ML090620089

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Unit No.1- 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
ML090620089
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 03/09/2009
From: Giitter J
Division of Operating Reactor Licensing
To: Polson K
Nine Mile Point
Guzman R, NRR/DORL, 415-1030
References
RIS-05-007, TAC ME0399
Download: ML090620089 (3)


See also: RIS 2005-07

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

Mr. Keith J. Polson

Vice President Nine Mile Point

Nine Mile Point Nuclear Station, LLC

P. O. Box 63

Lycoming, NY 13093

SUBJECT: NINE MILE POINT NUCLEAR STATION, UNIT NO.1 - 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 NO. ME0399)

Dear Mr. Polson:

On September 10, 2008, the 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 (10 CFR) Section 50.48{c),

"National Fire Protection 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. The enforcement

discretion will continue in place, without interruption, until NRC disposition of the site's transition

to I\IFPA 805.

By letter dated January 16, 2009, Nine Mile Point Nuclear Station, LLC (NMPNS) requested that

the period of fire protection enforcement discretion for Nine Mile Point Unit NO.1 (I\IMP1) be

extended until 6 months after the NRC's approval of both pilot plant LARs to transition to the

NFPA 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.

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."

K. Polson -2

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 NMPNS's request, and has determined that the licensee has made

sufficient progress in their transition to NFPA 805 in order to grant additional enforcement

discretion. Accordingly, the enforcement discretion period for NMP1 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 Richard Guzman, the Project

Manager for NMP1 at (301) 415-1030.

Sincerely,

~~

Jo eph G. Giitter, Director

D' ision of Operating Reactor Licensing

Office of Nuclear Reactor Regulation

Docket No. 50-220

cc: Distribution via ListServ

K. Polson -2

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 NMPNS's request, and has determined that the licensee has made

sufficient progress in their transition to NFPA 805 in order to grant additional enforcement

discretion. Accordingly, the enforcement discretion period for NMP1 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 Richard Guzman, the Project

Manager for NMP1 at (301) 415-1030.

Sincerely,

IRA!

Joseph G. Giitter, Director

Division of Operating Reactor Licensing

Office of Nuclear Reactor Regulation

Docket No. 50-220

cc: Distribution via ListServ

DISTRIBUTION:

PUBLIC RidsOgcRp PLain, NRR

LPLI-1 RlF RidsAcrsAcnw&mMailCenter HBarrett, NRR

RidsNrrDorlLpll-1 RidsRgn1 MailCenter CMoulton, NRR

RidsNrrLASLittle RidsNrrDraAfpb (AKlein) RGallucci, NRR

RidsNrrPMRGuzman RidsNrrPMMVaaler

ADAMS Accession Number: ML090620089 NRR-106

OFFICE LPLI-1\PM LPLI-1\LA LPLI-1\BC DORL/DD

NAME RGuzman SLittie MKowal JGiitter

DATE 3/04/09 3/05/09 3/09/09 3/09/09

OFFICIAL RECORD COPY