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Rescission of Certain Power Reactor

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Rescission of Certain Power Reactor UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 3, 2019 Holders of Licenses for Operating Power Reactors as Listed in the Enclosure SUBJECT: WITHDRAWAL OF CERTAIN POWER REACTOR SECURITY ORDERS APPLICABLE TO NUCLEAR POWER PLANTS Following the terrorist attacks on September 11, 2001, the U.S. Nuclear Regulatory Commission (NRC) supplemented the security measures required for protection against the design-basis threat at nuclear power reactor facilities through a series of security orders. These orders established new requirements for plant security, emergency preparedness, and training enhancements. Following the issuance of the orders, each operating reactor licensee addressed the actions in the power reactor security orders in a response to the NRC. In its review of licensees' responses to the security orders, the NRC staff (the staff) found that licensees had incorporated many of the order requirements into their respective NRC-approved physical security, emergency preparedness, training and qualification, and safeguards contingency plans. The NRC amended Title 10 of the Code of Federal Regulations (10 CFR) Parts 50, 52, 72, and 73, including Appendices B and C to Part 73, through a final rule ("Power Reactor Security Requirements") published in the Federal Register on March 27, 2009 (74 FR 13925). The rulemaking codified generically applicable security requirements previously issued by orders and updated the existing power reactor security requirements. The rule became effective on May 26, 2009. The NRC required licensees to be in compliance with the final rule no later than March 31, 2010. The power reactor security rulemaking incorporated all or part of the requirements set forth in the following power reactor security orders: • EA-02-026, "Order for Interim Safeguards and Security Compensatory Measures," dated February 25, 2002 (Partial) • EA-02-261, "Order for Compensatory Measures Related to Access Au.thorization," dated January 7, 2003 (All} • EA-03-039, "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," dated April 29, 2003 (All) Therefore, the NRC staff determined that the generically applicable security requirements set forth in the orders were adequately captured in the applicable NRC regulations, and the requirements of Orders EA-02-261 and EA-03-039 were withdrawn in their entirety, while the - 2 - requirements of Order EA-02-026 were withdrawn in part. Specifically, all requirements in Order EA-02-026 were withdrawn except Requirements B.1.a, B.5.d, and B.5.e. Requirement B.5.d requires the licensee to review Safeguards and Emergency Plans and take actions to ensure that emergency onsite staffing, facilities, and procedures are adequate to accomplish actions necessary for response to terrorist threats. The Safeguards portion was previously .addressed in security rulemakings through a final rule ("Power Reactor Security Requirements") published in the Federal Register on March 27, 2009 (7 4 FR 13925). Requirement B.5.e requires the licensee to provide emergency action levels to ensure that a site-specific credible threat results in a declaration of at least a Notification of Unusual Event. It also requires the licensee to review and validate the strategy for escalation to higher event classifications. The NRC subsequently amended the emergency preparedness regulations in 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities," specifically, 10 CFR 50.47, "Emergency Plans," and Appendix E to 10 CFR Part 50, "Emergency Planning and Preparedness for Production and Utilization Facilities," through a final rule ("Enhancements to Emergency Preparedness Regulations") published in the Federal Register on November 23, 2011 (76 FR 72560). The rule became effective on December 23, 2011. The three requirements in Order EA-02-026 that were not previously withdrawn had not been completely captured in regulations following the 2009 rulemaking. Requirements B.5.d (partially captured) and B.5.e (not captured) were incorporated into regulations via the November 2011 emergency preparedness final rule. Therefore, I hereby withdraw Requirements B.5.d and B.5.e of Order EA-02-026. The remaining requirement of Order EA-02-026 not covered by existing regulations (B.1.a) involves operator training and remains in effect. Licensees should assess the impact that the withdrawal of these two requirements from Order EA-02-026 will have on their facility licenses and emergency plans to determine if any additional actions or changes are necessary to ensure compliance with the current regulatory requirements. Please contact your licensing project manager to facilitate resolution of any issue related to the information provided in this letter, or if you have any other questions. Sincerely, Ho K. Nieh, Director Office of Nuclear Reactor Regulation Docket Nos.: See enclosure cc: Listserv LIST OF APPLICABLE POWER REACTOR LICENSEES Arkansas Nuclear One, Units 1 and 2 Browns Ferry Nuclear Plant Entergy Operations, Inc. Tennessee Valley Authority Docket Nos. 50-313 and 50-368 Docket Nos. 50-259, 50-260 and 50-296 License Nos. DPR-51 and NPF-6 License Nos. DPR-33, DPR-52 and DPR-68 ANO Site Vice President Mr. Joseph W. Shea Arkansas Nuclear One Vice President, Nuclear Regulatory Affairs Entergy Operations, Inc. and Support Services 1448 S.R. 333 Tennessee Valley Authority Russellville, AR 72802 1101 Market Street, LP 4A Chattanooga, TN 37 402-2801 Beaver Valley Power Station First Energy Nuclear Operating Company Docket Nos. 50-334 and 50-412 Brunswick Steam Electric Plant License Nos. DPR-66 and NPF-73 Duke Energy Progress, LLC Docket Nos. 50-325 and 50-324 Mr. Richard D. Bologna License Nos. DPR-71 and DPR-62 Site Vice President FirstEnergy Nuclear Operating Company Mr. William R. Gideon Beaver Valley Power Station Site Vice President P.O. Box 4, Route 168 Brunswick Steam Electric Plant Shippingport, PA 15077 8470 River Rd ., SE (M/C BNP001) Southport, NC 28461 Braidwood Station Exelon Generation Company, LLC Byron Station, Units 1 and 2 Docket Nos. STN 50-456 and STN 50-457 Exelon Generation Company, LLC License Nos. NPF-72 and NPF-77 Docket Nos. STN 50-454 and STN 50-455 License Nos. NPF-37 and NPF-66 Mr. Bryan C. Hanson Senior Vice President Mr. Bryan C. Hanson Exelon Generation Company, LLC Senior Vice President President and Chief Nuclear Officer CNO) Exelon Generation Company, LLC Exelon Nuclear President and Chief Nuclear Officer (CNO) Braidwood Station Exelon Nuclear 4300 Winfield Road Byron Station Warrenville, IL 60555 4300 Winfield Road Warrenville, IL 60555 Enclosure - 2 - Callaway Plant Columbia Generating Station Union Electric Company Energy Northwest Docket No. 50-483 Docket No. 50-397 License No. NPF-30 License No. NPF-21 Mr. Fadi Diya Mr. Bradley J. Sawatzke Senior Vice President and Chief Executive Officer Chief Nuclear Officer Energy Northwest Ameren Missouri Columbia Generating Station Callaway Plant MD 1023 8315 County Road 459 76 North Power Plant Loop Fulton, MO 65077 North Power Plant Loop P.O. Box 968 Calvert Cliffs Nuclear Power Plant Richland, WA 99352-0968 Calvert Cliffs Nuclear Power Plant, LLC Docket Nos. 50-317 and 50-318 Comanche Peak Nuclear Power Plant License Nos. DPR-53 and DPR-69 Vistra Operations Company, LLC Docket Nos. 50-445 and 50-446 Mr. Bryan C. Hanson, Senior Vice President License Nos. NPF-87 and NPF-89 Exelon Generation Company, LLC President and Chief Nuclear Officer Mr. Ken J. Peters Exelon Nuclear Senior Vice President & 4300 Winfield Road Chief Nuclear Officer Warrenville, IL 60555 Attention: Regulatory Affairs Vistra Operations Company, LLC Catawba Nuclear Station Comanche Peak Nuclear Power Plant Duke Energy Carolinas, LLC 6322 N FM 56 Docket Nos. 50-413 and 50-414 P.O. Box 1002 License Nos. NPF-35 and NPF-52 Glen Rose, TX 76043 Mr. Robert T. Simril Cooper Nuclear Station Site Vice President Nebraska Public Power District Duke Energy Carolinas, LLC Docket No. 50-298 Catawba Nuclear Station License No. DPR-46 4800 Concord Road York, SC 29745 Mr. John Dent, Jr. Vice President-Nuclear and CNO Clinton Power Station Nebraska Public Power District Exelon Generation Company, LLC Cooper Nuclear Station Docket No. 50-461 72676 648A Avenue License No. NPF-62 Brownville, NE 68321 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO) Exelon Nuclear Clinton Power Station 4300 Winfield Road Warrenville, IL 60555 -3- Davis-Besse Nuclear Power Station Dresden Nuclear Power Station First Energy Nuclear Operating Company Exelon Generation Company, LLC Docket No. 50-346 Docket Nos. 50-237 and 50-249 License No. NPF-3 License Nos. DPR-19 and DPR-25 Mr. Mark Bezilla Mr. Brya_n C. Hanson Site Vice President Senior Vice President FirstEnergy Nuclear Operating Company Exelon Generation Company, LLC Davis-Besse Nuclear Power Station President and Chief Nuclear Officer 5501 N. State Route 2 Exelon Nuclear Mail Stop A-DB-3080 Dresden Nuclear Power Station Oak Harbor, OH 43449-9760 4300 Winfield Road Warrenville, IL 60555 Diablo Canyon Power Plant Pacific Gas and Electric Company Duane Arnold Energy Center Docket Nos. 50-275 and 50-323 NextEra Energy Duane Arnold, LLC License Nos. DPR-80 and DPR-82 Docket No. 50-331 License No. DPR-49 Mr. James M. Welsch Vice President, Nuclear Generation and Mr. Mano Nazar Chief Nuclear Officer President and Chief Nuclear Officer Pacific Gas and Electric Company Nuclear Division Diablo Canyon Power Plant NextEra Energy Duane Arnold, LLC P.O. Box 56, Mail Code 104/6 Mail Stop: EX/JB Avila Beach, CA 93424 700 Universe Blvd. Juno Beach, FL 33408 Donald C. Cook Nuclear Plant Indiana Michigan Power Company Edwin I. Hatch Nuclear Plant, Units 1 and 2 Docket Nos. 50-315 and 50-316 Southern Nuclear Operating Co., Inc. License Nos. DPR-58 and DPR-7 4 Docket Nos.
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