ULNRC-05147, Response to April 11, 2005, NRC Letter Regarding Implementation of November 5, 2004, Order Imposing Requirements for Protection of Safeguards Information (EA-04-190)

Response to April 11, 2005, NRC Letter Regarding Implementation of November 5, 2004, Order Imposing Requirements for Protection of Safeguards Information (EA-04-190)

ML051520078
Person / Time
Site:	Callaway
Issue date:	04/29/2005
From:	Marilyn Evans AmerenUE
To:	Annette Vietti-Cook NRC/SECY/RAS
Donohew J N, NRR/DLPM,415-1307
References
EA-04-190, TAC MC5361, ULNRC-05147
Download: ML051520078 (5)

Text

AmerenUE PO Box 620 Callaway Plant Fulton, MO 65251 April 29. 2005 Ms. Annette Vietti-Cook Secretary Office of the Security of the Commission U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudication Staff Washington, DC 20555

Dear Ms. Vietti-Cook:

ULNRC-05 147 wameren YE DOCKET NUMBER 50-483 UNION ELECTRIC COMPANY CALLAWAY PLANT RESPONSE TO THE APRIL 11, 2005, NRC LETTER REGARDING IMPLEMENTATION OF TIlE NOVEMBER 5,2004, ORDER IMPOSING REQUIREMENTS FOR THE PROTECTION OF CERTAIN SAFEGUARDS INFORMATION (EA-04-190)

Reference:

ULNRC-05095 dated November 19, 2004 Section IV of the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190) ("Order') states that, in accordance with 10 CFR §2.202, the recipient of the Order must submit an answer to the Order, and may request a hearing on the Order, within 20 days of the date of the Order.

Attachment 2 to the Order, ModifiedHandlingRequirementsfor the Protectionsof Certain SafeguardsInformation (SGI-AM), which is incorporated by reference into the Order, contains detailed requirements which recipients of the Order must meet.

By letter dated November 19, 2004 (referenced letter), AmerenUE requested an extension of time in which to submit an answer to or request a hearing with respect to one or more provisions of Attachment 2 to the Order. The implications of the Order to licensees who have a program for controlling Safeguards Information that meets all current regulatory requirements was not clear, and time was requested to receive clarification from the NRC Staff to ensure that Commission's intent of the Order and hoxv it is to be implemented was understood.

Specifically, clarification was sought that licensees with an existing Safeguards Information program could use that program to satisfy the Order (i.e., a separate SGI-M program is not required); and how licensees with an existing Safeguards Information program are to interface with an entity using an SGI-M program.

a subsidiaryof Ameren Corporation WM JR IR I M 11I 1I

ULNRC-05 147 Response to the April 11, 2005 NRC Letter April 29, 2005 Page 2 During the period from Order issuance until clarity was received on the issues raised, AmerenUE committed to control all material designated SGI-M under its Safeguards Information program. AmerenUE also requested that the Commission exercise enforcement discretion during this period.

AmerenUE will continue to use its existing Safeguards Information program to process and control Safeguards Information. At such time as AmerenUE anticipates the need to transmit Safeguards Information to an individual or an entity who only has a SGI-M program, suitable modifications will be made to our Safeguards Information program consistent with the April 11, 2005, letter. As a result, AmerenUE is in full compliance with the November 5, 2004, Order and the April 11, 2005, letter.

In accordance with 10 CFR § 2.202(b), this response is provided under oath.

Very truly yours, Michael S. Evans Manager, Business Operations DES/jdg

Attachment:

List of Commitments

ULNRC-05147 April 29, 2005 STATE OF MISSOURI)

SS CALLAWAY COUNTY)

Michael S. Evans of lawful age, being first duly sworn upon oath says that he is Manager - Business Operations for 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 Michael S.'Tvans Manager, Business Operations SUBSCRIBED and sworn to before me this cQ 9 day of Apri ,2005.

TERRA E. GUITTAR Notary PublIc-Notary Seal State of Missouri, Calloway County My commission Expires May 13. 2006

ULNRC-05147 Response to the April 11, 2005 NRC Letter April 29, 2005 Page 3 cc: Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Assistant General Counsel for Materials Litigation and Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555 U.S. Nuclear Regulatory Commission (Original and I copy)

Attn: Document Control Desk Mail Stop PI-137 Washington, DC 20555-0001 Mr. Bruce S. Mallett Regional Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Senior Resident Inspector Callaway Resident Office U.S. Nuclear Regulatory Commission 8201 NRC Road Steedman, MO 65077 Mr. Jack N. Donohew (2 copies)

Licensing Project Manager, Callaway Plant Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 7E1 Washington, DC 20555-2738 Missouri Public Service Commission Governor Office Building 200 Madison Street PO Box 360 Jefferson City, MO 65102-0360

ULNRC-05 147 Page I LIST OF COMMITMENTS The following table identifies those actions committed to by AmerenUE in this document. Any other statements in this document are provided for information purposes and are not considered commitments. Please direct questions regarding these commitments to:

COMMITMENT Due Date/Event -

AmerenUE will continue to use its existing Safeguards Before transmitting Information program to process and control Safeguards Safeguards Information. When the need to transmit Safeguards Information Information to an to an individual or an entity who only has a SGI-M program, individual or an suitable modifications will be made to our Safeguards Information entity who only program consistent with NRC Order EA-04-190 and letter dated has a SGI-M April 11, 2005. program.