ML17249A406

NRC Appeal Response to Davis-Besse Force on Force Disputed Item 05000346/2017201-01 and Disputed Item 05000346/2017201-02

ML17249A406
Person / Time
Site:	Davis Besse
Issue date:	09/06/2017
From:	Bailey M G Division of Security Operations
To:	Ellis J D - No Known Affiliation
Josh Berry
References
2017201-01, 2017201-02
Download: ML17249A406 (3)

See also: IR 05000346/2017201

Text

September 6, 2017

Mr. James Director, Fleet Security Program 341 White Pond Drive Mail Stop: A-WAC-B1 Akron, OH 44320

SUBJECT: RESPONSE TO YOUR APPEAL OF THE FORMAL DISAGREEMENT WITH ADVERSARY CHARACTERISTICS, ATTRIBUTES, OR TACTICS EMPLOYED OR PREPARED AS PART OF AN NRC-EVALUATED FORCE-ON-FORCE EXERCISE - DISPUTED ITEM 05000346/2017201-01 AND 05000346/2017201-02

Dear Mr. Ellis:

The Division of Security Operations (DSO) has received your letter, dated September 1, 2017, appealing the U.S. Nuclear Regulatory Commission (NRC) staff's decision to continue to use two tactics, techniques, or procedures (TTP) planned for the Davis-Besse force-on-force exercise. Your original dispute was submitted on August 29, 2017, and the NRC staff's initial decision was issued on August 31, 2017.

In your original submittals, you disputed a TTP within Scenario 1 and 2 developed by the NRC force-on-force inspection team. I have carefully reviewed your appeal to the initial decision, and concluded that the disputed TTP is approved for use within the NRC-evaluated scenario for the following reasons: (1) it is within the design basis threat, (2) it is supported by available data, (3) it is within your ability to provide defense-in-depth, (4) it can be safely performed and controlled, and (5) it provides a credible and realistic challenge to your site's protective strategy.

The NRC's detailed response to your appeal has been entered into the NRC Response to Disputed Item Database, Disputed Item 05000346/2017201-01 and Disputed Item 05000346/2017201-02, and is provided as an Enclosure to this letter, marked Safeguards Information. Upon notification by Robert Johnson, Branch Chief, Security Performance Evaluation Branch, DSO, of the NRC's decision that the disputed TTP was approved for use, you requested to appeal the decision to me. I received your appeal via e-mail on September 5, 2017. After further discussion, the NRC carefully reevaluated your dispute and determined that the disputed item is still appropriate for use in an NRC-evaluated force-on-force exercise.

Sincerely,/RA/

Marissa G. Bailey, Director Division of Security Operations Office of Nuclear Security and Incident Response

Enclosure:

NRC Response to Disputed Item 05000346/2017201-01 and 05000346/2017201-02

cc w/enclosure: William Willis, Manager, Site Security