ML21308A049

BWXT Nuclear Operation Group, Inc Withdrawal of Classified Confirmatory Order Requiring the Implementation of Additional Physical Protection Measures Pursuant to 10 CFR 73.46(A) - Pcl Order

ML21308A049
Person / Time
Site:	BWX Technologies
Issue date:	03/14/2022
From:	John Lubinski NRC/NMSS/DFM/FFLB
To:	Freudenberger R BWXT
J DOWNS NRC/NMSS/DFM/FFLB 3014157744
References
Download: ML21308A049 (3)

Text

SeCReT ReSTRICTeD DATA UNITED STATES NUCLEAR REGULA TORY COMMISSION WASHINGTON, D.C. 20555-0001 March 14, 2022 Mr. Richard J. Freudenberger Manager, Environmental , Safety, Health & Safeguards BWXT Nuclear Operations Group, Inc.

P.O. Box 785 Lynchburg , VA 24505-0785

SUBJECT:

WITHDRAWAL OF CLASSIFIED CONFIRMATORY ORDER REQUIRING THE IMPLEMENTATION OF ADDITIONAL PHYSICAL PROTECTION MEASURES PURSUANT TO 10 CFR 73.46(a)

Dear Mr. Freudenberger:

On February 15, 2000, as a result of an analysis by what today is known as the National Nuclear Security Administration 's Office of Nuclear Threat Science (NA-82) , the U.S. Nuclear Regulatory Commission (NRC) issued a confirmatory order (not publicly available due to classified information contained therewithin) requiring the implementation of additional physical protection measures pursuant to Title 1O of the Code of Federal Regulations ( 10 CFR)

Section 73.46(a). A section of that confirmatory order required BWXT Nuclear Operations Group, Inc. - Lynchburg (BWXT NOG-L) to take additional measures to protect specific material types with the implementation of process control limits (PCLs). Additionally, the commitments in the order required modifications to the site physical protection plan, guard training and qualification plan, and safeguards contingency plan commensurate with a revised physical protection program strategy to protect against a specific scenario of concern.

On July 26 , 2021 , NA-82 provided the NRC staff with a revised analysis (not publicly available due to classified information contained therewithin) that confirmed the specific scenario of concern addressed by the confirmatory order issued on February 15, 2000, is no longer present.

Based on the enclosed Assessment of PCL Order Requirements (not publicly available due to classified information contained therewithin), the NRC staff has determined that the referenced confirmatory order may be withdrawn and that an adequate protective strategy remains in place to address additional scenarios of concern which are not the basis of the confirmatory order.

The strategy to address those additional scenarios of concern continues to be enforceable through commitments in licensing basis documents referenced by NRC license conditions. In accordance with 10 CFR 70.32(e) and 70.32(9) , BWXT NOG-L must request a license amendment for any change to a security plan (i.e., site physical protection plan , guard training and qualification plan , and safeguards contingency plan) that could cause a decrease in effectiveness, including to the physical protection program strategy. The enclosed Assessment of PCL Order Requirements can be used as a reference for assessing potential changes to a security plan .

When separated from the enclosure, this document is decontrolled.

SeCReT ReSTRICTeD DATA

SeCReT ReSTRICTeD DATA R.J . Freudenberger 2 For the reasons set forth in the enclosed staff assessment, the NRC has determined that there is good cause to withdraw the referenced confirmatory order because the specific scenario of concern addressed by the order is no longer present at BWXT NOG-L. Accordingly, effective immediately, the NRC is withdrawing the referenced confirmatory order for BWXT NOG-L.

The confirmatory order issued on February 15, 2000 , is not publicly available since it contains classified information. BWXT NOG-L must continue to protect this classified information in accordance with NRC regulatory requirements. BWXT NOG-L may destroy copies of the confirmatory order when no longer needed , per 10 CFR 95.47, "Destruction of matter containing classified information."

If you have any questions regarding this matter, please contact James Downs of my staff at 301-415-7744 or by email to James.Downs@nrc.gov.

J ctor Office rial Safety and Safeguards Docket No. 70-27 License No. SNM-42

Enclosure:

1.Assessment of PCL Order Requirements (Secret - Restricted Data) cc (w/o enclosure): bwxt@listmgr.nrc.gov SECRET RESTRICTED DATA

ML21308A032 OFFICE NMSS/DFM/FFLB NMSS/DFM/FFLB/LA NSIR/DPCP/MSB/BC NAME JDowns ELee ARivera DATE 11/02/2021 11/16/2021 11/16/2021 OFFICE NMSS/DFM/FFLB/BC NSIR/DPCP/DD NMSS/DFM/DD NAME JZimmerman SAtack SHelton DATE 11/18/2021 11/19/2021 11/22/2021 OFFICE OE/OD OGC-NLO NMSS/OD NAME MLombard NStAmour JLubinski DATE 11/02/2021 12/13/2021 03/14/2022