of the 10 CFR Part 73 security plan.
Request 2
In Enclosure 1 to the exemption request, TVA states that the original steam dryers for Browns Ferry (Browns Ferry or BFN), Units 1, 2, and 3 are stored in the Low Level Radwaste Storage Facility (LLRWSF), and that that each LLRWSF storage module is closed by five precast concrete caps, weighing approximately 101,000 pounds each. The enclosure further states that removal of the caps is the only access point to the stored steam dryers. The Browns Ferry Updated Final Safety Analysis Report, section 9.3.4.2.1, describes the LLRWSF as comprising two modules, with Module 1 being used for low level radwaste (LLRW), including the original steam dryers, and Module 2 being used for storage of radioactive wastes (ML23335A067).
Section 12.2.17 states that the LLRWSF is designed to store LLRW resins or trash. It further states that each storage module shall have five individual compartments and each compartment shall be composed of five unit cells.
In Enclosure 1, TVA states that An exemption from 10 CFR 37.11(c)(2), [u]se a locked door or gate with monitored alarm at the access control point, is requested for the LLRWSF storage vaults utilized for the BFN original steam dryers.
- a. Clarify if TVA is requesting an exemption only for LLRWSF (i.e., Module 1) vaults where the original steam dryers are stored.
- b. Confirm that the only access point to the entire LLRWSF (i.e., Modules 1 and 2) is the removal of a concrete cap.