ML15044A047

San Onofre Nuclear Generating Station Units 2 and 3 and Independent Spent Fuel Storage Installation - Supplement 1 to Amendment Applications 264 and 249 Section 161A Preemption Authority

ML15044A047
Person / Time
Site:	San Onofre
Issue date:	02/10/2015
From:	Palmisano T J Edison International Co, Southern California Edison Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
EA-13-092
Download: ML15044A047 (14)

Text

J SOUTHERN CALIFORNIA EDISONAn EDISON INTERN4TIONALV CompanyThomas I. Palmisano Vice President

& Chief Nuclear OfficerSECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

February 10, 201510 CFR 50.9042 USC 2201aATTN: Document Control DeskU. S. Nuclear Regulatory Commission Washington D.C. 20555-0001

Subject:

Docket Nos. 50-361, 50-362 and 72-41Supplement I to Amendment Applications 264 and 249Section 161A Preemption Authority San Onofre Nuclear Generating Station Units 2 and 3 andIndependent Spent Fuel Storage Installation

References:

1)

Nuclear Regulatory Commission (NRC) Order EA-13-092 dated June 5,2013, subject "Issuance of Order Designating an Interim Class of NRC-Licensed Facilities that Are Eligible to Apply to the Commission forAuthorization to Use the Authority Granted Under the Provisions ofSection 161A of the Atomic Energy Act of 1954, as Amended andAssociated Federal Register Notice"2) Letter from D. R. Bauder (SCE) to Document Control Desk (NRC) datedAugust 28, 2013;

Subject:

Docket Nos. 50-361, 50-362 and 72-41,Amendment Applications 264 and 249, Section 161A Preemption Authority, San Onofre Nuclear Generating Station Units 2 and 3 andIndependent Spent Fuel Storage Installation

3) Letter from T. J. Palmisano (SCE) to Document Control Desk (NRC),dated May 15, 2014;

Subject:

Docket Nos. 50-361 and 50-362,Responses to Requests for Additional Information on FederalPreemption, San Onofre Nuclear Generating

Station, Units 2 and 3SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

This page decontrolled when separated from Enclosure 1P.O. Box 128San Clemente, CA 92672(949) 368-6575 PAX 86575Fax: (949) 368-6183Tom. Palmiisano@sce.com LAyo Document Control DeskFebruary 10, 2015SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

4) Letter from D. R. Bauder (SCE) to Document Control Desk (NRC) datedAugust 28, 2013;

Subject:

Docket Nos. 50-361, 50-362 and 72-41,Amendment Applications 264 and 249, Section 161A Preemption Authority, San Onofre Nuclear Generating Station Units 2 and 3 andIndependent Spent Fuel Storage Installation (Public Version);

ADAMSAccession No. ML13242A277

Dear Sir or Madam:

Order EA-13-092 (Reference

1) defined the interim class of NRC-licensed facilities thatare eligible to apply to the Commission for authorization to use preemption authority under Section 161A of the Atomic Energy Act of 1954, as amended (42 USC 2201a),and the process to be used for such application.

In accordance with Reference 1, Southern California Edison (SCE) applied pursuant to10 CFR 50.90 by letter dated August 28, 2013 (Reference

2) for Commission authorization to use Section 161 preemption authority under 42 USC 2201a. By letterdated May 15, 2014 (Reference

3) SCE responded to questions from the NRC relatedto Reference 2.This letter provides Supplement 1 to Reference

2. Enclosure 1, Attachment 3 ofReference 2 provided information on the specific impacts of existing and proposed Statelaws and regulations on possession, use or access to covered weapons.

A revisedversion of this information, with redline/strikeout

markings, is provided as Enclosure 1 tothis letter and replaces Enclosure 1, Attachment 3 of Reference 2 in its entirety.

Notethat the information in Enclosure 1 of this letter contains security-related information.

SCE requests that Enclosure 1 of this letter, which contains Security RelatedInformation, be withheld from public disclosure in accordance with 10 CFR 2.390(d)(1).

SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

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Document Control DeskFebruary 10, 2015SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

A public version of Enclosure 1, Attachment 3 of Reference 2 was submitted to the NRCon August 28, 2013 (Reference 4). The changes to Enclosure 1, Attachment 3 ofReference 2 provided as Enclosure 1 of this letter do not affect the information madepublic as part of Reference

4. On that basis, a revised public version of the information has not been provided.

Enclosure 2 to Reference 2 provided the Description and No Significant HazardsConsideration analysis for the proposed amendment.

SCE has updated this information (see Enclosure 2 of this letter) to include a proposed license condition forimplementation of Preemption Authority.

The Description has been updated, withredline strikeout

markings, and Attachments with the proposed license condition markuphave been added. Enclosure 2 of this letter replaces Enclosure 2 of Reference 2 in itsentirety.

SCE has determined that there are no changes to the conclusions of the nosignificant hazards considerations or the environmental consideration provided inReference 2.This letter does not contain any commitments.

If you have any questions or require additional information, please contact Ms. A. L.Sterdis at 949-368-9985.

I declare under penalty of perjury that the foregoing is true and correct.Executed on:-(Date)Sincerely, SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

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Document Control DeskFebruary 10, 2015SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

Enclosure 1:Enclosure 2:Revised Discussion of Specific Impacts of Existing and ProposedCalifornia State Laws and Regulations On Possession, Use or Access toCovered WeaponsRevised Evaluation of Proposed Change, Amendment Applications 264and 249Attachment A -Proposed License Condition

-Unit 2Attachment B -Proposed License Condition

-Unit 3cc: M. L. Dapas, Regional Administrator, NRC Region IVT. J. Wengert, NRC Project Manager, SONGS Units 2 and 3W. C. Allen, NRC Project Manager, SONGS ISFSIR. L. Kellar, NRC Region IV Branch Chief, Repository Spent Fuel SafetyS. Hsu, California Department of Public Health, Radiologic Health BranchSECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

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Enclosure 2Revised Evaluation of Proposed ChangeAmendment Applications 264 and 249SECURITY-RELATED INFORMATION Withhold from Public Disclosure in Accordance with 10 CFR 2.390(d)(1)

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JIENCLOSURE 21.0 SUMMARY DESCRIPTION Southern California Edison Company (SCE) is applying to the Commission forauthorization to use preemption authority under Section 161A of the Atomic Energy Actof 1954, as amended (42 USC 2201 a).2.0 DETAILED DESCRIPTION SCE's proposed amendments are for application to the Commission for authorization touse preemption authority under Section 161A of the Atomic Energy Act of 1954, asamended (42 USC 2201 a). Preemption authority is requested in accordance withCommission Order EA-13-092 dated June 5, 2013, subject "Issuance of OrderDesignating an Interim Class of NRC-Licensed Facilities that Are Eligible to Apply to theCommission for Authorization to Use the Authority Granted Under the Provisions ofSection 161A of the Atomic Energy Act of 1954, as Amended and Associated FederalRegister Notice".The NRC's approval of preemption authority for SONGS will be documented asdescribed in a proposed license condition.

See Attachments 1 and 2 to this Enclosure for the proposed license condition for Units 2 and 3, respectively.

3.0 TECHNICAL EVALUATION The proposed change is procedural and administrative rather than technical.

Nomodification to, or change in operation of, any plant structure, system or equipment orany security structure, system or equipment in San Onofre Nuclear Generating Station(SONGS) Units 2 and 3 and Independent Spent Fuel Storage Installation (ISFSI) areinvolved.

The proposed change would allow SCE to maintain possession, use and access ofcovered weapons for physical security of SONGS Units 2 and 3 and ISFSI inaccordance with Commission regulations, notwithstanding local, state and Federalfirearms laws (and implementing regulations) to the contrary.

Covered weapons, asdefined in 74 FR 46800, September 11, 2009 "Firearms Guidelines",

include semi-automatic assault rifles, handguns, large capacity ammunition feeding devices, andammunition for such weapons.4.0 REGULATORY EVALUATION 4.1 Applicable Regulatory Requirements/Criteria The requirements for physical protection of licensed activities in nuclear power reactorsagainst radiological sabotage are delineated in 10 CFR 73.55. The generalPage 2 of 5SECURITY RELATED INFORMATION Withhold from Public Disclosure In Accordance with 10 CFR 2.390(d)(1)

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ENCLOSURE 2performance objective and requirements for physical protection are defined in 10 CFR73.55(b)(1).

The performance objective is high assurance that activities involving special nuclear material are not inimical to the common defense and security and do notconstitute an unreasonable risk to the public health and safety. To satisfy the generalperformance objective, the physical protection program must be designed to preventsignificant core damage and spent fuel sabotage for threats up to and including thedesign basis threat of radiological sabotage defined in 10 CFR 73.1 at all times.The requirements for physical protection of general licensed storage of spent fuel atpower reactor sites are delineated in 10 CFR 72.212(b)(9),

which requires that thelicensee protect the spent fuel against the design basis threat of radiological sabotagein accordance with the same provisions and requirements as are set forth in thelicensee's physical security plan pursuant to 10 CFR 73.55, with additional conditions and exceptions identified in 10 CFR 72.212(b(9)(ii) through (vi).4.2 No Significant Hazards Consideration Southern California Edison (SCE) has evaluated whether or not a significant hazardsconsideration is involved with the proposed amendments by focusing on the threestandards set forth in 10 CFR 50.92, "Issuance of Amendment",

as discussed below:1. Does the proposed change involve a significant increase in theprobability or consequences of an accident previously evaluated?

Response:

No.The proposed change is an application to the Commission for authorization touse preemption authority under Section 161A of the Atomic Energy Act of 1954,as amended (42 USC 2201 a), which is solely related to procedural andadministrative matters of physical security.

The application is required tomaintain high assurance for the physical protection program at San OnofreNuclear Generating Station (SONGS) to prevent significant core damage andspent fuel sabotage.

The proposed change will not affect the probability of any accident initiators because it does not affect any plant systems or the manner in which the plant isoperated.

There will be no change to accident mitigation performance since none of thesystems that mitigate accidents are changed.

Equipment credited for accidentmitigation is not affected by the proposed change, and operation will remainwithin the bounded assumptions of the Updated Final Safety Analysis Report(UFSAR) analysis.

The proposed change will not alter any assumptions orPage 3 of 5SECURITY RELATED INFORMATION Withhold from Public Disclosure In Accordance with 10 CFR 2.390(d)(1)

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ENCLOSURE 2change any mitigation actions in the radiological consequence evaluations in theUFSAR.Therefore, the proposed changes do not involve a significant increase in theprobability or consequences of an accident previously evaluated.

2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

Response:

NoThe proposed change is solely related to procedural and administrative mattersof physical security.

The proposed change does not change any plant systems or the method ofoperating the plant. Also, the proposed change will not introduce any adversechanges to the plant design basis or postulated accidents.

The proposed changedoes not adversely affect the method of operation of any plant system and doesnot impact any plant systems or components.

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

3. Does the proposed change involve a significant reduction in a margin ofsafety?Response:

NoThe proposed change is solely related to procedural and administrative mattersof physical security.

The proposed change will not reduce any margins of safety.Therefore, this change has no impact on any parameter that would affect adesign basis limit for a fission product barrier, and there would be no impact onany margin of safety.Therefore, the proposed changes do not involve a significant reduction in amargin of safety.Based on the above, SCE concludes that the proposed amendments present nosignificant hazards consideration under the standards set forth in 10 CFR 50.92(c),

andaccordingly, a finding of no significant hazards consideration is justified.

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ENCLOSURE 24.3 Conclusions 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 inthe proposed manner, (2) such activities will be conducted in compliance with theCommission's regulations, and (3) the issuance of the amendments will not be inimicalto the common defense or security or to the health and safety of the public5.0 ENVIRONMENTAL CONSIDERATION A review has determined that the proposed amendment relates solely to safeguards matters (i.e., protection against sabotage),

does not involve any construction impacts,and the proposed amendment and approvals are confined to procedural andadministrative matters.

Accordingly, the proposed amendments meet the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(12).

Therefore, pursuant to10 CFR 51.22(b),

no environmental impact statement or environmental assessment need be prepared in connection with this proposed amendment.

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ENCLOSURE 2Attachment 1Proposed License Condition MarkupUnit 2SECURITY RELATED INFORMATION Withhold from Public Disclosure In Accordance with 10 CFR 2.390(d)(1)

NOTE: This Attachment decontrolled when separated from Enclosure 1 E. SCE shall fully implement and maintain in effect all provisions ofthe Commission-approved physical

security, training andqualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.5551 FR 27817 and 27822) and to the authority of 10 CFR 50.90 andI0 CFR 50.54(p).

The combined set of plans which containSafeguards Information protected under 10 CFR 73.21 is entitled:

"San Onofre Nuclear Generating Station Security, Training andQualification and Safeguards Contingency Plan Revision 2"submitted by letter dated May 15, 2006. SCE shall fully implement and maintain in effect all provisions of the Commission-approved cyber security plan (CSP), including changes made pursuant to theauthority of 10 CFR 50.90 and 10 CFR 50.54(p).

The SONGS CSP wasapproved by License Amendment 225.Pursuant to NRC's Order EA-13-092, dated June 5, 2013, NRC reviewedand approved the license amendment

[Amendment number] thatpermitted the security personnel of the licensee to possess and usecertain specific

firearms, ammunition, and other devices, such aslarge-capacity ammunition feeding devices, notwithstanding local,State, and certain Federal firearms laws that may prohibit suchpossession and use.F. This license is subject to the following additional condition forthe protection of the environment:

Before engaging in activities that may result in a significant adverse environmental impact that was not evaluated or that issignificantly rgeater than that evaluated in the FinalEnvironmenta1 Statement SCE shall provide a written notification of such activities to the NRC Office of Nuclear Reactor Regulation and receive written approval from that office before proceeding with such activities.

G. DELETEDH. SCE shall notify the Commission, as soon as possible but not laterthan one hour, of any accident at this facility which could resultin an unplanned release of quantities of fission products in excessof allowable limits for normal operation established by theCommission.

I. SCE shall have and maintain financial protection of such type andin such amounts as the Commission shall require in accordance withSection 170 of the Atomic Energy Act of 1954, as amended, to coverpublic liability claims.Amendment No. XXX I J. This license is effective as of the date of issuance and shallexpire at midnight on February 16, 2022.FOR THE NUCLEAR REGULATORY COMMISSION Original Signed byHarold R. DentonHarold R. Denton, DirectorOffice of Nuclear Reactor Regulation

Enclosures:

1. Appendix A (Technical Specifications)

2. Appendix B (Environmental Protection Plan)3. Appendix C (Antitrust Conditions)

Date of Issuance:

FEB 16 1982* On September 29, 1983, the Safeguards Contingency Plan was made aseparate, companion document to the Physical Security Plan pursuant tothe authority of 10 CFR 50.54.Amendment No. XXXRevised by letter date.. July 26, 2007 SECURITY RELATED INFORMATION Withhold from Public Disclosure In Accordance with 10 CFR 2.390(d)(1)

ENCLOSURE 2Attachment 2Proposed License Condition MarkupUnit 3SECURITY RELATED INFORMATION Withhold from Public Disclosure In Accordance with 10 CFR 2.390(d)(1)

NOTE: This Attachment decontrolled when separated from Enclosure 1 Report. These exemptions are authorized by law and will not endangerlife or property or the common defense and security and are otherwise in the public interest.

Therefore, these exemptions are herebygranted.

The facility will operate, to the extent authorized herein,in conformity with the application, as amended, the provisions of theAct, and the regulations of the Commission.

E. SCE shall fully implement and maintain in effect all provisions of theCommission-approved physical

security, training and qualification, andsafeguards contingency plans including amendments made pursuant toprovisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The combined set of plans, whichcontain Safeguards Information protected under 10 CFR 73.21 isentitled:

"San Onofre Nuclear Generating Station Security, Trainingand Qualification, and Safeguards Contingency Plan, Revision 2"submitted by letter May 15, 2006. SCE shall fully implement andmaintain in effect all provisions of the Commission-approved cybersecurity plan (CSP), including changes made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The SONGS CSP was approved byLicense Amendment 218.Pursuant to NRC's Order EA-13-092, dated June 5,2013, NRC reviewed andapproved the license amendment

[Amendment number] that permitted thesecurity personnel of the licensee to possess and use certain specificfirearms, ammunition, and other devices, such as large-capacity ammunition feeding devices, notwithstanding local, State, and certainFederal firearms laws that may prohibit such possession and use.F. This license is subject to the following additional condition for theprotection of the environment:

Before engaging in activities that may result in a significant adverseenvironmental impact that was not evaluated or that is significantly greater than that evaluated in the Final Environmental Statement, SCEshall provide a written notification of such activities to the NRCOffice of Nuclear Reactor Regulation and receive written approval fromthat office before proceeding with such activities.

G. DELETEDH. SCE shall notify the Commission, as soon as possible but not laterthan one hour, of any accident at this facility which could result inan unplanned release of quantities of fission products in excess ofallowable limits for normal operation established by the Commission.

I. SCE shall have and maintain financial protection of such type and insuch amounts as the Commission shall require in accordance withSection 170 of the Atomic Energy Act of 1954, as amended, to coverpublic liability claims.On September 29, 1983, the Safeguards Contingency Plan was made a separate, companion document to the Physical Security Plan pursuant to the authority of 10 CFR 50.54.Amendment No. XXX