ML100130168

Request for Schedular Exemption from Certain Physical Security Implementation Requirements of 10 CFR 73.55, Revised Non-Safeguards Information Version

ML100130168
Person / Time
Site:	Browns Ferry
Issue date:	01/11/2010
From:	Krich R Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML100130168 (12)

Text

Tennessee Valley Authority, 1101 Market Street, Chattanooga, Tennessee 37402-2801 January 11, 2010 10 CFR 73.4 ATTN: Document Control Desk Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Browns Ferry Nuclear Plant, Units 1, 2, and 3 Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 NRC Docket Nos. 50-259, 50-260, and 50-296

Subject:

Request for Schedular Exemption from Certain Physical Security Implementation Requirements of 10 CFR 73.55 for Browns Ferry Nuclear Plant, Revised Non-Safeguards Information Version

Reference:

Letter from TVA to NRC dated November 6, 2009, "Request for Schedular Exemption from Certain Physical Security Requirements of 10 CFR 73.55 for Browns Ferry Nuclear Plant" The purpose of this letter is to provide a revised public versioniof the request for a. .

schedular exemption from certain physical security requirements;of 10:CFR 73.55 submitted in the referenced letter. This supplemental letter removes the informationt considered to be Safeguards Information and Security Sensitive Information from the referenced letter but includes the Environmental Assessment.

In accordance with the requirements of 10 CFR 73.5, "Specific exemptions," the Tennessee Valley Authority (TVA), requests that the Nuclear Regulatory Commission (NRC) approve a schedular exemption for the implementation of certain new requirements of 10 CFR Part 73, "Physical Protection of Plants and Materials,", for the Browns Ferry Nuclear Plant Units:1, 2, and 3. TVA requests approvalto extend the March 31, 2010, implementation date for certain requirements inltherevisedlruleto:ý!.:.

the dates described below. The details of this exemption, request were discussed, during a meeting between representatives of the NRC and-,TVA that was held on' October 23, 2009.

Printed on recycled paper

U. S, Nuclear Regulatory Commission Page 2 January 11, 2010 The NRC recently issued a new Rule regarding security requirements in the Federal,ý-

Register (FR) dated March 27, 2009 (i.e.,74 FR 13926). In accordance with the i .,-

requirements of the new Rule, the new security requirements must be implemented by March 31, 2010. TVA has evaluated these new requirements and determined that most of the new requirements can be implemented by the required date. However, TVA has also determined that implementation of specific parts of the new requirements will require additional time to implement since they involve new components and engineering that cannot be obtained or completed by the rule,

implementation date.

[Security Sensitive Information Removed] Implementation of certain changes to -

ensure compliance with these specific provisions of the new Rule require procurement, and engineering that will not be completed until after the March 31, 2010 ,

implementation date. The schedular exemption request for the specific portions of the new Rule for which an exemption is needed, and a description of the associated security modifications are provided in Enclosure 1. provides the Environmental Assessment input for the schedular exemption request.

The schedular extension is needed to complete the required modifications to comply with the new Rule. TVA's currently implemented security program along with the new Rule requirements that will be implemented by March 31, 2010, will continue to provide high assurance of public health and safety and common defense and security.

Accordingly, the requested exemption is authorized by law and will not endanger life, or property or the common defense and security in accordance with 10 CFR 73.5.

Granting this exemption will allow TVA to implement the changes necessary to comply with the new provisions of 10 CFR 73.55 and is therefore in the public interest.

TVA requests approval of this exemption request prior to March 1, 2010, so that; appropriate and timely actions can be taken to revise and implement the TVA security program. TVA requests that the exemptions, if approved, be effective upon issuance. provides the commitments made in the referenced letter.

In addition, similar schedular exemption requests are being submitted for TVA's Sequoyah and Watts Bar Nuclear Plants.

U. S. Nuclear Regulatory Commission Page 3 January 11, 2010 Should you have any questions concerning this subbmittall please contact.Mr. Kevin' .rt-; c *:><:.:

Casey-at (423) 751-8523.

Respectfully, R. M. Krich Vice President Nuclear Licensing

Enclosures:

1. Request for Schedular Exemption from the. Implementation Date for New Physical Security Requirements for Browns Ferry Nuclear Plant,.Units 1, 2, and 3

'2. Environmental Assessment Input Supporting the Schedular.. '

Exemption Request

3. 10 CFR 73.55 Schedular Exemption Request Commitments

ENCLOSURE1 REQUEST FOR SCHEDULAR EXEMPTION FROM THE IMPLEMENTATION DATE FOR NEW PHYSICAL SECURITY REQUIREMENTS FOR BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 NON-SAFEGUARDS VERSION Page El-1

ENCLOSURE1 A. Background The NRC recently issued a new Rule regarding security requirements in the Federal; ,.',.,

Register dated March 27, 2009. In accordance with the requirementsbof-the new Rule;,. rr.,i the new security requirements must be implemented byMarch 31, 2010.

Implementation of these new requirements will be performedalong with several other,-.,

modifications to improve and upgrade the security system at the' Browns Ferry Nuclear)

Plant. The Tennessee Valley Authority (TVA) has evaluated these new requirements and determined that some of the new requirements can belimplemented by: ,, , aii:

March 31, 2010. TVA has determined that implementation of specific parts of the new requirements will require additional time beyond March 31-, 2010, since they.invo lve--,.

procurement and engineering that will not be completed. until after the March:31; 2010, implementation date.

B. Security System Upgrade Several projects are being implemented at Browns Ferry' Nuclear Plant to meet the new provisions of 10 CFR 73.55. As noted, these projects are being performed along with other modifications to improve and upgrade the security system at the Browns Ferry Nuclear Plant. These projects include the following: -

[Safeguards Information Removed]

Due to the amount of engineering design and component procurement activities involved in these projects, and subsequent implementation of the [Safeguards Information Removed] Projects, portions of the new requirements contained in 10 CFR 73.55 will require additional time beyond March -31, 2010 to be completed.ý,,

The specific exemptions being requested and supporting details are described in Section C below.

C. Requested Exemptions TVA requests schedular exemptions, from the implementation deadline only, .for the.,,,,

three portions of the new 10 CFR 73.55 requirements listed in this section. TVA's currently implemented security program along with the new Rule. requirements thatwill -

be implemented by March 31, 2010, will continue to provide high assurance of public-health and safety and common defense and security. Accordingly, the requested exemptions are authorized by law and will not endanger life or property or the common defense and security in accordance with 10 CFR 73.5, "Specific exemptions." '

Granting this exemption will allow TVA to implement the changes necessary to complyw, with the new provisions of 10 CFR 73.55, and is thereforein the public interest. r, Page E1-2

Item 1 Regiulation

[Security Sensitive Information Removed] ,,',i."- !\; :.',i Issue r: a r&

ISafeguards Information Removed] I :) I""

' IIL Reauested Schedular Exemotion

?TVA requests a schedular exemption from the March 31, 2010, implementation.

,requirement of 10 CFR 73.55, to December 20, 2012, for the: implementation of the. .

new Rule provision described in Item 1 above for the Browns Ferry Nuclear Plant.

The isolation zone at the Browns Ferry Nuclear Plant is currently maintained in outdoor areas adjacent to the protected area perimeter barrier. This isolation zone is currently monitored with assessment equipment and/or personnel of the

.,.detected activities before and after each alarm annunciation.

. .; f I f rrc C:s Page E1-3

Item 2 Requlation

[Security Sensitive Information Removed]

Issue I .

[SafeguardsInformation Removed] i,: r Reauested Schedular Exemotion TVA requests a schedular exemption from the March 31, 2010, implementation, requirement of 10 CFR 73.55, to December 20, 2012, for the implementation of the new Rule provision described in item 2 above for the Browns- Ferry Nuclear PlantL.,

The existing intrusion detection and assessment equipment will continue to provide.

the required protection.

Page E1-4

Item 3 Regulation

[Security Sensitive Information Removed] K .',i , *"*': .';10*.

Issue

[Safeguards Information Removed] I ._,. :PuI.'.'J ,",> , )fl ,:;,'*:!lt),O*J.!:,';)j Reauested Schedular Exemption TVA requests a schedular exemption from the March 31', 2010, implementation requirement of 10 CFR 73.55, to December 20, 2012, for the implementation of the new Rule provision described in Item 3 above for the Browns Ferry, Nuclear Plant.

The existing alarm stations continue to be adequately protected to ensure that .

alarm station functions can be carried out.

K.,

Page E1-5

ENCLOSURE 2 BROWNS FERRY NUCLEAR PLANT ENVIRONMENTAL ASSESSMENT INPUT * *-2.~~' A '2)

SUPPORTING THE SCHEDULAR EXEMPTION REQUEST Page E2-1

Enclosure 2 BROWNS FERRY NUCLEAR PLANT 10 CFR 73.55 SCHEDULAR EXEMPTION REQUEST ENVIRONMENTAL ASSESSMENT INPUT The Tennessee Valley Authority (TVA) is submitting under 10 CFR 7315, "Specific, * * .j exemptions," a request, for a schedular exemption from the required March, 31 ,. 2010, implementation date for specific new requirements of 10 CFR 73.55, "Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage." This exemption is authorized by law and it will not endanger life or property and is consistent with the common defense and security.

To support the Nuclear Regulatory Commission's effort to prepare an environmental assessment for the 10 CFR 73.55 Schedular Exemption, the following information is provided:

1. The proposed action would provide TVA with a schedular exemption from the required implementation date of March 31, 2010.

2. The schedular exemption is needed to provide TVA with additional time from the, required March 31, 2010, implementation date to perform the required security .: ,7:

system upgrades to meet specific new requirements of 10 CFR 73.55 at the :. Ly, Browns Ferry Nuclear Plant.

3. The schedular exemption request is to allow implementation of security system changes to be completed beyond the required implementation date. The schedular exemption request does not:

a. result in any expected changes to radiological or non-radiological liquid or gaseous effluents discharged from the site; I  :

b. result in changes to type or quantity of solid radioactive waste generated; or, ,

c. result in any expected change in the radiological impact on either the workforce or public.

The design change packages implementing the physical modifications forthe security system upgrades are being prepared per the requirements of TVA Standard Programs and Process (SPP) 9.3, "Plant Modifications and Engineering Change Control." As part of the design change package preparation, each package is screened for environmental impacts to ensure that if required,, the applicable environmental review is performed. i.* ;: _1 !, ý,- I

4. The alternative to granting the schedular exemption would be to, deny it, thereby ,  ;-: :.... ,

requiring TVA to shutdown the Browns Ferry Nuclear Plant and remove all nuclear fuel prior to March 31, 2010.

Page E2-2

-ENCLOSURE 3 10 CFR 73.55 SCHEDULAR EXEMPTION REQUEST COMMITMENTS iderek,/

Page E3-1

Enclosure 3 10 CFR 73.55 SCHEDULAR EXEMPTION REQUEST COMMITMENTS

[Security Sensitive Information Removed]

'I Page E3-2