ML14114A279

2014/04/10 NRR E-mail Capture - MF3089 Defueled TS Request for Additional Information

ML14114A279
Person / Time
Site:	Crystal River
Issue date:	04/10/2014
From:	Gratton C Plant Licensing Branch IV
To:	Westcott D Duke Energy Corp
References
TAC MF3089
Download: ML14114A279 (3)

Text

1NRR-PMDA-ECapture Resource From:Gratton, Christopher Sent:Thursday, April 10, 2014 3:51 PM To:Westcott, Daniel (Daniel.

Westcott@duke-energy.com)

Subject:

MF3089 Defueled TS Request fo r Additional Information Mr. Westcott,

By letter dated October 29, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13316C083), Duke Energy Florida, Inc. (DEF, or the licensee) submitted a license amendment request regarding Crystal River Nuclear Plant Unit 3 (CR-3) Facility Operating License. The proposed amendment would revise the technical specifications and license conditions to create permanently defuel technical specifications for CR3.

The Nuclear Regulatory Commission (NRC) staff has performed a preliminary review of the request and found that some further information is needed to complete the staff's review. The staff's draft information request is included below. The NRC considers that timely responses to request for additional information (RAIs) help ensure sufficient time is available for the NRC staff re view and contribute toward the NRC's goal of efficient and effective use of staff resources.

Please provide your response by May 9, 2014.

You may request a conference call to discuss the contents of this draft RAI with the NRC staff, including any change to the proposed schedule. Please send me an email if you do not need a conference call to clarify the draft RAI. If you do not require a call to clarify the draft RAI, the information request will be considered final.

Respectfully, Christopher Gratton

Sr. Project Manager

PM Crystal River Nuclear Generating Plant NRR/DORL/LPL 4-2 and Decommissioning Transition Branch

301-415-1055 Mail Stop O-8G9a Christopher.Gratton@nrc.gov

REQUEST FOR ADDITIONAL INFORMATION OFFICE OF NUCLEAR REACTOR REGULATION CRYSTAL RIVER NUCLEAR PLANT UNIT 3 DOCKET NO. 50-302

RAI 1 - Cyber Security License Condition 2.D Duke Energy Florida, Inc. (DEF) in its license amendment request, dated October 29, 2013, indicates that "the Cyber Security Plan license condition is no longer required." However, Title 10 of the Code of Federal Regulations (10 CFR) Section 73.54, "Protection of digital computer and communication systems and networks," which became effective on March 27, 2009, is applicable to reactors that were licensed to operate on that date, including Crystal River, Unit 3. It does not specify a point at which a licensee must no longer maintain its cyber security program.

2 1. Has CR3 identified those digital computer and communication systems and networks associated with safety-related and important to safety functions, security functions and emergency preparedness functions, and support systems and equipment which must be protected against cyber attacks under the existing cyber security plan?

2. Does CR3 have no such digital computer and communication systems and networks?

RAI 2 - Mitigating Strategy License Condition 2.C(14)

Basis for Requested Additional Information

The licensee is requesting to remove License Condition 2.C.(14) "Mitigation Strategy License Condition" from the license. This License Condition requires the licensee to develop and maintain strategies for addressing large fires and explosions. As stated in the amendment request, in accordance with 10 CFR 50.54 (hh)(3), the requirements in 10 CFR 50.54(hh)(2) will not apply after both certifications have been filed under 10 CFR

50.82.

The Commission added 10 CFR 50.54(hh)(3) in the Power Reactor Security Requirements final rule in response to a comment that the requirements of 10 CFR 50.54(hh) should not apply to "reactor facilities currently in decommissioning and for which the certifications required under 10 CFR 50.82(a)(1) have been submitted" because "it is inappropriate that 10 CFR 50.54(hh) should apply to a permanently shut-down and defueled reactor where the fuel was removed from the site or moved to an [ISFSI]." 74 Fed. Reg. 13933 (Mar. 27, 2009) (emphasis added). The NRC stated in the Statement of Considerations for the final rule that it

"agree[d] with this comment and revised the final requirements in 10 CFR 50.54(hh) so they do not apply to facilities for which certifications have been filed under 10 CFR 50.82(a)(1) or 10 CFR 52.110(a)(1)."Id. The NRC staff position expressed in this Statement of Considerations does not express a conclusion that continued storage of fuel in the spent fuel pool of a reactor facility without the mitigating strategies would provide reasonable assurance that the health and safety of the public would not be endangered and would not be inimical to the common defense and security, which is necessary to conclude that amendment of License DPR-43 to remove License Condition 2.C.(10) would be appropriate.

While the plain language of 10 CFR 50.54(hh)(3) exempts all facilities that have submitted cessation of operation certifications without regard to whether there is still fuel onsite that is not in an ISFSI - i.e. fuel in the pool, NRR has recognized that this may not be an proper resolution of the comment to the Power Reactor Security Rulemaking and currently is considering rulemaking to affect changes to apply the 10 CFR 50.54(hh)(2) requirements to decommissioning facilities with fuel still in the spent fuel pool.

Request for Additional Information

Given that the licensee must continue to provide adequate emergency response under 10 CFR 50.47, and that the spent fuel must be protected against the design basis threat of radiological sabotage under 10 CFR 73.55, for each element of the License Condition 2.C.(10), provide justification that elimination of that element will not result in operations that would endanger the health and safety of the public or be inimical to the common defense and security, or otherwise, indicate that the element will be maintained in effect:

2.C.(10) Mitigation Strategy License Condition Develop and maintain strategies for addressing large fires and explosions and that include the following key areas:

(a) Firefighting response strategy with the following elements: 1. Pre-defined coordinated fire response strategy and guidance 2. Assessment of mutual aid firefighting assets

3. Designated staging areas for equipment and materials

4. Command and control

35. Training of response personnel (b) Operations to mitigate fuel damage considering the following: 1. Protection and use of personnel assets

2. Communications

3. Minimizing fire spread

4. Procedures for implementing integrated fire response strategy

5. Identification of readily-available pre-staged equipment

6. Training on integrated fire response strategy 7. Spent fuel pool mitigation measures (c) Actions to minimize release to include consideration of: 1. Water spray scrubbing

2. Dose to onsite responders