ML23312A130
| ML23312A130 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 11/07/2023 |
| From: | Scott Wall NRC/NRR/DORL/LPL3 |
| To: | Reynolds R Constellation Nuclear |
| Sreenivas V, NRR/DORL/LPL1, 415-2596 | |
| References | |
| EPID L-2023-LLE-0029 | |
| Download: ML23312A130 (1) | |
Text
From:
Scott Wall To:
Reynolds, Ronnie J:(Constellation Nuclear)
Cc:
Gropp Jr, Richard W:(Constellation Nuclear)
Subject:
FINAL RCI/RAI - Constellation Energy Generation, LLC - Ginna - Exemption from Security Rule (L-2023-LLE-0029)
Date:
Tuesday, November 7, 2023 3:13:48 PM
Dear Mr. Reynolds,
By letter dated October 16, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23289A104), Constellation Energy Generation, LLC (CEG) requested an exemption from the compliance date of January 8, 2024, for the implementation of the final rule for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, that became effective on April 13, 2023, for the R.E. Ginna Nuclear Power Plant (Ginna).
The NRC staff has reviewed the submittal and determined that confirmatory information is needed to complete its review. The specific questions are found in the enclosed request for confirmation of information (RCI) / request for additional information (RAI). On November 7, 2023, the CEG staff indicated that a response to the RCIs/RAIs would be provided by November 17, 2023.
If you have questions, please contact me at 301-415-2855 or via email at Scott.Wall@nrc.gov.
Scott P. Wall, LSS BB, BSP Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation 301.415.2855 Scott.Wall@nrc.gov
Docket No.: 50-244
Enclosure:
Request for Confirmation of Information / Request for Additional Information
cc: Listserv
RCI/RAI (Security Rule: NSIR)
REQUEST FOR CONFIRMATION OF INFORMATION
REQUEST FOR ADDITIONAL INFORMATION
EXEMPTION FROM SECURITY RULE
CONSTELLATION ENERGY GENERATION, LLC
R.E. GINNA NUCLEAR POWER PLANT
DOCKET NO. 50-244
By letter dated October 16, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23289A104), Constellation Energy Generation, LLC (CEG) requested an exemption from the compliance date of January 8, 2024, for the implementation of the final rule for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, that became effective on April 13, 2023, for the R.E. Ginna Nuclear Power Plant (Ginna).
The U.S. Nuclear Regulatory Commission (Commission, NRC) staff is reviewing your submittal and has identified areas where confirmatory information is needed to complete its review.
Request for Confirmatory Information:
- 1. Regarding CEGs request for exemption from the January 8, 2024, compliance date, please confirm the following:
o CEG is requesting an exemption for Ginna from specific requirements, as described below, associated with the final rule for Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, as identified in your submission; that would defer compliance with those provisions until December 31, 2024, or 180 days after publication of final Regulatory Guides, whichever is later.
o CEG is requesting an exemption to meeting specific requirements in 10 CFR Part 73, Subpart T, Security Notifications, Reports, and Recordkeeping, 10 CFR 73.1200(a) through 10 CFR 73.1200(t), Notification of Physical Security Events, 10 CFR 73.1205(a)(1) through 10 CFR 73.1205(e), Written Follow-up Reports of Physical Security Events, 10 CFR 73.1210(a)(1) through 10 CFR 73.1210(h), Recordkeeping of Physical Security Events, and Suspicious Activity Reports, 10 CFR 73.1215(a) through 10 CFR 73.1215(f) until the later of December 31, 2024 or 180 days after publication of the final Regulatory Guides.
o CEG is requesting an exemption for Ginna from using the definitions for the terms Contraband, and Time of Discovery as recently revised in 10 CFR 73.2, Definitions, until the later of December 31, 2024, or 180 days after publication of the final Regulatory Guides. The exemption would not apply to the definition of those terms that were in effect prior to the issuance of the 2023 revisions.
- 2. Confirm that the current Ginna site security plan implements the requirements of 10 CFR 73.71, Reporting of Safeguards Events for reporting the suspension of security measures.
o Confirm that Ginna will continue to comply with security event reporting, as previously required in 10 CFR 73.71, Reporting of Safeguards Events, and Appendix G to Part 73, Reportable Safeguards Events.
o Confirm that Ginna will use the definitions for the terms Contraband and Discovery (time of), in its site security plan consistent with how these terms are currently defined in Regulatory Guide 5.76, Revision 1, Physical Protection Programs at Nuclear Power Reactors.
- 3. Confirm that when Ginna states that it is implementing the new Access Authorization Rule it actually means that it is implementing the new 2022 10 CFR Part 26 Fitness for Duty Rule (87 FR 71422, November 22, 2022)?
- 4. Confirm that Ginna is currently complying with the requirements of Orders EA 092 and EA-14-139 (ML13038A114 and ML14260A151, respectively).
Request for Additional Information
- 1. Licensees that received an order issued under Section 161A (42 U.S.C. 2201a) prior to April 13, 2023, are not required to reapply for this authority. The requirements of such orders are superseded in their entirety by 10 CFR 73.15 and 10 CFR 73.17, and the orders will be withdrawn on January 8, 2024. Accordingly, these licensees must complete their transition from the confirmatory orders to the requirements in 10 CFR 73, Subpart B by January 8, 2024.
- a. Specify whether CEG is requesting an exemption to the compliance date for Ginna to comply with the specific requirements in 10 CFR Part 73, Subpart B, Enhanced Weapons, Preemption, and Firearms Background Checks, as set forth in 10 CFR 73.15, Authorization for Use of Enhanced Weapons and Preemption of Firearms Laws, and 10 CFR 73.17, Firearms Background Checks for Armed Security Personnel in its entirety or in part.
- b. If CEG is requesting an exemption from 10 CFR Part 73, Subpart B, in its entirety, provide a discussion of the impacts, justification, and/or rationale for an exemption from the requirements in 10 CFR 73.15 and 10 CFR 73.17.
- c. If CEG is requesting an exemption from 10 CFR Part 73, Subpart B, in part, identify the specific provisions in 10 CFR 73.15 and 10 CFR 73.17 for which an exemption is being requested and provide a discussion of the impacts, justification, and/or rationale for an exemption from these requirements.