ML20199L083

Forwards Exemption Request,List of Exemptions & Defueled Security Plan,Reflecting Substantially Reduced Radiological Risk of Permanently Shutdown Plant W/Reactor Permanently Defueled.Defueled Security Plan Withheld

ML20199L083
Person / Time
Site:	Maine Yankee
Issue date:	11/25/1997
From:	Zinke G Maine Yankee
To:	NRC (Affiliation Not Assigned)
References
GAZ-97-10, MN-97-127, NUDOCS 9712010279
Download: ML20199L083 (17)

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MaineYankee

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RELLAHLt ELECTRr.lTY FOR MAINE $1NCf 1972 Ro Box 408. WIScASSET. MAINE 04578. (207) 882E 11 November 25,1997 MN-97-127 GAZ-97-10 UNITED STATES NUCLEAR REGULATORY COMMISSION Director of Nuclear Reactor Regulation Washington, DC 20555

References:

(a)

License No. DPR-36 (Docket No. 50-309)

(b)

Letter: M. B. Sellman to USNRC; Certifications of Permanent Cessation of Power Oper9 tion and Permanent Removal of Fuel from the Reactor; MN 97-89, dated August 7,1997

Subject:

Defueled Securny Plan and 10CFR73.1 and 10CFR73.55 - Exemption Request Gentlemen:

Maine Yankee is pleased to submit the Maine Yankee Defueled Security Plan. The Defueled f

Security Plan (Attachment III) specifically reflects the substantially reduced radiological risk of the permanently shutdown plant with the reactor permanently defueled. The basis for the substantially reduced risk has been independently assessed by Sandia Laboratories. We have determined, consistent with Maine Yankee's permanently defueled status, that the changes to the Security Plan, as modified by the exemption requests discussed below, do not decrease the effectiveness of the Plaa.

In Reference (b), Maine Yankee informed the USNRC that the Be -d of Directors of Maine Yankee had decided to permanently cease operations at the Mauc i ankee Plant and that the fuel had been pennanently removed from the reactor. in accordance with 10CFR50.82(a)(2),

the certifications in the lette modified the Maine Yankee license to permanently wittJraw Maine Yankee's authority to operate the reactor and to load fuel in the reactor vessel. In this permanently shutdown condition, the plant poses a significantly reduced risk to the public health and safety. In view of this reduced risk, certain requirements of 10CFR73.1 and 10CFR73.55 are no longer appropriate. Therefore, Maine Yankee is requesting an

- exemption to certain requirements of 10CFR73.1 and 10CFR73.55.

Approval of the exemption request will allow Maine Yankee to discontinue certain aspects of the security plan which are no longer relevant to a defueled facility.

01C030 Maine Yankee has determined that selected security plan activities required for compliance with 10CFR73.1 and 10CFR73.55 would not serve the underlying purpose of the rule and would present an undue financial and administrative hardship. Therefore, a request for exemption from certain requirements of 10CFRL.1 and 10CFR73.55 is enclosed as Attachments 1 and II tnJhis letter H

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MaineYankee UNITED STATES NUCLEAR REGULATORY COMMISSION GAZ-97-10 Attention: Document Control Desk Page Two 9

The Defueled Security Plan has been ruiewed by the Plant Operations Review Committee (PORC).

Maine Yankee requests approval of the proposed exemptions by March 1,1998 so that the appropriate actions can be taken to implement the Defueled Security Plan as soon thereafter

.as possible. Please contact Ethan Brand or me should you have any questions or desire additionalinformation.

Attachment Ill (Defueled Security Plan) to this letter contains SAFEGUARDS INFORMATION of a type specified in 10 CFR 73.21 and shall be protected against unauthorized enclosure.

When :.:parated from Attachment III, this letter may be decontrolled.

We will shortly be scheduling a meeting to discuss this exemption request.

Ve<y truly yours, George A. Zinke, Manager Regulatery Affairs Department Attaciunent I-Exemption Request from 10CFR73.1 and 10CFR73.55 11-List of Exemptions to 10CFR73.1 and 10CFR73.55 addressed by Exemption Request 111-Defueled Security Plan (SAFEGUARDS INFORMATION)

Document Control Desk (Letter and Attachment I and II) c:

Mr. Hubert Miller (Letter and Attachment I and II)

Mr. R. A. Rasmussen (Letter and Attachment I and II)

Mr. Michael Webe F etter and Attachment I and II)

Mr. Patrick J. Dostie (Letter and Attachment I and II)

Mr. Uldis Vanags (Letter and Attachment I and II)

Mr. G. Van Noordennen (CY) (Letter and Attaclunent I and II)

Maine Yankee Community Advisory Panel (Letter and Attaclunent I and II)

ATTACHMENTI REQUEST FOR EXEMPTION FROM TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, PART 73.1 and 73.55 1.

REQUEST FOR EXEMPTION:

Maine Yankee hereby requests exemption fiam certain requirements of 10CFR73.1 and 10CFR73.55 for the security plan of a nuccar power reactor Maine Yankee has decided to permanently cease operation of the Maine Yankee Plant. " Certification of Permanent Cessation of Operation and Removal of Fuel from the Reactor Vessel" has been docketed in accordance with 10CFR50.82. Certain requirements in 10CFR73.1 and 10CFR73.55 are no longer appropriate in the defueled plant condition. The specific portions of 10ClR73.1 and 10CFR73.55 which do not apply to the defueled plant condition are described in 1.

II.

BACKGROUND:

On August 7,1997, Maine Yankee submitted " Certifications for Permanent Cessation of Power Operation and Permanent Removal of Fuel from the Reactor" pursuant to 10CFR50.82(a)(1)(i) and (ii). With the docketing of this submittal, Maine Yankee was no longer authorized to operate the reactor or to place fuel in the reactor vessel in accordance with 10CFR50.82.

In the defueled condition, there are no longer any credible design basis accidents associated with an operating plant from startup through full power operation. The design basis accidents relative to a defueled facility are a small sub,,:t of those considered for.an operating facility. This subset of design basis accidents would include the following: Fuel Handling Incident, Spent Fuel Cask Drop, and Radioactive Liquid Waste System Leaks and Failures.

The Radioactive Liquid Waste System leaks and failures is the most limiting design basis accident. The postulated off-site whole body dose from the maximum assumed release from the radioactive liquid waste system is rr.uch less than the Part 100 limits at the site boundary.

With over ten months of decay since the plant was shut down (December 6,1996), the potential source term associated with the remaining design basis accidents or radiological sabotage is decreasing. Maine Yankee presently estimates that a beyond design basis event (the so-called zirconium fire scenaria) or a design basis radiological sabotage event which l

would excead Part 100 limits at the: site boundary would no longer be possible in le near future. This estim:te will be confrmed prior to implementing the Defueled Security Plan.

The Defueled Security Plan establis'aes the security.esponse capability which is appropriate once a significant radiological release due to radiological sabotage is no longer credible.

III. JUSTIFICATION FOR GR ANTING THE EXEMPTION REQUEST Maine Yankee will be modifying tae design of the Spent Fuel Pool Cooling and the Support Systems. The intent of these modifications is to create an independent Spent Fuel Pool island to both facilitate decommissioning the remainder of the plant, and simplify the cooling and supports infrastructure for the Spent Fuel Pool. The new Spent Fuel Pool cooling and support systems will be classified as "non-nuclear safety".

This independent Spent Fuel Poolisland will be similar to a facility which could be licensed under 10CFR72 " Licencing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Weste". As such, many of the Security Plan features are derived from the requirements of Part 72.

Sandia National Laboratories has performed an independent radiological sabotage threat analysis for the proposed independert spent fuel poolisland. This threat analysis forms the basis for the new Defueled Security Plan.

This analysis is SAFEGUARDS INFORMATION; a final report is expected to be available for NRC inspection early in December,1997.

The specific requirements for granting exemptions from Part 73 regulations are set forth in 10CFR73.5. Section 73.5, states "The Commission may, upon application of any interested 1

person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property of the common defense and security, and are otherwise in the public interest. The following justification addresses each of these requirements and demonstrates that the Commission should grant the requested exemption".

The underlying purpose of 10CFR73.1 and 10CFR73.55 (as stated in 10CFR73.l(a)) is to provide reasonable assurance that adequate security measures can be taken in the event of an act of radiological sabotage. In the permanently defueled plant condition, the risk associated with the plant has been significantly reduced. Radiological releases from radiological sabotage would not :redibly result in Part 100 limits being neceded at the site boundary. Maine Yankee expects to complete, by December 1997, a site specific analysis of the susceptibility ofits spent fuel to an accidental radiological release in the event that the spent fuel pool is drained. Once this zirconium fire scenario' is assessed, we expect that the scope of the response can be reduced. The security re.;ponse is described in the Defueled Security Plan. The Defueled Security Plan provides reasonable assurance that adequate secuQv measures will be taken for the defueled plant condition. Therefore, requiring Maine Yankee to comply with certain requirements of 10CFR73.1 and 10CFR73.55 would not serve the underlying purpose of the rule.

In addition, the significant costs involved v.ith security activities associated with compliance with 10CFR73.1 and 10CFR73.55 outweigh the potential benefits. Because Maine Yankee is a permanently shutdown facility and no longer possesses a license authorizing reactor en: ration or placement or retention of fuel in the reactor, the limited resources at the site are dedicated to the safe ;,torage of fuel and the preparations for decommissioning of the facility.

The costs involved in complying with certain requirements of 10CFR73.1 and 10CFR73.$5 would result in inefficient use of Maine Yarkee resNrces. Therefore, Maine Yankee's compliance with certain requirements of 10CFR73.1 ann 10CFR73.55 would result in undue financial and administrative hardship to Maine Yankee, its owners and their ratepayers.

' Mindful of the effects on other plants yet to be decommissioned, it is important to note that Maine Yankee has undertaken the zirconium fire analysis as a matte of expediency rather than a matter of regulatory complianee. Maine Yankee believes that a zirconium fire is outside the plant's licensmg basis, is of sufficiently low probability as to fail the Backfit Rule test, and is an inappropriate basis for security planning. Since Maine Yankee has been shut down since December,19% the period of applicability of a zirconium fire is near complet. In order to avoid regulatory delays in processing the security plaaning exemption requests, which can be implemented early in 1998, the zirconium fire analysis is presently underway.

Over a dozen power reactors have been permanently shut down and entered the decommissioning process.

When the NRC promulgated the security requirements (10CFR73.1 and 10CFR73.55), it was not envisioned that nuclear power plants would shut down and enter decommissioning prematurely before the end of their operating license.

NRC has acknowledged that the provisions of the current regulations do not provide clear guidance relative to the reduction of security requirements for permaneritly shut down plants.

NUREG-1497, " Interim Licensing Criteria for Physical Protection of Certain Storage of Spent Fue!", issued 11/94, and Proposed Rule hiaking to 10CFR Parts 60, 72,73 and 75 (60 FR 42079, published 8/15/95) both contain discussion relative to the lack of clear regulatory guidance provided for the security requirements for pennanently shut down power reactors.

As explained herein, the hiaine Yankee plant, in its permanently shut down and defueled conttian, poses a significantly reduced risk to the public health and safety. Certain requirements of 10CFR73.1 and 10CFR73.55 are no longer appropriate for which these exemption requests are submitted.

Reducing security requirements for permanently shutdown miclear plants would result iu a significan; cost savings to licensees. Since the cost for security planning requirements are ultimately borne by the public rate payers, it would be in the public interest for the NRC to grant the requested exemption.

IV. CONCLUSION hiaine Yankee has concluded that the requested nemptions from 10CFR73.1 and 10CFR73.55 is justified. It is authorized by law, will act present undue risk to the public health and safety, and is consistent with the common defense and security. Such an exemption meets the requirements of 10CFR73.5 in that maintainng security requirements meeting all of the standards of 10CFR73.1 and 10CFR73.55 in the defueled plant condition does not serve the underlying purpose of the rule.

V. ENVIRONhiENTALIMPACT Pursuant to the provisions of 10CFR73.5, Maine Yankee is requesting exemption to certain rquirements of 10CFR73.1 and 10CFR73.55, which contains requirements for physical protection of nuclear power reactors against radiological sabotage. The proposed exemption does not affect the type er quantity of radioactive or non-radioactive effluents and does not have a significant impact on the environment.

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ATTACHMENT 11 DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

Maine Yankee has decided to permanently cease operation of the Maine Yankee Plant.

" Certification of Permanent Cessation of Operation and Removal of Fuel from the Reactor Vessel" ha; been docketed in accordance with 10CFR50.82.

The requirements in 10CFR73.1 and 10CFR73.55 to Part 73 are no longer appropriate in the defueled plant condition. Exemptions to 10CFR73.1 and 10CFR73.55 which are inherent is the Maine Yankee Defueled Security Plan are described below.

REQUIREMENT PLAN BASIS 73.1 Purpose and scope.

Exemptionis being requested for (a)(1)s'!)(E) Land vehicles used for transportmg personnel and their hand-the vehicle threat requme" carried equipment; The vehicle threat is not considered a credible threat to the Spent Fuel Pool due to its design. (Reference Proposed Rule Making 60 FR 42079, published 8/15/95, page 2).

10CFR73.l(a) Purpose and scope also specifically excludes the vehicle threat for Part 72 familities.

73.55 Requirements for physical protection oflicensed acti$ities in Title nuclear power reactors against radiological sabotage.

By Dec. 2,1986 each licensee, as appropriate, shall submit proposed No exemptionis being requested amendments to its secunty plan which derme how the amended for this requirement.

requirements of paragraphs (a), (d)(7), (d)(9), and (e)(1) will be met. Each submittal nwst include a proposed implementation schedule for Commission approval. The amended safeguards requirements of these paragraphs must be implemented by the licensee within 180 days after Commission approval of the proposed security plan in accordance with the approved schedule.

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)EFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55, (a) General performance objective and requirements. The lixnsee shall Exemption is being requested for establish and maintain an onsite physical protectica system and secunty the requirement for a licensed organization which will have as its objective to provide high assurance senior operator to suspend that activities invohing special nuclear material are not inimical to the safeguards measures. This cornmon defense and security and do not constitute an unreasonable risk authority will be exercised by a to the public health and safety. The physical protection system shall be certified fuelhandler designed to protect against the de vp basis threat of radiological sabotage (10CFR50.54(y)). Maine Yankee as stated in '73.l(a). To achieve this general performance objective, the willbe eliminating the need for onsite physical protection system and security organization must include, Licensed Operators. The regulatory but not necessarily be limited to, the capabilities to meet the specific exemption alic.ng this is expected requirements contained in paragraphs (b) through (h) of th$ section. The to be approved early in December, Commission may authorize an applicant or licent to provide measures 1997.

for protection against radiological sabotsge other than those required by

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this section if the applicant or licensee demonstrates that the measures have the same high assurance objective as specified in this paragraph and that the overall level of system performance provides protection against radiological sabotage equivalent to that which would be prmided by paragraphs (b) through (h) of this section and meets the general performance requirements of this section. Specifically, in the special cases oflicensed operating reactors with adjacent reactor power plants under construction, the licensee shall provide and maintam a level of physical protection of the operating reactor against radiological ssbotage equivalent to the requirt ments of this section. In accordance with j

"'50.54(x) and 50.54(y) of part 50, the licensce may suspend any safeguards measures pursuant to '73.55 in an emergency when this action is immediately needed to protect the public health and safet) and no action consistent with license conditions and technical specification thct can provide adequate or equivalent protecthn is immediately apparent.

This suspension must be approved as a minimum by a licensed senior cperator prior to taking the action. The suspension of safeguards measures must be reported in accordance with the prosisions of"73.71. Repons made under '50.72 need not be duplicated under '73.71.

(b) Physical Security Organization (i)

No exemption 5 being taken for these requirements.

(2) At least one full ume member of the security organizanon who has the No exemption is being taken for authority to direct the physical protection activities of the security this requirement.

organization shall be onsite at all times.

(3) The licensee shall have a management system to provide for the No exemption is being requested development, revision, implementation, and enforcement of security for this requirement.

procedures. The system shall include:

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ATTACHMENT II

)EFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.f.5.

i (i) Written security procedures that document the struc*ure of time security No exemptionis being requested orgamzation and detail the di. ties of guards, wathmen, and other for this requirement.

individuals responsible for security. The licensee shant maintain a con of the current procedures as a record until the Commission terminates each license for which the procedures were developed and,if any portion of the procedure is superseded, retain the suocrseded material for three years after each change (ii) Provision for written approval of these procedures ami any misions No exemptionis being requested to the procedures by the individual with overall responsibility for the for this requirement, security functinns. The licensee shall retain each written approval as a record for three years from the date of tbc appal.

1 (4)(i) The licensee may not permit an individual to act as a guard, No exemptionis being requested watchman anned response person, or other member of the security for this requirement.

organization unless de individuel has been trained, equipped, and qualified to perform each assigned securityjob duty in accordance with append.x B, " General Cri'eria for Security Personnel,' to this part. Upon the request of an authorized repremntative of the Commission, the licensee shall demonstrate the ability of the physical security prsonnel to carry et their assigned duties and resporaibilities. Each guard, wi tenman, armed response person, and other member of the security es mization shall requalify in accordance with appendix B to this part at least every 12 months. This requalification must be documented. The liceme.e shall retain the documentation of each requalification as a record for three years after the requalification.

(ii) Each licensee shah establish, maintain, and follow an NRC-approved No exemptionis being requested training and qualifications plan outlinMg the prw by whidi guards, for this requirement.

watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and qualified to ensure that th:sc individuals meet the requirements of this paragraph. The licensee shall maintain the current training and qualifications plan as a

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tt ord until the Commission terminates the license for which the plan was developed and, if sny portion of the plan is superseded, retain that superseded portion for 3 years after the effective date of the change. The trauung and qualifications plan must include a schedule to show how all security personnel will be qualified 2 years after the submitted plan is appruv;d The trainmg and qualifications plan must be followed by the licensee 60 days after the submitted plan is approved by the NRC.

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ATTACHMENTII DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

(c) Physical baniers. (1) The licensee shall locate vital equipment only No exemption is being requested within a vital area, which in turn, shall be located within a protec*ed area for this requirement. (Maine such that access to vital equipment requires passage through at least two Yankee no longer has any " vital physical barriers of sufIicient strength to meet the performance equipment", therefore this section requirements of paragraph (a) of this section. More than one vital area does not apply.)

may be located within a single protected area.

(2) The physical barriers at the perimeter of the protected area shall be No exemption is being requested separated from any other barrier designated as a physical barrier for a for this requirement.

vital area within the protected area.

(3) Isolation zones shall be maintained in outdoor areas adjacent to the Exemption is being requested for physical barrier at the perimeter of the protected area and shall be of the isolation zone. Due to the threat sufficient size to permit observation of the activi'ies of people on either analysis, Maine Yankee will not side of that barrier in the event ofits penetration. If parking facilities are have an isolation zone.

provided for employees or visitors, they shall be located outside the isolation zone and exterior to the pmtected area barrier.

(4) Detection of penetration or attempted penetration of the protected area No exemption is being requested or the isolatica zne adjacent to the p atected area barrier shall assure that for this requirement.

adequate response by the security organization can be initiated. All exterior areas wittua the protected area shall be periodically checked to detect the presence of unauthonzed persons, vehicles, or materials.

(5) Isolation zones and all exterior areas within the orotected area shall be Exemption is being requested for provided with illumination suflicient for the monitoring and observation the isolation zone. Due to the threat requirements of paragraphs (c)(3), (c)(4), and (h)(4) of this section, but analysis, Maine Yankee will not not less than 0.2 foot candle measured honzontally at ground level.

have an isolation zone.

(6) The walls, doors, ceiling, floor, and any windows in the walls and in Exception is being requested for the the doors of the reactor control room shall be bullet-resisting.

bullet-resisting requirement for the design of the Control Room. Due to the threat analysis, the Control Room need not be bullet-resisting constniction.

(7) Vehicle control measures, includirg whicle barier s) ems, must be Exemptionis beir. requested for established to pmtect against use of a land vehicle, as specified by the the vehicle threat requiement.

Commission, s a means of transportation to gain unauthorized proximity The vehicle threat is not considered to dtal r mas.

a credible threat to the SFP due to its design.

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ATTACHMENT II

- A DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

(8) Each licensee shall compare the vehicle control measures established Eumption is being requested for in accordance with 10 CFR 73.55 (c)(7) to the Comnussion's design goals the whicle threat requirement.

(i.e., to protect equipment, systems, devices, or material, the failure of The vehicle threatis not considered which could directly or indirectly endanger public health and safety by a credible threat to the SFP due to exposure to radiation) and criteria for pro'ection against a lend vehicle its design.

bomb. Each licensee shall either:

(i) Confirm to the Comnussion that the vehicle control measures meet the Exemptionis being requested for design goals and criteria specified, or the vehicle threat requirement.

The vehicle threatis not considered a credible threat to the SFP due to its design.

(u) Propose alternative measures, in addition to the measures establislwd Exemptionis being requeted for in accordance with 10 CFR 73.55 (c)(7), describe the level of protection the vehicle threat requirement.

that these measures wauld provide against a !and vehicle bomb, and The vehicle threatis not considered compare the costs of the alternative measures with the costs of measures a credible threat to the SFP due to necessary to fully meet the design goals and criteria. The Comnussion its design.

will approve the proposed attemative measures if they provide substantial pmtection ageinst a land vehicle bomb, and it is detemuned by an analysis, using the essential elements of 10 CFR 50,109, that the costs of fully meeting the design goals and criteria are notjusdfied by the added protection that would be provided.

(9) Each licensee authorized to operate a nuclear power reactor shal.1:

No exemptionis being requested for this requirement, Maine Yankee is not autharized to operate the reactor, therefore this requirement (9)is not applicable.

(i) Dy February 28,1995 submit to the Commission a summary No exemption is b-ing requested description of the proposed vehicle control measures as required by 10 for this requirement, Maine Yankee CFR 73.55 (c)(7) and the results of the vehicle bomb comparison as is not authorized to operate the required by 10 CFR 73.55 (c)(8) For licensees who choose to propose reactor, therefore this requirement -

alternative measures as provided for in 10 CFR 73.55 (c)(8), the proposal (9)is not applicable.

must be submitted in accordance with 10 CFR 50.90 ar.d include the analysis and justification for the proposed altematives.

(ii) By February 29,1996 fully implement the required vehicle control No exemption is being requested measures, including site-specific alternative measures as approved by the for this requirement, Maine Yankee Commusion.

is not authorized to operate the reactor, therefore this requirement (9)is not applicable.

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i ATTACHMENT II DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55, (iii) Protect as Safeguards Information, information required by the No exemptionis being requested Commission pursuant to 10 CFR 73.55(c) (8) and (9).

for this requirement, Maine Yankee is not authonzed to opeste the reactor, therefore this requirement (9)is not applicable.

(iv) Retain, ia accordance with 10 CFR 73.70, all comparisons and No exemptionis being requested analyses prepared pursuant to 10 CFR 73.55 (c)(7) and (8).

for this reqmrement, Maine Yankee is not authonzed to operate the reactor, therefore this requirement (9)is not applicable.

(10) Each applicant for a license to operste a nuclear powe reactor No exemptionis being requested pursuant to 10 CFR 50.21(b) or 10 CFR 50.22, whose application was for this requirement, Maine Yankee submitted prior to August 31,1994, shall incorporate the required vehicle is not authorized to operate the control program into the site Physical Security Plan and implement it by reactor, therefore this requirement the date of receipt of the operating license.

(9)is not applicable.

(d) Access Requirements. (1) The licensee shall control all points of Exemption is being requested for personnel and vehicle access into a protected area. Identificatica and the requirement to perform the search of all individuals unless otherwise provided herein must be made search function through the use of and authorization must be checked at these points. The search function for detecting equipment. All searches detection of firearms, explosives, and incendiary devices must be will be hands on only.

accomplished through the use of both firearms and explosive detection equipmen,t capable of detecting those devices, The licensee must subjed Exemptionis also being requested all persons except bona fide Federal, State, ano local law enforcement for bullet-resisting structure due to personnel on official duty to these equipment searches upon entry into a reduced threat.

protected area. When the licensee has cause to suspect that an individual is attempting to introduce firearms, explosives, or incendiary devices into protected areas, the licensee shall conduct a physical pat-down search of that individual. Whenever firearms or explasives detectionquipment at a portal is out of service or not operating satisfactorily, the licensee shall conduct a physical pat-down search of all persons who would otherwise have been subject to equipment searches. The individual responsible for the last access control function (contmiling admission to the protected area) must be isolated within a bullet-resisting structure as described in paragraph (c)(6) of this section to assure Ips or her ability to respond or.o summon assistance. By Dec. 2,1986 each li:ensee shall submit revisions to its security plan which derme how the fmal search requirements of this paragraph will be met. The fmal search requirements of this package must be implemented by the licensee within 60 days after Commission 1

approval of the proposed security plan revisions.

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ATTACHMENT 11

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DEFUELED SECURITY PI.AN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

(2) At the point of personnel and vehicle access into a protected area, all No exemption is being requested hand-cwtied packages shall be searched for devices such as firearms, for this requirement.

explosives, and incendiary devices, or other items which could be used for radiological sabotage.

(3) All packages and material for delivery into the protected area shall be No exemption is being requested checked for nroper identification and authorization and searched for for this requirement.

devices such as firearms, explosives and incendiary desices or other items which could be used for radiological sabotage, prior to admittance into the protected area, except those Commission approved delivery and inspection activities specifically designated by the licensee to be carried out within vital or protected areas for reasons of safety, security or operational necessity.

(4) All vehicles, except under emergency conditions, shall be searched for No exemption is being requested items which could be used for sabotage purposes ptior to entn into the for this requirement.

protected area. Vehicle areas to be searched shall include the cab, engine compartment, undercarriage, and cargo area. All whicles, except designated licensee vehicles, requiring entry into the protected area shall be escorted by a member of the secunty organization while within the protected area and, to the extent practicable, shall be offloaded in the protected area at a specific designated materials receiving area that is not adjacent to a vital area. Designated licensee vehicles shall be limited in their use to onsite plant functions vnd shall remain in the protected area except for operational, maintenance, repair security and emergency purposes. The licensee shall exercise positive control over all such designated vehicles to assure that they are used only by authorized per=ons and for authorized purposes.

(5) A numbered picture badge identification system shall be used for all No exemption is being requested it.dividuals who are authorized access to protected areas without escort, for this requirement.

An indisidual not employed by the licensee but who requires frequent and extended access to protected and vital areas may be authorized access to such areas without escort provided that he receives a picture badge upon entrance into the protected area which must be returned upon exit from the protected area and which indicates: (i) Non-employee-no escort required, (ii) areas to which access is authorized and (iii) the period for which access has been authonzed. Badges shall be displayed by all individua's while inside the protected area.

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ATTACHMENT II

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DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFk73.55.

(6) Individuals not authorized by the licensee to enter protected areas No exemption is being requested without escort shall be escorted by a watchman or other individual fer this requiremer.t.

designated by the licer.see while in a protected area and shall be badged to indicate that an caoort is required. In addition, the licensee shall require that each individual register his or her name, date, time, purpose of sisit, employment affdiation, citizenship, and~name of the indisidual to be visited. The licensee shall retain the register ofinformation for three years aAer the last entry in the register.

(7)Thelicensee shall:

N/A (i) Estat>1ish an acce.*s authorization system to limit unescorted access to No exe.nption is being requested vital areas during nonemergency conditions to individuals who require for this requirement. Maine access in order to perform their duties. To achieve this, the licensee shall:

Yankee no longer has any" vital areas".

(A) Estabhsh cunent authonzation access lists for each sital area. The No exemptionis being requested access lists must be updated and reapproved by the cogmzant lic.cnsee for this requirement.

3.sanager or supenisor at least once every 31 days. The licensee shall include e the access list only individuals whose specific duties require access to viul areas during nonemerg :ncy conditions.

(B) Positively :ontrol, in accordance with the access list established No exemption is being requested pursuant to par agraph (d)(7)(i) of this section, all points of personnel and forthisrequirement Maine vehicle access to vital areas.

Yankee no longer has any"sital areas".

(C) RevoL, in the case of an individual's involuntary temunation fur No exemption is being requested cause, the individual's ur escorted facility access and retriew his or her for this requ}cment i&ntifhation badge and other entry devices, as applicable, prior to oc I

simultaneously with no.ifying this indisidual of his or her termination.

(D) Lock and protect by an activated intrusion alarm system all No exemption is being requested unoccupied v;tal areas.

forthisrequirement, Maine Yankee no longer has any'5 ital areas".

(ii) Design the access authorization system to accommodate the pcter.tial No exemption is being requested need for rapid ingress or egress ofindividuals during emergency for this requirement conditions or situations that could lead to emergency conditions. To help assure this, the licensee shall:

(A) Ensure prompt access to vital equipment No exemption is being requested fxthisrequirement Maine Yankee no longer has any"sital equipment".

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ATTACHMENT II DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73,1 and 10CFR73.55.

(B) Periodically review phycicit security plans t.nd contingency plans and -

No exemptionis being requested procedures to evaluate their potential impact on plant and personnel for this requirement.

nafety.

(8) All keys, locks, combinations, and related access control devices used No exemption is being request,d to control access to protected areas and vital areas must be controlled to for this requirement.

reduce the probability of compromise. All such kep, locks, combinations, and related access control devices must be changed or rotated at least every 12 months. Whenever there is evidence or suspicion that any key, lock, combination, or related access control desices may have been w,r umised, it must be changed or rotated. 'the licensee shall issue keys, locks, combinations, and other access control devices to protected areas and vital areas only to persms granted unescorted facility access.

Whenever an individual's unescorted access is revoked due to his or her lack of trustwo 11uness, reliability, or inadequate work perfort :ance, keys, locks, combinations, and related access contml devices to which that person had access must be changed or rotated.

(c) Detection aids. (1) All alarms required pursuant to this part must Exemptionis being requested for a annunciate in a continuously manned central alarm station located within continuously manned second the protected area and in at least one other continuously manned station s'ation. Exemption is being not necessarily onsite, so that a single act cannot remove the capability of requested for designating the ansita calling for asststance or otherwise responding to an alarm. "Ihe onsite alarm station as a" vital area" central alarm station must be considered a vital area m!its walls, doors, Exemptionis being requested ceiling, floor, and any windows in the walls and in the doors must be requiring the onsite central alarm bullet-resisting. The onsite central alarm station must be lo ated within a station inside the protected area.

buildin; in such a manner that the interior of the central alarm station is Exemptionis being requested for not visible from the peruneter of the p,otected area. This station must not requiring secondary power supply contain any operational activities that would interfere with the execution sptems etc. to be in an area of the alarm response faction Onsite secondary power supply systems designated as a " vital area" Per the for alarm armunciator equipment and non-portable communications threat analpis, these features are equipment as required in paragraph (f) of this section must be located not needed.

within vital areas.

(2) All alarm devices including transmission lines to annunciators shall be No exemptionis being requested tamper indicating and scif-checking e s., an automatic indication is for this nquirement.

provided when failure of the alarm system or a component occurs, or when the system is on standby power. The annunciation of an alarm at the alarm stations shall indicate the type of alarm (e.g., intrusion alarms, emergency exit alarm, etc.) and location.

(3) All emergency exits in each protected area and each vital area shall be No exemptionis being requested alarmed for this requirement.

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I ATTACllMENT 11 DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

(f) Communication requirements (1) Each guard, watchman or armed No exemption is being requested response individual on duty shall be capable of maintaining continuous for this requirement, communication with an individual in each continuously manned alarm station required t>y paragraph'(e)(1) of this section, who shall be capable of calling for assistance from other guards, watchmen, and armed response personnel and from local law cr.forcement authwities.

(2) The alarm stations required by parsgraph (c)(1) of this section shall No exemption is being requested have conventional telephone service for communication with the law for this requirement

nforcement authorities as described in paragraph (f)(1) of this section.

(3) To provide the capability of continuous communication, radio or No exemption is being requested microwave transmitted two-way voice communication, either directly or for tnis requirement through an intermc Jirry, shall be established, in addition to conventional telephone service, between local law enforcement authorities and the f acility and shall terminate in each continuously manned alann station required by paragraph (e)(1) of this section.

(4) Non-portable communications equipment controlled by the licensee Exemption is being requested for and required by this section shall remain operable from independent thisrequirement Portableradio power sources in the event of the loss of normal power.

equipment will be available in a backup location in the event of a loss of normal power. Per the threat arialysis, this feature is not needed.

(g) Test 3g and maintenance. Each licensee shall test and maintain No exemption is being requested intrusion alarms, emergency alanns, communicatiaa equipment, physical for this requirement.

barriers, and other secunty related devices or equipment utilized pursuant to this section as followr (1) All alarms, communication equipment, physical barriers, and other No exemption is being request d security related devices or equipment shall be maintained in operable for this requirc nent.

condition. The licensee shall develop and employ compensatory measures including equipment, additional security personnel and specitic procedures to assure that the etTectiveness of the secunty system is not reduced by failcre or other contingencies affecting the operation of the security related equipment or structures.

(2) Each intrusion alarm shall be tested for performance at me beginning No exemption is being requested and end of any period that it is used for security. If the period of fe this requirement continuous use is longer than seven days, the intrusion alarm shall also be tested at least once every seven (7) days.

(

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4 A'ITACHMENT 11

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DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55, (3) Communications equiprpent required for :ommunications ons'te shall No exemptionis being requested be tested for performance not less frequently than once at tin be' ginning for this requirement.

of each security personnel work shiA. Communicatima equipment required for cornmunications offsite shall be tested for performance not less than once a day.-

(4) The security program must be reviewed at least every 12 nniths by No exemptionis being reque :ed individuals independent of both security program management and for this requirement.

personnel who have direct responsibility for implementation of the security A.;; ram. The security program review must include an audit of security procedures and practices, an evaluation of the effectiveness of the physical protection system, an amiit of the physicci protection system i

testmg and mamtenance program, ar?. an audit of commitments established for response by local law enforcement authorities. The results and i%..s.dations of the security program re. view, management's fmdmgs on whether the security program is currently efr tive, and any ac actions taken as a result of re--s Mons from prior program reviews must be (kx:umented in a report to the licensee's plant manager and to corporata management at least onc !cvel higher than that having responsibility for the day to day plant operation. These reports must be maintained in an auditable form, available for inspection, for a period of 3 years.

(h) Respan. i requirement. (1) The Ibensac shall establish, maintain, and No exemptionis being requested follaw an.vAC approwd safeguards contingency plan for responding to for this reqmrement.

threats,;hefis, and radiological sabotage related to the miclear facilities subject to the provisions of th4 section. Safeguards contingency plans i

must be in accordance with the criteria in appendix C to this part,

' Licensee Safeguards Contingency Plans.'

9 (2) The licensee shall et, di and document liaison with local law No exemptionis being requested enforcement authorities. The licensee shall retain documentation of the for this reqmrement.

current liaison as a record until the Conumanion termmates each license for which the liaison was developed and, if any portion of the liaison documentation is superseded, retain the superseded material for three years aner each change.

(3) The total number of guards, and armed, tramed personnel immediately Exemption is being requested for-available at the facility to talfill these response requiranents shall the requirement for 510 total nommally be ten (10), t,aless specifcally required otherwise on a case by personnelinlightofuducedthreat case basis by the Comrmssion; however, this number may not be reduced basis.

to less than five (S) guards 11

ATTACHMENT 11 DEFUELED SECURITY PLAN EXEMPTIONS TO 10CFR73.1 and 10CFR73.55.

(4) Upon detection of abnormal presence or activity of persons or vehicles No exemptionis being requested wiuin an isolation zone, a protected area, material access area, or a vital for this reqmrement area; or upon evidence or indication ofintrusion into a protected area, a material accem area, or a vital area, the licensee security organizatim shall:

(i) Deter'mine whether or not a threat exists, No exemptionis being requested for this requirement.

(ii) Assess the extent of the threat, if any, No exemptim is being requested for this requirement (iii) Take immediate concurrent measures to neutralize the threat by:

No exemption is being requested for this requirement.

(A) Reqmring responding guards or other armed response personnel to No exemptionis being requesteu interpose themselves between vital areas and material access areas and for this reqmrement any adversary attempting entry for the purpose of radiological sabotage or theft of special nuclear material and to intercept any person exiting with special nuclear material, and, (B) Informing local law enforcement agencica of the threat and requesting No exeraptionis being requested assistance, for this requirement.

(5) The licensee shall instruct every guard and all armed response No exemptionis being requested perumnel to prevent or impede attempted acts of theft or radiological for this requirement aabotage by using force sufficient to counter the force directed at him including the use of deadly force when the guard or other armed response person has a reasonable beliefit is necessary in self-defense or in the defense ofothers (6) To facilitate initial response to detectial of penetration of the No exemption is being requested protected area and assessment of the existence of a threat, a capability of for this requirement observing the isolation zones and the ph scal barrier at the penmeter of 3

the protected area shall be provided, preferably by means of closed circuit television or by other suitable means which limit exposure of respondmg personnel to possible attack, t

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