ML043120004
| ML043120004 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 10/29/2004 |
| From: | John Nakoski NRC/NRR/DLPM/LPD2 |
| To: | Ted Sullivan Entergy Nuclear Operations |
| References | |
| EA-03-086, TAC MC2921 | |
| Download: ML043120004 (11) | |
Text
SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION October 29, 2004 Mr. T. A. Sullivan Site Vice President James A. FitzPatrick Nuclear Power Plant Entergy Nuclear Operations, Inc.
P. O. Box 110 Lycoming, NY 13093
SUBJECT:
JAMES A. FITZPATRICK NUCLEAR POWER PLANT - ADMINISTRATIVE CHANGE TO FACILITY OPERATING LICENSE IN CONJUNCTION WITH THE COMMISSION ORDER EA-03-086 REGARDING REVISED DESIGN BASIS THREAT (DBT); AND REVISIONS TO PHYSICAL SECURITY PLAN, TRAINING AND QUALIFICATION PLAN, AND SAFEGUARDS CONTINGENCY PLAN (TAC NO. MC2921)
Dear Mr. Sullivan:
By letter dated April 29, 2004, Entergy Nuclear Operations, Inc. submitted a supplemental response in accordance with Order EA-03-086, the Order requiring compliance with the revised design basis threat, dated April 29, 2003 (DBT Order) for the James A. FitzPatrick Nuclear Power Plant (FitzPatrick).Section III.A of the DBT Order required licensees to revise physical security plans (PSPs), training and qualification plans (T&Q Plans), and safeguards contingency plans (SCPs) in order to provide protection against the revised DBT set forth in to the DBT Order. These revised plans, along with an implementation schedule, were required to be submitted to the Nuclear Regulatory Commission (NRC or the Commission) for review and approval no later than April 29, 2004.
The NRC staffs review of the FitzPatrick PSP, SCP, and T&Q Plan submitted in your letter dated April 29, 2004, as supplemented on July 8, July 12, July 22, August 2, August 25, September 27, October 14, and October 26, 2004, has focused on ensuring that the necessary programmatic elements are contained in these plans in order to provide high assurance that activities involving special nuclear material are not inimical to the common defense and security and do not constitute an unreasonable risk to the public health and safety.
NOTICE: Enclosure 2 contain Safeguards Information. Upon separation from Enclosures 2, this letter and Enclosure 1 are DECONTROLLED.
T. Sullivan The NRC staff has determined that, subject to subsequent inspection and evaluation, these plans contain the necessary programmatic elements that, when effectively implemented, will provide the high assurance that FitzPatrick will be protected against the revised DBT. The NRC staff, therefore, approves the PSP, SCP, and T&Q Plan for FitzPatrick. However, ultimately the effectiveness of these plans will be judged on your ability to meet regulatory requirements through facility implementing procedures and site practices. As such, your facility implementing procedures and practices will continue to be subject to future NRC review and inspection, including NRC-conducted force-on-force exercises.
In addition, the NRC staff noted that your PSP included alternatives to certain requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 73.55. In each case, the NRC staff found that the alternative measures provide an equivalent level of protection to that of the associated requirements and meets the high assurance objectives of 10 CFR 73.55(a). The NRC staff, therefore, approves the alternatives shown in the table below. The NRC staffs evaluation is discussed further in the enclosed Safety Evaluation (SE).
Approved Alternatives to the Requirements of 10 CFR Part 73 SE Section PSP Section Alternative to 10 CFR Description 3.6.2 6.2 73.55(c)(3)
Isolation zones 3.9.4.3 9.4.3 73.55(d)(4)
Protected Area (PA) vehicle search requirements 3.9.4.4 9.4.4 73.55(d)(1)
PA personnel search requirements 3.9.5.2 9.5 73.55(d)(1) 73.55(d)(4)
PA access control requirements 3.10.1 10.1 73.55(c)(5)
PA illumination requirements 3.13.1 14.1 73.55(c)(1) 73.55(d)(7)(i)(B)
Temporary reclassification of VAs to PA status (devitalization)
Finally, consistent with the DBT Order, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements.
Therefore, an administrative license change to FOL No. DPR-59 is being made to incorporate the reference to the revised PSP, SCP, and T&Q Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations set forth in 10 CFR Chapter I.
Please replace the enclosed page to your FOL as indicated in Enclosure 1.
T. Sullivan A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.
Sincerely,
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Jonathan LaPlante
T. Sullivan A copy of our SE with regard to your security plans (designated as Safeguards Information) is provided in Enclosure 2.
Sincerely,
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-333
Enclosures:
- 2. Safety Evaluation (Safeguards Information) cc w/encl 1 only: See Mailing List 1 cc w/encls 1 and 2: Jonathan LaPlante DISTRIBUTION (w/o Enclosure 2):
PUBLIC SPRT R/F OGC ACRS SLittle PMilano RLaufer CHolden DLPM DPR TBoyce GHill (2)
GMatakas, RI Accession No.: ML043120004
- See previous concurrence OFFICE SPRT/TL SPRT/PM SPRT/LA SPRT/PL OGC*
NSIR/SC NRR/SC NAME DHuyck RFretz CRaynor JPeralta SCole NLO SMorris JNakoski DATE 10/28/04 10/28/04 10/28/04 10/28/04 10/27/04 10/28/04 10/27/04 OFFICIAL RECORD COPY
James A. Fitzpatrick Nuclear Power Plant cc w/o encl.:
Mr. Gary J. Taylor Chief Executive Officer Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John T. Herron Sr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Theodore A. Sullivan Site Vice President Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P. O. Box 110 Lycoming, NY 13093 Mr. Kevin J. Mulligan General Manager, Plant Operations Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P. O. Box 110 Lycoming, NY 13093 Mr. Danny L. Pace Vice President, Engineering Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Brian OGrady Vice President, Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. John F. McCann Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Resident Inspector's Office James A. FitzPatrick Nuclear Power Plant U. S. Nuclear Regulatory Commission P. O. Box 136 Lycoming, NY 13093 Ms. Charlene D. Faison Manager, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. William Maquire Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P. O. Box 110 Lycoming, NY 13093 Mr. Andrew Halliday Manager, Regulatory Compliance Entergy Nuclear Operations, Inc.
James A. FitzPatrick Nuclear Power Plant P. O. Box 110 Lycoming, NY 13093 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271
James A. Fitzpatrick Nuclear Power Plant cc w/o encl.:
Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Oswego County Administrator Mr. Steven Lyman 46 East Bridge Street Oswego, NY 13126 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Dept. of Public Service 3 Empire State Plaza Albany, NY 12223-1350 Mr. John M. Fulton Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Ken L. Graesser BWR SRC Consultant 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. Jim Sniezek Nuclear Management Consultant 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Ron Toole BWR SRC Consultant 1282 Valley of Lakes Box R-10 Hazelton, PA 18202 Ms. Stacey Lousteau Treasury Department Entergy Services, Inc.
639 Loyola Avenue Mail Stop L-ENT-15E New Orleans, LA 70113 Mr. Michael Kansler, President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10611
ENTERGY NUCLEAR OPERATIONS, INC.
JAMES A. FITZPATRICK NUCLEAR POWER PLANT DOCKET NO. 50-333 ADMINISTRATIVE LICENSE CHANGE TO FACILITY OPERATING LICENSE License No. DPR-59 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
Consistent with Order EA-03-086, the Order requiring compliance with the revised design basis threat (DBT Order), issued on April 29, 2003, conforming administrative changes to Facility Operating Licenses (FOLs) are required to ensure implementation of DBT Order requirements. Therefore, an administrative license change to FOL No. DPR-59 is being made to incorporate the reference to the revised Physical Security Plan, Safeguards Contingency Plan, and Training and Qualification Plan required by the DBT Order. These changes comply with the standards and requirements of the Atomic Energy Act of 1954, as amended, and the Commission's rules and regulations set forth in 10 CFR Chapter I; B.
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance (i) that the activities authorized by this administrative license change can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.
The issuance of this administrative license change will not be inimical to the common defense and security or to the health and safety of the public; and E.
The issuance of this administrative license change is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
2.
Accordingly, the FOL is changed, as indicated in the attachment.
3.
Except as otherwise noted in the NRC letter dated October 29, 2004, relaxing the requirement of Section III.A.2 of Order EA-03-086, this administrative license change is effective as of its date of issuance and shall be implemented on or before October 29, 2004.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
John A. Nakoski, Section Chief Security Plan Review Team Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation
Attachment:
Changes to the FOL Date of Issuance: October 29, 2004
CHANGES TO FACILITY OPERATING LICENSE NO. DPR-59 DOCKET NO. 50-333 Replace the following page of Facility Operating License DPR-59 with the attached revised page as indicated. The revised page is identified by revision date and contains marginal lines indicating the area of change.
Remove Page Insert Page 4
4 (4)
Systems Intergrity ENO shall implement a program to reduce leakage from the systems outside containment that would or could contain highly radioactive fluids during a serious transient or accident to as low as practical levels. This program shall include the following:
1.
Provisions establishing maintenance and periodic visual inspection requirement, and 2.
Leak test requirements for the systems at a frequency not to exceed operating cycle intervals.
(5)
Iodine Monitoring ENO shall implement a program which will ensure the capability to accurately determine the airborne iodine concentration in areas vital to the mitigation of or recovery from an accident. This program shall include the following:
1.
Training of personnel, 2.
Procedures for monitoring, and 3.
Provisions for maintenance of sampling and analysis equipment.
D.
Physical Protection ENO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822), and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The combined set of plans1, which contain Safeguards Information protected under 10 CFR 73.21, is entitled: "James A.
FitzPatrick Nuclear Power Plant Physical Security, Training & Qualification and Safeguards Contingency Plan, Revision 0," submitted by letter dated October 26, 2004.
E.
Power Uprate License Amendment Implementation The licensee shall complete the following actions as a condition of the approval of the power uprate license amendment.
1 The Training and Qualification Plan and Safeguards Contingency Plan are Appendices to the Security Plan.
Amendment No. 268 Revised by letter dated October 28, 2004