ML031990238
| ML031990238 | |
| Person / Time | |
|---|---|
| Site: | Monticello, Palisades, Kewaunee, Point Beach, Prairie Island, Duane Arnold  |
| Issue date: | 06/03/2003 |
| From: | Forbes J Nuclear Management Co |
| To: | NRC/SECY/RAS |
| References | |
| EA-03-039, FOIA/PA-2006-0113 | |
| Download: ML031990238 (6) | |
Text
N1' I Comnw~tdtedo Nuhe-rE. re' 5
Nuclear Management Company, LLC June 3, 2003 10 CFR 2.202 10 CFR 50.4 Secretary Office of the Secretary of the Commission U. S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 DUANE ARNOLD ENERGY CENTER DOCKET 50-331 LICENSE DPR-49 KEWAUNEE NUCLEAR POWER PLANT DOCKET 50-305 LICENSE DPR-43 MONTICELLO NUCLEAR GENERATING PLANT DOCKET 50-263 LICENSE DPR-22 PALISADES NUCLEAR PLANT DOCKET 50-255 LICENSE DPR-20 POINT BEACH NUCLEAR PLANT UNITS 1 AND 2 DOCKETS 50-266 AND 50-301 LICENSES DPR-24 AND DPR-27 PRAIRIE ISLAND NUCLEAR GENERATING PLANT UNITS 1 AND 2 DOCKETS 50-282 AND 50-306 LICENSES DPR-40 AND DPR-60 EA-03-039 ANSWER, RESPONSE AND REQUEST FOR CLARIFICATION IN RESPONSE TO ORDER REQUIRING COMPENSATORY MEASURES RELATING TO TRAINING ENHANCEMENTS ON TACTICAL AND FIREARMS PROFICIENCY AND PHYSICAL FITNESS APPLICABLE TO ARMED NUCLEAR POWER PLANT SECURITY FORCE PERSONNEL Section IV of the April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039) ("Order") states that, in accordance with 10 CFR 2.202, a licensee must submit an answer to the Order and may request a hearing on the Order within 35 days of the date of the Order.
This letter constitutes Nuclear Management Company, LLC's (NMC's) answer (pursuant to 10 CFR 2.202 and Section IV of the Order) and response (pursuant to 10 CFR 50.4 and Sections III.B.1, B.2 and C.1 of the Order). NMC consents to the Order and does not request a hearing. The schedule for achieving compliance with each requirement in Attachment 2 to the Order is enclosed.
However, because the NRC has used force-on-force testing as a standard by which compliance with the design basis threat (DBT) was evaluated and because the tactics and capabilities 1Ct55
EA-03-039 Page 2 associated with the DBT influence the training prescribed in the Order, NMC requests that the NRC provide a clear definition of the objectives and criteria for force-on-force exercises so appropriate revisions can be made to safeguards contingency plans, security plans and security officer training and qualification plans.
Specifically, NMC needs a clear explanation of the purpose of the force-on-force exercise (e.g., is the purpose of force-on-force exercises for security officer training, or to evaluate licensee compliance with the design basis threat?). Similarly, the success criteria for the force-on-force exercise need to be established (e.g., is the criterion prevention of a large offsite release, which would be consistent with the basis for risk-informing NRC regulations, or some other criteria?).
Finally, if a force-on-force exercise is going to be used as a performance test of the licensee's ability to protect against the design basis threat, a clear definition of adversary rules of engagement and adversary tactics is needed to provide appropriate predictability and stability in the regulatory program. Absent these clarifications, the standard by which licensee performance will be measured will continue to be a constantly moving target which is counter to the Commission's Principles of Good Regulation.
To enable NMC to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation extend the dates for submitting the revision to the security plan and training and qualification plan and for full implementation of the Order be extended on a day-for-day basis until such clarifications are provided.
NMC also confirms its understanding that the Commission intends to exercise enforcement discretion to accommodate issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of this Order. We further understand that the Commission will exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of this Order with the orders issued February 25, 2002, as well as with other pertinent regulatory requirements, and our safeguards contingency plans, security plans and security officer training and qualification plans.
Jeffrey S. Forbes Senior Vice President Nuclear Management Company, LLC Enclosure
EA-03-039 Page 3 cc:
Director, Office of Nuclear Reactor Regulation Regional Administrator, USNRC, Region III Assistant General Counsel for Materials, Litigation and Enforcement Project Managers USNRC, NRR - Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant NRC Resident Inspectors - Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant Project Managers, Office of Nuclear Reactor Regulation (Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant)
NRC Resident Inspectors (Duane Arnold Energy Center, Kewaunee Nuclear Power Plant, Monticello Nuclear Generating Plant, Palisades Nuclear Plant, Point Beach Nuclear Plant, Prairie Island Nuclear Generating Plant)
ENCLOSURE NUCLEAR MANAGEMENT COMPANY, LLC DUANE ARNOLD ENERGY CENTER DOCKET 50-331 KEWAUNEE NUCLEAR POWER PLANT DOCKET 50-305 MONTICELLO NUCLEAR GENERATING PLANT DOCKET 50-263 PALISADES NUCLEAR PLANT DOCKET 50-255 POINT BEACH NUCLEAR PLANT UNITS 1 AND 2 DOCKETS 50-266 AND 50-301 PRAIRIE ISLAND NUCLEAR GENERATING PLANT UNITS I AND 2 DOCKETS 50-282 AND 50-306 June 3, 2003 EA-03-039 ANSWER, RESPONSE AND REQUEST FOR CLARIFICATION IN RESPONSE TO ORDER REQUIRING COMPENSATORY MEASURES RELATING TO TRAINING ENHANCEMENTS ON TACTICAL AND FIREARMS PROFICIENCY AND PHYSICAL FITNESS APPLICABLE TO ARMED NUCLEAR POWER PLANT SECURITY FORCE PERSONNEL ORDER ELEMENT C COMPENSATORY MEASURES FOR TRAINING AND QUALIFICATION OF SECURITY FORCE PERSONNEL 2 Pages Follow
ENCLOSURE EA-03-039 ORDER ELEMENT C.
COMPENSATORY MEASURES FOR TRAINING AND QUALIFICATION OF SECURITY FORCE PERSONNEL
- 1. General Criteria
- a. Protective Strategy: NMC will be in full compliance with this element of the Order by October 29, 2004, and respectfully requests a clear definition of the DBT by the Commission. Changes to a station's Training and Qualification Plan not requiring Commission prior approval, shall be submitted to the Commission in accordance with 10 CFR 50.54(p).
- b. Protective Strateav Performance Measures: Protective strategy goals and performance measures will be established and incorporated into station security programs. Full compliance with this element of the Order will be achieved by October 29, 2004, and respectfully requests a clear definition of the DBT by the Commission.
- c. Participation in Range Activities: NMC will be in full compliance with this element of the Order by October 29, 2004. NMC may use the Range 2000, MILES, Simunitions, or other weapons training systems in lieu of range activities to fulfill weapons familiarization and qualification requirements.
- d. Medical and Physical Fitness Disoualification Provisions: NMC station security procedures will be revised and implemented by October 29, 2004. The needed procedure enhancements will ensure security officers returning to work following a medical absence of greater than 90 days are capable of performing their assigned tasks.
The procedure revisions will include appropriate weapons requalification requirements.
- e. Corrective Action Pro-ram Implementation: The Security organization at each station in the NMC fleet uses the station's corrective action program. NMC will review each station's corrective action program to ensure that security training and qualification issues of significance are addressed within the corrective action program. This action will be completed by October 29, 2004.
- 2. Firearms Trainina and Qualification Proaram
- a. Proaram Enhancements: (1) The annual written examination will be revised as specified in the Order and will be administered to all personnel by October 29, 2004. (2) Annual firearms familiarization training will be revised as specified in the Order. (3) The annual daylight qualification program requires no changes. (4) The annual night fire qualification will be revised as specified in the Order. NMC may, however, elect to implement the provisions of 10 CFR 73, Appendix H, Weapons Qualification Criteria," or a nationally approved course of fire. (5) The annual tactical qualification will be revised as specified in the Order. (6) Tactical Response Team exercises/drills will be revised, if necessary, as specified in the Order.
NMC intends to use pass/fail criteria for firearms qualifications that do not include provisions for scoring. These qualifications include stress fire and certain tactical activities. Pass/fail criteria will be appropriately specified in the program. The program enhancements for Item 2.a. will be fully implemented by NMC by October 29, 2004.
Attachment EA-03-038 Order Element C. Response Page 2
- b. Firearms Instructor Certification: NMC firearms instructors are fully qualified and certified by a national or state-recognized entity and are certified on a triennial basis. All NMC firearms instructors are currently qualified and certified and will be recertified on a 3-year basis as specified in this element of the Order. NMC is in full compliance with this element of the Order.
- 3. Firearms Maintenance Program
- a. Program Enhancements: NMC will be in full compliance with the provisions of this element of the Order by October 29, 2004. NMC may elect to perform semi-annual test firing of weapons during scheduled range activities. Firearms maintenance procedures will be enhanced and documentation requirements associated with testing and maintenance activities will be revised by this date.
- 4. Medical and Physical Fitness Requirements: NMC will be in full compliance with this element of the Order by October 29, 2004.
- a. Annual Medical and Physical Fitness Requirements: NMC will be in full compliance with this element of the Order by October 29, 2004. NMC may include testing at a medical facility using treadmills and/or other stress-inducing equipment to assess the physical condition of the individual.
- b. Annual Physical Fitness Test Criteria Derived from Protective Strategy: NMC will be in full compliance with this element of the Order by October 29, 2004, and respectfully requests a clear definition of the DBT by the Commission. Test criteria will be derived from the protective strategy and appropriately documented as required.
700 First Street
- Hudson, Wisconsin 54016 Telephone: 715.377.3300 www.nmcco.com