ML063050556

Period of Enforcement Discretion During Implementation of National Fire Protection Association Standard 805, Cooper Nuclear Station

ML063050556
Person / Time
Site:	Cooper
Issue date:	10/30/2006
From:	Catherine Haney Plant Licensing Branch III-2
To:	Edington R Nebraska Public Power District (NPPD)
Benney B, NRR/DLPM, 415-3764
Shared Package
ML063050585	List: ML063050556 ML063050576
References
Download: ML063050556 (4)

Text

October 30, 2006 Mr. Randall K. Edington Vice President-Nuclear and Chief Nuclear Officer Nebraska Public Power District Cooper Nuclear Station P.O. Box 98 Brownville, NE 68321

SUBJECT:

PERIOD OF ENFORCEMENT DISCRETION DURING IMPLEMENTATION OF NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 805, COOPER NUCLEAR STATION

Dear Mr. Edington:

In a letter dated March 7, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML060250510), the U.S. Nuclear Regulatory Commission (NRC) acknowledged your letter of December 22, 2005 (ADAMS No. ML053640280), in which you stated that the Nebraska Public Power District intended to adopt National Fire Protection Association (NFPA) Standard 805, NFPA 805, Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generating Plants, 2001 Edition, pursuant to paragraph 50.48©) of Title 10 of the Code of Federal Regulations (10 CFR 50.48©)), at Cooper Nuclear Station (CNS).

In your letter, you requested enforcement discretion for a period of 48 months for existing identified incidents of noncompliance, in accordance with the NRCs interim enforcement policy.

In our March 7, 2006 letter, the NRC granted a 2-year enforcement discretion period for CNS.

However, we also noted that the NRC is considering your request for an extended discretion period and will contact you when we have reached a decision.

On the basis of a revision to the Enforcement Policy (71 FR 19905), a 3-year enforcement discretion period has been granted. Currently, the NRC is not granting additional extensions to the existing approved enforcement discretion policy. Therefore, the NRC considers the discretion period for CNS, which began on December 22, 2005, to expire on December 22, 2008. Towards the end of your 36-month discretion period, you may request an extension. However, any extension requests should address what events occurred that were outside licensees control that precluded the completion of transition during the allotted discretion period.

As you are aware, in order to receive enforcement discretion, you must: (a) evaluate the risk significance of all noncompliance to assure that they do not constitute Red (or a Severity Level I) findings under the Reactor Oversight Program, (b) enter them into your corrective action program, and ©) implement and maintain appropriate compensatory measures until you

R. Edington complete your corrective actions, or until the NRC staff approves your license amendment request and issues its safety evaluation. You should refer to NRC Regulatory Issue Summary 2005-07, Compensatory Measures to Satisfy the Fire Protection Program Requirements, for additional NRC staffs guidance on appropriate compensatory measures.

If you have any questions regarding this matter, please contact Brian J. Benney, Project Manager, at 301-415-3764 or BJB@nrc.gov.

Sincerely,

/RA by John Lubinski for/

Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-298 cc: See next page

Package: ML063050585; Letter: ML063050556; E-Mail: ML063050576 NRR-106 Office LPL4/PM LPL4/LA BC:AFPB BC:IRIB Name BBenney LFeizollahi SWeerakkody RGibbs Date 10/30/06 10/24/06 09/27/06 10/02/06 Office OE BC:R-IV/DRS/EB2 BC:LPL4 D:NRR/DORL Name DSolorio Lsmith (by email) DTerao CHaney Date 10/18/06 10/20/06 10/04/06 10/30/06 Cooper Nuclear Station cc:

Mr. William J. Fehrman Mr. H. Floyd Gilzow President and Chief Executive Officer Deputy Director for Policy Nebraska Public Power District Missouri Department of Natural Resources 1414 15th Street P. O. Box 176 Columbus, NE 68601 Jefferson City, MO 65102-0176 Mr. Michael T. Boyce Senior Resident Inspector Nuclear Assett Manager U.S. Nuclear Regulatory Commission Nebraska Public Power District P. O. Box 218 P. O. Box 98 Brownville, NE 68321 Brownville, NE 68321 Regional Administrator, Region IV Mr. John C. McClure U.S. Nuclear Regulatory Commission Vice President and General Counsel 611 Ryan Plaza Drive, Suite 400 Nebraska Public Power District Arlington, TX 76011 P. O. Box 499 Columbus, NE 68602-0499 Director, Missouri State Emergency Management Agency Mr. Paul V. Fleming P. O. Box 116 Licensing Manager Jefferson City, MO 65102-0116 Nebraska Public Power District P.O. Box 98 Chief, Radiation and Asbestos Brownville, NE 68321 Control Section Kansas Department of Health Mr. Michael J. Linder, Director and Environment Nebraska Department of Environmental Bureau of Air and Radiation Quality 1000 SW Jackson P. O. Box 98922 Suite 310 Lincoln, NE 68509-8922 Topeka, KS 66612-1366 Chairman Mr. Daniel K. McGhee Nemaha County Board of Commissioners Bureau of Radiological Health Nemaha County Courthouse Iowa Department of Public Health 1824 N Street Lucas State Office Building, 5th Floor Auburn, NE 68305 321 East 12th Street Des Moines, IA 50319 Ms. Julia Schmitt, Manager Radiation Control Program Mr. Keith G. Henke, Planner Nebraska Health & Human Services R & L Division of Community and Public Health Public Health Assurance Office of Emergency Coordination 301 Centennial Mall, South 930 Wildwood P.O. Box 570 P.O. Box 95007 Jefferson City, MO 65102 Lincoln, NE 68509-5007

Jerry C. Roberts, Director of Nuclear Safety Assurance Nebraska Public Power District P.O. Box 98 Brownville, NE 68321 Mr. John F. McCann, Director Licensing, Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

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