ML13330A908

Application for Exemption from Deadline to Install Certain Fire Safety Measures

ML13330A908
Person / Time
Site:	San Onofre
Issue date:	11/04/1981
From:	Pigott D ORRICK, HERRINGTON & SUTCLIFFE, SOUTHERN CALIFORNIA EDISON CO.
To:
Shared Package
ML13330A909	List: ML13330A908 ML13330A910 ML13330A911 ML13330A912 ML20038A727
References
TAC-48143, NUDOCS 8111160230
Download: ML13330A908 (5)

Text

ORIGINAL DAVID R. PIGOTT USNRC ALAN C. WALTNER Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation 600 Montgomery Street San Francisco, California 94111 Telephone:

(415) 392-1122 iX2ETIG & SERVICE BRANCH CHARLES R. KOCHER JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY P.O. Box 800 2244 Walnut Grove Avenue Rosemead, California 91770 Telephone:

(213) 572-1900 Attorneys for Applicant, Southern California Edison Company UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter ofEG SOUTHERN CALIFORNIA Docket No. 50-206 EDISON CO.RC (San Onofre Nuclear

)

Generating Station Unit 1

)

APPLICATION'FOR -EXEMPTION FROM DEADLINE TO INSTALL CERTAIN FIRE SAFETY MEASURES Southern California Edison Company ("Applicant"),

pursuant to 10 C.F.R. §50.12, hereby requests an exemption from the schedular requirements of 10 C.F.R. §50.48(c)(2) to PDR ADOCK 05000206 IF PDR

permit a 30-day extension of the November 17, 1981 1/

deadline for installation of permanent emergency lighting equipment, to allow installation of such equipment by December 17, 1981.

The requested exemption has become necessary due to delays in installation caused by the unforseen diversion of engineering and construction resources to other tasks.

Extensive fire safety measures have been installed in recent years at Applicant's San Onofre Nuclear Generating Station Unit 1 ("SONGS 1").

These measures include portable emergency lighting equipment which is and will remain operational at SONGS 1 during the period of the requested extension. However, a temporary diversion of resources to other tasks2/ has delayed somewhat the installation of permanent emergency lighting equipment required under 10 C.F.R. §50.48, Appendix R,Section III.J.

In light of this delay, installation of emergency lighting will not be 1/ The applicable schedule for installation of permanent emergency lighting is defined by 10 C.F.R. §50.48(c)(2),

which requires completion, within 9 months of the effective date of the fire safety regulations, of those measures which do not require Commission approval or plant shutdown. As indicated in the March 19, 1981 letter from K. P. Baskin to the Director, Office of Nuclear Reactor Regulation, it was earlier anticipated that permanent emergency lighting measures could be installed by the November 17 deadline.

That letter did indicate, however, that an exemption would be sought if unforseen schedule problems arose.

2/

These other tasks have included repairs required by a fire in the diesel generator building and a malfunction in the Safety Injection System.

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complete until approximately December 17, 1981.

The one month extension requested in this application will not endanger life or property or the common defense and security and is otherwise in the public interest.

The interim fire safety measures currently in place at SONGS 1 were approved by the Nuclear Regulatory Commission

("Commission") in Amendment No. 44 to Provisional Operating License No. DPR-13 for SONGS 1, which was based upon the fol'lowing findings:

A.

The facility will operate in conformity with the license amendment, the provisions of the Atomic Energy Act of 1954, as amended (the Act), and the rules and regulations of the Commission; B.

There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; C.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and D.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

(Amendment No. 44 at page 1).

Thus, the Commission clearly found that operation of SONGS 1 with interim measures instituted at the facility would not endanger life or property or the common defense and security.

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A specific exemption from the November 17 deadline for installation of emergency lighting is appropriate under 10 C.F.R. §50.12(a), which provides that:

The Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.3/

As discussed above, the Commission found in Amendment-No. 44 that the measures then implemented at SONGS 1 were sufficient so as not to endanger life or property or the common defense and security. These interim emergency lighting measures have already been installed and the public accordingly protected. The requested exemption is in the public interest since it will allow installation of emergency lighting without additional outages of SONGS 1.

3/

Three general approaches to exemptions or exceptions from the Commission's regulations have been recognized in the decisions. Washington Public Power Supply System (WPPSS Nuclear Project Nos. 3 and 5), Docket Nos. STN 50-508 and 50-509, CCH Nuclear Regulation Reporter 30,170 (April 1, 1977); Kansas Gas & Electric Company, (Wolf Creek Generating Station) Docket No. STN 50-482, CCH Nuclear Regulation Reporter %30,132 (January 12, 1977).

Direct application to the Commission under §50.12 is particularly appropriate in those circumstances, such as here, where an operating license has already been issued and no Board currently retains jurisdiction over the license.

See WPPSS, supra.

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CONCLUSION Applicant accordingly requests an exemption from the November 17, 1981 deadline for installation of emergency lighting equipment at SONGS 1, to permit installation of such equipment by December 17, 1981.

DATED:

November

, 1981 Respectfully submitted, DAVID R. PIGOTT ALAN C. WALTNER Of ORRICK, HERRINGTON & SUTCLIFFE A Professional Corporation CHARLES R. KOCHER JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY David R.

igo t One of Counsel for the Applicant Southern California Edison Company 5