ML053530018

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NRC Response to Amerenue'S Letter of Intent to Adopt 10 CFR 50.48(c) (NFPA 805 Rule) for Callaway Plant, Unit 1
ML053530018
Person / Time
Site: Callaway Ameren icon.png
Issue date: 01/31/2006
From: Catherine Haney
Plant Licensing Branch III-2
To: Naslund C
AmerenUE
Donohew J N, NRR/DLPM,415-1307
References
Download: ML053530018 (3)


Text

January 31, 2006 Mr. Charles D. Naslund, Senior Vice President and Chief Nuclear Officer Callaway Plant AmerenUE P.O. Box 620 Fulton, MO 65251

SUBJECT:

NRC RESPONSE TO AMERENUES LETTER OF INTENT TO ADOPT 10 CFR 50.48(c) (NFPA 805 RULE) FOR CALLAWAY PLANT, UNIT 1

Dear Mr. Naslund:

This letter responds to your letter dated December 2, 2005 (Agencywide Documents Access and Management Systems Accession No. ML053420340), in which you informed us that AmerenUE intends to adopt National Fire Protection Association (NFPA) 805, Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generating Plants, 2001 Edition (NFPA 805 Rule), in accordance with the requirements in Title 10 of the Code of Federal Regulations (10 CFR) Paragraph 50.48(c) for the Callaway Plant.

In your letter, you informed us that your transition to the performance-based fire protection standard will commence in January 2006. You also indicated that the actual start date will be contingent on finalizing the contract vendor. Your letter requests enforcement discretion for existing U.S. Nuclear Regulatory Commission (NRC) identified unresolved items and non-compliances identified during the transition process in accordance with the NRCs Interim Enforcement Policy (69 FR 33684 and 70 FR 2662) for 24 months. Since you met the deadline to receive the discretion for existing identified non-compliances, NRC approves your request.

In accordance with the current Enforcement Policy, your discretion period will begin December 31, 2005, and expire on December 31, 2007.

In your letter, you requested an enforcement discretion window of 3 years to allow program development, submittal of an amendment request, and NRC approval of the request. A number of utilities have requested a 36-month enforcement discretion window to have time to create a fire probabilistic risk assessment. Issues similar to ones you raised, as the basis for requesting a 36-month enforcement discretion window, have been raised by the other licensees that have sent us a letter of intent to adopt NFPA 805. The NRC staff is considering your request and will contact you when we have reached a decision.

You have also proposed that we consider the Callaway Plant as a pilot for the NFPA 805 Transition Pilot Program. NRC has already selected two pilot plants to enable us to develop and refine the regulatory structure supporting the NFPA 805 implementations. The Chief Financial Officer will respond to you separately on your request for a fee waiver per regulation 10 CFR 170.11.

C. Naslund 2 In your letter you have requested a meeting with the NRC staff in early 2006, to review your project plans. You have also requested opportunities to keep the NRC staff informed of the transition status and be a forum to discuss and resolve issues identified during the course of the transition. We recognize the benefits from communications among transitioning licensees, Office of Nuclear Reactor Regulation (NRR), and regional staff. Therefore, we plan to hold periodic workshops at the regional offices on NFPA 805 implementation issues. We recognize that Callaway will be one of the first Region IV plants to transition to NFPA 805 and lessons learned from your transition would be beneficial to the Region IV staff and other licensees who are transitioning. These workshops will allow you to communicate ongoing transition issues and facilitate the development of acceptable solutions. It will also afford you a chance to learn from other licensees transition issues industry wide. In addition, the opportunity always exist for on-site visits to Callaway with NRR and regional staff on an as-needed basis.

Please note that in order to receive the enforcement discretion, you must evaluate the risk significance of all non-compliances to assure that they do not constitute Red findings, enter them into your corrective action program, and implement and maintain appropriate compensatory measures, until the NRC staff approves your license amendment request to transition to NFPA 805 and issues the safety evaluation report. Please refer to NRC Regulatory Issue Summary 2005-07 Compensatory Measures to Satisfy the Fire Protection Program Requirements, to determine appropriate compensatory measures.

If you have any questions regarding this matter, please contact Jack Donohew, NRR Project Manager for Callaway at (301) 415-1307 (jnd@nrc.gov).

Sincerely,

/RA/

Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-483 cc: See next page

ML053530018 NRR-056 OFFICE NRR/DRA/FPB NRR/DRA/FPB BC:NRR/DRA/FPB OE NAME NIqbal PLain SWeerakkody CNolan DATE 12/ 19 /05 12/ 23 /05 12/ 23 /05 01/ 12 /06 OFFICE BC:NRR/DRIS/IRIB BC:R-IV/DRS/EB2 CFO/DFM D:NRR/DRA NAME RGibbs Lsmith (Sunil for LSmith) RSuri JLyons DATE 01/ 05 /06 01/ 05 /06 (Email) 01/ 17 /06 01/ 19 /06 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DORL/LPL4/BC D:NRR/DORL NAME JDonohew LFeizollahi DTerao CHaney DATE 01/ 30 /06 01/ 30 /06 01/ 30 /06 01/ 31/06

Callaway Plant, Unit 1 cc:

Professional Nuclear Consulting, Inc.

19041 Raines Drive Mr. Dan I. Bolef, President Derwood, MD 20855 Kay Drey, Representative Board of Directors Coalition for the John ONeill, Esq. Environment Shaw, Pittman, Potts & Trowbridge 6267 Delmar Boulevard 2300 N. Street, N.W. University City, MO 63130 Washington, D.C. 20037 Mr. Lee Fritz, Presiding Commissioner Mr. Mark A. Reidmeyer, Regional Callaway County Court House Regulatory Affairs Supervisor 10 East Fifth Street Regulatory Affairs Fulton, MO 65151 AmerenUE P.O. Box 620 Mr. David E. Shafer Fulton, MO 65251 Superintendent, Licensing Regulatory Affairs U.S. Nuclear Regulatory Commission AmerenUE Resident Inspector Office P.O. Box 66149, MC 470 8201 NRC Road St. Louis, MO 63166-6149 Steedman, MO 65077-1302 Mr. Keith D. Young Mr. Les H. Kanuckel Manager, Regulatory Affairs Manager, Quality Assurance AmerenUE AmerenUE P.O. Box 620 P.O. Box 620 Fulton, MO 65251 Fulton, MO 65251 Mr. Keith G. Henke, Planner Missouri Public Service Commission Division of Community and Public Health Governor Office Building Office of Emergency Coordination 200 Madison Street 930 Wildwood P.O. Box 570 Jefferson City, MO 65102-0360 Jefferson City, MO 65102 Regional Administrator, Region IV Certrec Corporation U.S. Nuclear Regulatory Commission 4200 South Hulen, Suite 630 611 Ryan Plaza Drive, Suite 400 Fort Worth, TX 76109 Arlington, TX 76011-4005 Director, Missouri State Emergency Mr. H. Floyd Gilzow Management Agency Deputy Director for Policy P.O. Box 116 Missouri Department of Natural Resources Jefferson City, MO 65102-0116 P. O. Box 176 Jefferson City, MO 65102-0176 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KA 66839