ML071000033
| ML071000033 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/01/2007 |
| From: | Catherine Haney Plant Licensing Branch III-2 |
| To: | Bezilla M FirstEnergy Nuclear Operating Co |
| tsw1 | |
| References | |
| Download: ML071000033 (5) | |
Text
May 1, 2007 Mr. Mark B. Bezilla Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760
SUBJECT:
PERIOD OF ENFORCEMENT DISCRETION DURING IMPLEMENTATION OF NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 805, DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1
Dear Mr. Bezilla:
In a letter dated February 27, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070590517), you informed the U.S. Nuclear Regulatory Commission (NRC) that FirstEnergy Nuclear Operating Company will begin the transition to 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 Title 10 of the Code of Federal Regulations, Section 50.48(c), for Davis-Besse Nuclear Power Station (Davis-Besse), Unit No. 1.
In your letter, you stated that the transition will begin on March 1, 2007, and requested enforcement discretion for a period of 3 years for existing identified incidents of noncompliances in accordance with the NRCs Interim Enforcement Policy for Davis-Besse.
The transition will be conducted in two phases:
Phase I - Perform project planning and assessments Phase II - Perform engineering reviews and analyses A licensing amendment request (LAR) would be submitted at the end of Phase II, followed by implementing activities, including finalizing program documentation, implementing configuration control, and monitoring.
The NRC published in the Federal Register on April 18, 2006, (71 FR 19905) a revision to its enforcement policy extending the NFPA 805 transition discretion period from 24 to 36 months.
As such, I am informing you that your request for a 3-year enforcement discretion period is granted. The discretion period for Davis-Besse is considered to begin on March 1, 2007, and will expire on March 1, 2010. The enforcement discretion period, however, will continue while the NRC staff is reviewing your LAR.
As you are aware, in order to receive enforcement discretion, you must: (a) evaluate the risk significance of all noncompliances to assure that they do not constitute Red (or a Severity Level I) findings under the reactor oversight process, (b) enter them into your corrective action program, and (c) implement and maintain appropriate compensatory measures until you
M. B. Bezilla complete your corrective actions, or until the NRC staff approves your LAR and issues its safety evaluation. You should refer to NRCs Regulatory Issue Summary 2005-07, Compensatory Measures to Satisfy the Fire Protection Program Requirements, for additional NRC staff guidance on appropriate compensatory measures.
If you have any questions regarding this matter, please contact Thomas Wengert, Project Manager, at 301-415-4037 or TJW2@nrc.gov.
Sincerely,
/RA/
Catherine Haney, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page
ML071000033 Office LPL3-2/PM LPL3-2/LA LPL3-2/BC DRA/FPB/BC Name TWengert EWhitt RGibbs SWeerakkody Date 04/11/07 04/10/07 04/11/07 04/17/07 Office OE R-III/DRS/EB3/BC NRR/DRA/D NRR/DORL/D Name DSolorio JLara CHolden CHaney Date 04/24/07 04/27/07 04/27/07 05/1/07
Davis-Besse Nuclear Power Station, Unit 1 cc:
Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3065 5501 North State Route 2 Oak Harbor, OH 43449-9760 Director, Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4352 Resident Inspector U.S. Nuclear Regulatory Commission 5503 North State Route 2 Oak Harbor, OH 43449-9760 Stephen Helmer Supervisor, Technical Support Section Bureau of Radiation Protection Ohio Department of Health 35 East Chestnut Street, 7th Floor Columbus, OH 43215 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-2206 Zack A. Clayton DERR Ohio Environmental Protection Agency P.O. Box 1049 Columbus, OH 43266-0149 State of Ohio Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Attorney General Office of Attorney General 30 East Broad Street Columbus, OH 43216 President, Board of County Commissioners of Ottawa County Port Clinton, OH 43252 President, Board of County Commissioners of Lucas County One Government Center, Suite 800 Toledo, OH 43604-6506 The Honorable Dennis J. Kucinich United States House of Representatives Washington, D.C. 20515 The Honorable Dennis J. Kucinich United States House of Representatives 14400 Detroit Avenue Lakewood, OH 44107 Joseph J. Hagan President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 76 South Main Street Akron, OH 44308 David W. Jenkins, Attorney FirstEnergy Corporation Mail Stop A-GO-18 76 South Main Street Akron, OH 44308 Danny L. Pace Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Manager, Fleet Licensing FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308
Davis-Besse Nuclear Power Station, Unit 1 cc:
Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Richard Anderson Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 James H. Lash Senior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308