ML090330496

Acceptance Review of License Amendment Request to Adopt the National Fire Protection Association Standard No. 805, Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants,..

ML090330496
Person / Time
Site:	Oconee
Issue date:	02/02/2009
From:	Stang J Plant Licensing Branch II
To:	Baxter D Duke Energy Carolinas
Stang J, NRR/DORL, 415-1345
References
TAC MD8832, TAC MD8833, TAC MD8834
Download: ML090330496 (2)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 2, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3, ACCEPTANCE REVIEW OF LICENSE AMENDMENT REQUEST TO ADOPT THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD NO. 805, "PERFORMANCE-BASED STANDARD FOR FIRE PROTECTION FOR LIGHT WATER REACTOR ELECTRIC GENERATING PLANTS," (2001 EDITION) (TAC NOS. MD8832, MD8833, AND MD8834)

Dear Mr. Baxter:

By application dated May 30,2008, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML081650475) and October 31,2008, (ADAMS Accession No. ML083120362), Duke Energy Carolinas, LLC (Duke, the licensee), submitted a proposed license amendment request (LAR) for the Oconee Nuclear Station Units 1, 2, and 3. The proposed amendment would enable the licensee to adopt a new fire protection licensing basis which complies with the requirements in Title 10 of the Code of Federal Regulations (10 CFR),

Section 50.48(a) and (c). Specifically, the licensee would transition their fire protection program to one based on the National Fire Protection Association standard number 805 (NFPA 80S),

"Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants," (2001 Edition).

Consistent with 10 CFR 50.90, an amendment to the license (including the technical specifications) must fully describe the changes requested, and follow, as far as applicable, the form prescribed for original applications. Section 50.34 of 10 CFR addresses the content of technical information required. This section stipulates that the submittal address the design and operating characteristics, unusual or novel design features, and principal safety considerations.

The U.S. Nuclear Regulatory Commission (NRC) staff performed an acceptance review of the LAR in accordance with Revision 0 of the Office of Nuclear Reactor Regulation's (NRR's) Office Instruction L1C-109, "Acceptance Review Procedures," (ADAMS Accession No. ML081200811).

The NRC staff identified several issues involving missing or incomplete information which present challenges to completing a comprehensive review of the LAR on an acceptable schedule.

On January 12 and 22, 2009, telephone conference calls were held with the licensee to discuss the LAR issues identified by the NRC staff during the acceptance review. The NRC staff will forward a request for LAR issues to the licensee in a separate letter. The licensee intends to provide additional technical information to address each of the identified issues. The licensee verbally committed to provide the information that does not require approval from Oconee site management by February 9, 2009, and the remaining information that requires Oconee site management approval by February 23, 2009.

D. Baxter -2 Under the normal NRC acceptance review process, this licensing action would not be accepted because of the missing or incomplete information. However, the NRC staff concluded that since the licensee is an NFPA 805 pilot plant, providing the licensee with the option of providing responses to these issues while the NRC staff continues its review of acceptable sections of the LAR is in the best interest of the licensee, the NRC, the public, and the non-pilot I\lFPA 805 licensees because the pilot process serves a dual purpose. In addition to assisting in the development of the LARs for the pilot plant licensees, the process also provides a significant benefit to the NRC staff, the other NFPA 805 transitioning licensees, and the industry as a whole.

As with any pilot evolution, there are many lessons to be learned in both the development of I\lFPA 805 submittals and the associated NRC staff's review of those submittals. These lessons are being factored into the regulatory infrastructure (Regulatory Guides (RG), Standard Review Plan, Inspection Procedures, etc.). On this basis, the NRC finds it should invoke the rare exception provision of L1C-1 09 and accept the LAR for review which would otherwise be unacceptable.

Therefore, for the reasons identified above, the NRC staff recommends the use of the rare exception provision of L1C-1 09, recommending that the submittal be conditionally accepted while additional supplemental material is provided at a later date. Continuing to review the submittal in order to capture the lessons learned from the pilot process on an expedited basis and disseminate those lessons is a benefit to the various stakeholders.

If you have any questions, please call me at 301-415-1345.

Sincerely,

~g, Senia ojecl Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: Distribution via Listserv

ML090330496 NRR-004 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/LPL2-1/BC NRR/LPL2-1/PM NAME JStang MO'Brien MWong JStang DATE 2/2/09 2/2/09 2/2/09 2/2/09