ML102070424
| ML102070424 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 08/04/2010 |
| From: | Bruce Watson NRC/FSME/DWMEP/DURLD/RDB |
| To: | Plona J Detroit Edison |
| Hickman J, FSME/DWMEP,301-415-3017 | |
| References | |
| Download: ML102070424 (3) | |
Text
August 4, 2010 Mr. Joseph H. Plona Assistant Vice President Nuclear Generation Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166
SUBJECT:
FERMI UNIT 1 - REVISED POWER REACTOR SECURITY RULE
Dear Mr. Plona:
This letter is being sent as a follow on to the July 20, 2010 webinar on the applicability of the power reactor security regulations to Part 50 licensees. The purpose of this letter is to provide clarification on this issue and notify licensees of additional actions that may be required. The revised Power Reactor Security Rule (74 Federal Register (FR) 13926) became effective on May 26, 2009, with compliance required by March 31, 2010. The requirements in 10 CFR 73.55 are referenced in the protection requirements (10 CFR 72.212(b)(5)) for the general license issued under 10 CFR 72.210. The U.S. Nuclear Regulatory Commission (NRC) recognizes that some Part 50 licensees (e.g., a Part 50 licensee with a facility undergoing decommissioning or a Part 50 licensee that has only a general licensed Independent Spent Fuel Storage Installation (ISFSI) under 10 CFR 72.210 with no plant or a plant in decommissioned status) may not have recognized the applicability of the revised Power Reactor Security Rule to their facility. As a result, Part 50 licensees with facilities in decommissioning or decommissioned status may be out of compliance with the current 10 CFR 73.55 security requirements.
The NRC believes that there are currently no security or health and safety gaps at these facilities that may not be in compliance with the current 10 CFR 73.55 requirements. This is because the security programs at these facilities meet the baseline requirements of the previous version of 10 CFR 73.55 and also meet the requirements in subsequent security orders.
For facilities which may not be in compliance with the current 10 CFR 73.55, the NRC will consider, as appropriate on a case-by-case basis, the use of enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy, "Violations Involving Special Circumstances" for a period of time until the exemption process is completed. The NRC will consider a licensee's demonstration of good-faith attempt to interpret and implement the new rule, the licensee's prompt corrective actions, and the NRC's recognition of ambiguity regarding the scope of the rule when applying this discretion. Potential findings that are apparent violations of orders or applicable regulations and not attributable to good-faith interpretation and implementation problems, potential noncompliances that involve willfulness or deliberately uncorrected deficiencies, or potential noncompliances that either were not attributable to good-faith interpretation and implementation problems or involved willfulness will be dispositioned through the normal enforcement processes.
J.H. Plona 2 Licensees need to evaluate the applicability of the current 10.CFR 73.55 to their specific facility and either make appropriate changes to the Physical Security Plan or ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the new 10 CFR 73.55 rule does not obviate licensees from implementing the Additional Security Measures (ASMs) of 2007. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process.
The NRC expects that licensees will comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemptions requests, and if applicable, license amendment requests should provide the basis for the request. Any necessary responses, exemption requests, or amendments must be submitted 120 days after receipt of this letter.
The staff recognizes that Fermi Unit 1 is co-located with Fermi Unit 2, and that the site security plan may have addressed the revised power reactor security rule for Fermi Unit 1. Therefore no actions may be needed on your part at this time. The staff also understands that there may be no special nuclear material (SNM) at the Fermi Unit 1 site. You may want to review exemptions that have been previously granted for sites without SNM (Agencywide Documents Access and Management System Accession Nos.: ML022800500 and ML081060313). Please contact John B. Hickman at 301-415-3017 or John.Hickman@nrc.gov with questions.
Sincerely,
/RA/
Bruce A. Watson, Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-016 cc: Fermi Power Plant Service List
J.H. Plona 2 Licensees need to evaluate the applicability of the current 10.CFR 73.55 to their specific facility and either make appropriate changes to the Physical Security Plan or ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the new 10 CFR 73.55 rule does not obviate licensees from implementing the Additional Security Measures (ASMs) of 2007. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process.
The NRC expects that licensees will comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemptions requests, and if applicable, license amendment requests should provide the basis for the request. Any necessary responses, exemption requests, or amendments must be submitted 120 days after receipt of this letter.
The staff recognizes that Fermi Unit 1 is co-located with Fermi Unit 2, and that the site security plan may have addressed the revised power reactor security rule for Fermi Unit 1. Therefore no actions may be needed on your part at this time. The staff also understands that there may be no special nuclear material (SNM) at the Fermi Unit 1 site. You may want to review exemptions that have been previously granted for sites without SNM (Agencywide Documents Access and Management System Accession Nos.: ML022800500 and ML081060313). Please contact John B. Hickman at 301-415-3017 or John.Hickman@nrc.gov with questions.
Sincerely, Bruce A. Watson, Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-016 cc: Fermi Power Plant Service List Distribution: DWMEP r/f C Lipa, RIII D Garner, NSIR ML102070424 OFC RDB/PM RDB/LARDB/PMRDB/BC NAME JHickman CHolstonTSmithBWatson DATE 07/27/10 07 / 28 / 201008/3/1008/4/10 OFFICIAL RECORD COPY
J.H. Plona 2 Fermi Power Plant Service List - Ted Smith, Project Manager cc:
Mr. Joseph H. Plona Assistant Vice President Nuclear Generation Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166 Ms. Lynne Goodman Manager - Fermi1 Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166
Mr. Richard Whale Michigan Public Service Commission 6545 Mercantile Way PO Box 30221 Lansing, MI 48909 John Flynn Esq. Senior Attorney Detroit Edison Company 2000 Second Avenue Detroit, MI 48226 Mr. Thor Strong Radiological Protection Section Michigan Department of Environmental Quality PO Box 30630 Lansing, MI 48909 - 8130
U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 W. Dixie Highway Newport, MI 48166 Monroe County Office of Civil Preparedness 963 South Raisinville Monroe, MI 48161
Flint Watt, P.E., Chief Bureau of Environmental and Occupational Health Michigan Department of Public Health 3423 N Logan Street PO Box 30195 Lansing, MI 48909 Christine Lipa, Chief Decommissioning Branch Division of Nuclear Material Safety U.S. NRC/Region III