ML090700572

Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2, Denial of Request for Extension of Enforcement Discretion

ML090700572
Person / Time
Site:	Hatch, 03000366
Issue date:	04/23/2009
From:	Giitter J G Division of Operating Reactor Licensing
To:	Ajluni M J Southern Nuclear Operating Co
Martin R E, NRR/DORL, 415-1493
References
TAC MD0822, TAC MD0823
Download: ML090700572 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 April 23, 2009 Mr. M. J. Ajluni Manager, Nuclear Licensing Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35201 EDWIN I. HATCH NUCLEAR PLANT, UNIT NOS. 1 AND 2, REQUEST FOR EXTENSION OF ENFORCEMENT DISCRETION (TAC NO. MD0822, MD0823)

Dear Mr. Ajluni:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated March 6, 2009 (Agencywide Document Access and Management System (ADAMS) Accession No. ML090680143), Southern Nuclear Operating Company, Inc. (SNC), submitted a request for extension of enforcement discretion with respect to the requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 50, Appendix R,Section III.G.2, "Fire protection of safe shutdown capability." In your letter, you reviewed the progress of this issue as discussed in earlier NRC and SNC documentation, including Enforcement Guidance Memorandum (EGM) 07-004, "Enforcement Discretion For Post-Fire Manual Actions Used As Compensatory Measures For Fire Induced Circuit Failures," (ADAMS Accession No. ML071830345). One of the purposes of the EGM, was to emphasize that March 6, 2009, was the date for the completion of corrective actions associated with noncompliances involving operator manual actions, as stated in the following paragraph:

This EGM also emphasized that March 6, 2009, or the end date consistent with the licensee's NFPA-805 transition schedule, is the date by which the licensee must complete corrective actions associated with noncompliances involving operator manual actions in order to receive enforcement discretion.

These completion dates for corrective actions are consistent with the Commission's direction provided in the Federal Register notice (71 FR 11169). The EGM further noted that "The corrective actions for noncompliances involving operator manual actions could involve compliance with Appendix R, Sections III.G.2 or III.G.3; adoption of National Fire Protection Association Standard 805 (NFPA-805), through 10 CFR 50.48(c); or submission of exemption requests or license amendments." The EGM does not include provisions for extension of enforcement discretion beyond March 6, 2009. The NRC staff understands from your letter of March 6, 2009, that modifications were completed during the Hatch Unit 2 Spring 2009 outage that will "eliminate all non-compliant operator manual actions," and that SNC's position is that these modifications brought Hatch Unit 2 into compliance with the applicable provisions of Appendix R. Accordingly, SNC's request of March 6, 2009, was not applicable to Hatch Unit 2. These modifications are subject to inspection under the Regulatory Oversight Program (ROP).

M.J. Ajluni -While SNC has not adopted either of the corrective action options in the EGM for Hatch Unit 1, the NRC staff notes that SNC plans to address non-compliant operator manual actions by completing modifications during the Spring 2010 outage. Also, in a phone conversation on March 6,2009, SNC informed Region II inspection staff that compensatory measures, in accordance with Hatch's approved Fire Protection Program, will remain in place until the modifications are completed.

Those modifications and the associated compensatory measures are subject to inspection under the ROP and the NRC staff may take enforcement action based upon the findings of such inspections.

If you have any questions, please contact Robert Martin on 301-415-1493.

Sincerely, G. Giitter, Director c..zvision of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-321 and 50-366 cc: Distribution via ListServ M.J. Ajluni -2 While SNC has not adopted either of the corrective action options in the EGM for Hatch Unit 1, the NRC staff notes that SNC plans to address non-compliant operator manual actions by completing modifications during the Spring 2010 outage. Also, in a phone conversation on March 6,2009, SNC informed Region II inspection staff that compensatory measures, in accordance with Hatch's approved Fire Protection Program. will remain in place until the modifications are completed.

Those modifications and the associated compensatory measures are sUbject to inspection under the ROP and the NRC staff may take enforcement action based upon the findings of such inspections.

If you have any questions, please contact Robert Martin on 301-415-1493.

Sincerely, IRA! Joseph G. Giitter, Director Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-321 and 50-366 cc: Distribution via ListServ DISTRIBUTION:

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