ULNRC-05674, Facility Operating License NPF-30 Supplement to License Amendment Request LDCN 09-0041 for Approval of the Cyber Security Plan

Facility Operating License NPF-30 Supplement to License Amendment Request LDCN 09-0041 for Approval of the Cyber Security Plan

ML100210818
Person / Time
Site:	Callaway
Issue date:	01/21/2010
From:	Sandbothe S AmerenUE
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LDCN 09-0041, TAC ME2663, ULNRC-05674
Download: ML100210818 (10)

Text

AmerenUE PO Box 620 Callaway Plant Fulton, MO 65251 January 21,2010 ULNRC-05674 u.s. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001 10 CFR 50.90

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wAmeren Ladies and Gentlemen:

UE DOCKET NUMBER 50-483 CALLAWA Y PLANT UNIT 1 UNION ELECTRIC CO.

FACILITY OPERATING LICENSE NPF-30 SUPPLEMENT TO LICENSE AMENDMENT REQUEST LDCN 09-0041 FOR APPROVAL OF THE CYBER SECURITY PLAN (TAC NO. ME2663)

Reference:

AmerenUE Letter ULNRC-05663, "Request for Approval of the Callaway Plant Cyber Security Plan (License Amendment Request LDCN 09-0041)," dated November 19, 2009 By letter dated November 19, 2009 (Reference above), Union Electric Company (dba AmerenUE) submitted a request to amend the Facility Operating License (No. NPF-

30) for Callaway Plant Unit 1. Per the proposed license amendment, AmerenUE requested Nuclear Regulatory Commission approval of Callaway's Cyber Security Plan, provided a proposed Cyber Security Plan Implementation Schedule, and included a proposed revision to the Facility Operating License to incorporate the provisions for implementing and maintaining in effect the provisions of the approved Cyber Security Plan.

Enclosure 1 of AmerenUE's November 19, 2009 letter contained AmerenUE's evaluation of the proposed change, including a determination that the proposed change did not involve a significant hazard consideration. However, as a result of subsequent discussions between the NRC Staff and the Nuclear Energy Institute on December 9,2009 concerning information in the No Significant Hazards Consideration, AmerenUE is now providing a revised Significant Hazards Consideration evaluation (hereby provided in Enclosure 1 of this letter).

Accordingly, Enclosure 1 of this submittal replaces Enclosure 1 originally provided in a subsidiary of Ameren Corporation

ULNRC-05674 January 21, 2010 Page 2 the November 19, 2009 letter, except that the Attachments originally provided in are not included in this submittal since there are no changes to those Attachments. The changes are indicated by a revision bar in the right margin.

It should be noted that the final conclusions from the Regulatory Evaluation provided via the November 19, 2009 letter remain valid and are not changed by this supplement. Further, there are no new commitments identified in conjunction with this supplement. The submittal of this supplement was discussed with the NRC Project Manager, Mr. Mohan Thadani, on January 6, 2010.

In accordance with 10 CFR 50.91(b), AmerenUE is providing the State of Missouri with a copy of this supplement to the proposed amendment.

If there are any questions, please contact Mr. Tom Elwood at 314-225-1905.

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

Sincerely, Scott Sandbothe Manager, Plant Support Executed on: _---'\'-1/'-_"2.._,-+-1_,_0__

J I Enclosure

ULNRC-05674 January 21, 2010 Page 3 cc: u.s. Nuclear Regulatory Commission (Original and 1 copy)

Attn: Document Control Desk Washington, DC 20555-0001 Mr. Elmo E. Collins, Jr.

Regional Administrator u.s. Nuclear Regulatory Commission Region IV 612 E . Lamar Blvd., Suite 400 Arlington, TX 76011-4125 Senior Resident Inspector Callaway Resident Office u.S. Nuclear Regulatory Commission 8201 NRC Road Steedman, MO 65077 Mr. Mohan C. Thadani (2 copies)

Senior Project Manager, Callaway Plant Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 0-8G 14 Washington, DC 20555-2738

ULNRC-05674 January 21, 2010 Page 4 Index and send hardcopy to QA File A160.0761 Hardcopy:

Certrec Corporation 4200 South Hulen, Suite 422 Fort Worth, TX 76109 (Certrec receives ALL attachments as long as they are non-safeguards and may be publicly disclosed.)

Electronic distribution for the following can be made via Tech Spec ULNRC Distribution:

A. C. Heflin F. M. Diya L. S. Sandbothe S. A. Maglio E. H. Bradley S. L. Gallagher T. L. Woodward (NSRB)

T. B. Elwood D. E. Rickard E. M. Fast A. C. Schnitz A. M. Lowry Ms. Diane M. Hooper (WCNOC)

Mr. Dennis Buschbaum (Luminant Power)

Mr. Ron Barnes (APS)

Mr. Tom Baldwin (PG&E)

Mr. Wayne Harrison (STPNOC)

Mr. John O'Neill (Pillsbury Winthrop Shaw Pittman LLP)

Missouri Public Service Commission Mr. Floyd Gilzow (DNR) to ULNRC-05674 Page 1 January 21, 2010 Evaluation of Proposed Changes 1.0 Summary Description 2.0 Detailed Description 3.0 Technical Evaluation 4.0 Regulatory Evaluation 4.1 Applicable Regulatory Requirements / Criteria 4.2 Significant Hazards Consideration 4.3 Summary 5.0 Environmental Consideration 6.0 References to ULNRC-05674 Page 2 January 21, 2010 1.0

SUMMARY

DESCRIPTION The proposed license amendment request (LAR) includes the proposed Callaway Plant Unit 1 Cyber Security Plan (Plan), an Implementation Schedule, and a proposed sentence to be added to the existing Physical Protection Operating License (OL) condition.

2.0 DETAILED DESCRIPTION The proposed LAR includes three parts: the proposed Plan, an Implementation Schedule, and a proposed sentence to be added to the existing Physical Protection OL condition, i.e., paragraph 2.E of the Callaway OL. The modified OL condition will require UE to fully implement and maintain in effect all provisions of the Commission-approved cyber security plan as required by 10 CFR 73.54.

The regulations in 10 CFR 73.54, "Protection of digital computer and communication systems and networks," establish the requirements for a cyber security program. This regulation specifically requires each licensee currently licensed to operate a nuclear power plant under Part 50 of this chapter to submit a cyber security plan that satisfies the requirements of the Rule.

Each submittal must include a proposed implementation schedule, and implementation of the licensee's cyber security program must be consistent with the approved schedule. The background for this application is addressed by the NRC Notice of Availability published on March 27,2009,74 FR 13926 (Reference 1).

3.0 TECHNICAL EVALUATION

Federal Register Notice 74 FR 13926 issued the final rule that amended 10 CFR Part 73. Cyber security requirements are codified as new §73.54 and are designed to provide high assurance that digital computer and communication systems and networks are adequately protected against cyber attacks up to and including the design basis threat established by §73.1(a)(1)(v). These requirements are substantial improvements upon the requirements imposed by Order EA-02-026 to ULNRC-05674 Page 3 January 21, 2010 (Reference 2).

This LAR includes the proposed Plan (Enclosure 3) that is derived from the template provided in NEI 08-09, "Cyber Security Plan for Nuclear Power Reactors," Revision 3 (Reference 3). In addition, the LAR includes the proposed change to the existing OL condition for "Physical Protection" (Attachments 1 and 2). Finally, the LAR contains the proposed Implementation Schedule (Enclosure 2) as required by 10 CFR 73.54.

4.0 REGULATORY EVALUATION

4.1 APPLICABLE REGULATORY REQUIREMENTS I CRITERIA This LAR is submitted pursuant to 10 CFR 73.54 which requires licensees currently licensed to operate a nuclear power plant under 10 CFR Part 50 to submit a Cyber Security Plan as specified in §50.4 and §50.90.

4.2 SIGNIFICANT HAZARDS CONSIDERATION AmerenUE has evaluated the proposed changes using the criteria in 10 CFR 50.92 and has determined that the proposed changes do not involve a significant hazards consideration. An analysis of the issue of no significant hazards consideration is presented below:

Criterion 1: The proposed change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

The proposed change incorporates a new requirement in the Facility Operating License to implement and maintain the Cyber Security Plan as part of the facility's overall program for physical protection. Inclusion of the Cyber Security Plan in the Facility Operating License itself does not involve any modifications to the safety-related structures, systems or components (SSCs). Rather, the Cyber Security Plan describes how the requirements of 10 CFR 73.54 are to be implemented to identify, evaluate, and mitigate cyber attacks up to and including the design basis cyber attack threat, thereby achieving high assurance that the facility's digital computer and to ULNRC-05674 Page 4 January 21, 2010 communications systems and networks are protected from cyber attacks. The implementation and incorporation of the Cyber Security Plan into the Facility Operating License will not alter previously evaluated Final Safety Analysis Report (FSAR) design basis accident analysis assumptions, add any accident initiators, or affect the function of the plant safety-related SSCs as to how they are operated, maintained, modified, tested, or inspected.

Therefore, it is concluded that this change does not involve a significant increase in the probability or consequences of an accident previously evaluated.

Criterion 2: The proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

This proposed amendment provides assurance that safety-related SSCs are protected from cyber attacks. Implementation of 10 CFR 73.54 and the inclusion of the Cyber Security Plan in the Facility Operating License do not result in the need of any new or different FSAR design basis accident analysis. It does not introduce new equipment that could create a new or different kind of accident, and no new equipment failure modes are created. As a result, no new accident scenarios, failure mechanisms, or limiting single failures are introduced as a result of this proposed amendment.

Therefore, the proposed change does not create the possibility of a new or different kind of accident from any accident previously evaluated.

Criterion 3: The proposed change does not involve a significant reduction in a margin of safety.

The margin of safety is associated with the confidence in the ability of the fission product barriers (i.e., fuel cladding, reactor coolant pressure boundary, and containment structure) to limit the level of radiation to the pUblic. The proposed amendment would not alter the way any safety-related SSC functions and would not alter the way the plant is operated. The amendment provides assurance that safety-related SSCs are protected from cyber attacks. The proposed to DLNRC-OS674 Page S January 21, 2010 amendment would not introduce any new uncertainties or change any existing uncertainties associated with any safety limit. The proposed amendment would have no impact on the structural integrity of the fuel cladding, reactor coolant pressure boundary, or containment structure. Based on the above considerations, the proposed amendment would not degrade the confidence in the ability of the fission product barriers to limit the level of radiation to the public.

Therefore, the proposed change does not involve a significant reduction in a margin of safety.

Based on the above, DE concludes that the proposed change presents no significant hazards consideration under the standards set forth in 10 CPR SO.92(c), and accordingly, a finding of no significant hazards consideration is justified.

4.3 CONCLUSION

In conclusion, based on the considerations discussed above: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner; (2) such activities will be conducted in compliance with the Commission's regulations; and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.

5.0 ENVIRONMENTAL CONSIDERATION

The proposed amendment is confined to (i) organizational and procedural matters; (ii) modifications to systems used for security and/or materials accountability; (iii) administrative changes; and (iv) review and approval of transportation routes pursuant to 10 CPR 73.37.

Accordingly, the proposed amendment meets the eligibility criterion for categorical exclusion set forth in 10 CPR S1.22(c)(12). Therefore, pursuant to 10 CFR S1.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the proposed amendment.

to ULNRC-05674 Page 6 January 21, 2010

6.0 REFERENCES

1. Federal Register Notice, Final Rule 10 CPR 73, "Power Reactor Security Requirements,"

published on March 27, 2009, 74 FR 13926.

2. EA02-026, "Order Modifying Licenses, Safeguards and Security Plan Requirements,"

issued February 25, 2002.

3. NEI 08-09, "Cyber Security Plan for Nuclear Power Reactors," Revision 3, September 2009.