ML14192A096
| ML14192A096 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 11/17/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Jackie Jones CAROLINA POWER & LIGHT CO. |
| References | |
| NUDOCS 8012080750 | |
| Download: ML14192A096 (7) | |
Text
NOVEMBER 1 7 1980 Docket No.
50-261 Mr.7 Mr. J. A. Jones Senior. Executive Vice President Carolina Power and Light. Company 336 Fayetteville Street Raleigh, North Carolina 27602
Dear Mr. Jones:
As you know, a proposed Section 50.48 and Appendix Rto 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 approvedby 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 This rule will be superseded by the revised rule when it becomes effective.
O FFIC E SURNAME DATE NRC FORM 318 (9-76) NRCM 0240
- U.S.
GOVERNMENT PRINTING OFFICE: 1979-289-369
Mr. J. A. Jones Carolina Power and Light Company
- 2 In the near future, we plan to contact you to identify specifically which fire protectionfeatures 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, Original signed by Darrell G. Eisenhut Darrell G. Eisenhut, Director Divisionjof Licensing
Enclosure:
As stated cc:
w/enclosure:
See next page
.O FFICE
- ... RB I
.B SURNAME DNeighbors:jTMa va DG ut M r
.DATEj 11/&/80 80 11/
/80 NRC FORM 318 (9-76) NRCM 0240
- U.S. GOVERNMENT PRINTING OFFICE: 1979-289-369
o UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 17, 1980 Docket No. 50-261 Mr. J. A. Jones Senior Executive Vice President Carolina Power and Light Company 336 Fayetteville Street Raleigh, North Carolina 27602
Dear Mr. Jones:
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 be applicable to features covered by Apoendix 0.
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. -
Vr. J. A. Jones Carolina Power and Light Company November 17, 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, el G
irector Division of Licensing
- nclosure:
As stated cc:
w/enclosure:
See next page
Mr. J. A. Jones Carolina Power and Light Company 3 -
November 17, 1980 cc: G. F. Trowbridge, Esquire Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Washington, D. C. 20036 Hartsville Memorial Library Home and Fifth Avenues Hartsville, South Carolina 29550 Michael C. Farrar, Chairman Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, 0. C. 20555 Richard S. Salzman Atomic Safety and Licensing Acceal Board Panel U. S. Nuclear Reculatory Commission Washington, D. C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Fcderal Register / Vol. 45, No. 211 / Wednesday., October 29. 1980 / Ruies anJ Regulatio.s 11s6 published en October 1. 1980. 45 FR performs the following specific earlier anticipated has bee req to s
tnt9.7Te corrected I 01 is published functions prepare a final rule on ra ed beow.*
Although the final rule is nea EFFETIVE DATE April 18 1980.
Int o:mm rue s 1..I completion. and will inco-porate an FOR FURTMER INFORMATION CONTACT SIL
"'G implementation schedule diEfer= fr=
Rober___P._DeYoung__PrivateRadio that in the proposed rule. it has ot tet FRober: P. De Young. Private Radio benpbihdadtnayee:wl Bureau, (2C) 632-7175.
been published and in any ernt wold ADREssr Federal Communications NJCLEAR REGULATORY not be effective until 90 days alls Co-ission.1Vashington, D.C. 20 OMMISSION publication.
Com=issan.
- ashngto, DC. 2S54Certain NRC licensees. liowevw. ame SUPPEMENTARY INFORMATION 0 CFR Part 50 at present operating under lice a In the Matter of amendment of Part 0 conditions or technical speciScases to ransfer authority for common carrier Fire Protection Schedules for thereto which include the Novmerc 2 matters involving public coast stations Operating Nuclear Power PLants deadline or other dates which w-=
to the Private Radio Bureau.
AGENCY: U.S. Nuclear Regulatory precede the effective dale of the _cnal Released: August s, 2sso.
Commission.
rule. To the extent that-these licesees
~e~ e sec A ug st 9. ~ 8O.C o m iss o n.h av e b een u n a b le to co m p lete a fl o f-th
- 1. In the Order in the above-captioned ACnox: Final rule.
fire protection measures to wicl these
=ate:. FCC 80-179 released April 7.
S eaprotec measue o whi 1980, Section 0.91 of the rules was suMMARY: The Nuclear Regulato-v deadlines apply, continued opera'ion amended to reflect a transfer of function Commission (NRC) is amending s
would violate the license conditiros.
from the Co-unon Carrier Bureau to the.regulations to temporarily suspend The violation would extend o..y t
P-ivate Radio Bureau (45 FR 25399, April completion schedules for certain fr the final rule becomes effedtire, sce 13.1980).
protection featurei in operating nuclear the implementation schedule conained
- 2. Section 0.91 of the rules was also plants pending completion of its ongoing in the final rule will supersede amended b O~der, CC 7%82.comprehensive fire protection icnitn ies odtos
-- amended b 190, to reflect the rulemaking. This suspension is The Commission has deterzined.
released.Vlach?
FCCO to compehesiv fire p-otctio based upon a review of the e_
.mecrd reganization of the Common Carrier necessary because some NRClicensees
.in this rulemaking. that relief r these are unable to meet fire protection OdrofAp. -i7, amended the language implementation deadlines contained in cense conditions r appropria e
o ofter rof porto it haine thelnguagelicensed conditions. The Commission penang promulgation of the Eal-ule on aoede py o its oarch bee 8
bas found that fire protection measures fire protection applicable to aZ N?.
(mence-our Order of March 7. 1980 already implemented give reasonables licensees. Extensive fire prote::ia
- 3.
(4T ce.
Mct th
- 13.
ectio assurance of safety, and that no health measures have already bee 3.so c-ret this situation. Section and safety interest would be served by implemented at all operating pa=&L The attached appcendix, to amend the forcing certain licensees to shut down implementation schedule of the fLIal caran~tly effective language of the rule during the brief period between the rule will be uniform and cop-thensive.
license condition deadlines and the and will apply to all operating placns re e-al Com-unications Commission.
effectiveness of the final fire protection including those with different s.he-ies (Se..
4,
- 4. Stat., as arnended. 106 102:
rule.
.. contained in license conditions..N (S-U=.C4. 3= V_).
ECV DATnded.
OcK ober 2ule, 98.public health and safety interest add 14TaJ. nanceT E
be served by forcing only those FOR FURThER INFORMATION CONTACT.
licensees unable to meet-dead'dnes William Shields, Office of Executive preceding the effectiveness of the na!
Pa-t C o Chapter I of Title 47 of the Legal Director. U.S. Nuclear Regulatory rule to shut down for the brief inte-l Code o Federal Regulations is amended Commission. Washington, D.C. 2055, To the contrary, the fire protef t-.
as follows*
phone 301-492-8696.
measures already implemerte:- g:
In I 0-9: the introductory text is SUPPLEMENTARY INFORMATION* On May reasonable assurance that all ope.-aziog revised to read as follows:
29.1980. the Commission published in nuclear plants may continue to op-ate f c-s1 Funeonsu of ue Bthe Federal Register (45 FR 38082) a
-safely even though the final rule w:
Notice of Proposed Rulemaking entitled require additional fireprotection The Common Carrer Bureau
.'Fire Protection Program for Nuclear measures at many plants.
develos. recommends and administers Plants Operating Prior to January 1.
Te Administrative Pocedure A policies and programs for the regulation 1979." The proposed rule provided that provides that a rule may be effecdA-_
of sevrt-es, facilities, rates and practices all fire protection modifications except upon.publication when that rule ant of entitlerfexcluding public coast alternate or dedicated shutdown or recognizes an exception cr relieve a staLions in the maritime mobile service) capability would be required to be restriction" 5 U.S.C.
cs3(d)(:).
r'hiE rul which fu-ish interstate or foreign implemented by November, 198e relsctain URClicen
."nsrule c:7-cations service for hire-unless the Commission approve an r
v tnlicense conditions or technisal w;.etne-by wire. radio. cable or satellite extension for good cause This deadline spcifi cations thereto in regrdto re fcilities.-and of ancillary opera tiblt wasalso stated in the Commission'sine tection itemeton rear e
to the provisions or use of such May Z7.1980 Memorandum and Order and will therefore be effectire ithe services! Theureau also regulates.the on the Union of Concerned Scientists
-- date of publication in he e:-a gtes. ens.ad-onitonfoe7bl@
etition for Emergency and Reme-dial
-Reate.fpulicatio nte Fedal" t
s a
n autifoli~ahbetsit n
A 11 NRC 707. 719 the proposed rule stated that
'tCo =
su:h attach-t are not regulated by a Many of the commenters on the f the o
ere stad1a e o::s stae a not Provided byrailroads or proposed rule contended that the considered for good caus. EXtsi-e govern-m-entay-or cooperatively November 1 deadline was unachievable, public comment was received to e owned utilities. The Bureau also Moreover, much more time than was effect that the deadline was Unrealrtec
715S70 Federal Register Vol.
No. 211 Wednesday, October 29No Rules and Reglations and should be revised. Under these Ci.- umstances the Commission believes that there is good cause for an extension of the license condition schedules pending effectiveness of the final rule on fire protection.
he rule provides that all compliance dates contained in license conditions or technical specifications for required fire protection measures are suspended pending futher action by the Co=mission. As is clear from the above discussion, that further action will be promulgation of the final rule on fire protection. The Commission intends that S licensees a!ected by this rule should use, best e5orts to complete all required measures as soon as possible despite the suspension of the deadlines for this brie! perici
=psuart to the Atomic Energy Act of 1934. as amended, the Energy Reorgarization 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. Chapte: L Code of Federal Regulatio.s. Part 50. is published as a document subject to codification.
PART 5-0-DOMESTIC LICENSING OF PRODUCTION AND UTIUZATION FACILITIES
- 1. A new Section 50.48 is added to read as follows:
J 5.48 Fire protection schedules.
To the extent that any facility's license conditions or technical specificaticns incorporate compliance dates 1C modifications necessary to pro-ide fire protectic. features proposed by a license e and accepted by the NRC staff as satisfying the proVisions of Appendix A to Branch Techninal 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 farther action by the Commission.
(Sec. 161b. Pub. Law 83-703. 68 Stat. 94& Sec. 201. Pub. Law 93-438. 88 Stt. 1242 42 U.S.C.
220(b). 3&n)
Dated at W'.ashington. D.C. this 27th day of Oc:ober 1980 For the Nuclear Regulatory Commission.
Samuel C. Chilk.
Secree.ny of:e Commission.
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