ML101250512

RAI, Regarding License Amendment Request for Approval of the Cyber Security Plan.

ML101250512
Person / Time
Site:	Perry
Issue date:	05/25/2010
From:	Billoch-Colon A Plant Licensing Branch III
To:	Bezilla M FirstEnergy Nuclear Operating Co
Billoch-Colon A
References
TAC ME2824
Download: ML101250512 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25, 2010 Mr. Mark B. Bezilla Site Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097

SUBJECT:

PERRY NUCLEAR POWER PLANT, UNIT NO.1 - LICENSE AMENDMENT REQUEST FOR APPROVAL OF THE CYBER SECURITY PLAN (TAC NO.

ME2824)

Dear Mr. Bezilla:

By letter dated November 23, 2009, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML093290232, non-publicallyavailable), FirstEnergy Nuclear Operating Company (FENOC), submitted a license amendment request (LAR) for Perry Nuclear Power Plant (PNPP). The proposed LAR includes the cyber security plan, proposed changes to paragraph 2.E of the Facility Operating License No. NPF-58, and a proposed Cyber Security Plan Implementation Schedule. The proposed cyber security plan has been submitted in accordance with Title 10 of the Code of Federal Regulations (10 CFR), Section 73.54. The purpose of this letter is to inform you that the U.S. Nuclear Regulatory Commission (NRC) staff has completed an initial review of this LAR. In accordance with the Office of Nuclear Reactor Regulation Office Instruction LlC-109, "Acceptance Review Procedures," (ADAMS Accession No. ML091810088), Section 3.1.3, the NRC staff has decided to forgo the traditional acceptance review due to the complexity and "first-of-a-kind" nature of this application. While the NRC staff has docketed your application, we are not rendering a judgment as to the acceptability of the submittal within the context of an acceptance review.

The cyber security plan submittal prepared for PNPP is based on an earlier version of Nuclear Energy Institute (NEI) guidance, NEI 08-09 "Cyber Security Plan for Nuclear Power Reactors."

The NRC staff had significant generic concerns with this guidance. As a result of NRC staff discussions with NEI and the Executive Task Force of the industry Nuclear Security Working Group (NSWG), NEI and NSWG committed to representing operating power reactor licensees in resolving these concerns.

Through numerous interactions, the NRC staff has communicated its generic concerns with the NEI guidance. The security-related nature of the information required these interactions to be conducted in closed meetings not open to the public. A publically available draft list of the specific issues discussed with NEI and NSWG was communicated to the licensees via e-mail dated March 9, 2010 (ADAMS Accession No. ML100680284).

By letters dated April 28, 2010 (ADAMS Accession Nos. ML101180434 and ML101180437),

NEI submitted Revision 6 to NEI 08-09 which contains changes that address the NRC staff concerns associated with previous versions. Based on a technical review of the document, the

M. Bezilla - 2 Office of Nuclear Security and Incident Response in its letter dated May 5. 2010 (ADAMS Accession No. ML101190371). concluded that submission of a cyber security plan using the template provided in NEI 08-09. Revision 6. would be acceptable for use by licensees to comply with the requirements of 10 CFR 73.54. with the exception of the definition of "cyber attack."

Therefore, to resolve the NRC staff's concerns with the requested LAR, FENOC is requested to review the list of generic issues provided to the industry cyber security writing team and forwarded to all licensees via e-mail dated March 9. 2010, and provide a revised submittal. For those generic issues that will not be addressed in the revised submittal, please provide additional information or justification in the revised submittal.

For any changes to the cyber security plan proposed in the LAR. FENOC is requested to indicate that the revised submittal supersedes, in its entirety, the previous submittal (or indicate what portions are superseded).

As an alternative to, and a potentially less resource intensive method than. addressing the individual issues. FENOC may submit a revised cyber security plan consistent with Regulatory Guide (RG) 5.711 or submit a revised cyber security plan consistent with NEI 08-09.

Revision 6. However. if this option is exercised, the NRC staff expects that the existing application will be withdrawn and the revised application resubmitted at the same time.

The NRC staff requests that FENOC's response or revised application be submitted within 60 days of the date of this letter. Please contact me if circumstances result in the need to revise the requested response date.

Following receipt and review of your response, you will be advised by separate correspondence if any further information is needed to support the NRC staff's detailed technical review.

If you have any questions regarding this matter. I may be reached at (301) 415-3302.

Sincerely.

~f.~~

Araceli T. Billoch Colon, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440 cc: Distribution via ListServ 1 In January 2010, the NRC staff issued RG 5.71, "Cyber Security Programs for Nuclear Facilities* (ADAMS Accession No.

ML090340159). This guidance provides an approach that the NRC staff deems acceptable for complying with the Commission's regulations regarding the protection of digital computers. communications systems. and networks from a cyber security attack.

ML101250512 PFFICE  !'-PL3-2/PM LPL3-2/PM  !'-PL3-2/LA LPL3-2/BC NAME ~BillochCol6n ~Gratton [THarris ISCampbell DATE OS/25/10 OS/25/10 OS/25/10 OS/25/10