NLS2008022, Response to Order for Implementation of Additional Security Measures for Cooper Nuclear Station Independent Spent Fuel Storage Installation (EA-07-195)
| ML080520264 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 02/19/2008 |
| From: | Minahan S Nebraska Public Power District (NPPD) |
| To: | Document Control Desk, NRC/NMSS/SFST |
| References | |
| 2.202, EA-07-195, NLS2008022 | |
| Download: ML080520264 (8) | |
Text
Nebraska Public Power District Always there when you need us 2.202 NLS2008022 February 19, 2008 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Director, Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Washington; DC 20555-0001
Subject:
Response to Order for Implementation of Additional Security Measures for Cooper Nuclear Station Independent Spent Fuel Storage Installation (EA-07-195)
Cooper Nuclear Station ISFSI, Docket No.. 72-66 Cooper Nuclear Station, Docket No. 50-298, DPR-46
References:
- 1. Letter from Michael F. Weber, U.S. Nuclear Regulatory Commission, to Stewart B. Minahan, Nebraska Public Power District, dated January 28, 2008, "Issuance of Order for Implementation of Additional Security Measures and Fingerprinting for Unescorted Access for Certain Spent Fuel Storage Licensees - Cooper Power Station Independent Spent Fuel Storage Installation"
- 2. Letter from Stewart B. Minahan, Nebraska Public Power District, to the Secretary, Office of the Secretary of the Commission, dated February 19, 2008, "Answer to Order for Implementation of Additional Security Measures for Cooper Nuclear Station Independent Spent Fuel Storage Installation (EA-07-195), Cooper Nuclear Station ISFSI, Docket No. 72-66, Cooper Nuclear Station, Docket No. 50-298, DPR-46"
Dear Sir or Madam:
This letter provides the Nebraska Public Power District's (NPPD's) 20-day notification in response to Section III of the Nuclear Regulatory Commission's (NRC's) January 28, 2008, Order (Reference 1) modifying the general license for storage of spent fuel in an Independent Spent Fuel Storage Installation (ISFSI) issued by the NRC under 10 CFR 72.2 10. NPPD's Answer to the Order, as required by Section IV of the Order and 10 CFR 2.202(b), has been provided in a separate letter (Reference 2).
The referenced Order (Order) requires that NPPD begin implementation of actions immediately to address the additional ISFSI security requirements described in Attachments 1 and 2 to the Order. The Order requires further that NPPD complete implementation of these requirements within 180 days from the date of the Order, with one exception, which COOPER NUCLEAR STATION P.O. Box 98 / Brownville, NE 68321-0098 Telephone: (402) 825-3811 / Fax: (402) 825-5211 www.nppd.com
NLS2008022 Page 2 of 3 has an implementation date of 365 days from the date of the Order. The Order also specifies requirements to notify the Commission within 20 days if:
(1) NPPD is unable to comply with any of the requirements described in Attachments I and 2 of the Order; (2) Compliance with any of the requirements is unnecessary, in its specific circumstances; or (3) Implementation of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license.
The Order also requires that NPPD submit a schedule for achieving compliance with each requirement within 20 days of the date of the Order, and to notify the NRC when full compliance has been achieved.
NPPD is currently in the design, site preparation, and construction phase for its planned ISFSI, with an initial fuel load currently scheduled for April, 2009. Thus, while NPPD will implement the specified requirements, NPPD cannot complete these actions within the 180-day timeframe specified in the Order. However, NPPD will complete the actions specified in the Order (as modified in the Attachment to this letter) prior to initial loading of fuel in the CNS ISFSI. of this letter provides a restatement of the requirements identified in the Order, and provides NPPD's specific response to each element. Neither this letter nor its attachment contains any safeguards information.
If you have any questions regarding this issue please call Jerry Bebb, Security Manager, at (402) 825-5244.
Sincerely, tewart B. Minahan Vice President - Nuclear and Chief Nuclear Officer
/mjb Attachment cc: Regional Administrator w/ attachment USNRC - Region IV Cooper Project Manager w/ attachment USNRC - NRR Project Directorate IV-1
NLS2008022 Page 3 of 3 Senior Resident Inspector w/ attachment USNRC - CNS CNS Records w/ attachment NPG Distribution w/o attachment
NLS2008022 Attachment Page 1 of 4 Response to NRC Order for Implementation of Additional Security Measures and Fingerprinting for Unescorted Access for Certain Spent Fuel Storage Licensees Cooper Power Station Independent Spent Fuel Storage Installation I. INTRODUCTION This attachment provides Nebraska Public Power District's (NPPD's) response to the Nuclear Regulatory Commission's (NRC's) January 28, 2008, Order (Order) modifying the general license for storage of spent fuel in an Independent Spent Fuel Storage Installation (ISFSI) issued by the NRC under 10 CFR 72.210. The Order imposed additional physical security measures and access authorization requirements associated with the physical security of the planned CNS ISFSI.
NPPD is currently in the design, site preparation, and construction phase for its planned ISFSI, with an initial fuel load currently scheduled for April, 2009. Therefore, while the Order specifies that NPPD begin immediately to implement the requirements described within the Order and complete implementation of these requirements within 180 days, it is not feasible to meet this schedule as the CNS ISFSI is not yet constructed.
The following section provides a restatement of each requirement in the Order and provides NPPD's response to each requirement.
II. NPPD RESPONSE TO NRC ORDER Section III.A "The licensee shall comply with the requirements describedin Attachments 1 and 2 to this Order, except to the extent that a more stringentrequirement is set forth in the licensee's security plan. The licensee shall immediately start implementation of the requirements in Attachments ] and 2 to the Order and shall complete implementation no later than 180 days from the date of this Order, with the exception of the ASMB.4 of Attachment ] ["Additional Security Measures (ASMs) for Physical Protection ofDry Independent Spent Fuel Storage Installations (ISFSIs)"7, which shall be implemented no later than 365 days from the date of this Order. In any event the licensee shall complete implementation of all ASMs before the first day that spentfuel is initially placed in the ISFSI. "
NPPD Response NPPD is currently in the site preparation, design and construction phase for the CNS ISFSI, with a planned initial fuel loading date of April, 2009. Accordingly, NPPD is currently in the development phase for all categories of the requirements identified in Attachments 1 and 2 to the Order. These include finalizing the strategies and completing the designs associated with the security system physical attributes, assessing and
NLS2008022 Attachment Page 2 of 4 identifying the security force requirements, and developing procedure revisions or preparing new procedures to establish and control ISFSI security. NPPD will complete implementation of these requirements prior to initial fuel loading of the CNS ISFSI.
Attachment 2 to the Order, "Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations," identifies, in ASM A.2:
"2. Licensees whose ISFSI is collocated with a power reactormay choose to comply with the NRC-approved reactoraccess authorizationprogramfor the associated reactoras an alternative means to satisfy the provisions of sections B through G below. Otherwise, licensees shall comply with the access authorizationand fingerprintingrequirements of sections B through G of these ASMs."
Additionally, ASM A.3 of Attachment 2 to the Order states:
"3. Licensees shall clearly distinguish in their 20-day response which method they intend to use to comply with these ASMs."
NPPD intends to use the existing CNS access authorization program to comply with the requirements in Attachment 2 to the Order. Therefore, ASMs B through G of Attachment 2 to the Order will not apply to the CNS ISFSI.
Section III.B.1 "The licensee shall, within twenty (20) days of the date of this Order, notify the Commission:
(1) if they are unable to comply with any of the requirements described in Attachments 1 and 2; (2) if compliance with any of the requirements is unnecessary, in its specific circumstances; or (3) if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license. The notification shallprovide the licensee'sjustificationfor seeking relieffrom, or variationof any specific requirement."
NPPD Response (1) NPPD has not identified any requirement in Attachments 1 and 2 to the Order with which it cannot comply.
(2) NPPD has identified two requirements that are unnecessary for the CNS ISFSI.
These are:
a)Section III.A of the Order specifies that ASM B.4 of Attachment 1 to the Order shall be implemented no later than 365 days from the date of the Order. Section B of Attachment 1 to the Order applies to ISFSIs that are not collocated with an operating power reactor facility. As the CNS ISFSI will be located within the
NLS2008022 Attachment Page 3 of 4 protected area of the CNS facility, ASM B.4 of Attachment 1 of the Order does not apply to the CNS ISFSI.
For an ISFSI located inside an operating power facility protected area, ASMs D.1, D.2, and D.3 of Attachment I to the Order apply. ASM D.3 is the requirement for ISFSIs located inside an operating facility's protected area that corresponds with ASM B.4 discussed in Section III.A of the Order. NPPD will comply with ASM D.3 prior to initial fuel loading of the CNS ISFSI.
b) As the CNS ISFSI will be located within the operating facility protected area, no transfer operations will occur outside the protected area. Therefore, ASM D.2.b does not apply to the CNS ISFSI.
(3) NPPD has not identified any cases where implementation of the requirements specified in the Order would result in a violation of NRC regulations or the CNS facility operating license.
Section III.B.2 "If the licensee considers that implementation of any of the requirements described in Attachments 1 and 2 to this Orderwould adversely impact the safe storage ofspent fuel, the licensee must notify the Commission, within twenty (20) days of this Order, of the adverse safety impact, the basisfor its determination that the requirement has an adverse safety impact, and either a proposalfor achieving the same objectives specified in Attachments 1 and 2 requirements in question, or a schedulefor modifying the facility, to address the adverse safety condition. If neitherapproach is appropriate,the licensee must supplement its response, to Condition B.] of this Order, to identify the condition as a requirement with which it cannot comply, with attendantjustifications,as required under Condition B. 1."
NPPD Response NPPD has not identified any cases where implementation of any of the requirements described in Attachments 1 and 2 of the Order would adversely impact the safe storage of spent fuel.
Section III.C.1 The licensee shall, within twenty (20) days of this Order, submit to the Commission, a schedule for achieving compliance with each requirement describedin Attachments ]
and 2.
NPPD Response As discussed above, the CNS ISFSI is currently in its design and construction phase, with initial fuel loading currently planned for April, 2009. NPPD will complete implementation of and achieve compliance with the requirements described in
NLS2008022 Attachment Page 4 of 4 Attachments 1 and 2 to the Order prior to initial fuel loading, currently planned for April, 2009.
Section III.C.2 "The licensee shall report to the Commission when it has achieved.full compliance with the requirements described in Attachments 1 and 2."
NPPD Response As required by the NRC general license issued by the NRC under 10 CFR 72.210, as modified by the Commission's Order, NPPD will notify the Commission when it has achieved full compliance with the requirements described in Attachments 1 and 2 to the Order, as qualified by the response to Section III.B. 1 of the Order above.
Section III.D "All measures implemented or actions taken in response to this Ordershall be maintaineduntil the Commission determines otherwise.
NPPD Response Following implementation of measures to meet the requirements described in Attachments 1 and 2 to the Order, NPPD will maintain implementation of those measures as obligated under that Order.
ATTACHMENT 3 LIST OF REGULATORY COMMITMENTS@
(O)ATTACHMENT 3LIST OF REGULATORY COMMITMENTSO Correspondence Number: NLS2008022 The following table identifies those actions committed to by Nebraska Public Power District (NPPD) in this document. Any other actions discussed in the submittal represent intended or planned actions by NPPD. They are described for information only and are not regulatory commitments. Please notify the Licensing Manager at Cooper Nuclear Station of any questions regarding this document or any associated regulatory commitments.
COMMITMENT COMMITTED DATE COMMITMENT NUMBER OR OUTAGE None i i-4-
i i-4-
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