NOC-AE-09002452, Request for Exemption from Compliance Date for Physical Security Requirements

Request for Exemption from Compliance Date for Physical Security Requirements

ML093280174
Person / Time
Site:	South Texas
Issue date:	11/18/2009
From:	Bowman C Southern Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-09002452
Download: ML093280174 (10)

Text

Nuclear Operating Company South Texas Project Electric Genera7in$Station P. Box 289 Wadsworth, Texas 77483 November 18, 2009 NOC-AE-09002452 10CFR73.5 File No. G25 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499 Request for Exemption from Compliance Date for Physical Security Requirements

Reference:

C. T. Bowman, STP Nuclear Operating Company, to NRC, "South Texas Project Supporting Information for Request for Exemption from Compliance Date for Physical Security Requirements," dated November 18, 2009 (NOC-AE-09002490)

In accordance with the requirements of 10 CFR 73.5, STP Nuclear Operating Company (STPNOC) requests the Nuclear Regulatory Commission (NRC) approve an exemption from specific requirements of 10 CFR Part 73, "Physical Protection of Plants and Materials" for the South Texas Project (STP) Units 1 and 2 by extending the deadline for the implementation of certain measures required by the new rule dated March 27, 2009 (74 FR 13926).

Pursuant to the Final Rule, the new security requirements must be implemented by March 31, 2010. STPNOC has evaluated these new requirements and determined that most of the new requirements can be implemented by the required date. However, specific portions of the new requirements will require additional time to implement. These changes are physical modifications to upgrade the security system that will require additional time beyond March 31, 2010. Enclosure 1 requests exemption from the compliance date for certain physical security requirements contained in 10 CFR 73.55 while Enclosure 2 provides the basis for the proposed exemption. Enclosure 3 provides an Environmental Assessment.

STPNOC is requesting an extension from the March 31, 2010 implementation date to June 30, 2010 for certain new requirements contained in 10 CFR 73.55 as described in the Enclosures.

STPNOC's current security program and the new security requirements that will be implemented by March 31, 2010, will provide continued assurance of public health and safety and common defense and security.

STPNOC requests approval of this exemption request by January 21, 2010 to otherwise allow time to prepare and implement compensatory measures if the exemption is not granted.

There are no commitments in this letter.

STI 32522707

NOC-AE-09002452 Page 2 of 3 If there are any questions regarding this letter, please contact Robyn Savage at (361) 972-7438 or me at (361) 972-7454.

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

Executed on 1//16'//0 C. T. Bowman General Manager, Oversight rds

Enclosures:

1. Request for Exemption from Compliance Date for Physical Security Requirements

2. Basis for Exemption

3. Environmental Evaluation STI 32522707

NOC-AE-09002452 Page 3 of 3 cc:

(paper copy) (electronic copy)

Regional Administrator, Region IV A. H. Gutterman, Esquire U. S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP 612 East Lamar Blvd, Suite 400 Arlington, Texas 76011-8064 Mohan C. Thadani U. S. Nuclear Regulatory Commission James Larsen Kevin Howell Physical Security Inspector, Region IV Catherine Callaway U.S. Nuclear Regulatory Commission Jim von Suskil 612 East Lamar Blvd, Suite 400 NRG South Texas LP Arlington, Texas 76011-8064 Mohan C. Thadani Ed Alarcon Project Manager J. J. Nesrsta U.S. Nuclear Regulatory Commission R. K. Temple One White Flint North (MS 7 D1) Kevin Polio 11555 Rockville Pike City Public Service Rockville, MD 20852 Senior Resident Inspector Jon C. Wood U. S. Nuclear Regulatory Commission Cox Smith Matthews P. 0. Box 289, Mail Code: MN116 Wadsworth, TX 77483 C. Mele City of Austin C. M. Canady City of Austin Richard A. Ratliff Electric Utility Department Texas Department of State Health 721 Barton Springs Road Services Austin, TX 78704 Alice Rogers Texas Department of State Health Services

NOC-AE-09002452 Enclosure 1 Page 1 of 2 Request for Exemption from Compliance Date for Physical Security Requirements A. Background The NRC issued a Final Rule for new security requirements in the Federal Register dated March 27, 2009. Pursuant to the Final Rule, the new security requirements must be implemented by March 31, 2010. STP Nuclear Operating Company (STPNOC) has evaluated the new 10 CFR 73 requirements and determined that most of the new requirements can be implemented by March 31, 2010. However, specific portions of the new requirements will require additional time beyond the March 31, 2010 date to complete security system modifications [ ]. STPNOC has approved a plan to upgrade the security system capabilities to meet the new requirements of the rule. The design phase for the replacement of the security equipment and upgrade the power supply [ ]

to support additional electrical loads associated with the installation has begun.

B. Security System Upgrade The upgrade to the security system will include the following major items:

• Replace security system components [ ]

• Upgrade the power supply [ ]to support additional electrical loads

• [1]

Completion of some of the new requirements contained in 10 CFR 73.55 will require additional time beyond March 31, 2010 to complete due to the design, procurement and installation activities as well as impedimentsto the construction due to the planned Unit 2 refueling/ reactor vessel head replacement outage and [ ].

With approval of this exemption request, the Part 73 provisions required to be implemented by March 31, 2010 will be completed except for certain requirements in the proposed exemption described in Section C below. This item, subject to the request for an exemption, will be implemented by June 30, 2010. STPNOC will then be in full compliance with the Final Rule.

C. Proposed Exemption STPNOC requests an exemption, from the implementation deadline only, for the item listed in this section. STPNOC's current security program and the new requirements that will be implemented by March 31, 2010, will provide continued assurance of public health and safety and common defense and security. Accordingly, the requested exemption is authorized by law and will not endanger life or property or the common defense and security in accordance with 10 CFR 73.5.

NOC-AE-09002452 Enclosure 1 Page 2 of 2 Request for Exemption from Compliance Date for Physical Security Requirements Regiulation STPNOC requests the NRC approve an exemption from the implementation deadline in 10 CFR 73.55 (a) (1) for meeting certain requirements in 10 CFR 73 [ ] for the South Texas Project (STP) Units 1 and 2 required by the new rule.

10 CFR 73.55 (a) requires:

Introduction. (1) By March 31, 2010, each nuclear power reactor licensee, licensed under 10 CFR part 50, shall implement the requirements of this section through its Commission-approved Physical Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, and Cyber Security Plan referred to collectively hereafter as "security plans." Current applicants for an operating license under 10 CFR part 50, or combined license under 10 CFR part 52 who have submitted their applications to the Commission prior to the effective date of this rule must amend their applications to include security plans consistent with this section.

10 CFR 73.55'[ ] requires:

[ ]

Issue

[I

NOC-AE-09002452 Enclosure 2 Page 1 of 1 Basis for Exemption STP Nuclear Operating Company is requesting an exemption from the implementation date only for 10 CFR 73.55 [ ]. The basis for requesting an exemption of the March 31, 2010, date to June 30, 2010, is based on completion of the modifications [ ]to address the new Part 73 rule requirements.

Using established processes, the duration (scope, design, construction, testing, turnover) of this project would typically be 12 - 18 months. This schedule is further challenged by resources and the logistical impacts of a plant refueling / reactor head replacement outage for Unit 2 and [ ]. STPNOC is continuing efforts to implement the remaining new Part 73 requirements identified in the March 27, 2009, Federal Register Notice (Final Rule) and associated Regulatory Guides issued in July 2009 by March 31, 2010.

The following is a description of the work activities associated with the physical modifications.

Implementation The scope of the physical modifications includes:

• Replace security system components [ ]

• [1]

• Upgrade the power supply [ ] to support additional electrical loads

• [I]

• [1]

The design details for the security [ ] modifications are still in progress. The design must be finalized in order to complete the procurement and ensure delivery of equipment to support the modifications. [ ] Preliminary discussions with vendors indicate that they should be able to deliver the equipment to support the schedule. Table I provides the Project Milestone Schedule for the physical modifications associated with the specific exemption requested. These milestones represent a schedule necessary to comply with the new Part 73 requirements. The milestone schedule has been developed based on current information and anticipated impediments to construction.

The schedule could be challenged by late material delivery, complications during construction, or weather issues.

NOC-AE-09002452 Enclosure 2 Table 1 Milestone Schedule

[]

NOC-AE-09002452 Enclosure 3 Page 1 of 3 Environmental Assessment

1. Describeany change to the types, characteristics,or quantitiesof non-radiological effluents dischargedto the environment as a result of the proposed exemption.

STPNOC Response There are no expected changes in the types, characteristics, or quantities of non-radiological effluents discharged to the environment associated with the proposed exemption. This application is associated with implementation of security system changes. These security changes will not result in changes to the design basis requirements for the structures, systems, and components (SSCs) at STP that function to limit the release of non-radiological effluents during and following postulated accidents. All the SSCs associated with limiting the release of offsite non- radiological effluents will therefore continue to be able to perform their functions, and as a result; there is no significant non-radiological effluent impact. There are no materials or chemicals introduced into the plant that could affect the characteristics or types of non-radiological effluents. In addition, the method of operation of non-radiological waste systems will not be affected by this proposed exemption.

2. Describe any changes to liquid radioactiveeffluents dischargedas a result of the proposed implementation.

STPNOC Response There are no expected changes to the liquid radioactive effluents discharged as a result of this exemption. The proposed security changes will not interact to produce any different quantity or type of radioactive material in the reactor coolant system. These security changes will not result in changes to the design basis requirements for the SSCs at STP that function to limit the release of liquid radiological effluents during and following postulated accidents. All the SSCs associated with limiting the release of liquid radiological effluents will therefore continue to be able to perform their functions, and as a result, there is no significant liquid radiological effluent impact.

3. Describe any changes to gaseous radioactiveeffluents dischargedas a result of the proposed exemption.

STPNOC Response For the same reasons as described in number 2 above, this proposed exemption would have no affects on the characteristics of gaseous radioactive effluents.

4. Describe any change in the type or quantity of solid radioactivewaste generated as a result of the proposed exemption.

STNOC Response The proposed security changes will not result in changes to type or quantity of solid radioactive waste generated. The exemption will not result in changes to the design

NOC-AE-09002452 Enclosure 3 Page 2 of 3 Environmental Assessment basis requirements for the structures, systems, and components (SSCs) at STP that function to limit the release of solid waste during and following postulated accidents. All the SSCs associated with limiting the release of solid radioactive waste will therefore continue to be able to perform their function.

5. What is the expected change in occupationaldose as a result of the proposed exemption under normal and design basis accident conditions?

STPNOC Response Under normal power operation there would be no expected radiological impact on either the workforce or the public. There are no expected changes in normal occupational operating doses. Control room dose is not impacted by the proposed security changes and would not impact occupational dose.

6. What is the expected change in the public dose as a result of the proposed change under normal and Design Basis Accident (DBA) accident conditions?

STPNOC Response Dose to the public will not be changed by the proposed security changes during normal operations. As noted in items 2, 3 and 4 above there is no basis to contemplate an increased source of liquid, gaseous or solid radiological effluents that could contribute to increased public exposure during normal operations and DBA conditions. The proposed security changes do not impact systems used during normal operation or systems used to detect or mitigate a DBA.

7. What is the impact to land disturbance for the proposedsecurity changes?

STPNOC Response The proposed exemption involves the addition of a new building within the protected area. Land disturbance is considered when performing environmental impact evaluations. Environmental impact evaluations will be completed as required.

Procedures are in place to address land disturbance at STP. Provisions for dealing with the inadvertent discovery of significant subsurface archaeological deposits are part of the administrative control procedures at STP. In the event such deposits are encountered procedure OPGP03-ZO-0025, Site Environmental Compliance, requires that excavation will stop and the site Environmental Division will evaluate the excavation site should the ground disturbance uncover an unanticipated discovery of archeological items of cultural significance.

NOC-AE-09002452 Enclosure 3 Page 3 of 3 Environmental Assessment

==

Conclusion:==

There is no significant radiological environmental impact associated with the proposed security system changes at STPNOC. The proposed changes will not affect any historical sites nor will they affect non-radiological plant effluents.