ML17262A723

FENOC Fleet - Results of Acceptance Review of the Exemption Request Exemption from the Definition of Physical Barrier in 10 CFR 73.2 for Physical Security Plans

ML17262A723
Person / Time
Site:	Beaver Valley, Davis Besse, Perry, 07201043, 07200069
Issue date:	09/20/2017
From:	Bhalchandra Vaidya Plant Licensing Branch III
To:	Belcher S FirstEnergy Nuclear Operating Co
Vaidya B, 415-3308
References
CAC MG0010, CAC MG0011, CAC MG0012, CAC MG0013
Download: ML17262A723 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 20, 2017

SUBJECT:

FENOC FLEET-BEAVER VALLEY POWER STATION, UNIT NOS. 1, AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1, AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - RESULTS OF ACCEPTANCE REVIEW OF THE EXEMPTION REQUEST RE: EXEMPTION FROM THE DEFINITION OF PHYSICAL BARRIER IN 10 CFR 73.2 FOR PHYSICAL SECURITY PLANS (CAC NOS. MG0010, MG0011, MG0012, AND MG0013)

Dear Mr. Belcher:

By letter dated July 19, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17200D139), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted an exemption request for Renewed Facility Operating Licenses for the Beaver Valley Power Station, Unit Nos. 1 and 2, Davis-Besse Nuclear PowerStation, Unit No. 1, and Facility Operating License for Perry Nuclear Power Plant, Unit 1.

The licensee requested the permanent exemption pursuant to Title 1O of the Code of Federal Regulations (10 CFR) Section 73.5, "Specific exemptions," from a requirement of 10 CFR 73.2, "Definitions" for "Physical Barrier." The regulation requires, in part, fences topped by three strands or more of barbed wire or similar material on brackets be angled inward or outward between 30 and 45 degrees from the vertical. An exemption is requested since not all protected area physical barrier fencing sections meet this requirement.

The purpose of this letter is to provide the results of the U.S. Nuclear Regulatory Commission (NRC or Commission) staff's acceptance review of the proposed exemption request. The acceptance review was performed to determine if there is proper regulatory basis and sufficient technical information in scope and depth to allow the NRC staff to complete its detailed technical review. The acceptance review is also intended to identify whether the application has any readily apparent information insufficiencies in its characterization of the regulatory requirements or the licensing basis of the plant.

Section 73.5 of 10 CFR, "Specific exemptions," states that the Commission may grant exemptions from the requirements of the regulations of this part provided the following specific criteria are met: (1) the exemption is authorized by law, (2) the exemption will not endanger life or property or the common defense and security, and (3) the exemption is otherwise in the public interest. Additionally, the categorical exclusion requirement in 10 CFR 51.22(c)(25),

states that to meet the requirements for the categorical exclusion in accordance with 10 CFR 51.22(c)(25), the exemption must meet the following: (i) no significant hazards consideration determination ; (ii) no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) no significant increase in individual or cumulative public or occupational radiation exposure; (iv) no significant construction impact; (v) no significant increase in the potential for or consequences from radiological accidents; and (vi) the

S. Belcher requirements from which the exemption is sought involves safeguards plans or other requirements of an administrative, managerial or organizational nature.

The NRC staff has reviewed your application and concluded that it does provide technical information in sufficient detail to enable the staff to complete its detailed technical review and make an independent assessment regarding the acceptability of the proposed amendment in terms of regulatory requirements and the protection of public health and safety and the environment. Given the lesser scope and depth of the acceptance review as compared to the detailed technical review, there may be instances in which issues that impact the staff's ability to complete the detailed technical review are identified despite completion of an adequate acceptance review. If additional information is needed you will be advised by separate correspondence. Based on the information provided in your submittal, the NRC staff has estimated that this licensing request will take approximately 400 hours16.667 days <br />2.381 weeks <br />0.548 months <br /> to complete. The staff expects to complete this review by the requested date of July 31, 2018. If there are emergent complexities or challenges in our review that would cause changes to the initial forecasted completion date or significant changes in the forecasted hours, the reasons for the changes, along with the new estimates will be communicated, during the routine interactions with the assigned project manager.

These estimates are based on the NRC staff's initial review of the application and they could change due to several factors, including requests for additional information, unanticipated addition of scope to the review, and review by NRC advisory committees or hearing-related activities. Additional delay may occur if the submittal is provided to the NRC in advance or in parallel with industry program initiatives or pilot applications.

If you have any questions, please contact me at (301) 415-3308.

Sincerely,

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Bhalchandra Vaidya, Project Manager Plant Licensing Branch Ill Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-346, 50-412, and 50-440 cc: Distribution via ListServ

ML17262A723 *by e-mail OFFICE DORL/LPL3/PM DORL/LPL3/LA DLR/RERP/BC(*) NSIR/DPCP/RSB/BC(*)

NAME BVaidya SRohrer BBeasley (WRautzen for) ARivera (DGordon for)

DATE 09/20/17 09/20/17 08/01/17 07/28/17 OFFICE DORL/LPL3/BC DORL/LPL3/PM NAME DWrona (KGreen for) BVaidya DATE 09/20/17 09/20/17