NOC-AE-02001288, Answer to STP Nuclear Operating Company to Commission'S Order Modifying Licenses (Effective Immediately) and Request for Extension of Time

Answer to STP Nuclear Operating Company to Commission'S Order Modifying Licenses (Effective Immediately) and Request for Extension of Time

ML020810009
Person / Time
Site:	South Texas
Issue date:	03/18/2002
From:	Cottle W South Texas
To:	NRC/SECY/RAS
References
NOC-AE-02001288
Download: ML020810009 (6)

Text

Nuclear Operating Company South Tcxs Project ElectricGeneratingStation P.. Box 282 Wadsworth, Texas 77483 -'vv--

March 18, 2002 NOC-AE-02001288 10CFR 2.202 Secretary, Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555 South Texas Project Units 1 & 2 Docket Nos. STN 50-498, STN 50-499 Answer of STP Nuclear Operating Company to the Commission's Order Modifying Licenses (Effective Immediately) and Request for Extension of Time

Reference:

1. Letter, W. T. Cottle to U.S. Nuclear Regulatory Commission Document Control Desk, "Response to NRC Order Modifying Licenses (Effective Immediately) EA-02-026", March 18, 2002, NOC-AE-02001278 Pursuant to the Commission's Order Modifying Licenses (Effective Immediately) (the Order) dated February 25, 2002, STP Nuclear Operating Company (STPNOC) hereby submits its answer to the Order as required in Section IV of the Order. Additionally, STPNOC requests an extension of time to file a supplement to this answer and request a hearing as described further below. STPNOC's response to Conditions B.1, B.2 and C.1 of Section III of the Order (Reference 1) was submitted separately from this answer in accordance with 10 CFR 50.4 and the terms of the Order.

The Order states that STPNOC must implement "certain compensatory measures" set forth in Attachment 2 to the Order "to address the generalized high-level threat environment." Order, at 2. The Order also states that the "requirements will remain in effect pending notification from the Commission that a significant change in the threat environment occurs, or until the Commission determines that other changes are needed." Order, at 2. Accordingly, STPNOC has initiated implementation of the required compensatory measures as described in detail in Reference 1.

The Order also provides that the Licensee may request an extension of time in which to submit an answer or request a hearing, and that any such request must be made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the

NOC-AE-02001288 Page 2 of 5 extension. Accordingly, the request for extension herein is directed specifically to the Director, Office of Nuclear Reactor Regulation.

Licensee's Answer to the Order Both NRC regulations and the Order provide that, absent consent to the Order, this answer shall specifically include "the matters of fact and law on which the Licensee

... relies and the reasons as to why the Order should not have been issued." Order, at p.6; see also 10 C.F.R. § 2.202(b). In the Order, the NRC cites the terrorist attacks of September 11, 2001, and a review of intelligence information, as contributing to a generalized high-level threat environment. The NRC states that the interim requirements are being imposed in order to address this threat environment. The Order, however, does not detail the relevant intelligence information and does not explain the rationale for imposing the specific interim requirements. Although STPNOC admits the factual assertions that are the specific basis for the requirements more fully set forth in Attachment 2 to the Order and specifically stated in the Order, it is unable to admit or deny the factual basis and circumstances that are not specifically stated in the Order. As described below, various analyses are pending. Only after these analyses are completed, any changes or additions to the identified compensatory measures determined and schedules set, will STPNOC be able to determine whether to consent to entry of the Order.

Request for Extension of Time to Submit a Supplemental Answer and Request a Hearinq Section IV of the Order states that a request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Reactor Regulation, and include a statement of good cause for the extension. STPNOC requests an extension of time to supplement this answer and to request a hearing for the following reason:

STPNOC's response to Condition B.1 of the Order identifies requirements (1) with which compliance is unnecessary in the specific circumstances; (2) which require extensive evaluations to determine the ability of STPNOC to comply; and (3) for which STPNOC identifies alternatives to meet the objectives of the Order.

Until the pending analyses are completed, any changes or additions to the identified compensatory measures determined and schedules set, STPNOC cannot determine whether it is necessary to request a hearing.

Accordingly, STPNOC requests an extension of time to file a supplement to this answer and request a hearing until twenty (20) days after the pending analyses are completed,

NOC-AE-02001288 Page 3 of 5 any changes or additions to the identified compensatory measures determined and schedules set.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on : March 18, 2002 W. T. Cottle President and Chief Executive Officer

NOC-AE-02001288 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that copies of ANSWER OF STP NUCLEAR OPERATING COMPANY TO THE COMMISSION'S ORDER MODIFYING LICENSES (EFFECTIVE listed IMMEDIATELY) were served on this 18th day of March, 2002, upon the persons below, via first class mail or overnight delivery service as indicated.

(overnight delivery)

Secretary, Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555 (overnight delivery)

Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (overnight delivery)

Assistant General Counsel for Materials Litigation and Enforcement Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 (overnight delivery)

U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555-0001 (First class mail)

Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 I declare under penalty of perjury that the foregoing is true and correct.

M'ark McBurnett Manager Quality & Licensing

NOC-AE-02001288 Page 5 of 5 cc:

U. S. Nuclear Regulatory Commission Jon C. Wood Attention: Document Control Desk Matthews & Branscomb Washington, D.C. 20555-0001 112 East Pecan, Suite 1100 San Antonio, Texas 78205-3692 Ellis W. Merschoff M. T. Hardt/W. C. Gunst Regional Administrator, Region IV City Public Service U.S. Nuclear Regulatory Commission P. O. Box 1771 611 Ryan Plaza Drive, Suite 400 San Antonio, TX 78296 Arlington, Texas 76011-8064 Samuel J. Collins Richard A. Ratliff Director, Office of Nuclear Reactor Regulation Bureau of Radiation Control U. S. Nuclear Regulatory Commission Texas Department of Health 1 White Flint North, Mail Stop: 0-5 E7 1100 West 49th Street 11555 Rockville Pike Austin, TX 78756-3189 Rockville, MD 20852-2738 Cornelius F. O'Keefe R. L. Balcom/D. G. Tees U. S. Nuclear Regulatory Commission Reliant Energy, Inc.

P. 0. Box 289, Mail Code: MN1 16 P. 0. Box 1700 Wadsworth, TX 77483 Houston, TX 77251 A. H. Gutterman, Esquire C. A. Johnson/A. C. Bakken III Morgan, Lewis & Bockius LLP AEP - Central Power and Light Company 1111 Pennsylvania Avenue, NW P. 0. Box 289, Mail Code: N5012 Washington, DC 20004 Wadsworth, TX 77483 Glenn Tracy A. Ramirez/C. M. Canady U. S. Nuclear Regulatory Commission City of Austin 1 White Flint North, Mail Stop: 0-6 H16 Electric Utility Department 11555 Rockville Pike 721 Barton Springs Road Rockville, MD 20852-2738 Austin, TX 78704 Assistant General Counsel for Materials Litigation and Enforcement Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

NRC CORRESPONDENCE SIGNOFF SHEET OPGP05-ZN-0006-01 (Page 1 of 1)

Correspondence

Title:

Answer Of STP Nuclear Operating Company To The Commission's Order Modifying Licenses (Effective Immediately) And Request For Extension Of Time NOC-AE: NOC-AE-02001288 Review Due Date: 3/18/02 Condition Report No.: NA The persons whose initials appear below have personally reviewed the enclosed materials with regards to their area of responsibility and have verified that it is accurate to the best of their knowledge and belief. Initialing below constitutes acceptance of attached assigned commitments.

Preparer Date Reviewerr__ Date 3/l t*2 VP Generation Date Reviewer Date VP Business Services Date Reviewer Date VP Engineering & Technical Services Date Reviewer Date Plant General Manager Date Reviewer Date A4,i1ý.tIi : " _-7 Director, Quality & Licensing Date_______ Reviewer Date Manager, Licensing Date Reviewer Date Dept. Manager Date Reviewer Date Dept. Manager Date Reviewer Date 5i1-01 7-Technical

Contact:

Bill Mookhoek Ext: 7274 Licensing

Contact:

Robyn Dally Piggott Ext: 7438 CALL LICENSING CONTACT WHEN READY FOR PICK-UP