NOC-AE-03001530, Answer, Response and Request for Clarification in Response to 04/29/03 Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel

Answer, Response and Request for Clarification in Response to 04/29/03 Order for Compensatory Measures Related to Fitness-for-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel

ML033381092
Person / Time
Site:	South Texas
Issue date:	06/02/2003
From:	Sheppard J South Texas
To:	Collins S Document Control Desk, Office of Nuclear Reactor Regulation, NRC/SECY
References
EA-03-038, NOC-AE-03001530
Download: ML033381092 (4)

Text

Nuclear Operating Company SoutM Te tlcdt kcfaik GeiwwfSafh* a10 Bar 232 HbdewA Tw77A June 2, 2003 NOC-AE-03001530 Samuel J. Collins Director, Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission I White Flint North, Mail Stop: 0-5 E7 11555 Rockville Pike Rockville, MD 20852-2738 Secretary Office of the Secretary of the Commission U. S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852 South Texas Project Units 1 & 2 Docket Nos. STN 50-498, STN 50-499 Answer, Response and Request for Clarification in Response to April 29, 2003, Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel (EA-03-038)

Reference:

1. Letter, S. J. Collins to W. T. Cottle, Issuance Of Order For Compensatory Measures Related To Fitness-For-Duty Enhancements Applicable To Nuclear Facility Security Force Personnel," (EA-03-038)

April 29,2003 By this letter STP Nuclear Operating Company (STPNOC) hereby answers the April 29, 2003, Order for Compensatory Measures Related to Fitness-For-Duty Enhancements Applicable to Nuclear Facility Security Force Personnel (EA-03-038) (Order`).

Pursuant to Section IV of the Order and 10 CFR §2.202, STPNOC requests an.

extension of time in which to submit information in response to the Order and to request a hearing. In addition, STPNOC requests the NRC provide certain information to ensure STPNOC fully understands the underlying bases of the Order and, therefore, can most effectively implement its individual requirements.

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NOC-AE-03001530 Page 2 of 4 Section II of the Order states that, [t]he Commission has determined that the security measures addressed by the enclosed compensatory measures are required to be implemented by licensees as prudent measures to address issues that may arise from work-hour related fatigue of nuclear facility security force personnel."

The Order does not explain the bases for the specific limits and other requirements described in the Order in sufficient detail for STPNOC to understand the rationale for the requirements. STPNOC therefore requests that the NRC provide: the bases for the specific limits prescribed in the Order, the bases upon which it relied to establish a linkage between the specific limits chosen and any causal relationship to fatigue that would otherwise occur if those individual or group work hour limits were to be exceeded; and information pertaining to any events or incidents where the NRC has determined that fatigue was the cause or a major contributing factor in those events or incidents.

As provided for in Section IV of the Order, good cause for granting an extension of time to respond to the Order and to request a hearing is shown in that no basis or rationale for the specific requirements in Attachment 2 of the Order has been demonstrated.

Thus, STPNOC requests that the Director, Nuclear Reactor Regulation extend the time periods for responding to the Order (including, specifically, Sections B.1 and B.2) and for requesting a hearing from the time period specified in the Order until 35 days after the date that the NRC provides the bases for the work hour limits in the Order. Section ll. C. of the Order requires that ([a]lllicensees shall, within thirty-five (35) days of the date of this Order, submit to the Commission a schedule for achieving compliance with each requirement described in Attachment 2." Subject to the foregoing request for information concerning the bases for the Order and the request for an extension of time in accordance with Section IV, STPNOC will achieve compliance with all applicable requirements not later than October 29, 2003.

STPNOC also hereby confirms its understanding that the Commission intends to exercise enforcement discretion to accommodate issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of this Order. We further understand that the Commission will exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of this Order with the orders issued February 25, 2002, as well as with other pertinent regulatory requirements, and our safeguards contingency plan, security plan and security officer training and qualification plan.

This response is hereby submitted to the Commission in accordance with 10 CFR 50.4 and 10 CFR 2.202.

NOC-AE-03001 530 Page 3 of 4 Please direct any questions regarding this letter to Scott Head at (361) 972-7136.

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

Executed on: G/>/o3 J..Sheppa rd President & Chief Executive Officer

I NOC-AE-03001530 Page 4 of 4 cc:

• two copies ** original and 3 copies

• • • electronic copy only Assistant General Counsel for Glenn Tracy Materials Litigation and Enforcement U. S. Nuclear Regulatory Commission Office of General Counsel 1 White Flint North, Mail Stop: 0-6 H16 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Washington, D.C. 20555-0001 Rockville, MD 20852-2738 Ellis W. Merschoff

• Richard A. Ratliff Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission Texas Department of Health 611 Ryan Plaza Drive, Suite 400 1100 West 49th Street Arlington, Texas 76011-8064 Austin, TX 78756-3189 U. S. Nuclear Regulatory Commission C. M. Canady Attention: Document Control Desk City of Austin One White Flint North Electric Utility Department 11555 Rockville Pike 721 Barton Springs Road Rockville, MD 20852 Austin, TX 78704 Cornelius F. O'Keefe Senior Physical Security Inspector, Region IV U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission P. 0. Box 289, Mail Code: MN1 16 611 Ryan Plaza Drive, Suite 400 Wadsworth, TX 77483 Arlington, Texas 76011-8064 A. H. Gutterman, Esquire Mohan C. Thadani **

Morgan, Lewis & Bockius LLP U. S. Nuclear Regulatory Commission L. D. Blaylock*** R. L. Balcom ***

City Public Service Texas Genco, LP A. Ramirez ** Jon C. Wood ***

City of Austin Matthews & Branscomb C. A. Johnson ***

AEP Texas Central Company