ML043350328

Request for Extension to Respond to the 11/05/04 Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190)

ML043350328
Person / Time
Site:	Callaway
Issue date:	11/19/2004
From:	Keith Young AmerenUE
To:	Dyer J Office of Nuclear Reactor Regulation
References
EA-04-190, TAC MC2899, ULNRC05095
Download: ML043350328 (5)

Text

A~LP/H Union Electric PO Box 620 Callaway Plant Fulton, MO 65251 November 19, 2004 Mr. J.E. Dyer Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 WAmern ULNRC05095 UF TAC No. MC2899 Ladies and Gentlemen:

DOCKET NUMBER 50483 CALLAWAY PLANT UNIT I UNION ELECTRIC CO.

FACILITY OPERATING LICENSE NPF-30 REQUEST FOR EXTENSION TO RESPOND TO THE NOVEMBER 5,2004, ORDER IMPOSING REQUIREMENTS FOR THE PROTECTION OF CERTAIN SAFEGUARDS INFORMATION (EA-04-190)

Section IV of the November 5, 2004, Order Imposing Requirements for the Protection of Certain Safeguards Information (EA-04-190) ("Order") states that, in accordance with 10 CFR §2.202, the recipient of the Order must submit an answer to the Order, and may request a hearing on the Order, within 20 days of the date of the Order. Attachment 2 to the Order, Modified HandlingRequirementsfor the Protectionsof Certain Safeguards Information (SGI-M), which is incorporated by reference into the Order, contains detailed requirements which recipients of the Order must meet.

This letter constitutes the response of Union Electric to the Order. Pursuant to the provisions of Section IV of the Order, Union Electric hereby requests an extension of time in which to submit an answer to or request a hearing with respect to one or more provisions of the Order. The implications of the Order to licensees who have a program for controlling Safeguards Information that meets all current regulatory a subsidiary ofAmeren Corporation

ULNRC05095 November 19, 2004 Page 2 requirements is not clear, and the granting of time to interact with the NRC to ensure that Commission's intent of the Order and how it is to be implemented is clear is both necessary and appropriate.

Union Electric requests an extension of time to respond to the Order not to exceed twenty (20) days after clarification of the following issues:

1. Clarify that an existing Safeguards Information program can be used and how it can be used to satisfy the Order (i.e., a separate SGI-M program is not required), and that no changes to that Safeguards Information program are required by the Order.

2. Attachment 2 establishes different, and in some cases, more restrictive requirements than our existing Safeguards Information program.

3. Resolution of potential programmatic compliance issues arising when a licensee uses its existing Safeguards Information program but must interface with an entity using an SGI-M program where the requirements are different (e.g., double versus single envelopes; differing requirements on telecommunications).

The need for clarity regarding these and related issues constitutes good cause for the requested extension to be granted. During this period, Union Electric will control all material designated SGI-M under its Safeguards Information program. Union Electric also requests that the Commission exercise enforcement discretion during this period.

If you have any questions concerning this matter please contact Mr. Mark Dunbar at (573) 676-4205 or Mr. David Shafer at (314) 554-3104.

Sincerely, ith D. Young Manager, Regulatory Affairs KDY/rgh

ULNRCO0O95 November 19,2004 Page 3 STATE OF MISSOURI

} Ss CALLAWAY COUNTY Keith D. Young of lawful age, being first duly sworn upon oath says that he is Manager, Regulatory Affairs, for Union Electric Company; that he has read the foregoing document and knows the content thereof; that he has executed the same for and on behalf of said company with full power and authority to do so; and that the facts therein stated are true and correct to the best of his knowledge, information and belief.

By A(

Keith D Young Manager, Regulatory Affairs SUBSCRIBED and sworn to before me this 19th day of November , 2004.

LORI L.TWILLMAN NotaTy Public - Notary Seal CS01fYV fI -

STATE OF MISSOURI CaTEaway County My Commission Expires: Aug. 3,2007

ULNRC05095 November 19, 2004 Page 4 cc: Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555 Assistant General Counsel for Materials Litigation and Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555 The following are sent without attachments:

U.S. Nuclear Regulatory Commission Attn: Document Control Desk 11555 Rockville Pike Rockville, MD 20852 Mr. Brian Benny Project Manager, Security Plan Review Team Project Directorate II, Division of Licensing Project Management Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 7E1 Washington, DC 20555-2738 Mr. Bruce S. Mallett (2 copies)

Regional Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 400 Arlington, TX 760114005 Physical Security Inspector U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Senior Resident Inspector Callaway Resident Office U.S. Nuclear Regulatory Commission 8201 NRC Road Steedman, MO 65077 Mr. Jack N. Donohew (2 copies)

Licensing Project Manager, Callaway Plant Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 7E1 Washington, DC 20555-2738 Missouri Public Service Commission Governor Office Building 200 Madison Street PO Box 360 Jefferson City, MO 65102-0360

I w'Ameren AmerenUE LIE asubsidiary of Amaren Corporation PO Box 620 Fulton, MO 65251 Mr. J. E. Dyer Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, DC 20555-0001