ML17053C214

Notifies of Interim Rule Suspending Completion Dates for Fire Protection Mods Previously Approved by Nrc.Fr Notice Encl

ML17053C214
Person / Time
Site:	Nine Mile Point
Issue date:	11/26/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Dise D NIAGARA MOHAWK POWER CORP.
References
NUDOCS 8101100046
Download: ML17053C214 (10)

Text

ggy p p )980 Docket No. 50-220 Hr. Donald P. Disc Vice President - Engineering c/o Hiss Catherine R. Seibert Niagara Hohawk Power Corporation 300 Erie Boulevard West

Syracuse, New York'3202

Dear Hr; Disc:

ribution:

cket NRC PDR Local PDR ORB 82 Reading NRR Reading D. Eisenhut R. Purple T. Novak R. Tedesco G. Lainas J.

Roe J. Heltemes, T. Ippolito S.

Norr is H. Williams OELD OI SE (3)

NSIC TERA ACRS (16)0 V. Benarogy Ql wf

-'J AEOD As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since Hay 1980.

The Commission has recently approved a revised final version of that proposed Section 50.48 and Appendix R to 10 CFR 50 which wil'I be published in the Federal

~ece$ ster shortly and will become

'ffective 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'odifications 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 additi'onal 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 now section became effective upon publication in the Federal

~eceister 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.

810110Q+Q OFFICF P SURNAME OATE $

"NRC FORM "318 (ci 76

".RC.'.I 82~6 4'U.S.'OVERNMENT PRINTING OFFICEs 1979 289'389

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NOV 2 6 t980 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.

Enclosure:

As stated Sincerely, Qriginal,Signed By:

PoI er h R. II~p,I~

Darrell G. Eisenl>ut, Director Division of Licensing cc w/enclosure:

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- SURNAME 11(l 7/80 11 /'/ff80 DATE)

~ NRC FORM 318 (9.76) NRCM 0240 4U.S. GOVERNMENT PRINTING OFFICE: 1979 289 369

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Mr. Donald P. Disc November 26, 1980 CC:

Eugene B. Thomas, Jr., Esquire

LeBoeuf, Lamb, Leiby 8

MacRae 1333 New Hampshire

Avenue, N.

W.

Suite 1100 Washington, D. C.

20036 State University College at Oswego Penfield Library - Documents

Oswego, New York 13126 Mr. Joseph J.

Sunser, Manager System Security Niagara Mohawk Power Corporation 300 Erie Boulevard Hest

Syracuse, New York 13202 Resident Inspector c/o U.S.

NRC P. 0.

Box 126

Lycoming, New York 13093 (Securi ty matters only)

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e Federal Regisier / VQL 45. No. 211 / Wednesday, October 29. 1980 / R:.es and Regu)ation'ublished on October 1, 1980. 45 FR

%949. The corrected

$ 0$ 1 is published below.

EFFEcTIvE OATE: APril 18, 198L FOR FURTHER INFORMATIONCONTACT!

'Robert P. De Young, Private Radio Bureau. (202) 632-7175.

AOOREss: Federal CommunicaUons Commission, Washington. D.C. 20554.

SVPFLZMENTARYINFORMATIOIC ln the Matter of amendment ofPart 0 to transfer authority for common camer matters involving pubUc coast stations

- to the Private Radio Bureau.

Released: hugiiat 19, 308L

1. In the Order in the abov~pUoned matter. FCC 80-179 released April7, 2980, Section 081 of the rules was amended to refiect a rzazisfer of function

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fzcm the Common Carrier Bureau to the Private Radio Bureau (45 FR 25399, April

15. 1980).

2. Section 0$1 of the rules was also amended by Order. FCC 79-882.

released March 7. 1980, to refiect the norgaI~Uon of the Common Ca!Tier Mu~u. Through inadvertence. our Orde.- ofApril7, amended the language of the rule prior to its having been

. amended by our Order ofMazch 7. 1980 (C5 FR@6191. March 13. 1S80).

. 3. To co!Tee! this situaUon. SecUon 0~is amended as set forth in the atuched appendix. to amend the ci ~etly effective language of the zule.

Federal Commvzitcationa Commission.

(Scca:4, 303. 485!el as amended. 30SL108 47 US.C. 1$C. 3031.

!'Pili!am J. Tricazieo,

~Sacremzy; Part 0 of Chapter I ofTitle 47 of the Code ofFederal RegulaUons is'amended as foHcws:

In 5 QBI the introductory text is revised to!cad as foHowic f LS3 Functtons of the Bureau.

The Common Carrie Bureau develops. recommends and administers poficies and programs for the regulation oi'~.faciiiUes, rates and practices of enUtier(excluding pubHc coast siaUons in the mariUme mobile service) which fuush interstate or foreign corn!nun!ca fons service forhire-whetherby'wire. radio. cable or satellite famiities-and of ancillary operaUons rei<<<< to the provisions or use ofsuch services TheBureau also regulates the "rates ternis and conditions for cable television and pole attachments, where

• ~" a!tee!mzezzzs:are not regulated by a

. state ai:d not provided by railroads o!'>>

eznmentafiy~r cooperatively owned utilities. The Bureau also performs the followingspecific funcUons:

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pa coc.~ flied~ cps set N CLEAR REGULATORY MMiSSiON 0 CFR Part 50 Fire Protection Schedules for OperaUng Nuclear Power Planta ACENcY:US. Nuclear Regulatory Commission.

AczloicrIcal nile.

svMMARY'heNuclear Regulatory Comznission (NRC) is amending its regulations to temporarily suspenIL complefion schedules for certain fire protec Jon features in operating nuclear plants pending completion of iis ongoing comprehensive fire protection zulemaking. Ths suspension is necessary oecause some NRC licensees are unable to meet fire protection implementation deadlines contained in licensed conditions. The Commission has found that fire protection measures-already implemented give reasonable assurance of safety. and that no health and safety interest would be served by forcing certain licensees to shut down dunng the brief period between the Hcense condition deadHnes and the effectiveness of the final fire protection tule.

EFFEcrtv E o ATE:October 29. 1980.

FOR fURTHER INFORMATIONCONTACT; WilHam Shields, Office ofExecutive Legal Director. US. Nuclear Regulatory Commission, Washington, D.C. 20555, phone 301-4928898.

svPI~MENTARY INFoRMATlofcOn May 29, 1S80, the Commission published in the Federal Register (45 FR 38082) a NoUce ofProposed Rulemaking entitled

."Fire Protection Program for Nuclear

'lants.OperaUng Prior to january 1.

1979." The proposed rule provided that aH fire protecUon modificaUons except alternate or dedicated shutdown capabiBty would be required to be implemented by November 1.

198'unless the Ccmntission approve an extension for good cause. This deadline

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was also stated in the Commission's May 27; 1980 Memorandum and Order on the Union of Concerned ScienUsts PetiUon for Emergency and RemedLII Action. 11 NRC 707. 719.

Many of the commenters on the proposed rule contended that the November 1 deadHne was unachievable.

Moreover, much more time than was earlier anticipated has been zeqzhesi to prepare a final nde on firepmt~

Although the final rule is nea.

completion. and wiHincc~te an implementation schedule dizen. &am that in the proposed rule. it has ost vet been published and in any even'. woold not be effective until 90 days aftz:

publication..

Certain NRC licensees. h~ evz., an at present operating unde! license conditions or technical speci5cathns thereto which include the Ncvemoer 1 deadline or other dates whidxwii precede the effecUve'date of the~

rule. To the extent IheMese Bccmees have been unable to complete aH of'the

. Sre pzctection measures to which these deadlines apply. emtfnued opera"ozz would violate the license ccnciti~

The violation would extend oUy mtfI the final zule becomes eff~ve, shee the implementation schedcl ~ comic d

in the final rule wiH supersede inconsistent license conditions.

The Cocunission hes de~A

.. based upon a review of the en~

in this rulemaking. that relief am these license conditions is appropriate pending promulgeUon of th fi=al.de on

fire protection applicable toal'C licensees. Extensive fire pzctecUa=

measures have aizeady been implemented at aH opera Ung p'.ams. The implementation schedule of the Ral rule wiH be uniform and ccmpnhmsire, end wiH apply to all opezathg y~

including those with different~eh~

. contained in license ccndIUons. N:

'ublic health and safety Interest auld be served by forcing only those

'censees unable to meetdeadBnes preceding the effecUveness of ~we~

rule to shut down for the briefmt'~

To the contrary, the fire protemuon measures already implementec gize reasonable assurance that aH opaaUzzg nuclear plants may conUnue to o~Le

~safely even though the finalnile ~2 require additional fize.prctechon measures at many plants.

The Administrative Procedure ~

provides that a zule may be eff~

. upon.publication when that zu1e"~

or recognixes an exception c: z~ieres a restriction." 5 US.C. 553(d)(1).. his zul relieves certain NRC Hcensees ~z

.. license conditions or technical specUica Uons thereto in regazd:o he protection implements Uon deacHIMs.

and willthenfore be effecdve cpa= the

- date of publication jn the Fedeoal Register. rurthezmoze. as no!ed abcve.

the proposed rule stated that extensiocs from the November 1. deadlhe wc "be considered for good cauic. Extensize pubHc conunent was received to tba effect that the deadline was unzeaLztic

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71570' Federal Register / VoL 45, No. 211 / Wednesday, October 29, 1980 / Rules and Regulatioas and should be revisccL Under,these circumstances the Commission beBcves that there is good cause for an extension of the Bcense condition schedules pending effectiveness of thc final rule on fire protection.

Tne rule provides that aB compliance

'ates contained in liccnsc conditians or technical specZications for required fire protection measures are suspended pending fu&eraction by the Comnussian. As is clear from the above discussian, that further action <<% be promulgatian of the final rulc on fire protection. Tnc Commission intends that licensees afcctcd by this rule should usc best efforts to complete aB required measures as saon as possible despite the suspension ofthe deadlines forthis brief period.

Pursuant to the Atomic Energy Act of 195", as. amended. the Energy

~ Reorg~uon Act of 1974, as amended.

and Sections 552 and ~ ofTitle 5 of thc United States Code. notice is hereby given that tnc fallowing amendment to Title 10. Chapter i. Code ofFederal Regul anons. Part 50. is published as a document subject to codification.

PART ~OMESTlC LICENSING OF PRODUCTION AHD UTIUZATION FACILlilES

1. Anew Secnan MAS is added to read as follows:

f SOAS Fisa protect!an schedules.

To the extent that any facility's.

Bce" se captions or technical spec:ficaticw incorporate compliance dates for maMcatians necess'ary to provide fire protection features proposed by a Been&ac and accepted by the ÃRC staK as satisfIing the prorisions af Appendix A to Branch Te~cal Positiar. BTP/APCSB 9$-1 and refiectad in NRC staff Fue Retection Safety Evaluation Reports issued prio; ta the effective date of this rule. those dates arc hereby suspended pending further action by the Commissio" (Sec. 1&lb.Pcb. La>> 8&-ra&. &S Slat. 948: Sac.

Kl:Pcb. La>> Q3-Q8.88 Stit. 1%2 [42 US.C.

am(bl. M41))

Dated at V:ashtc8ton. D.C. thtr ~ th day of October 1980 For 3e Hcdear Regulatory Commission.

Samuel C. Chi0c.

Srcre'-~

cjoy:a Cu~rsian.

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