ML020800236

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Request for Extension of Time to Submit an Answer and Request a Hearing
ML020800236
Person / Time
Site: McGuire, Mcguire  Duke Energy icon.png
Issue date: 03/18/2002
From: Barron H
Duke Energy Corp
To: Collins S
Office of Nuclear Reactor Regulation
References
Download: ML020800236 (2)


Text

Duke Energy Corporation 9

Duke McGuire Nuclear Station Energy.

12700 Hagers Ferry Road Huntersville, NC 28078-9340 (704) 875-4800 OFFICE H. B. Barron (704) 875-4809 FAX Vice President March 18, 2002 Mr. Samuel J. Collins, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 McGuire Nuclear Station Facility Operating License Nos. NPF-9 and NPF-17 NRC Docket Nos. 50-369, 370 RE:

Request for Extension of Time to Submit an Answer and Request a Hearing

Dear Mr. Collins:

Section IV of the Nuclear Regulatory Commission's ("NRC") February 25, 2002 Order Modifying Licenses ("Order") states that, in accordance with 10 C.F.R. § 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, McGuire Nuclear Station, hereby requests an extension of time to supplement the Answer to the Order submitted March 18, 2002 and to request a hearing.

As required by Condition C. 1. of the Order, McGuire's response identifies actions that have been or will be taken to comply with each applicable requirement and provides a proposed schedule for implementation. We have responded to Condition B.1. (2) by identifying requirements with which compliance is unnecessary in McGuire's specific circumstances. With regard to Condition B.1. (1) and (3), McGuire has not identified any requirements with which McGuire is unable to comply or for which compliance would cause McGuire to be in violation of a Commission regulation or facility license. With regard to Condition B.2, McGuire has not identified any requirement the implementation of which would adversely impact safe operation of the facility.

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U. S. Nuclear Regulatory Commission March 18, 2002 Page 2 In a few instances, as detailed in the March 18, 2002 submittal from H. B. Barron 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.

As a result, pursuant to Section IV of the Order, McGuire requests (1) an extension of time to file an answer for Interim Compensatory Measures B.l.c, B.2.a(l) and B.2.a(2) until the date identified in our March 18 submittal for completing the analyses and or other actions with respect to those Interim Compensatory 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, McGuire 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 McGuire to be in violation of NRC regulations or a facility license. Accordingly, McGuire 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, McGuire 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.

H.B. Barron