RS-24-073, Alternative Schedule to Complete Decommissioning Beyond 60 Years of Permanent Cessation of Operations – Additional Information Supporting Request to Withhold Security-Related Information
| ML24213A313 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 07/31/2024 |
| From: | Humphrey M Constellation Energy Generation |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| References | |
| RS-24-073 | |
| Download: ML24213A313 (1) | |
Text
4300 Winfield Road Warrenville, IL 60555 630 657 2000 Office RS-24-073 July 31, 2024 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Dresden Nuclear Power Station, Unit 1 Facility Operating License No. DPR-2 NRC Docket No. 50-10
Subject:
Alternative Schedule to Complete Decommissioning Beyond 60 Years of Permanent Cessation of Operations - Additional Information Supporting Request to Withhold Security-Related Information
References:
- 1. Letter from M. D. Humphrey (Constellation Energy Generation, LLC) to U.S. NRC, "Request for Alternative Schedule to Complete Decommissioning Beyond 60 Years of Permanent Cessation of Operations," dated March 14, 2024
- 2. Letter from T. E. Hood (U.S. NRC) to M. D. Humphrey (Constellation Energy Generation, LLC), "Dresden Nuclear Power Station, Unit 1 - Request for Withholding Information from Public Disclosure Re: Alternative Schedule to Complete Decommissioning Beyond 60-Years of Permanent Cessation of Operations (EPID: L-2024-LLE-0012)," dated July 24, 2024
- 3. NRC Regulatory Issue Summary 2005-26, "Control of Sensitive Unclassified Nonsafeguards Information Related to Nuclear Power Reactors," dated November 7, 2005
- 4. SECY-04-0191, "Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure," dated October 19, 2004 In Reference 1, Constellation Energy Generation, LLC (CEG) requested an alternative from the decommissioning schedule requirements specified in 10 CFR 50.82(a)(3) to allow the completion of decommissioning for Dresden Nuclear Power Station (DNPS), Unit 1, beyond 60 years of permanent cessation of operations. The submittal requested that the information contained in Attachment 1 of Reference 1 be withheld from public disclosure in accordance with
July 31, 2024 U.S. Nuclear Regulatory Commission Page 2 10 CFR 2.390(d)(1) because it contained Sensitive Unclassified Non-Safeguards Information (SUNSI) documentation.
Reference 2 provides the results of the NRC's review of the request for withholding.
Specifically, the NRC denied CEG's request to withhold Attachment 1 of Reference 1 and stated that the subject document will be placed in the NRC's Public Document Room within 10 days unless CEG provides information to justify withholding the document in accordance with 10 CFR 2.390(c).
CEG has re-evaluated the information sought to be withheld that was previously provided in of Reference 1. CEG agrees that a substantial amount of the portion marked as Security-Related information is publicly available. As such, with the exception of Figure 1-1 (i.e., page 5 of 5), CEG is withdrawing the request to withhold Attachment 1 from public disclosure in its entirety. CEG continues to request that Figure 1-1 be withheld from public disclosure in accordance with 10 CFR 2.390(d)(1) because it contains SUNSI documentation.
Additional justification to support the request to withhold Figure 1-1 is provided below.
NRC Regulatory Issue Summary (RIS) 2005-26 (i.e., Reference 3) states:
Since the events of September 11, 2001, NRC has issued advisories and taken specific actions regarding the security of its licensed facilities. NRC has also assessed and revised its policies and practices for control of information so that information that could reasonably be expected to be useful to terrorists in planning or executing an attack against nuclear power plants or other NRC-licensed facilities will be withheld from public disclosure. The most recent and detailed guidance on the control of information related to operating nuclear power plants is provided in the Commission paper SECY-04-0191, "Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors From Public Disclosure," dated October 19, 2004, and the associated staff requirements memorandum dated November 9, 2004.
SECY-04-0191 (i.e., Reference 4) states:
NRC regulations at 10 CFR 2.390 provide a mechanism to withhold from public disclosure information related to the physical protection of nuclear power plants that does not meet the existing criteria for designation as SGI. This type of information was recognized before September 11, 2001, and, when submitted to the NRC by a licensee, was withheld from public disclosure and handled similarly to commercial or financial information as directed by the regulation. The NRC has expanded the application of this regulation to address sensitive unclassified (non-SGI) information previously made public but now withheld if the information could be useful to a potential adversary (e.g.,
detailed layout drawings and selected inspection reports). The staff expects that the volume of material withheld from public disclosure according to 10 CFR 2.390 will continue to increase as the process is explained to licensees and the NRC staff.
CEG's procedural guidance related to the control and classification of SUNSI is consistent with the guidance in SECY-04-0191. The procedure states "Classify any information that could reasonably be expected to be useful to a potential adversary that does not meet the requirements established for designating the information as SGI as SUNSI."
July 31, 2024 U.S. Nuclear Regulatory Commission Page 3 CEG is requesting that the information in Figure 1-1 (i.e., in Attachment 1 of Reference 1) be withheld from public disclosure because it contains information that could be useful to a potential adversary in planning or executing an attack. Specifically, the figure provides a detailed layout drawing of the DNPS site with the security Protected Area boundary clearly labeled. In addition, the DNPS layout drawing is annotated to identify the specific locations of equipment that would be used to respond to design basis and beyond design basis events, including Station Blackout (SBO) and Extended Loss of AC Power (ELAP), as well as an important underground pathway. The DNPS layout drawing also shows the specific location of equipment that would be used as part of the Diverse and Flexible Coping Strategies (FLEX) program. The designation of the security Protected Area boundary, coupled with the equipment building designation/locations and the underground pathway, results in the classification of the information as SUNSI.
There are no regulatory commitments contained in this letter. Should you have any questions concerning this letter, please contact Ken Nicely at Ken.Nicely@constellation.com.
Respectfully, Mark D. Humphrey Senior Manager - Licensing Constellation Energy Generation, LLC cc:
Regional Administrator - NRC Region III NRC Senior Resident Inspector - Dresden Nuclear Power Station, Units 2 and 3 NRC Decommissioning Project Manager - Dresden Nuclear Power Station, Unit 1 Illinois Emergency Management Agency - Division of Nuclear Safety
- Humphrey, Mark D.
Digitally signed by Humphrey, Mark D.
Date: 2024.07.31 14:42:20
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