ML24113A021

(TMI-2), Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation

ML24113A021
Person / Time
Site:	Three Mile Island
Issue date:	04/18/2024
From:	Jeffery Lynch TMI-2 Solutions
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
References
TMI2-RA-COR-2024-0008
Download: ML24113A021 (1)

Text

April 18, 2024 TMI2-RA-COR-2024- 0008 10 CFR 73.5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555- 0001

Three Mile Island Nuclear Station, Unit 2 (TMI-2)

NRC Possession Only License No. DPR 73 NRC Docket No. 50- 320

Subject:

Supplement to Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation

References:

1. Letter TMI2 -RA-COR-2022- 0015 from M. Lackey (EnergySolutions ) to Document Control Desk ( USNRC) TMI -2 Materials Security Plan Scope of Activities, dated June 9, 2022 (Proprietary)

2. Letter TMI2-RA-COR-2023- 0030 from Joseph R. Lynch (EnergySolutions ) to Document Control Desk (USNRC) Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation, dated December 20, 2023(ML 23354A206)

3. Letter TMI2-RA-COR-2022- 0014 from Timothy Devik (TMI-2 Solutions) to USNRC (Region 1) Notification for Implementation of TMI -2 Materials Security Plan, dated June1, 2022 (ML22154A187)

On March 14, 2023, the U.S. Nuclear Regulatory Commission (NRC) noticed Final Rule entitled, Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, i n the Federal Register (i.e., 88 FR 15864). This F inal R ule became effective April 13, 2023, with a compliance date of January 8, 2024.

Security services at TMI-2Solutions, LLC ( TMI-2S ) are contracted per agreement with Constellation Energy Generations Three Mile Island Nuclear Station, Unit 1 ( TMI-1). The TMI-2S Security Plan contains the scope of the contracted security services. Reference 1 provided the scope of these services to the NRC on June 9, 2022. In response to the publication of the final rule, TMI-2S reviewed the new rule as it pertains to the applicable requirements in 10 CFR 73.67, as described in the TMI -2S Security Plan.

The site also evaluated the broad impact across multiple organizations and the change management scope for coordination with TMI-1.

TMI-1 submitted an exemption request to the Final Rule on November 22, 2023(ML23326A010). The exemption was approved on March 20, 2024 (ML24052A060). In Reference 2, TMI-2S submitted an exemption request in accordance with 10 CFR 73.5, to maintain security program alignment between the two sites. On April 3, 2024, a clarification call was conducted with the NRC reviewers to discuss certain sections of the TMI-2S submittal. Based on that discussion, it was determined that several statements in the exemption request required clarification. This su pplement provides the clarifying informatio n.

Page 2 TMI2-RA-COR-2024- 0008

There are no regulatory commitments contained in this submittal.

If you have any questions with respect to the contents of this letter, please contact me at (508) 728-1421, or jrlynch@energysolutions.com.

Respectfully,

Joseph R. Lynch Director, D&D Regulatory Affairs/Licensing EnergySolutions

JRL/bed

Supplemental Information for Exemption from Specific Requirements in 10 CFR 73

cc: NRC Regional Administrator -Region I NRC Lead Inspector -Three Mile Island Nuclear Station -Unit 2 NRC Project Manager - Three Mile Island Nuclear Station -Unit 2 Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response Director, Bureau of Radiation Protection -PA Dept of Environmental Protection Chief, Division of Nuclear Safety, Bureau of Radiation Protection -PA Dept of Environmental Protection Chairman, Board of County Commissioners -Dauphin County Manager - Londonderry Township

Attachment 1

Supplemental Information for Exemption from Specific Requirements in 10 CFR 73 TMI2-RA-COR-2024- 0008

Attachment 1 Supplemental Information for Exemption from Specific Requirements in 10 CFR 73

1. NRC Request for Clarification:

In Section B, Basis for Exemption Request, page 3 of 6, #3 Regulatory Guides, t he submittal states that the example for a loss or uncontrolled weapon is provided as an applicable condition for TMI -2.

The NRC requested clarification for how the example is a condition for TMI -2.

TMI-2S Clarification:

The TMI -1 security officers carry weapons on rounds into the TMI-2S security zone. Should a weapon become uncontrolled while in the TMI-2S security zone, the notification requirements of 10 CFR 73.1200(e)(1)(v) would apply. The intent of the request is to cover notifications to the NRC of a lost or uncontrolled weaponin accordance with the security agreement with TMI -1.

2. NRC Request for Clarification:

In Section C, Considerations for Exemption, page 4 of 6, the submittal doesnt identify the reporting requirements that existed prior to March 2023. The NRC requested clarification for what reporting requirements existed prior to March 2023.

TMI-2S Clarification:

A bullet should be added to Section C to read:

• In alignment with reporting requirements that existed prior to March 2023, TMI-2S will continue to comply with security event reporting, as required by 10 CFR 73.71, Reporting of Safeguards Events, and Appendix G to Part 73, Reportable Safeguards Events.

3. NRC Request for Clarification:

In Section C, Considerations for Exemption, page 4 of 6, the submittal states, TMI -2S will use the definitions for the term Discovery (time of), in its current site Security Plan consistent with how these terms are currently defined.

The NRC noted that the definition of the term Discovery (time of) is defined in an endorsed industry document and a NRC guidance document (NEI 03-12, Template for the Security Plan, Training and Qualification Plan, Safeguards Contingency Plan, [and Independent Spent Fuel Storage Installation Security Program], Revision 7, and Regulatory Guide (RG) 5.76, Physical Protection Programs at Nuclear Power Reactors, Revision 1, that were noted in similar exemption requests. NRC suggested that TMI-2S decide if it wants to clarify the document that the site implements that defines the Discovery (time of) definition in its exemption request.

Page 1of 2 Attachment 1 Supplemental Information for Exemption from Specific Requirements in 10 CFR 73

TMI-2S Clarification:

The statement should read:

TMI-2S will use the definitions for the term Discovery (time of), consistent with how the term is currently defined in Regulatory Guide 5.76, Revision 1, Physical Protection Programs at Nuclear Reactors.This aligns with current event reporting criteria covered by:

• TMI-2S Security Services Agreement with TMI-1 who performs security event reporting for TMI-2S;

• TMI-2S Security and Licensing Program Plans and procedures that reference the Security Services Agreement with TMI-1, and;

• TMI-1 Security Plan and site security procedures

4. NRC Request for Clarification:

In Section D, Justification for Exemption, page 5 of 6, t he submittal states, TMI -2S will continue to implement the Security Plan as currently reviewed and approved by the NRC.

The NRC identified that the NRC has not approved the Security Plan as described by TMI-2S and suggested that TMI-2S clarify or change the statement in the request.

TMI-2S Clarification:

The statement should read:

TMI-2S will continue to implement the Security Plan as documented in Notification for Implementation of TMI-2 Materials Security Plan, dated June 1, 2022 (ML22154A187) ( Reference 3).

5. NRC Request for Clarification:

In the third bullet of Section C, the exemption states: TMI -2S is currently implementing a formal corrective action program (CAP) process and has identified c onditions adverse to quality as they relate to the Security Program. What will be used in the interim to identify conditions adverse to quality?

TMI-2S Clarification:

The statement should read: TMI-2S will continue to implement a formal CAP process through DevonWay to identify Conditions Adverse to Quality as they relate to Security Programs.

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