ML083450002

From kanterella
Jump to navigation Jump to search

Evaluation of the Request for an Extension of Enforcement Discretion in Accordance with the Interim Enforcement Policy for Fire Protection Issues During Transition to NFPA 805
ML083450002
Person / Time
Site: Cook  
Issue date: 12/19/2008
From: Giitter J
Division of Operating Reactor Licensing
To: Rencheck M
Indiana & Michigan Electric Co, Nuclear Generation Group
beltz T, NRR/DORL/LPL3-1, 301-415-3049
References
TAC ME0061, TAC ME0062
Download: ML083450002 (3)


Text

December 19, 2008 Mr. Michael W. Rencheck Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - EVALUATION OF THE REQUEST FOR AN EXTENSION OF ENFORCEMENT DISCRETION IN ACCORDANCE WITH THE INTERIM ENFORCEMENT POLICY FOR FIRE PROTECTION ISSUES DURING TRANSITION TO NATIONAL FIRE PROTECTION STANDARD NFPA 805 (TAC NOS. ME0061 and ME0062)

Dear Mr. Rencheck:

On September 10, 2008, the U.S. Nuclear Regulatory Commission (NRC) published in the Federal Register (73 FR 52705) a revision to its Interim Enforcement Policy regarding enforcement discretion for certain fire protection issues, allowing licensees the option to request an extended enforcement discretion period for submittal of a license amendment request (LAR) if they are pursuing transition to Title 10 of the Code of Federal Regulations Section 50.48(c),

National Fire Protection Association Standard NFPA 805.

This revision states that an additional period of enforcement discretion may be granted on a case-by-case basis, if a licensee has made substantial progress in its transition effort. This additional period of enforcement discretion, if granted, would end 6 months after the date of the safety evaluation approving the second pilot plant LAR. These changes are in accordance with COMSECY-08-0022, as approved by the Commission on August 19, 2008. Per this guidance, if a licensee successfully submits their NFPA 805 LAR within the 6 month timeframe, enforcement discretion will continue in place, without interruption, until NRC disposition of the sites LAR to transition to NFPA 805.

By letter dated September 29, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML082820328), Indiana Michigan Power Company (the licensee) requested that the period of fire protection enforcement discretion for the Donald C. Cook Nuclear Plant, Units 1 and 2, be extended until 6 months after the NRCs approval of both pilot plant LARs to transition to the National Fire Protection Associations risk-informed, performance-based standard for light-water reactors (NFPA 805). Per the new interim fire protection enforcement policy outlined above, licensees may request an extension of their evaluation period beyond the 3 years of enforcement discretion previously provided.

To be granted this extension, a licensee must:

1.

Compile a list of all fire protection related non-compliances and the related compensatory measures for those non-compliances.

M. W. Rencheck

2.

Document that each Operator Manual Action put in place as a compensatory measure is feasible and reliable, in accordance with the guidance in Regulatory Issue Summary 2005-07, Compensatory Measures to Satisfy the Fire Protection Program Requirements."

3.

Submit a description of the physical modifications performed to address existing risk-significant fire protection non-compliances.

4.

Submit a status report of the transition, including a schedule of milestones, for completing the fire probabilistic risk assessment (PRA). The status report should describe the progress made in the following areas:

  • classical fire protection transition
  • nuclear safety performance criteria transition
  • non-power operation transitions
  • fire PRA development The lists of non-compliances, compensatory measures, and operator manual action feasibility determinations should be maintained on-site and up to date for inspector review.

The NRC staff reviewed the licensees request, and has determined that the licensee has made substantial enough progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for the Donald C. Cook Nuclear Plant, Units 1 and 2, is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR.

If you have any questions regarding this matter, please contact Terry Beltz, the project manager for the Donald C. Cook Nuclear Plant, at (301) 415-3049.

Sincerely,

/RA/

Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: Distribution via ListServ

M. W. Rencheck

2. Document that each Operator Manual Action put in place as a compensatory measure is feasible and reliable, in accordance with the guidance in Regulatory Issue Summary 2005-07, Compensatory Measures to Satisfy the Fire Protection Program Requirements."
3. Submit a description of the physical modifications performed to address existing risk-significant fire protection non-compliances.
4. Submit a status report of the transition, including a schedule of milestones, for completing the fire probabilistic risk assessment (PRA). The status report should describe the progress made in the following areas:
  • classical fire protection transition
  • nuclear safety performance criteria transition
  • non-power operation transitions
  • fire PRA development The lists of non-compliances, compensatory measures, and operator manual action feasibility determinations should be maintained on-site and up to date for inspector review.

The NRC staff reviewed the licensees request, and has determined that the licensee has made substantial enough progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for the Donald C. Cook Nuclear Plant, Units 1 and 2, is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR.

If you have any questions regarding this matter, please contact Terry Beltz, the project manager for the Donald C. Cook Nuclear Plant, at (301) 415-3049.

Sincerely,

/RA/

Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: Distribution via ListServ DISTRIBUTION:

PUBLIC RidsOgcRp Resource PLain, NRR LPL3-1 R/F RidsRgn3MailCenter Resource HBarrett, NRR RidsNrrDorlLpl3-1 Resource RidsNrrDraAfpb (AKlein)

CMoulton, NRR RidsNrrLATHarris Resource MVaaler, NRR RGallucci, NRR RidsNrrPMTBeltz Resource RidsAcrsAcnw_MailCTR Resource ADAMS Accession Number: ML083450002 NRR-106 OFFICE LPL3-1:PM LPL3-1:LA DRA/AFPB/BC LPL3-1:BC DORL/DD NAME TBeltz THarris AKlein*

LJames JGiitter DATE 12/15/08 12/17/08 12/12/08 12/18/08 12/19/08

  • by memo dated 12/12/2008 OFFICIAL RECORD COPY