ML25237A180
| ML25237A180 | |
| Person / Time | |
|---|---|
| Site: | 05000615, 99902056 |
| Issue date: | 09/02/2025 |
| From: | Marshall A NRC/NSIR/DPCP/RPPB |
| To: | US Dept of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA) |
| References | |
| 99902056 | |
| Download: ML25237A180 (1) | |
Text
Deputy Executive Assistant Director for Infrastructure Security Cybersecurity and Infrastructure Security Agency U.S. Department of Homeland Security 1310 North Courthouse Road Arlington, VA 22201
SUBJECT:
ACCEPTANCE FOR DOCKETING OF THE CLINCH RIVER NUCLEAR SITE CONSTRUCTION PERMIT APPLICATION SUBMITTED BY TENNESSEE VALLEY AUTHORITY AND REQUEST FOR THE DEPARTMENT OF HOMELAND SECURITY CONSULTATION To whom this may concern, By letters dated April 28, 2025 (Agencywide Document Access and Management System (ADAMS) Accession No. ML25118A209) and May 20, 2025 (ML25140A062), Tennessee Valley Authority (TVA) submitted a two-part construction permit (CP) application for a reactor facility pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Domestic Licensing of Production and Utilization Facilities, and Section 103 of the Atomic Energy Act of 1954, as amended. The facility, referred to as the Clinch River Nuclear (CRN) Site, Unit 1, would be built in Oak Ridge, Tennessee. On July 9, 2025 (ML25182A151), the U.S. Nuclear Regulatory Commission (NRC) accepted CRN CP application for docketing. The purpose of this letter is to inform you of the NRC staffs acceptance of this application, provide you with the necessary application materials, and request a consultation consistent with Section 657 of the Energy Policy Act of 2005 and the terms of the memorandum of understanding (MOU) between the Department of Homeland Security (DHS) and the NRC, dated December 19, 2011 (ML113550508).
Per the MOU, before issuing a license for a utilization facility, the NRC will request that DHS, through the Cybersecurity and Infrastructure Security Agency (CISA), review and provide to the NRC comments on the potential vulnerabilities of the location of the proposed facility to a terrorist attack. CISA should note that the TVA CP application provides siting information as required by the NRC regulations for the CRN Site but does not contain the sites security plans.
This information would typically be developed and provided by TVA to the NRC at a later date in support of an application for an operating license (OL). In its review of the CRN Site, Unit 1 CP application, the NRC staffs security review is limited to whether the site characteristics allow for the development of adequate security plans and a physical protection program and site protective strategy. A consultation review performed by CISA at this time will be used to inform the licensees development of these site security plans and NRCs review of the CRN Site, Unit 1 CP application.
September 2, 2025
DHS 2
By letter dated January 12, 2017 (ML17012A067), the NRC staff provided the then-Director of the Protective Security Coordination Division, Mr. Scott Breor, with a request for consultation regarding the Clinch River Early Site Permit (ESP). However, the NRC staff recommended DHS to defer the consultation to the combined operating license (COL) stage, because the COL application would provide more information than that provided in the ESP. In a letter dated February 8, 2017 (ML17041A009), Mr. Breor concurred with the NRC recommendation.
However, through advanced notification via email dated March 1, 2023, the NRC informed CISA that the applicant decided to not go directly to a COL but instead chose to apply for a separate CP and subsequent OL.
As stated in an email response dated May 16, 2022, to the CISA POC, the NRC takes the position that performing the required DHS consultation at the CP application review phase rather than the OL review phase provides an applicant with the greatest benefit to better understand any siting vulnerabilities that may exist from a terrorist attack. The applicant is then able to consider DHS comments in siting and construction discussions or decisions, and to inform development of the site security plans and procedures that would be implemented when construction is completed.
With the understanding of recent significant agency changes within CISA that negatively impacted staffing and resources, the NRC staff requests that CISA provide a written response to inform the NRC how it intends to proceed.
As discussed during the July 29, 2025, kick-off meeting on the CRN Site, Unit 1 CP application, we would appreciate a written response as soon as practicable.
Should you or your staff have any questions, I can be reached by phone at (301) 287-3677 or by email at Amanda.Marshall@nrc.gov.
Sincerely, Amanda Marshall, Chief Reactor Physical Protection Branch Division of Physical and Cyber Security Policy Office of Nuclear Security and Incident Response Project No./Docket No.: 99902056/05000615 cc: GovDelivery Signed by Marshall, Amanda on 09/02/25
Ltr ML25237A180 OFFICE NSIR/DPCP/RPPB NSIR/DPCP/RPPB NAME JPetrucelli AMarshall DATE Aug 25, 2025 Sep 2, 2025