ML13330A157
| ML13330A157 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 11/06/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Dietch R SOUTHERN CALIFORNIA EDISON CO. |
| References | |
| LSO5-80-11-005, LSO5-80-11-5, TAC-48143, NUDOCS 8012190335 | |
| Download: ML13330A157 (7) | |
Text
gockh No.
O06 Mr. R. Dietch Vice President Nuclear Engineering and Operations Southern Calif6rnia Edison Company 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770
Dear Mr. Dietch:
As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Commission has recently approved a revised final version of that proposed Section 50.48 and Appendix R to 10 CFR 50 which will be published in the Federal Register shortly and will-become effective 90 days after publication. This revised 10 CFR 50.48 will contain schedules for completion of all fire protection modifications.
One set of schedules will he applicable to features covered by Appendix R.
A similar set of schedules will be applicable to all other fire protection modifications that have been approved-by.the NRC staff in a staff safety evaluation report. This latter set of schedules will require completion of modifications not covered by Appendix R by schedules specified in the revised rule or by the dates now specified as license conditions, whichever is sooner, unless an extension or exemption is approved by NRC.
Some of the completion dates discussed in the SER for your facility may be associated with modifications for which the NRC staff required additional information, such as design details or test results, to be subsequently
.reviewed and approved by the NRC staff prior to implementation. To the extent that there are fire protection modifications such as this for your facility and the required additional information has not yet -been approved by the staff as evidenced in a staff safety evaluation report, there is no present implementation requirement; consequently, completion of-such items will be governed by the schedules in-the revised rule.
In the interim, pending the effective-date of the revised rule, the Commission has approved a new Section 50.48 of 10 CFR 50 suspending completion dates for fire protection modifications previously approved by the NRC staff.
This, new section became effective upon publication in the Federal Register on October 29, 1980 (45 FR 71569). -A copy of the new rule is enclosed for your information. This rule will be superseded by the revised rule when it becomes effective.
OFFICE SURNAME.......
.335------------------
DATE NRC FORM 318 (9-76) NRCM 0240
- U.S.
GOVERNMENT PRINTING OFFICE: 1979-289-369
Mr. R. Dietch
- 2.
In the near future, we plan to contact you to identify specifically which fire protection features associated with your facility are covered by Appendix R and would thus be subject to one set of schedules, and which are previously approved items which are covered by a different set of schedules.
Sincerely, Darrell G. Eis ut Director Division. of Licens ng
Enclosure:
As stated cc w/enclosure:
See next page DISTRIBUTION Docket NRC PDR Local PDR ORB Reading NRR Reading DEisenhut RPurple TNovak Rtedesco GLainas JRoe OELD OI&E (3)
DCrutchfield HSmi th SNowicki NSIC TERA ACRS (16)
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'U.S.
GOVERNMENT PRINTING OFFICE:.1979-289-369
UNITED STATES 40 NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 6, 1980 Docket No.
50-206 LS05-80-11-005 Mr. R. Dietch Vice President Nuclear Engineering and Operations Southern California Edison Company 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770
Dear Mr. Dietch:
As you know, a proposed Section FO.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Commission has recently approved a revised final version of that proposed Section 50.48 and Appendix R to 10 CFR 50 which will be published in the Federal Register shortly and will become effective 90 days after publication. This revised 10 CFR 50.48 will contain schedules for completion of all fire protection modifications.
One set of schedules will be applicable to features covered by Appendix R.
A similar set of schedules will be applicable to all other fire protection modifications that have been approved by the NRC staff in a staff safety evaluation report. This latter set'of schedules will require completion of modifications not covered by Appendix R by schedules specified in the revised rule or by the dates now specified as license conditions, whichever is sooner, unless an extension or exemption is approved by NRC.
Some of the completion dates discussed in the SER for your facility may be associated with modifications for which the NRC staff required additional information, such as design details or test results, to be subsequently reviewed and approved by the NRC staff prior to implementation. To the extent that there are fire protection modifications such as this for your facility and the required additional information has not yet been approved by the staff as evidenced in a staff safety evaluation report, there is no present implementation requirement; consequently, completion of such items will be governed by the schedules in the revised.rule..
In the interim, pending the effective date of the revised rule, the Commission has approved a new Section 50.48 of 10 CFR 50 suspending completion dates for fire protection modifications previously approved by the NRC staff.
This new section became effective upon publication in the Federal Register on October 29, 1980 (45 FR 71569). A copy of the new rule is enclosed for your information. This rule will be superseded by the revised rule when it becomes effective.
D21 9.;3i
Mr. November 6, 1980 In the near future, we plan to contact you to identify specifically which fire protection features associated with your facility are covered by Appendix R and would thus be subject to one set of schedules, and which are previously approved items which are covered by a different set of schedules.
Sincerely, Darrell G. Eisenhut, rector
.Division of Licensing
Enclosure:
As stated cc w/enclosure:
See next page
Mr. November 6, 1980 cc Charles R. Kocher, Assistant Director, Technical Assessment General Counsel Division Southern California Edison Company Office of Radiation Programs Post Office Box 800 (AW-459)
Rosemead, California 91770 U. S. Environmental Protection Agency David-R. Pigott Crystal Mall #2 SSamuel B. Casey Arlington, Virginia 20460 Chickering & Gregory Three Embarcadero Center U. S. Environmental Protection Twenty-Third Floor Agency San Francisco, California 94111 Region IX Office ATTN: EIS COORDINATOR Jack E. Thomas 215 Freemont Street Harry B. Stoehr San Francisco, California 9411 San Diego Gas & Electric Company P. 0. Box 1831 San Diego, California 92112 Resident Inspector c/o U. S. NRC P. 0. Box AA Oceanside, California 92054 Mission Viejo Branch Library 24851 Chrisanta Drive Mission Viejo, California 92676 Mayor City of San Clemente San Clemente, California 92672 Chai rman Board of Supervisors County of San Diego San Diego, California 92101 California Department of Health ATTN:
Chief, Environmental Radiation Control Unit Radiological Health Section 714 P Street, Room 498 Sacramento, California 95814
Feieral Register / VoL 45. No. 211 / Wednesday. October 29. 1980 / Ruies anJ Reglations MW published on October.980.45 FR performs the following specific earlier anticipated has been reqdred to 64949. Thecorrected I 9 is published functions:.
prepare a final rule on fire protectin.
below.
Although the final rule is new EFFECTVE DATE April 18. 1980.
Ina am.raaMe Ned sen-.
.MI completion, and will incorporate an FOR FURTHER INFORMATION CONTACT:
aI.UiO cOo a712-co
-4r implementation schedule diEr:e from RoerPDYun._rvaeadothat in the proposed rule.it has ant yet Robert P. De Young. Private Radio been published and In anm even:would Bureau. (202 632-n7 wooublfecdeun 9 as l ADDREss: Federal Communications N--
NCLEAR REGULATORY not be effective until 90 days afte Commission. Washington. D.C. 20554.
MMISSION Certain NRC licensees. owev are SUPPLEMENTARY INFORMATIOpc 0 CFR Part 50 at present operating under license In the Matter of amendment of Part 0 conditions or technical speciScatoe to transfer authority for common carrier Fire Protection Schedules for thereto which include the Novacoer I matters involving public coast stations Operating Nuclear Power Plants deadline or other dates which w to the Private Radio Bureau.
AENCY U.S. N Regulatory precede the effective date of the M Released: August 1Is 2
rule. To the extent that-these licemsees R ele se & A u g st 9. U O.C o m iss o l Lh a v e b e e n u n a b le to c o mip le te -a l o r t h e
- 1. In the Order in the above-captioned ACTION* Final rule.
fire protection measues to whic these matter. FCC 80-179 released April 7, deadlines apply. contued operaic 1980. Section 0.91 of the rules was summARY. The Nuclear Regulatory wodedlte ly, condipron amended to reflect a transfer of function Commission (NRC) is amending i The violation would exten onjy ti from the Common Carrier Bureau to.the regulations to temporarily suspenT l
wod e d
c Private Radio Bureau (45 FR 25399. April completion schedules for certain f the final rule becomes effrtive.snce 5 0) of the rules was
~
protection features in operating nuclear the implementation schedule conained
- 2. Section plants pending completion of its ongoing in the final rule willcsopersede
- 2. Sctin 01 o theruls ws aso:incoithefnl rlenwlese de
-amended by Order. FCC 79-882, comprehensive fire protection released Marh 7.1980. to reflect the rulemaking. This suspension is The Commission has detez=ined.
-.- based upon a review of the ertre record reorganizationof theCommonCari-necessary because some NRC licensees
.Bursau. Through inadvertence, our are unable to meet fire protection i
s rulemaking. that relief-fom these Order of April7, amended the language implementation deadlines contained in license conditions is appropiate o rte ruleprior to aned teeln gucensed conditions. The Commission pending promulation of the halmle on of the rule prior to its having been ha on htfr rtcit esrs
- fire protection applicable to ar MRC amended by our Order of March7.29so has found that fire protectioh measures fiepoeto ppial oa R
a m4 nded byRour6Order1of M arch already im plem ented give reasonable licensees. Extensive fire protectia:
. To correct tis situation, Section assurance of safety. and that no health measures have already been OM is amended as set forth in the and safety interest would be served by implemented at all operating plas. The attache apendixd tforen the forcing certain licensees to shut down implementation schedule of the fimi attached appendix to amend the during the brief period between the rule will be uniform and conp-ehensive.
clirently effective language of the rule.
and will apply to all operatg plans Federal Ccmunications Commission.
effectiveness of the final fire protection including those with diffet schedules (Secs. 4.30. 48 Stat., as amended.106.1082 re
-- contained in license conditions N:
47 UALSXC 15. ae).E public health and safety interest would EFFECTIVE DATE October 29.J980.
be served by forcing only those
-Serer 1-FOR FURTHER INFORMATION CONTACT:
licensees unable to meet deadlines William.Shields. Office of Executive preceding the effectiveness of the !:w Part 0 of Chapter I of Title 47 of the Legal Director. US. Nuclear Regulatory rule to shut downfor the briaef !nte=
Code of Federal Regulations is amended Commission. Washington. D.C. 2055.
To the contrary, the fire proefoii as follo phone 31-492-eas, measures already implemented gi e in i 0-01 the introductory text is SUPPLEMEnTARY INFORMATIOIC On May reasonable assurance that all apetizq revised to read as follows:
- 29. 1980. the Commission published in '
nuclear plants may continue to op-at.
the Federal Register (45 FR 36082) a
-safely even though thefinalrul eLo T
Cmons Cai Bu Notice of Proposed Rulemaking entitled require additional fireprotection Te Common Carrier Bureau
-Fire Protection Program for Nuclear measures at many plants.
develops. recommends and administers Plants Operating Prior to January 2, The Administrative Procedure Act policies and programs for the regulation 197" The proposed rule provided that provides that a rule may be effectu Of servrices, facilities, rates and practices all fire protection modifications except uponpublication when at rule of entitlerfexcluding public coast alternate or dedicated shutdown or recognizes anexception c rleees a stations in the maritime mobile service) capability would be required to be restriction." 5 USC p3(d(
rhies ruL which furMish interstate or foreign implemented by November 1, 980 relieves certain NRC licensees :ruO communications service for hire-unless the Commission approve an talicense conditions or technis r whetherby wire, radio. cable or satellite extension for good cause. This deadline specifications thereto In regard to bze facilities-.and of ancillary operations was also stated in the Commilsion'sl protection implementation deadlins related to the provisions or use of such May 27.1980 Memorandum and Order and will therefore be effective ai the services. The Bureau also regulates the on the Union of Concerned Scientists
---date of publication in the ec a
rates. terms-and conditions for cable Petition for Emergency and Remedial Register. Furtherom as noted abeve.
- teevision and pole attachments, where Acton. 11 NRC 707.719.
the proposed rule stated that ean such attachretsare not regulated by a Many of the commenters on the-from the November 1. deadline wozd be ale and not provided by railroads or proposed rule contended that the considered for good caust ni goveamentally-or cooperatively November I deadline was unachievable.
public comment was received to the owned utilities. The Bureau also Moreover. much more time than Was effect that the deadline was unrealzatic
71570' Federal Register / VoL 45.o. 211 [ Wednesday, October 29. 1980 Rules and Regulations and should be revised. Under these circumstances the Commissioi believes that there is good cause for an extension of the license condition schedules pending effectiveness of the final rule on fin protection.
The rule provides that all compliance dates contained in license conditions or technical specifications for required fire protection measures are suspended pending further action by the Commission. As is clear from the above discussion, that further action will be promulgation of the final rule on fire protection. The Commission intends that licensees a.cted by this rule should use best efforts to complete all required measures as soon as possible despite the suspension of the deadlines for this brief period.
Pursuant to the Atomic Energy Act of 1954. as amended. the Energy Reorganization Act of 1974. as amended.
and Sections 552 and 553 of Title 5 of the United States Code. notice is hereby given that the following amendment to Title 10. Chapter L Code of Federal Regulations. Part 50. is published as a document subject to codification.
PART S0-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
- 1. A new Section 50.48 is added to read as follows:
J 50.48 Fire protection schedules.
To the extent that. any facility's.
license conditions or technical*
specifications incorporate compliance dates for modifications necessary to provide fire protection features proposed by a licensee and accepted by the NRC staff as satisfying the provisions of Appendix A to Branch Technical Position BTP/APCSB 9.5-1 and reflected in NRC staff Fire Protection Safety Evaluation Reports issued prior to the effective date of this rule. those dates are hereby suspended pending fu.ther action by the Commission.
(Sec. 218T. Pub. Law 83-703. 6a Stat. w&* Sec. 201 Pub. Law 93-438. 88 Stat. 1242 (42 U.S.C.
Dated at Washington. D.C. this 27th day of October1980 For the Nuclear Regulatory Commission.
Samuel C Chilk.
Secre~ry of :e Commission.
(FR D= soUm ud 1 &2&MM4 ml swjm cooE new a