ML17229A803
| ML17229A803 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 07/13/1998 |
| From: | Miraglia F NRC (Affiliation Not Assigned) |
| To: | FLORIDA POWER & LIGHT CO. |
| Shared Package | |
| ML17229A804 | List: |
| References | |
| GL-92-08, GL-92-8, NUDOCS 9807240259 | |
| Download: ML17229A803 (8) | |
Text
7590-01-P U
T DST S
IC GU O
Y CO ISSION In the Matter of FLORIDA POWER AND LIGHT (St. Lucie Unit 1)
Docket No. 50-335 CONFIRMATORYORDER MODIFYINGLICENSE EFFECTIVE IMMEDIATELY Florida Power and Light, (FPL or the Licensee) is the holder of Facility Operating License No. 50-335, which authorizes operation of St. Lucie Plant, Unit 1, located in St. Lucie County, Florida.
The staff of the U.S. Nuclear Regulatory Commission (NRC) has been concerned that Thermo-Lag 330'-1 fire barrier systems installed by Licensees may not provide the level of fire endurance intended and that Licensees that use Thermo-Lag 330-1 fire barriers may not be meeting regulatory requireme ts. During the 1992 to 1994 timeframe, the NRC staff issued Generic Letter (GL) 92-08, "Thermo-Lag 330-1 Fire Barriers," and subsequent requests for additional information that requested Licensees to submit plans and schedules for resolving the Thermo-Lag issue.
The NRC staff has obtained and reviewed all Licensees'orrective plans and schedules.
The staff is concerned that some Licensees may not be making adequate progress toward resolving the plant-specific issues, and that some implementation schedules may be either too tenuous or too protracted.
For example, several Licensees informed the NRC staff that their completion dates had slipped by 6 months to as much as 3 years.
For plants that have 980724G259 9807i3 PDR ADOCK 05000335 P
completion action scheduled beyond 1997, the.".RC staff has met with these Licensees to discuss the progress of the Licensees'orrective actions and the extent of Licensee management attention regarding completion of Thermo-Lag corrective actions.
In addition, the NRC staff discussed with Licensees the possibility of accelerating their completion schedules.
FPL was one of the Licensees with which the NRC staff held meetings.
At these meetings, the NRC staff reviewed with FPL the schedule of Thermo-Lag corrective actions described in FPL submittafs to the NRC dated October 27, 1995, and August 27, 1996.
Based on the information submitted by FPL as supplemented by letter dated June 3, 1998, the NRC staff has concluded that the schedules presented are reasonable.,This conclusion is based on (1) the amount of installed Thermo-Lag, (2) the complexity of the plant-specific fire barrier configurations and issues, (3) the need to perform certain plant modifications during outages as opposed to those that can be performed while the plant is at power, and (4) integration with other significant, but unrelated issues that FPL is addressing at its plant.
In order to remove compensatory measures such as fire watches, it has been determined that resolution of the Thermo-Lag corrective actions by FPL must be completed in accordance with current FPL schedules.
By letter dated May 1, 1998, the NRC staff notified FPL of its plan to incorporate FPL's schedule commitment into a requirement by issuance of an order and requested consent from the Licensee.
By fetter dated June 3, 1998, the Licensee provided its consent to issuance of a Confirmatory Order.
The Licensee's commitment as set forth in its letter of June 3, 1998 is acceptable and is necessary for the NRC to conclude that public health and safety are reasonably assured.
To preclude any schedule slippage and to assure public health and safety, the NRC staff has
determined that the Licensee's commitments in its June 3, 1998, letter be confirmed by this Order. The Licensee has agreed to this action.
Based on the above, and the Licensee's consent, this Order is immediately effective upon issuance.
IV.
Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED, effective immediately, that:
FPL shall complete final implementation of Thermo-Lag 330-1 fire barrier corrective actions at St. Lucie Unit 1, as described in FPL letters L-97-19 dated March 17, 1997, and L-98-134 dated June 3, 1998, by December 31, 1998. There are three exceptions to this commitment as discussed in FPL letter L-98-134.
1.
The proposed corrective action for the Thermo-Lag wall separating the St. Lucie Unit 1 cable spreading room and 'B'witchgear room will not be completed by December 31, 1998. As discussed in L-98-134, FPL willcomplete the implementation of this proposed corrective action by the completion of the St. Lucie Unit 1 1999 refueling outage (SL1-16).
Thermo-Lag ampacity derating methodology issues, which are still under NRC review, willlikely not be resolved by December 3'I, 1998. Schedules for any corrective actions related to ampacity derating willbe determined separately and are not part of this Order.
3.
The resolution of any new Thermo-Lag corrective actions resulting from the pilot fire protection functional inspection (FPFI) conducted at St. Lucie during March 1998 are not considered part of this confirming order since FPL has neither received nor responded to
'he inspection report.
Such issues and any corrective actions will be scheduled and resolved as part of that inspection.
The Director, Office of Nuclear Reactor Regulation, may relax or rescind, in writing, any provisions of this Confirmatory Order upon a showing by the Licensee of good cause.
4 V.
Any person adversely affected by this Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance.
Where good cause is shown, consideration will be given to extending the time to request a hearing.
A request for extension of time must be made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension.
Any request for a hearing will be submitted to the Secretary, U.'S. Nuclear Regulatory Commission, Attention: Rulemakings and Adjudications Staff, Washington, DC 20555.
Copies of the hearing request shall also be sent to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Deputy Assistant General Council for Enforcement at the same address, to the Regional Administrator, NRC Region II, Atlanta Federal Center; M/S 23T85, 61 Forsyth Street, SW.,
Atlanta, GA 30303-3415, and to the Licensee.
Ifsuch a person requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address criteria set forth in 10 CFR 2.714(d).
Ifa hearing is requested by a person whose interest is adversely affected, the Commission willissue an Order designating I'.e time and place of any such hearing.
Ifa hearing is held, the issue to b~ considered at such hearing shall be whether this Confirmatory Order should be sustained.
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IVabove shall be final 20 days from the date of this Order without further order or proceedings.
Ifan extension of time for requesting a hearing has been approved, the provisions specified in Section IVshall be final
when the extension expires ifa hearing request I,as not been received.
An answer or a request for hearing shall not stay the immediate effectiveness of this Order.
FOR THE NUCLEAR REGULATORY COMMISSION Frank J. Mir a, Ac in Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 13th day of July 1998
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5 when the extension expires ifa hearing request has not been received.
An answer or a request for hearing shall not stay the immediate effectiveness of this Order.
FOR THE NUCLEAR REGULATORYCOMMISSION Dated at Rockville, Maryland this day of Jul'y'998 Fran}c'J; "Hiraglia, Bep:.ty Director Office of Nuclear Reactor Regulation Distribution:
See Transmittal Letter to J. A. Stall.
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