ULNRC-04858, Answer, Response and Request for Clarification in Response to April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Pl

Answer, Response and Request for Clarification in Response to April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant

ML031611009
Person / Time
Site:	Callaway
Issue date:	06/02/2003
From:	Randolph G AmerenUE
To:	Document Control Desk, NRC/SECY/RAS
References
EA-03-039, ULNRC-04858
Download: ML031611009 (9)

Text

AmerenUE PO Box 620 Callaway Plant Fulton, MO 65251 573.676.8245 Garry L Randolph 573.676.4056 fax Senior Vice President and Chief Nuclear Officer June 2, 2003 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 ATTN: Document Control Desk WAmeren One White Flint North 11555 Rockville Pike UE Rockville, MD 20852 Ladies and Gentlemen: ULNRC-04858 DOCKET NUMBER 50-483 CALLAWAY PLANT UNION ELECTRIC COMPANY Answer, Response and Request for Clarification in Response to April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039)

Reference:

Letter dated April 29, 2003, from S. J. Collins, USNRC, Holders of Licenses for Operating Power Reactors, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039)

Section IV of the April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039)

("Order") states that, in accordance with 10 CFR 2.202, a licensee must submit an answer to the Order and may request a hearing on the Order within 35 days of the date of the Order.

5:a a subsidiaryof Ameren Corporation

I ULNRC-04858 Page 2 June 2, 2003 This letter constitutes Union Electric Company's (AmerenUE or UE) answer (pursuant to 10 CFR 2.202 and Section IV of the Order) and response (pursuant to 10 CFR 50.4 and Sections III B.1, B.2 and C.1 of the Order). AmerenUE consents to the Order and does not request a hearing. AmerenUE fully intends to comply with the Order. The schedule for achieving compliance with each requirement in Attachment 2 to the Order is attached.

However, because the NRC has used force-on-force testing as a standard by which compliance with the Design Basis Threat (DBT) was evaluated and because the tactics and capabilities associated with the DBT influence the training prescribed in the Order, AmerenUE requests that the NRC provide a clear definition of the objectives and criteria for force-on-force exercises so that appropriate revisions can be made to the safeguards contingency plan, physical security plan, and security officer training and qualification plan.

Specifically, AmerenUE needs a clear explanation of the purpose of the force-on-force exercise (e.g., is the purpose of force-on-force exercises for security officer training, or to evaluate licensee compliance with the DBT?). Similarly, the success criterion for the force-on-force exercise needs to be established (e.g., is the criterion prevention of a large offsite release which would be consistent with the basis for risk-informing NRC regulations, or some other criterion?). Finally, if a force-on-force exercise is going to be used as a performance test of the licensee's ability to protect against the DBT, a clear definition of adversary rules of engagement and adversary tactics is needed to provide appropriate predictability and stability in the regulatory program. Absent these clarifications, the standard by which licensee performance will be measured will continue to be a constantly moving target, which is counter to the Commission's Principles of Good Regulation.

To enable AmerenUE to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation extend the dates for full implementation of the Order on a day-for-day basis until such clarifications are provided.

AmerenUE also 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, physical security plan, and security officer training and qualification plan.

I ULNRC-04858 Page 3 June 2, 2003 This Order requires a 35-day response. Attachment 1 to this letter provides the 35-day response for AmerenUE. Attachment 2 provides AmerenUE's implementation schedule for the requirements identified in Attachment 2 of the Order.

If you have any questions concerning this matter, please contact me at (573) 676-8245, or Mr. David Shafer at (314) 554-3104.

Sincerely, dolph DS/GLR/mlo Attachment 1: Union Electric Company's (AmerenUE or UE) 35-Day Response to NRC Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel dated April 29, 2003 (EA-03-039)

Attachment 2: Implementation Schedule for Attachment 2 Requirements of NRC Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel dated April 29, 2003 (EA-03-039) cc: J. N. Donohew (NRC), w/a D. N. Graves (NRC), w/a T. P. Gwynn (NRC), w/a Assistant General Counsel for Materials Litigation and Enforcement (NRC) w/a Director, Office of Nuclear Reactor Regulation (NRC), w/a Senior Resident Inspector (NRC), w/a

ULNRC-04858 Page 4 June 2, 2003 cc: Manager, Electric Department Missouri Public Service Commission PO Box 360 Jefferson City, MO 65102

ULNRC-04858 Page 5 June 2, 2003 bcc: G. L. Randolph R. D. Affolter Manager, Reg Affairs D. E. Shafer (470) (2 copies letter only)

S. L. GalLagher (100)

S. L. Klang (NSRB)

M. A. Reidmeyer E210.0001 A160.0761 Superintendent, Licensing Wolf Creek Nuclear Operating Corporation PO Box 411 Burlington, KS 66839 Mr. Scott Bauer Regulatory Affairs Palo Verde Nuclear Generating Station Arizona Public Service Company PO Box 52034-Mail Station 7636 Phoenix, AZ 85072-2034 Mr. Dennis Buschbaum Comanche Peak SES Farm Road 56 P. 0. Box 1002 Glen Rose, TX 76043 Mr. Scott Head Supervisor, Licensing South Texas Project NOC Mail Code N5014 P.O. Box 289 Wadsworth, TX 77483 Mr. Stan Ketelsen Manager, Regulatory Services PG&E Mail Stop 104/5/536 P.O. Box 56 Avila Beach, CA 93424 Mr. John H. O'Neill, Jr.

Shaw Pittman 2300 N. StreetN.W.

Washington, DC 20037

STATE OF MISSOURI )

) SS CITY OF ST. LOUIS )

Garry L. Randolph, of lawful age, being first duly sworn upon oath says that he is Senior Vice President Generation and Chief Nuclear Officer and an officer of Union Electric Company; that he has read the foregoing document and knows the content thereof; that he has executed the same for and on behalf of said company with full power and authority to do so; and that the facts therein stated are true and correct to the best of his knowledge, information and belief By Garry L. nolph Sr. Vice President Generation and Chief Nuclear Officer SUBSCRIBED and sworn to before me this day of , 2003.

MELISSA L. ORR Notary Public - Notary Seal STATE OF MISSOURI City of St. Louis My Commission Expires: June 23, 2003 to ULNRC-04858 Page 1 of 2 Union Electric Company's (AmerenUE or UE) 35-Day Response to NRC Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nudear Power Plant Security Force Personnel dated April 29, 2003 (EA-03-039)

The NRC Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel, dated April 29, 2003, includes the following reporting requirements:

III.

B.1 All Licensees shall, within thirty-five (35) days of the date of this Order, notify the Commission, (1) if they are unable to comply with any of the requirements described in Attachment 2, (2) if compliance with any of the requirements is unnecessary in their 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 shall provide the Licensee's justification for seeking relief from or variation of any specific requirement.

B.2 Any Licensee that considers that implementation of any of the requirements described in Attachment 2 to this Order would adversely impact safe operation of the facility must notify the Commission, within thirty-five (35) days of the date of this Order, of the adverse safety impact, and provide the basis for the Licensee's determination that the requirement has an adverse safety impact, and provide either a proposal for achieving the same objectives specified in the Attachment 2 requirement in question or a schedule for modifying the facility to address the adverse safety condition.

If neither approach is appropriate, the Licensee must supplement its response to Condition B. 1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B. 1.

C.1 All Licensees shall, within thirty-five (35) days of the date of this Order, submit to the Commission a schedule for achieving compliance with the requirements described in Attachment 2.

C.2 All Licensees shall report to the Commission when they have achieved full compliance with the requirements described in Attachment 2.

S -

Attachment 1 to ULNRC-04858 Page 2 of 2 AmerenUE provides the following response to the reporting requirements of the Order:

B.1. (1) AmerenUE consents to the Order.

(2) AmerenUE knows of no specific circumstances where this Order would be unnecessary at Callaway Plant.

(3) AmerenUE knows of no specific circumstances where implementation of the requirements of this Order will cause AmerenUE to be in violation of the provisions of any Commission regulation or the facility license. As a matter of clarification, AmerenUE intends to apply the provisions of the approved Callaway Plant Physical Security Plan that allows the extension of training intervals (e.g., 25% extension of an interval).

B.2. Implementation of the requirements described in Attachment 2 to the Order would not adversely impact safe operation of Callaway Plant.

C.1. Attachment 2 to this letter specifies AmerenUE's schedule for achieving compliance with the requirements described in Attachment 2 to the Order.

In each case, the schedule for achieving compliance satisfies the schedule requirements prescribed in the Order.

C.2. AmerenUE will report to the Commission when full compliance with the requirements in Attachment 2 to the Order has been achieved.

Note:

To enable AmerenUE to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation extend the dates for full implementation of the Order on a day-for-day basis until such clarifications are provided.

to ULNRC-04858 Page 1 of 1 Implementation Schedule for Attachment 2 Requirements of NRC Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel dated April 29, 2003 (EA-03-039)

Compensatory 1 Schedule for Measure Subject I Implementation C. Compensatory Measures C. 1 General Criteria October 29, 2004 C.2 Firearms Training & Qualification October 29, 2004 C.3 Firearms Maintenance Program October 29, 2004 CA Medical & Physical Fitness Requirements October 29, 2004 Note:

To enable AmerenUE to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation extend the dates for full implementation of the Order on a day-for-day basis until such clarifications are provided.