NL-04-1745, Vogtle Electric Generating Plant, Supplemental Response to the April 29. 2003 Orders

Vogtle Electric Generating Plant, Supplemental Response to the April 29. 2003 Orders

ML042590524
Person / Time
Site:	Vogtle, Farley
Issue date:	09/13/2004
From:	Gasser J Southern Nuclear Operating Co
To:	Dyer J Office of Nuclear Material Safety and Safeguards
References
NL-04-1745
Download: ML042590524 (2)

Text

i Jeffrey T.Gasser Southern Nuclear SAFEGUARDS INFORMATION Executive Vice President Operating Company, Inc. (THIS PAGE IS DECONTROLLED IF and Chiel Nuclear Officer 40 Inverness Center Parkway DETACHED FROM SGI PAGES IN Post Office Box 1295 Birmingham. Alabama 35201 ENCLOSURES)

Tel 205.992.7721 Fax 205.992.6165 SOUTHERN M=

COMPANY September 13, 2004 Enogy to Ster e 1our Workr Docket Nos.: 50-348 50-424 NL-04-1745 50-364 50-425 Mr. James E. Dyer Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Joseph M. Farley Nuclear Plant Vogtle Electric Generating Plant Supplemental Response to the April 29. 2003 Orders

Dear Mr. Dyer:

The NRC issued an Order, dated April 29, 2003, Requiring Compliance with Revised Design Basis Threat ("Order EA-03-086" or "Order") and other security related Orders (collectively "Orders") for the Joseph M. Farley Nuclear Plant (FNP) and the Vogtle Electric Generating Plant (VEGP).

Order EA-03-086 imposed license conditions on nuclear power plants licensed pursuant to the Atomic Energy Act of 1954 and Title 10 of the Code of Federal Regulations.Section III.A of the Order required licensees to revise their physical security plans and safeguards contingency plans to provide protection against the revised design basis threat (DBT) set forth in Attachment 2 to the Order.Section III.A also required licensees to revise their security force training and qualification plan to implement the revised DBT. These revised plans, along with an implementation schedule, were required to be submitted to the Commission for review and approval no later than April 29, 2004.

In accordance with the Order and 10 CFR 50.4, Southern Nuclear Operating Company (SNC) submitted a Supplemental Response for the above-mentioned licensed facility on April 27, 2004.

Our activities to implement the new SNC Security Plan at all of our facilities were scheduled to be completed by October 29, 2004 to support the requirements of the Order. Due to extenuating circumstances that are described in the attachments, SNC has now determined that it cannot complete the implementation of all of the details in the SNC Security Plan by October 29, 2004; however, other actions will be in place to ensure that the Order requirements are met by October 29, 2004, while we continue to complete all the'activities as submitted in the new plan.

SAFEGUARDS INFORMATION (THIS PAGE IS DECONTROLLED IF DETACHED FROM SGI PAGES IN ENCLOSURES)

SAFEGUARDS INFORMATION (THIS PAGE IS DECONTROLLED IF DETACHED FROM SGI PAGES IN ENCLOSURES)

U. S. Nuclear Regulatory Commission NL-04-1 745 Page 2 Enclosure 1 includes a detailed explanation of the portions of the SNC Security Plan that FNP will not have completed on October 29, 2004. Enclosure 2 includes a detailed explanation of the portions of the SNC Security Plan that VEGP will not have completed on October 29, 2004.

Due to the nature of the issues at VEGP, Enclosure 2 also includes the manner in which SNC had intended to meet that requirement; the reasons why SNC cannot complete implementation by that date; as well as the steps that will be taken to meet the requirements of the Order until implementation is completed.

Because the Commission concluded that it would be appropriate to exercise enforcement discretion to accommodate any transitional issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of the Orders, SNC requests that enforcement discretion be exercised during the period from this request until the steps necessary to allow full implementation of the SNC Security Plan at FNP and VEGP, as submitted, are completed. At that time, the SNC Security Plan will be fully implemented and the exercise of enforcement discretion will no longer be necessary.

In accordance with 10 CFR § 2.202(b), the following affirmation is provided:

Mr. Jeffrey T. Gasser states he is Executive Vice President of Southern Nuclear Operating Company, is authorized to execute this oath on behalf of Southern Nuclear Operating Company and to the best of his knowledge and belief, the facts set forth in this letter are true.

Respectfully submitted, SOUTH RN NUCLEAR OPERATING COMPANY T.

Je y T. Gasser Sworn oandsubscribedbe ore me this /3liday of jxr26X- 2004.

\I rNOyARIY PEIBUC STATE OF ALABAMA AT LARGE MY COMMISSION EXPIRES: Nor 30,2006 My commission expires: bOEDTIRUNOTARY PUC JacER%7iTERS

Enclosures:

(SafeguardsInformation)

1) FNP - Actions Taken to Comply with Order EA-03-086 (SGI)

2) VEGP - Actions Taken to Comply with Order EA-03-086 (SGI)

JTG/JMG SAFEGUARDS INFORMATION (THIS PAGE IS DECONTROLLED IF DETACHED FROM SGI PAGES IN ENCLOSURES)