ML17250A817

Informs of Recently Approved Revised 10CFR50.48 Containing Schedules for Completion of All Fire Protection Mods.No Present Implementation Required as Necessary Addl Info Has Not Yet Been Approved

ML17250A817
Person / Time
Site:	Ginna
Issue date:	11/06/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	White L ROCHESTER GAS & ELECTRIC CORP.
References
LSO5-80-11-006, LSO5-80-11-6, NUDOCS 8012190011
Download: ML17250A817 (14)

Text

Docket No. 50 p44 tfr. Lean D. >Ihfte, Jr.

Vice President Electric and Steam Production Rochester Gas 8 Electric Corporation 89 East Avenue Rochester, New York 14649

Dear Hv. White:

r'C~<R "rvs Aj~

%+g As you know, a pr oposed 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 will be published in the Federal Re ister shortly and will become effective 90 days after publicatton.

( is rev sed 10 CFR 50.48 rrlll contain schedules for comp'letfon of all Are protection modifications.

One set of schedules will be applicable to features covered hy 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 fn 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 fn the SER f'r 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 five protection modifications such as this for your facility and the required addftfonal information has not yet been approved by the staff as evidenced in a staff safety evaluation report, there fs no present implementation requfrement; consequently, completion of such items will be governed by the schedules in the revised rule.

In the interim, pending the effective date'f the revised rule, the Comnissfon 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 nevi section became effective upon publication in the Federal Re later on October 29, 1980 (45 FR 71569).

11 copy of the nerv rule is enclose for your information.

This rule will be superseded by the revised rule when ft becomes effective.

OFFICE P c..

SURNAME DATE$.

NRC F0+M 318 (9.76) NRCM 0240 60 XS 90 aLi 4U.S. GOVERNMENT PRINTING OFF(CEs 1979 289 369

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Hr. Leon D. White, Jr.

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 Darrell G. Eis

hut, irector Division of Licensing 4

cc w/enclosure:

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Docket No. 50-244 LS05-80-11-006 UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 November 6, 1980 Mr. Leon D. White, Jr.

Vice President Elect ic and Steam Production Rochester Gas

& Electric Corporation 89 East Avenue Rochester, New York 14649

Dear Mr. White:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since flay 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 Re ister shortly and will become effective 90 days after publication.

l ss rev>sed 10 CFR 50.48 will contain schedules for completion of all fire protection modifications.

One set of schedules will be appl'icable 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 Re ister on October 29, 1980 (45 FR 71569).

A copy of the new rule ss enclose for your information.

This rule will be superseded by the revised rule when it becomes effective.

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Mr. Leon D. White, Jr.

2 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,

Enclosure:

As stated Darrell G. Eisenhut, irector Division of Licensing cc w/enclosure:

See next page

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Mr. Leon D. White, Jr.

November 6, 1980 CC Harry H. Voigt, Esquire

LeBoeuf, Lamb, Leiby and MacRae 1333 New Haapshire

Avenue, N.

W.

Suite 1100 Washington, D. C.

20036 Mr. Michael Slade 12 Trailwood Circle Rochester, New York 14618 Rochester Committee for Sci ent ific Informati on Robert E. Lee, Ph.D.

P. 0.

Box 5236 River Campus Stati on Rochester, New York 14627 J effrey Cohen New York State Energy Office

'wan Street Building Core 1, Second Floor Empire State Plaza

Albany, New York 12223 Director, Technical Development Programs State of New York Energy Office.

Agency Building 2 Enpire State Plaza

Albany, New York 12223 Rochester Public Library 115 South Avenue Rochester, New York 14604 Supervisor of the Town of Ontario 107 Ridge Road West

Ontario, New York 14519 Resident Inspector R. E. Ginna Plant

.c/o U. S.

NRC 1503 Lake Road

Ontario, New York 14519 Director, Technical Assessment Division Office of Radiation Programs (AW-459)

U. S. Environmental Protection Agency Crystal Mall 82 Arlington,. Virginia 20460 U. S. Environmental Protection Agency Region II Office ATTN:

E IS COORDINATOR 26 Federal Plaza New York, New York 10007 Herbert Grossman, Esq.,

Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Conmission Washington, D. C.

20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comnission

. Washington, D. C.

20555 Dr.

Emmeth A.. Luebke Atomic Safety and Licensing Board U. S. Nuclear Regulatory Coomission Washington, D. C.

20555 Mr. Thomas B. Cochran Natural Resources Defense Council, Inc.

1725 I Street, N.

W.

Suite 600 Washington, D. C.

20006

1 r

Fcdera) Regisfer / VDL 45, No. 212 / Wednesday, October 29. 2980 / RmEI anJ Regu)atiom

~69 published on October 1, 2981L 45 FR 64949. The.corrected

$ L91 fs pubHshed bdow.

EFFECTzvE DATE:April18. 198L FOR FURTHER ikfORMATiokCONTACT>>

'Robert P. De Young. Private Radio Bureau. (202) 632-717K ADOREss: Federal Conununicatfons Commission.Washington, D.C. 20554.

SUPPLEMENTARY INFORMATiOIC in the Matter of amendment ofPart 0 to transfer authority for common camer matters involving pubBc coast stations

"'o the Private Radio Bureau.

Released'utpist 191 lQSL I.In 1he Order in the abov~pUoned matter. FCC 80-179 released ApzilT,

~- -

1980, Section 081 ofthe rules was amended to refiect a transfer offuncUon

.. ~. from the Common Gamer Bureaux@ th e..

Private Radio Bureau (45 PR 25399, April 15,1980).

2. Section M1 of the rules was also-amended by Order, FCC FQ-882, released March t, 1S80. to reflect the "

zenrganfiaUon of the Common Carrie bureau. Through fnadveztence. our Order ofApril7, amc:nded the language of the rule prior to its havmg been

. amended by our Order ofMatch 7; 2980

'..., (45 FR48191, March 13. 1980).

C. To correct thh situation. Section 0's amended as set forth in the attached appendix. to amend the ci~tly effecUve language of the tule.

Federal Communications Commission.

ISecs:4.3N.48 Stat ai amended.106S,1082:

47 Us.c. 154. 303).

WVQBam j.Tricertcn,

~.Seaenrry:-

Patt 0 of Chapter IofTIQc 47 ofthe Code ofFederal RegulaUons is amended as foHawm in $ 691 the introductory text fs zevised to read as foHows:

SOW Functions ofthe Bureau.

Tne Common Cattier Bureau.

'evelops. recommends and administers poBcies and programs for the regulation ofservicesfadBUes. rates and practices ofenU~dudfng pubHc coast stations in the maritime mobile service) which furnish interstate or foreign conimunicsUons service forhfre-whetherby'.wire. IacBo, cable or satellite facilitiesand ofandllary operaUons telated to the pnsvfsions or use ofsuch services. ThaBuzeau also regulates the rates, terms and condiUons for cable tefevision and pole attachments, where

.a "h attachments'ate not regulated by a

.,state: and not provided by railroads or govetnmentaHy-or cooperaUvdy owned utilities. The Bureau afsa performs 1he followingspecific funcUonm

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earBer anUcfpated has been required to prepare a fmal tule on fireyrotelaa.

Although the finaltule Is near

. Izanoc,~tQel~c4$ oa]

comple1ion. and wfHInca~stean sclrIKLcoos sr~

fmplementaUon schedule dffzer!

&am that in the proposed zule.it haa zest yet been pubBshed and in any event woald N CLEAR REGULATORY not be effective unUI 90 days aftc MMISSION yubHCSUon.-

Certain NRC Bcensees, how~~ era 0 CFR Part 50 at present opere thg under license

. Condftfons or tedmical speciGca5uzs Fire ProtecUon Schedules for thereto whfch indude the Novezcher f.

OpetaUtig Nucfear Power Pfanta deadBne or other dates whfds wQ.

yzecede the dfecUve date ofthe huh AOENCT: US. Nudear Regulatory

'ule. To the extent thatthese Bcemees have been unable to complete aH of!he AczioicFmal rule fire protecUon measures to which these sUNSIART'he Nudear Regula1ozy completion schedules for certain Gre protection features in opctaUng nudear plants pending compleUon of its ongoing comprehensive Bze protection zul e ddng. This sns ension is ne~saO becausesomeNRCBc~ees inthf M th, dms

'0

. based upon a review ofthe enUte ~td are unable to ineet fire protection implementation deadlines contained in license condIUons Ira Bcensed conditions The CoiiiInlss o g

cans con ons e

iiiInission has found that fire protection measures

ProtecUon aPPBmble to aC hRC Bcensees. Extensive Qre zo~iz:

and safety interest would be served by forcuig carta fn Hcensees to shut down during the brief period between the Bcense condition deadlines and the induding those with different schcd tule.

effe~veness of the Qnal f protecUon ose

~t contained in Hcense condiUnns. N

--'ublic heal1h and safety Interest auld EFFECTiVE DATE: October 29. 1980.

be served by forcing only those foR FURTHER INFDRlcATlokcoNTAOT Bcensees unable to meet deaIBmcs WIIBam Shfelds, Once ofExecutive preceding the effecUveness ofthe had

'egal Director. US. Nudear Regulatorv rule to shut down for the brief mteim Commission. Washington.D.C

20555, To the contrary, the Bze prot~a" phone 301-492-8698.

measures already fmplementec gite EUFFtEMENTARTtkfoRMATtoicOn May reasonable assurance that all oyaaUIzg 29, ISM. the Commission published in 'udear plants may continue to op-ate the Federal Register (45 FR 38082) a

-safdy even though the fmalzuie m9 NoUce ofPzoposc;d Rulemaldng enUtled

~ tequire addIUonal Gte protec6cm

."Fire protection Program forNudear measures at many plants.

Plants Operating Prior td januaty 1.

The AdmfnistraUve precede: ~

1sra." The proposed rule ptovided that provides that a tule may beeE~

all fire pzotectfon modficatfons except

. uponyubBcaUon when tEatzule "~

alternate or dedicated shutdown or recognfses an exception C.-zeBeres a capabiBty would be zequited to be restriction." 5 US.C. 553(d)(1).

biz rul implemented by November 1, 1980, reHeves certain NRC Bcensees ~

unless the Commission approve an;.

Bcense conditions or technical extension forgood cause, This deadline specZicaUons thereto in regszd to he was also stated fn the Commfssfon's protecUon implementation deacBines.

May27, 1980 Memorandum and Otder and willtherefore be effecUve +pa=the on the Union of Concezned Scientists date ofpubBcation in the Fedecal Peti Uon for Emergency and Remedial Register. Furtheimote. as noted abcve.

Action. 11 NRC /07, Fl9.

the proposed tule stated that extensions Many of the conunenters on the from the November 1. deadBne woMbe proposed rule contended that the considered forgood cause. Extensm November 1 deadline was unachievable.

pubBc comment was received to the Moreover. much more Ume than was effect that the deadHne was unreaL'stic

1'!

o 71570'ederal Register / Vol. 4S, No. 211 / Wednesday, October 29. 1980 / Rules and Regulatiaas

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4 and should be revised. Under.these circumstances the Conunission believes that there is good cause for an extension of the license condition schedules

'pending effectiveness of the final rule on Gre protection.

Tne rule provides that all compliance dates contained in license conditions or technical specuications forrequired fire protection measures are suspended pending fuWer action by the Commission. As is dear from the above discussion. that further action ~N be promulgation ofthe final rule cm Gre protection. The Commission intends that licensees afected by this ru)e should use best efforts to complete all required measures as soon as possible despite" the suspension ofthe deadlines for this brief period.

Piirsuant to the Atomic Energy Act of 1954. as amended. the Energy Reorganisation Act of 1S74. as amended, and Se~ons 552 and 553 ofTitle 5 of the

'nited States Code. notice is hereby given that the foHowing amendment to Title 10. Chapter l. Code ofFederal Regulations, Part 50. is puMsbed as e document subject to codification.

PART 50DOMESTIC I.ICEHSIHG OF PRODUCTION AND UTIUZATION-FACIUTIES

- LAnew Section SL48 is added to, read as foHows:

f50A8 Rre peotectlon schedules.

To the extent that any facility's.

Bcense conditions or technical specifications incorporate compuance dates for modifications necess'ary to provide Gre protecuon features proposed by a. licensee and accepted by the ÃRC staff as sat tsging the pmrisions ofAppendix A to Branch Te~cal Position BTP/APCSB 9$-1 and reQected in NRC staff Fire Protection Safety Evaluation Reports issued prior to the effective date of this rule. those dates are hereby suspended pending fu&eraction by the Commission.

ISec, 161L PuL Law 83-%3, 88 Stat. 048: Sec.

~ P"b. Law S3-438. 88 Stat. 1242 (42 US.C.

22mtb). 8841))

Dated at Ve'sshington.D.C. this~ dey of October 1983 For ~De Neciear Regulatozjj Commtsston.

Samuel C; Chiuc.

Seuem~ ofri:e Commission.

pr, Doc.~ fust~ icosi e aaI OLtNto ccoe 7HDo&44

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