NL-07-0010, Comment (3) Submitted by Southern Nuclear Operating Co., Jeffrey T. Gasser on Proposed Rules PR-2, 30, 40, 50, 52, 60, 63, 70, 71, 72, 73, 76 & 150 Regarding Protection of Safeguards Information

Comment (3) Submitted by Southern Nuclear Operating Co., Jeffrey T. Gasser on Proposed Rules PR-2, 30, 40, 50, 52, 60, 63, 70, 71, 72, 73, 76 & 150 Regarding Protection of Safeguards Information

ML070040076
Person / Time
Site:	Hatch, Vogtle, Farley
Issue date:	01/02/2007
From:	Gasser J Southern Nuclear Operating Co
To:	Document Control Desk, NRC/SECY/RAS
Ngbea E S
References
71FR64003 00003, NL-07-0010, PR-150, PR-2, PR-30, PR-40, PR-50, PR-60, PR-70, PR-71, PR-72, PR-73, PR-76, RIN 3150-AH57
Download: ML070040076 (3)

Text

JAN. 2.2007 6:06PM SNC NIJCL LICENSING NO. 074 P. 2/3 Jeffrey T. Gasser Southern Nuclear DOCKETED Executive Vice President Opweting Company, Inc. USNRC and Chief Nuclear Officer 40 Inverness Center Parkway Post Office Box 1295 January 3, 2007 (10:21am)

Birmingham, Alabama 35201 OFFICE OF SECRETARY Tel 205.992,7721 RULEMAKINGS AND Fax 205.992.6165 ADJUDICATIONS FF PR 2,30,40,50,60,70,71,72,71, 76 and 150 SOUTHERN (71 FR64003) COMPANY January 2, 2007 Exergy to Save Your World=

-Docket Nos.: 50-321 50-348 50-424 NL-07-0010 50-366 50-364 50-425 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D, C. 20555-0001 Joseph M. Farley Nuclear Plant Edwin I, Hatch Nuclear Plant Vogtle Electric Generating Plant Comments on Proposed Rule - Protection of Safeguards Information Ladies and Gentlemenm The NRC published a proposed rule in the Federal Register (71 FR64004), dated October 31, 2006, which would modify the requirements for control and protection of safeguards information (SGO). By letter dated January 2, 2007, the Nuclear Energy Institute (NBI) provided comments on the proposed changes to the regulations associated with control and protection of SGI, Southern Nuclear Operating Company (SNC) fully endorses NEI's comments on the proposed changes, In addition, SNC respoctfully submits the following additional comments.

1. The proposed paragraphs 73.22(h) and 73.23(h) include a requirement for a mandatory 10 year review of all documents marked as SGI or SGI-M for a decontrol deteimination. SNC concurs with the NEI comments concerning this requirement and add that this has no rational or safety basis. In fact such a requirement would consume both industry and NRC resources in a review that does not resplit in a commensurate increase in public health and safety. Licensees currently review SGI/SGI-M documents as they are being used for the potential to decontrol tbhse documents. This process has been proven to allow licensees to make the appropriate determinations and decontrol that information that no longer meets the criteria for SGL'SGI-M. Accordingly, this requirement should be removed frtm the proposed rule.

2. The proposed paragraphs 73.22(h) and 73.23(h) also state, "The authority to determine thatla document may be decontrolled shall be exercised only by the NRC or with NRC approval, or if possible, in consultation with the individual or organization tl~at made the original determination." This would put the NRC into the approval process for decontrol of documents originated and marked by other organizations.! The industry has been making determinations for control of SGI for many years including determinations to decontrol documents when the information nd, longer meets the criteria for SGL It is accepted that if the NRC FM 0 lOAfe SECY-,6 &

JAN. 2.2007 6:07PM SNC NUCL LICENSING NO. 074 P. 3/3 U. S. Nuclear Regulatory Commission NL-07-0010 Page 2 determines a document is SGI then they should be the only one who can make the decontrol determination. However, it is very impractical to have the NRC approve the d~control of other documents generated by other organizations.

Also, it is not~feasible to have the original individual within an organization be.

the only one tp make a decontrol determination. The industry has procedures and processes in place to make the dppropriate determinations with key individuals designated decontrol authority. Any of the key individuals should have the authority to ilake a determination on the document if it was originated witlin that organization.

Accordingly, the rule should be revised in both locations to state, "The authority to determine that a document may be decontrolled shall be exercised by the NRC, by the individual or organization that made the original determination, or by another indivkdual within the original organization authorized to make safeguards determinatiorns,"

Please advise if you noed additional information.

Sincerely, JTG/JGS/daj cc: Southern Nuclear Operating Company Mr. H. L. Summrn, Jr., Vice President - Plant Farley Mr, L. M. Stinsbn, Vice President - Plant Hatch Mr. D. E. Grissette, Vice President - Plant Vogtle Mr. J. R. Johns 4n, General Manager - Plant Farley Mr. D. R. Madison, General Manager - Plant Hatch Mr. T. E. Tynan, General Manager - Plant Vogtle RType: CFA04,054; CHAO2.004; CVC7000; LC# 14515 U. S. Nuclear Rlulatory Commission Dr, W. D. Trav~rs, Regional Administrator Ms. K. R. Cotton, NRR Project Manager - Farley Mr. R. E. Martin, NRR Project Manager - Hatch Mr. B. K. Singal, NRR Project Manager - Vogtle Mr. C. A. Patte son, Senior Resident Inspector - Farley Mr. D. S. Simp;ins, Senior Resident Inspector - Hatch Mr. G. J. McCoy, Senior Resident Inspector - Vogte

JAN. 2.2007 6:06PM SNC NUCL LICENSING NO.074 P.1/3 Southern Nuclear Operating Company SOUTHERNA 40 Inverness Center Parkway COMPANY P. 0. Box 1295 Birmingham, Alabama 35201 Energy to Serve Your World' SNC -Nudcear Licensing t

DATE: /- A? 07 ft Number of Pages Including Cover Sheet_____

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