ML021490106

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Reply to Response to Order for Interim Safeguards & Security Compensatory Measures
ML021490106
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 05/29/2002
From: Zwolinski J
NRC/NRR/DLPM
To: Gordon Peterson
Duke Energy Corp
Patel C P, NRR/DLPM, 415-3025
References
TAC MB4110, TAC MB4111
Download: ML021490106 (5)


Text

May 29, 2002 Mr. G. R. Peterson Vice President, Catawba Site Duke Energy Corporation 4800 Concord Road York, SC 29710

SUBJECT:

CATAWBA NUCLEAR STATION, UNITS 1 AND 2 - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES FOR (TAC NOS. MB4110 AND MB4111)

Dear Mr. Peterson:

On February 25, 2002, the U.S. Nuclear Regulatory Commission (NRC) issued an Order modifying the operating license for the Catawba Nuclear Station, Unit Nos. 1 and 2 (Catawba) to require compliance with the specified interim safeguards and security compensatory measures. The interim compensatory measures (ICMs) were listed in Attachment 2 to the Order. When issuing the Order, the Commission recognized that you have voluntarily and responsibly implemented additional security measures following the events of September 11, 2001, but in light of the continuing generalized high-level threat environment, the Commission concluded that the security measures should be embodied in an Order consistent with the established regulatory framework.

The Order required responses and actions within specified timeframes.Section III.A of the Order required licensees to immediately start implementation of the requirements listed in to the Order and to complete implementation no later than August 31, 2002.

Section III.B of the Order required licensees to notify the Commission: (1) if they are unable to comply with the requirements described in Attachment 2, (2) if compliance with any of the requirements is unnecessary in their specific circumstances, (3) if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license, or (4) if implementation of any of the requirements described in would adversely impact the safe operation of the facility.Section III.C.1 of the Order required licensees to submit to the Commission, within 20 days of the date of the Order, a schedule for achieving compliance with each requirement described in Attachment 2 to the Order.Section IV of the Order noted that in accordance with 10 C.F.R. § 2.202, the licensee must submit an answer to the Order and may request a hearing on the Order within 20 days of the date of the Order and, where good cause is shown, consideration would be given to extend the time to request a hearing.

In two letters dated March 18, 2002, the Duke Energy Corporation (Duke) submitted a response to the Order for Catawba and a request for extension. On May 1, 2002, you provided supplementary information for Catawba. Your letters, as supplemented, do not request either an extension of time to respond to the ICMs or an extension of time in which to request a hearing.

The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order.

You stated that your response to the requirements of the Order .. is intended to be representative of our method of compliance. We do not intend to supplement our response in the event of minor deviations from the method of compliance set forth in our response, provided compliance with the Order is maintained. The NRC staff does not accept this proposal, since there can be no assurance that we would agree with your characterization of future deviations as minor. We therefore expect you to inform us of any changes you intend relating to the actions described in your response.

The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact Chandu Patel at (301) 415-3025 if you have any other questions on these issues.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: See next page

You stated that your response to the requirements of the Order .. is intended to be representative of our method of compliance. We do not intend to supplement our response in the event of minor deviations from the method of compliance set forth in our response, provided compliance with the Order is maintained. The NRC staff does not accept this proposal, since there can be no assurance that we would agree with your characterization of future deviations as minor. We therefore expect you to inform us of any changes you intend relating to the actions described in your response.

The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact Chandu Patel at (301) 415-3025 if you have any other questions on these issues.

Sincerely,

/RA/

John A. Zwolinski, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: See next page DISTRIBUTION:

PUBLIC OGC SCollins/JJohnson ACRS/ACNW BSheron SECY WBorchardt G. Hill (4)

LMarsh PDII-2 R/F BBoger RMartin VDricks RAlbert JShea RSullivan GTracy VOrdaz RCrlenjak JBelanger LReyes, RII RPalla RHaag, RII JNakoski CPatel CHawes Accession Number: ML021490106

  • See previous concurrence OFFICE DLPM/PM PDII-1/PM PDII-1/LA IRSB/SC
  • NSIR/SC
  • SPSB
  • NAME RMartin CPatel CHawes KGibson AMadison MRubin DATE 05/23/02 05/23/02 05/22/02 05/09/02 05/09/02 05/13/02 OFFICE DIPM
  • PDII-1/SC PDII/PD OGC* DLPM/D NAME WDean JNakoski HBerkow JGoldberg JZwolinski DATE 05/13/02 05/23/02 05/23/02 05/21/02 05/24/02 OFFICIAL RECORD COPY

Catawba Nuclear Station cc:

Mr. Gary Gilbert North Carolina Electric Membership Regulatory Compliance Manager Corporation Duke Energy Corporation P. O. Box 27306 4800 Concord Road Raleigh, North Carolina 27611 York, South Carolina 29745 Senior Resident Inspector Ms. Lisa F. Vaughn U.S. Nuclear Regulatory Commission Legal Department (PB05E) 4830 Concord Road Duke Energy Corporation York, South Carolina 29745 422 South Church Street Charlotte, North Carolina 28201-1006 Virgil R. Autry, Director Division of Radioactive Waste Management Anne Cottingham, Esquire Bureau of Land and Waste Management Winston and Strawn Department of Health and Environmental 1400 L Street, NW Control Washington, DC 20005 2600 Bull Street Columbia, South Carolina 29201-1708 North Carolina Municipal Power Agency Number 1 Mr. C. Jeffrey Thomas 1427 Meadowwood Boulevard Manager - Nuclear Regulatory P. O. Box 29513 Licensing Raleigh, North Carolina 27626 Duke Energy Corporation 526 South Church Street County Manager of York County Charlotte, North Carolina 28201-1006 York County Courthouse York, South Carolina 29745 Saluda River Electric P. O. Box 929 Piedmont Municipal Power Agency Laurens, South Carolina 29360 121 Village Drive Greer, South Carolina 29651 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Ms. Karen E. Long Westinghouse Electric Company Assistant Attorney General 6000 Fairview Road North Carolina Department of Justice 12th Floor P. O. Box 629 Charlotte, North Carolina 28210 Raleigh, North Carolina 27602 Elaine Wathen, Lead REP Planner Division of Emergency Management 116 West Jones Street Raleigh, North Carolina 27603-1335

Catawba Nuclear Station cc:

Mr. T. Richard Puryear Owners Group (NCEMC)

Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721