View source for NOC-AE-03001536, 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 Powe

{{Adams
| number = ML033390144
| issue date = 06/02/2003
| title = 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
| author name = Sheppard J
| author affiliation = South Texas Project Nuclear Operating Co
| addressee name = 
| addressee affiliation = NRC/Document Control Desk, NRC/SECY/RAS
| docket = 05000498, 05000499
| license number = NPF-076, NPF-080
| contact person = 
| case reference number = EA-03-039, NOC-AE-03001536, STI 31608372
| document type = Letter type:NOC
| page count = 8
| project = 
| stage = Request
}}

=Text=
{{#Wiki_filter:Nuclear Operating Company Soh as Ittea art        2rdo~tnO A 23 orgyk kwZ74J June 2, 2003 NOC-AE-03001 536 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 UnitsI &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 Training Enhancements On Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel EA-03-039)

==Reference:==
Letter, S. J. Collins to W. T. Cottle, Issuance of 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)
April 29,2003 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) (rder") states that, in accordance with 10 CFR &sect;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.
This letter constitutes STP Nuclear Operating Company's (STPNOC) answer (pursuant to 10 CFR 2.202 and Section IV of the Order) and response (pursuant to 10 CFR 50.4 and Sections lIl B.1, B.2, and C.1 of the Order). STPNOC consents to the Order and does not request a hearing. As STPNOC fully intends to comply with the Order, the schedule for achieving compliance with each requirement in Attachment 2 to the Order is enclosed.
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NOC-AE-03001 536 Page 2 of 4 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, STPNOC 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 training and qualification plan.
Specifically, STPNOC 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 O 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 STPNOC 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.
STPNOC 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 training and qualification plan.
This Order requires a 35-day response. Enclosure 1 to this letter provides the 35-day response for STPNOC. Enclosure 2 provides STPNOC's implementation schedule for the requirements identified in Attachment 2 of the Order. Enclosure 3 provides further clarification regarding the implementation of some of the requirements identified in Attachment 2 of the Order.

NOC-AE-03001 536 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:    C a oS J. .              f Cheppa       v President & Chief Executive Officer

==Enclosure:==
: 1) Thirty-Five Day Response to Order Related to Training Enhancements
: 2) Implementation Schedule for Order Related to Training Enhancements
: 3) Clarification of Certain Requirements of the Order

NOC-AE-03001536 Page 4 of 4 cc:     two copies ** original and 3 copies
      *** electronic copy only Samuel J. Collins                              Assistant General Counsel for Director, Office of Nuclear Reactor Regulation Materials Litigation and Enforcement U. S. Nuclear Regulatory Commission            Office of General Counsel 1 White Flint North, Mail Stop: 0-5 E7         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-B064 Glenn Tracy U. S. Nuclear Regulatory Commission 1 White Flint North, Mail Stop: 0-6 H16 11555 Rockville Pike Rockville, MD 20852-2738 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

Enclosure 1 Thirty-Five Day Response to Order Related to Training Enhancements The NRC's Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Arned Nuclear Power Plant Security Force Personnel, dated April 29, 2003, includes the following reporting requirements:
Ill.
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 B1.
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.
STI 31608372

Enclosure 1 Thirty-Five Day Response to Order Related to Training Enhancements STP Nuclear Operating Company (STPNOC) provides the following response to the reporting requirements of the Order B.1.       (1) STPNOC can and will comply with all requirements of this Order.
(2) STPNOC knows of no specific circumstances where this Order would be unnecessary.
(3)The licensee knows of no specific requirements of this Order that will cause STPNOC to be in violation of the provisions of any Commission regulation or the facility license.
B.2.        Implementation of the requirements described in Attachment 2 to the Order would not adversely impact safe operation of STPNOC.
C.1.        Enclosure 2 to this letter specifies STPNOC'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. Enclosure 3 provides clarification of certain requirements of the Order.

Enclosure 2 Implementation Schedule for Order Related to Training Enhancements Compensatory                                                                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 C.4            Medical & Physical Fitness Requirements            , October 29, 2004 Note 1:    The dates provided above are based on the information identified in the cover letter being provided by October 1, 2003. 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.
Note 2:    Enclosure 3 provides clarification of certain requirements of the Order.

Enclosure 3 Clarification of Certain Requirements of the Order STP Nuclear Operating Company (STPNOC) has determined that certain requirements in Attachment 2 of the Order require clarification to assure appropriate implementation of the Order.
STPNOC considers the training and qualification requirements in Attachment 2 of the Order that are required to be completed within a specified frequency (e.g.,
12 months, quarterly, etc.) shall be completed within the time interval specified in the Order with a maximum allowable extension not to exceed 25 percent of the interval listed, but the combined time interval for any three consecutive intervals shall not exceed 3.25 times the specified period of time listed for the event. For example, if the frequency for the event is 12 months the training shall be completed within the time interval specified in the Order with a maximum allowable extension not to exceed 31 days. This is consistent with an extension of 3.25 times the interval over a 3-year period. This clarification is consistent with our security training and qualification plan.}}