ML101800534

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

ML101800534
Person / Time
Site:	Catawba
Issue date:	06/30/2010
From:	Giitter J Division of Operating Reactor Licensing
To:	Morris J Duke Energy Carolinas
Thompson Jon, NRR/DORL/LPL 2-1, 415-1119
References
TAC ME4136, Tac ME4137
Download: ML101800534 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 30, 2010 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745

SUBJECT:

CATAWBA NUCLEAR STATION, 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. ME4136 AND ME4137)

Dear Mr. Morris:

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. The enforcement discretion will continue in place, without interruption, until NRC disposition of the site's LAR to transition to NFPA 805.

By letter dated March 31, 2010 (Agencywide Documents Access and Management System Accession No. ML100920065), Duke Energy Carolinas, LLC (the licensee) requested that the period of fire protection enforcement discretion for Catawba Nuclear Station, Units 1 and 2 (Catawba 1 and 2), be extended until 6 months after the NRC's approval of both pilot plant LARs to transition to the National Fire Protection Association's 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 noncompliances and the related compensatory measures for those noncompliances.

J. Morris -2

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 noncompliances.

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

• nonpower operation transitions

• the NFPA 805 monitoring program

• fire PRA development The lists of noncompliances, compensatory measures, and operator manual action feasibility determinations should be maintained onsite and up to date for inspector review.

The NRC staff reviewed the licensee's request, and has determined that the licensee has made substantial progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for Catawba 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 Jon H. Thompson, the Project Manager for Catawba 1 and 2, at (301) 415-1119.

Sincerely,

~

~.(j.~

J seph G. Giitter, Director vision of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: Distribution via Listserv

J. Morris -2

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 noncompliances.

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

• nonpower operation transitions

• the NFPA 805 monitoring program

• fire PRA development The lists of noncompliances, compensatory measures, and operator manual action feasibility determinations should be maintained onsite and up to date for inspector review.

The NRC staff reviewed the licensee's request, and has determined that the licensee has made substantial progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for Catawba 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 Jon H. Thompson, the Project Manager for Catawba 1 and 2, at (301) 415-1119.

Sincerely, IRA!

Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDraAfpb (AKlein) RGallucci, NRR LPL2-1 RlF MVaaler. NRR RidsNrrPMCatawba RidsNrrDorlLpl2-1 PLain, NRR RidsNrrLAMO'Brien (hard copy)

RidsOgcRp HBarrett, NRR RidsAcrsAcnw_MailCTR Resource RidsRgn2MailCenter CMoulton, NRR RidsNrrDorl Resource ADAMS Accession Number: ML101800534 'no chanqe to input sent 06/08/10 ML101540373 OFFICE NRRlLPL2-1/ PM NRRlLPL2-1/ LA DRAlAFPB/BC NRRlLPL2-1/ BC NRRlDORUDD NAME JThompson MO'Brien (SUttle for) AKlein* GKulesa (JStang for) JGiitter DATE 06/30/10 6/30/10 06/08/10' 6/30/10 06/30/10 OFFICIAL RECORD COPY