NL-14-077, Revised Response to Request for Information Regarding Entergys Application for Section 161A Preemption Authority at Indian Point Energy Center and License Amendment Request (TAC Nos. MF2603, 2604, and 2605)
| ML14219A326 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/24/2014 |
| From: | Ventosa J Entergy Nuclear Northeast |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation |
| References | |
| NL-14-077, TAC MF2603, TAC MF2604, TAC MF2605, TAC MF2621, TAC MF2622, TAC MF2623, TAC MF2624, TAC MF2625, TAC MF2662, TAC MF2663, TAC MF2664, TAC MF2702, TAC MF2809, TAC MF2810 | |
| Download: ML14219A326 (9) | |
Text
S'EnterWy Enter-av Nuclear Northeast Indian Point Energy Center 450 Broadway, GS13 P.O. Box 249 Buchanan, NY 10511-0249 Tel 914 254 6700 John A Ventosa Site Vice President NL-14-077 July 24, 2014 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk 11545 Rockville Pike, TWFN-2 F1 Rockville, MD 20852-2738
SUBJECT:
REFERENCES:
Revised Response to Request for Information Regarding Entergy's Application for Section 161A Preemption Authority at Indian Point Energy Center and License Amendment Request(TAC Nos. MF2603, 2604, and 2605)
Indian Point Unit Nos. 1, 2 and 3 Docket Nos. 50-03, 50-247, 50-286, and 72-51 License Nos. DPR-5, DPR-26 and DPR-64
- 1.
Entergy Letter, Supplement to Entergy's Application for Section 161A Preemption Authority at Indian Point Energy Center (NL-13-091),
Dated August 20, 2013
- 2.
NRC letter, Calvert Cliffs Nuclear Power Plant, Units 1 and 2, Diablo Canyon Nuclear Power Plant, Units 1 and 2, Indian Point Nuclear Generating Unit Nos. 1, 2, and 3, James A. FitzPatrick Nuclear Power Plant, Nine Mile Point Nuclear Power Plant, Units 1 and 2, R. E.
Ginna Nuclear Power Plant, and San Onofre Nuclear Generating Station, Unites 2 and 3 - Request for Additional Information Concerning Pre-Emption Authority (TAC Nos. MF2621, MF2622, MF2809, MF2810, MF2603, MF2604, MF2605, MF2702, MF2662, MF2663, MF2664, MF2624, MF2625, and MF2623, dated May 1, 2014
- 3.
Entergy Letter (NL-14-070) to NRC, Response to Request for Information for Preemption Authority Pursuant to Section 161A of the Atomic Energy Act and License Amendment Request (TAC No.
MF2603, 2604, and 2605), May 13, 2014 Dear Sir / Madam In Reference 1, Entergy Nuclear Operations, Inc. (Entergy) submitted an Application to the U.S.
Nuclear Regulatory Commission (NRC) for the Commission to exercise Section 161A preemption authority under 42 U.S.C. 2201 a to expressly permit the use by Entergy security personnel of the standard weapons described Reference 1 at the Indian Point Energy Center (IPEC). In reviewing the application, the NRC determined that additional information was required to complete processing the application (Reference 2). The NRC indicated that the
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Page 2 of 2 response provided in Reference 3 should be further augmented with additional details. This letter provides that additional information and revises the response in Reference 3.
There are no new commitments contained in this submittal. If you have any questions regarding this confirmation of receipt, please contact Mr. Robert Walpole, Manager, Regulatory Assurance at (914) 254-6710.
I declare under penalty of perjury that the foregoing is true and correct. Executed on July 24, 2014.
Respectfully, JAV/sp
Attachment:
Response to Request for Additional Information Regarding Preemption Authority cc:
Mr. Douglas Pickett, Senior Project Manager, NRC NRR DORL Mr. Stephen Giebel, Project Manager, NRC NRR FSME Mr. William M. Dean, Regional Administrator, NRC Region 1 NRC Resident Inspector Ms. Margaret E. Stambaugh, Security and Incident Response, NRR Mr. John B. Rhodes, President and CEO, NYSERDA Ms. Bridget Frymire, New York State Dept. of Public Service
ATTACHMENT TO NL-14-077 RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING PREEMPTION AUTHORITY ENTERGY NUCLEAR OPERATIONS, INC.
INDIAN POINT NUCLEAR GENERATING UNIT NOs. 1, 2 and 3 DOCKET NOs.50-003, 50-247 50-286, and 72-51
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 1 of 6 REQUEST FOR ADDITIONAL INFORMATION PRE-EMPTION AUTHORITY On June 5, 2013, the NRC issued Order EA-13-092 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13121A459) (the Order) designating certain NRC licensed facilities as eligible to request pre-emption authority. Attachment 3 of the Order contained requirements in support of conducting firearms background checks. Verification that these items are complete or will be completed prior to implementation of pre-emption authority, should it be granted, is required.
Question a Address whether the site training and qualification program has been revised, or is being revised, to provide each individual with instructions on identifying events or status that would disqualify the individual from possession or use of firearms and the continuing responsibility of each individual to promptly notify the licensee of the occurrence of any such event or status. If the training and qualification program is not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 2.3 states: "Security Management SHALL provide each individual with instructions on identifying events or status that would disqualify the individual from possession or use of firearms and the continuing responsibility of each individual to promptly notify the licensee, within 3 working days, of the occurrence of any such status or event".
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 2.4 states "Security Force Member's currently possessing the use of firearms for performance of their official duties are responsible to promptly report any potential disqualifying event to the licensee".
Question b Verify that either the security plan and/or associated security procedures currently require or shall require, for the purpose of assuring correct and complete information, that the licensee shall provide to each individual the contents of records obtained from the Federal Bureau of Investigation (FBI) before making any final adverse determination. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.1 states: "For the assurance of complete and accurate Information, IPEC Security SHALL provide to each SFM the contents of records obtained from the FBI PRIOR to making any final
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 2 of 6 adverse determinations. IF after reviewing the record, an individual believes that the information is incorrect or incomplete and wishes to change, correct, update or explain any matter in the record, the individual MAY initiate challenge procedures".
Question c Verify that either the security plan and/or associated security procedures currently require or shall require that confirmation of receipt by the individual of the contents of records obtained from the FBI must be maintained by the licensee for a period of 5 years from the date of the notification. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 8.1.2 states: "All contents of records obtained from the FBI must be maintained for a period of five (5) years from the date of the notification" Question d Verify that either the security plan and/or associated security procedures currently require or shall require the retention of a copy of all information submitted and received for firearms background checks for a minimum of 5 years after the information is superseded through periodic reinvestigation or the termination of an individual's access to firearms. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 8.1.1 states: "All submitted and received information of an individual's firearms background investigation SHALL be retained for a minimum of five (5) years after the information is superseded through periodic reinvestigations or the termination of an individual's access to firearms".
Question e Verify that either the security plan and/or associated security procedures currently require or shall require that as of 180 days after the effective date of Commission Order EA-1 3-092, which was December 22, 2013, the licensee shall not assign any individual to any armed duties unless the individual has completed a satisfactory firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 3 of 6
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 2.6 states: "180 days after the effective date of Commission Order EA-13-092, which was December 22, 2013, IPEC Security SHALL not assign any individual to any armed duties unless the individual has completed a satisfactory firearms background check".
Question f Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee remove from armed duties, without delay, any individual who has received a "denied" response from the FBI and that the licensee may return an individual to armed duties only after the individual receives a "proceed" response from the FBI, subsequent to receiving a "delayed" or "denied" response. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.3 states: "Security Shift Supervisor SHALL remove from armed duties, without delay, any SFM who has received a "denied (or) delayed" response from the FBI. The licensee MAY return a SFM to armed duty status only after the individual receives a "proceed" response from the FBI subsequent to receiving a "delayed" or "denied" response".
Question.q Verify that either the security plan and/or associated security procedures currently require or shall require that all personnel subject to a firearms background check be provided with instructions for appealing "delayed" or "denied" responses and that these instructions will continue to be provided to all personnel subject to a firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.3.1 states: "IPEC Security SHALL provide SFMs, with instruction on the appealing process for any "delayed" or "denied" response following a firearms background investigation. These instructions are made available to all SFMs subject to the firearms background checks".
Question h Verify that either the security plan and/or associated security procedures currently require or shall require all personnel subject to a firearms background check to notify the licensee's security management within three working days of the occurrence or existence of any disqualifying event or status. If the security plan and/or associated security procedures are not
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 4 of 6 being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 2.3 states: "Security Management SHALL provide each individual with instructions on identifying events or status that would disqualify the individual from possession or use of firearms and the continuing responsibility of each individual to promptly notify the licensee, within 3 working days, of the occurrence of any such status or event".
Question i Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee remove from armed duties, without delay, any individual for whom disqualifying information has become known or where a satisfactory firearms background check re-investigation has not been completed. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 5.1.5 states "Security Force Members (SFM) are immediately removed from armed duties WHEN disqualifying information has become known or where a satisfactory firearms background check re-investigation has not been completed".
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.4 states: "Security Shift Supervisor SHALL remove from armed duties, without delay, any SFM for whom disqualifying information has become known".
Question i Confirm that the removal from armed duties of any individual for whom disqualifying information has become known or where a satisfactory firearms background check re-investigation has not been completed, will be completed within the timeframe specified for reconstitution of the minimum security organization staffing levels described in the licensee's current NRC-approved security plans, or sooner if practicable. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.5 states: "Security Shift Supervisor SHALL remove from armed duties, without delay, any SFM without a satisfactory completed firearms background check or WHEN background check re-investigation has NOT been satisfactory completed".
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 5 of 6 Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.5.1 states: Satisfactory firearms background check re-investigation NOT completed, SHALL be completed within the timeframe specified for reconstitution of the minimum security organization staffing levels as described in the current IPEC security plan, or sooner if practicable" Question k Verify that either the security plan and/or associated security procedures currently require or shall require that all individuals who require access to firearms as part of their official duties complete a periodic firearms background check re-investigation at least once every 5 years, following the initial or most recent satisfactory firearms background check. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.1.1 states:
"SFMs requiring access to firearms as their official duties MUST complete a periodic firearms background check re-investigation at least once every five (5) years following the initial or most recent satisfactory firearms background check".
Question I Verify that either the security plan and/or associated security procedures currently require hall require that the licensee shall complete a "new" firearms background check or reinvestigation for all individuals who have had a break in employment of greater than 7 consecutive calendar days or who have transferred to the employment of the licensee or the licensee's contractor. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.1.2 states "SFMs requiring access to firearms as their official duties MUST complete a "new" firearms background check or reinvestigation following a break in employment of greater than seven (7) consecutive calendar days (1 week). Temporary active duty in the Military Reserves or National Guard is not considered to be a break in employment".
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.1.3 states: "SFMs requiring access to firearms as their official duties MUST complete a "new" firearms background check or reinvestigation that have transferred to the employment of the licensee or the licensee's contractor. A satisfactorily completed firearms background check performed by a previous employer or completed for employment within a State other than the State in which the individual will be performing armed duties, is not transferable".
NL-14-077 Docket Nos.50-003, 50-247, 50-286, and 72-51 Attachment Page 6 of 6 Question m Verify that either the security plan and/or associated security procedures currently require or shall require that the licensee will notify the NRC Headquarters Operations Center by telephone within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> after removing an individual from armed duties as a result of the discovery of any disqualifying status or event. If the security plan and/or associated security procedures are not being revised, provide an explanation why and/or identify the existing security plan or site procedure that contains the appropriate instructions.
Response
Security Implementing procedure 0-SE-022, revision 0, "Preemption Authority", section 6.2.6 states: "Security Manager SHALL notify the NRC Headquarters Operations Center by telephone within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> after removing an individual from armed duties as a result of the discovery of any disqualifying status or event".