ML090750032
| ML090750032 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 09/17/2009 |
| From: | Giitter J Division of Operating Reactor Licensing |
| To: | Swafford P Tennessee Valley Authority |
| Brown, E, NRR/DORL, 415-2315 | |
| References | |
| NFPA 805 | |
| Download: ML090750032 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 17, 2009 Mr. Preston D. Swafford Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801
SUBJECT:
BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - RESPONSE TO LETTER OF INTENT TO ADOPT TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, PART 50, SECTION 48(c)
Dear Mr. Swafford:
This letter is in response to a letter dated March 4, 2009 (Agencywide Documents Access and Management System Accession No. ML090650597), in which the Tennessee Valley Authority (TVA) submitted the intent to adopt National Fire Protection Association (NFPA) Standard 805, "NFPA 805, Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generation Plants," 2001 Edition, pursuant to Section 48(c) of Part 50 of Title 10 of the Code of Federal Regulations, at the Browns Ferry Nuclear Plant (BFN) Units 1, 2, and 3.
In the March 4, 2009, letter, TVA indicated that the transition to the performance-based standard for fire protection at BFN Units 1, 2, and 3 is expected to commence in March of 2009 and be completed in approximately 36 months. The transition process will proceed in three phases:
Phase 1 - Preliminary Assessment of the Fire Protection Program Phase 2 - Reviews and Engineering Analyses Phase 3 - Implementation The March 4, 2009, letter states that: "The transition process will be considered complete upon receipt of a License Amendment authorizing the transition to NFPA 805 at BFN." However, the NFPA 805 transition process may require site implementation actions (e.g., procedures, training) and modifications that may occur post-license amendment approval.
On April 18, 2006, the Nuclear Regulatory Commission (NRC) published in the Federal Register (71 FR 19905) a revision to its enforcement policy extending the NFPA 805 transition discretion period from 24 to 36 months. Therefore, a 36-month discretion period for Units 1, 2, and 3 is granted. The NRC considers that the discretion period for Units 1, 2, and 3 began on March 4, 2009, and will expire on March 4, 2012. The enforcement discretion period, however, will continue while the NRC staff is reviewing the submitted request for the license amendment.
P. Swafford
-2 Please note that in order to receive enforcement discretion for BFN, TVA must: (a) evaluate the risk significance of all noncompliances to assure that they do not constitute "Red" (or Severity Level I) findings under the NRC's Reactor Oversight Process, (b) enter them into the corrective action program, and (c) implement and maintain appropriate compensatory measures, until the NRC staff dispositions the license amendment request and issues its safety evaluation.
As discussed with the TVA staff on March 3 and 6, 2009, those existing noncompliances, including operator manual actions, identified prior to the letter of intent will be treated consistent with the Enforcement Policy. Guidance on appropriate compensatory measures for previous or future identified noncompliances is contained in NRC Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements."
If there are any questions regarding this matter, please contact Eva A. Brown, Senior Project Manager, at (301) 415-2315.
Sincerely, Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 License Nos. DPR-33, DPR-52, and DPR-68 cc: Distribution via Listserv
P. Swafford
-2 Please note that in order to receive enforcement discretion for BFN, TVA must: (a) evaluate the risk significance of all noncompliances to assure that they do not constitute "Red" (or Severity Level I) findings under the NRC's Reactor Oversight Process, (b) enter them into the corrective action program, and (c) implement and maintain appropriate compensatory measures, until the NRC staff dispositions the license amendment request and issues its safety evaluation.
As discussed with the TVA staff on March 3 and 6, 2009, those existing noncompliances, including operator manual actions, identified prior to the letter of intent will be treated consistent with the Enforcement Policy. Guidance on appropriate compensatory measures for previous or future identified noncompliances is contained in NRC Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements."
If there are any questions regarding this matter, please contact Eva A. Brown, Senior Project Manager, at (301) 415-2315.
Sincerely, IRA RNe/son fori Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 License Nos. DPR-33, DPR-52, and DPR-68 cc: Distribution via Listserv DISTRIBUTION:
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