ML020780489

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Request for Extension on Time to Submit an Answer and Request a Hearing
ML020780489
Person / Time
Site: Calvert Cliffs  Constellation icon.png
Issue date: 03/15/2002
From: Cruse C
Constellation Nuclear
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML020780489 (5)


Text

Charles H. Cruse 1650 Calvert Cliffs Parkway Vice President Lusby, Maryland 20657 Nuclear Energy 410 495-4455 Constellation Nuclear Calvert Cliffs Nuclear Power Plant A Member of the Constellation Energy Group March 15, 2002 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION:

Mr. Samuel J. Collins, Director, Office of Nuclear Reactor Regulation

SUBJECT:

Calvert Cliffs Nuclear Power Plant Unit Nos. 1 & 2; Docket Nos. 50-317 & 50-318 Request for Extension of Time to Submit an Answer and Request a Hearing Section IV of the Nuclear Regulatory Commission's (NRC) February 25, 2002 Order Modifying Licenses (Order) states that, in accordance with 10 CFR 2.202, a Licensee must submit an answer to the Order and may request an extension of time in which to submit an answer or to request a hearing on the Order within 20 days of the date of the Order.

In addition, the Order states, "[w]here good cause is shown, consideration will be given to extending the time to request a hearing."

For the following reasons, Calvert Cliffs Nuclear Power Plant, Inc. (Calvert Cliffs), hereby requests an extension of time to supplement the Answer to the Order submitted March 15, 2002 and to request a hearing.

As required by Condition C.1 of the Order, Calvert Cliffs' response for each of the facilities identifies specific actions to be taken to comply with each applicable requirement and provides a schedule for implementation. We have responded to Conditions B. 1 and B.2 by identifying requirements with which compliance is unnecessary in Calvert Cliffs' specific circumstances.

In a few instances, as detailed in the March 15, 2002 submittal from Charles H. Cruse to the NRC, we are unable to complete the necessary evaluations to determine what actions are appropriate and what an appropriate schedule for implementation would be within the required response time. Because we will be unable to ascertain the appropriate actions in the context of meeting the NRC's intent for these measures, we will be unable to determine whether it is necessary to request a hearing until we have completed the analyses and/or actions with respect to these matters.

Because of the unique nature of the situation that precipitated issuance of the Order, pursuant to Section IV of the Order, Calvert Cliffs requests (1) an extension of time to file an answer for Interim Compensatory Measures B.2.a.(1), B.2.a.(2), and B.4.g until the dates identified in our March 15, 2002 submittal for completing the analysis and/or other actions with respect to those Interim Compensatory

Mr. Samuel J. Collins March 15, 2002 Page 2 Measures, and (2) a comparable extension of time to file a request for hearing with respect to those matters.

Good cause exists for this request.

Several complex analyses are being performed related to these measures. Until these analyses required to respond to the Order are complete, Calvert Cliffs cannot know if it is able to comply with the Order in these respects, if compliance is necessary in the circumstances, or if compliance would cause Calvert Cliffs to be in violation of NRC regulations or the facility license.

Accordingly, Calvert Cliffs cannot know at this time how its interests will be affected by the Order and cannot determine at this time whether a request for a hearing would be appropriate. Thus, as noted above, Calvert Cliffs requests an extension of time to file an answer to certain Interim Compensatory Measures, and similarly requests an extension of time for requesting a hearing on that portion of the Order that relates to these certain Interim Compensatory Measures.

Should you have questions regarding this matter, we will be pleased to discuss them with you.

Very truly yours, CHC/TER/bj d cc:

R. S. Fleishman, Esquire J. E. Silberg, Esquire Director, Project Directorate I-1, NRC D. M. Skay, NRC H. J. Miller, NRC Resident Inspector, NRC R. I. McLean, DNR

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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Calvert Cliffs Nuclear Power Plant, Inc.

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Docket Nos.

(Calvert Cliffs Nuclear Power Plant,

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50-317 Units 1 and 2)

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50-318 LICENSEE'S ANSWER TO FEBRUARY 25, 2002 COMMISSION ORDER TO MODIFY LICENSE FOR INTERIM SAFEGUARDS AND SECURITY MEASURES On February 25, 2002, the Nuclear Regulatory Commission ("NRC" or "Commission") issued an immediately effective order in the captioned matter entitled Order Modifying Licenses (Effective Immediately) ("Order") to, inter alia, Calvert Cliffs Nuclear Power Plant, Inc. ("Calvert Cliffs"). The Order stated that following September 11, 2001, the Commission took a number of actions, including the commencement of a comprehensive review of its safeguards and security programs and requirements.

The Commission stated its determination that power reactor licensees be required to implement compensatory measures as prudent, interim actions to address the generalized high-level threat environment in a consistent manner throughout the nuclear reactor community.

Therefore, the NRC stated it was imposing requirements as set forth in Attachment 2 of the Order' Calvert Cliffs has responded to the substantive requirements of the Order in a letter dated March 15, 2002 in accordance with the provisions of 10 C.F.R. § 50.4, as directed by the Order.2 Pursuant to 10 C.F.R. § 2.202(d), Calvert Cliffs consents to the Order, except as follows:

pursuant to a letter sent to Mr. Samuel J. Collins, Director, Nuclear Reactor Regulation, on March 15, 2002, in the same dockets, Calvert Cliffs has requested an extension of time in which to request a hearing I contained Safeguards Information and was not publicly released.

2 The enclosures to that letter were transmitted as Safeguards Information.

with respect to certain interim compensatory measures in Attachment 2 of the Order. The request is based on the pendency of several analyses needed to provide a basis to determine whether a request for a hearing would be appropriate. That request for extension of time is incorporated by reference in this Answer.

Respectfully submitted, Calvert Cliffs Nuclear Power Plant, Inc.

Charle H. Cruse Vice President - Nuclear Energy STATE OF MARYLAND The above-subscribed individual appeared before me on this &Jday of LJ,.)O002 and made oath that he is duly authorized to execute this Answer on behalf of Calvert Cliffs Nuclear Power Plant, Inc.,

and the statements contained within this Answer are true to the best of his knowledge, information, and belief.

Before me, Notary Public My Commission Expires: OdJo01 i0i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Calvert Cliffs Nuclear Power Plant, Inc.

(Calvert Cliffs Nuclear Power Plant, Units 1 and 2)

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DocketNos. 50-317 50-318 CERTIFICATE OF SERVICE I hereby certify that copies of the ANSWER TO FEBRUARY 25, 2002, COMMISSION ORDER TO MODIFY LICENSE FOR INTERIM SAFEGUARDS AND SECURITY MEASURES in the captioned action have been served on the following by deposit in the United States mail, first class, or by overnight delivery, as indicated by an asterisk (*), this 15th day of March 2002.

Secretary Office of the Secretary U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Washington, DC 20555-0001 Regional Administrator - Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 (two copies)

Mr. Samuel J. Collins*

Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 5-E7 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 Assistant General Counsel for Materials Litigation and Enforcement U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Charles-K. Cruse Vice President - Nuclear Energy Calvert Cliffs Nuclear Power Plant, Inc.

STATE OF MARYLAND The above-subscribed individual appeared before me this 5_t"ay of"2002 and made oath that he is duly authorized to serve this Answer on behalf of Calvert Cliffs Nuclear Power Plant, Inc., and has done so the best of his knowledge, information, and belief.

Before me, Notary Public My Commission Expires: L d r

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