ML24051A144

NRC Response to Turkey Point Appeal of Initial Disputed Item 05000250,251-2024-01

ML24051A144
Person / Time
Site:	Turkey Point
Issue date:	02/20/2024
From:	Tara Inverso Security Performance Evaluation Branch
To:	Lopez A Florida Power & Light Co
References
IR 2024001
Download: ML24051A144 (1)

Text

Antonio Lopez Site Security Manager Florida Power & Light Company 9760 SW 344th Street Florida City, FL 33035

SUBJECT:

RESPONSE TO YOUR APPEAL OF THE FORMAL DISAGREEMENT WITH ADVERSARY CHARACTERISTICS, ATTRIBUTES, OR TACTICS EMPLOYED OR PREPARED AS PART OF A U.S. NUCLEAR REGULATORY COMMISSION EVALUATED FORCE-ON-FORCE EXERCISE - DISPUTED ITEM 05000250,251/2024-01

Dear Antonio Lopez:

Thank you for your email dated February 20, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24051A199). The Division of Security Operations (DSO), received your appeal to the U.S. Nuclear Regulatory Commissions (NRC) initial response, dated February 16, 2024 (ADAMS ML24051A124), related to your Formal Disagreement with Adversary Characteristics, Attributes, or Tactics Employed or Prepared as Part of an NRC Force-on-Force Evaluated Exercise, in accordance with Addendum 4 of NRC Inspection Procedure 71130.03 Contingency Response - Force-on-Force Testing.

In your original email dated February 14, 2024 (ADAMS ML24046A050), you dispute a tactic, technique, or procedure (TTP) used as an attribute within Scenario 1 developed by the NRC force-on-force inspection team.

The NRC carefully reviewed your appeal to the initial decision, and concluded that the disputed TTP for Exercise 1 (i.e., NEI 09-05 traversal times) is approved for use within the NRC-evaluated scenario for the following reasons: (1) it is within the design basis threat, (2) it is supported by available data (i.e. NRC endorsed guidance), (3) it is within your ability to provide defense-in-depth, (4) it can be safely performed and controlled, and (5) it provides a credible and realistic challenge to your sites protective strategy.

The NRC force-on-force inspection team will continue to work with the exercise the development team on the parameters of the exercise to ensure that the licensee protective strategy is challenged within the scope of the inspection procedure. NEI 09-05 is the currently endorsed industry standard for evaluating this disputed item; the NRC has not been formally asked to review, analyze, and/or endorse a new standard. If NextEra would like to pursue a change to traverse times, NextEra would need to follow a formal NRC review/approval process and include a basis for any requests. The escalation process does not serve as a mechanism for review and approval of updated or new guidance.

February 20, 2024 A. Lopez 2 If you have questions on this matter, please feel free to contact me.

Sincerely, Tara Inverso, Director Division of Security Operations Office of Nuclear Security and Incident Response Docket Nos. 50-250 and 50-251 cc: M. Fencl, Fleet Security Director O. Hernandez, St. Lucie Security Manager Signed by Inverso, Tara on 02/20/24

Ltr ML24051A144 OFFICE NSIR/DSO/SPEB NSIR/DSO/SPEB NSIR/DSO

/ETB /ETA NAME JBerry JBJClark JC TInverso TI DATE Feb 20, 2024 Feb 20, 2024 Feb 20, 2024