ML19318C154

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Forwards Final Rule Published in 800509 Fr Amending 10CFR50.71 to Require Periodic Updating of Fsars.Compliance Is Not Required Until Completion of SEP
ML19318C154
Person / Time
Site: Oyster Creek
Issue date: 06/10/1980
From: Crutchfield D
Office of Nuclear Reactor Regulation
To: Finfrock I
JERSEY CENTRAL POWER & LIGHT CO.
References
NUDOCS 8007010113
Download: ML19318C154 (5)


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4 UNITED STATES NUCLEAR REGULATORY COMMISSION 3 "'

y WASHINGTON D. C. 20555 1

June 10,1980 Occket No. 5,0-219 Mr. I. R. Finfrock, Jr.

Vice President - Generation Jersey Central Power & Light Company Madison Avenue at Punch Bowl Road Morristown, New Jersey 07960

Dear Mr. Finfrock:

RE: 0YSTER CREEK NUCLEAR GENERATING STATION, UNIT N0.1 I am enclosing for your information a final rule published in the Federal Register on May 9,1980 (45 FR 30514), which becomes effective July 22, 1980. This regulation amends Section 50.71 of 10 CFR Part 50 by adding a new paragraph (e), which requires periodic updating of Final Safety Analysis Reports.

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Note that the licensees participating in the Systematic Evaluation Program are not required to comply with the provisions of this rule until you are notified by a letter from us that the Systematic Evaluation Program has been completed for your facility (f es).

Sincerely, f/

Dennis M. Crutchfield, Chief Oper'ating Reactors Branch #5 Division of Licensing

Enclosure:

As stated THIS DOCUMENT CONTAINS POOR QUAllTY PAGES 8007010,gg

Mr. I. R. Finf rock, J r. June 10, 1980 cc w/ enclosure:

G. F. Trowbridge, Esquire Gene Fisher Shaw,1:ittman, Potts and Trowbridge Bureau Chief 1800 M Street, N. W.

Bureau of Radiation Protection Washington, D. C.

20036 380 Scotts Road

. Trenton, New Jersey 08628 GPU Service Corporation ATTN:

Mr. E. G. Wallace Mark L. First Licersing Manager Deputy Attorney General 260 Cherry Hill Road State of New Jersey Parsippany, New Jersey 07054 Department of Law and Public Safety Environmental Protection Section Anthony Z. Roisman 36 West State Street Natural Re aurces Defense Council Trenton, New Jersey 08625 91715th Street, N. W.

Washington, D. C.

20006 Joseph T. Carroll. Jr.

Plant Superintendent Oyster Creek Nuclear Generating Steven P. Russo, Esquire Station 248 Washington Street P. O. Box 388 P. O. Box 1060 Forked River, New Jersey 08731 Toms River, New Jersey 08753 Joseph W. Ferraro, Jr., Esquire Director, Technical Assessment Deputy Attorney General Division State of New Jersey Office of Radiation Programs Department of Law and Public Safety (AW-459) 1100 Raymond Boulevard U. S. Environmental Protection Newark, New Jersey 07012 Agency Crystal Mall #2 Ocean County Library Arlington, Virginia 20460 Brick Township Branch 401 Chambers Bridge Road U. S. Environmental Protection Brick Town, New Jersey 08723 Agency Region II Office Mayor ATTN: EIS COORDINATOR Lacey Tconship 26 Federal Plaza P. O. Box 475 New York, New York 10007 Forked River, New Jersey 08731 Commissianer Departmant of Public Utilities State of New Jersey 101 Commerce Street Newark, New Jersey 07102 m'

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30614 Federal R:gister / Vd. 45. N2. 92 / Friday. May 9.1980 / Rules and Regulatirns auPPtaMENTARY INPoRMAfton:On which the NRC staffis making a November s.1976. the Nuclest systematic safety evaluation of eleven Regulatory Commission published in the (11) nuclear power facilities licensed for Federal Register (41 FR 49123) a notice operation before 1972.no purpose of of proposed rule making inviting written this systematic evaluation program suggestions or comments on the (SEP)is to determine and document the proposed rule by December 23.1976. A degree to which the eleven (11) facilities notice of correction and extension of meet current licensing requirements for comment period was published in the new plants. Of the five (5) plants Federal Register on December 27.1978 licensed prior to January 1.1963 that are (41 FR 56204)in which the comment stilllicensed to operate, three (3) are period was extended to January 28.1977. included in the SEP.ne remaining two ne ootices concerned proposed (2) plants.' which presently are shut a:Bendments to 10 CFR Part 50.

down, will be subject to the provisions "1Jeansing of Production and Utilization of the rule as long as theirlicenses Facilities." to require each applicant for, authorize operation.

or holder of, a power reactor operating De licem prdcipatingin the SEP license which would be or was issued probably will be I, quested to supply a after January 1.1963 to submit considerable amt mt ofinformation 1

periodically to the Commission revised during the progra n. Requiring them,in pages for its Final Safety Analysis addition to updne their FSARs could Report (FSAR).These revised pages prove to be excessively burdensome and would Indicate changes made in the could result in dup!! cation of reports.

facility or the procedures for its ne information generated during the p

the erin ch i gsm C

GULATORY ths c e.

e pe o submitted comments regarding tha at the conclusion of the program. For p

dese was ne censees Wachee 10 CFR Part 50 cou berou d into en rdng ee being subjected by the NRC to a Period c Updating of Final Safety

{,up w e eleven opposed to systematic evaluation program will not Mais Repwts the rule, and three neutral. Copies of the be mquimd to corn y wie ee sfo e Pu lic e y u y

a tor e Co t

C so a that, or t$eir p cular AcTec Final mle.

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suvuAny:The Nuclear Regulatory De siubstantive areas of comment can facility, the program has been Commission is amending its regulations be categorized generally as follows:

completed.Because of the nsiderations just mentioned, that part to require each person licensed to g, g lardicadon of Ade o the proposed rule which limited the operate a nuclear power reactor to

2. Appucabi]Jry of Rule applicability to facilities licensed after submit periodically to the Commission
3. Content of PSAR revised pages forits Final Safety
4. Scope of Rule January 1.1963 has been deleted and the s.nning of Submittals rule will apply to all power reactors Analysis Report (FSAR).nese revised 8 A*lation of Rais to Other Rules and, licensed to operate.

pages wiD indicate changes which have been made to reflect information and TheMAR required to be updated by analyses submitted to the Commission I". Cost /

ee mie is the originaWSAR subunined s

t of or prepared as a result of Commission as part of the application for the requirement.ne amendment is being In response to the comments received. operating license it would not include made to provide an updated reference the Commission is modifying the rule to the subsequent supplements and document to be used in recurring safety (a) extend its applicability to all power amendments to the ESAR or the license analyses performed by the licensee, the reactors IIcensed to operate. (b) exclude that may have been submitted either in Commission, and other interested applicants for operating licenses. (c) response to NRC questions or on the parties.

clarify the wording of the rule. (d) app!! cant's or licensee's own initiative ErFtcTivt DATE* July 22.1980.

reduce its hnpact on powerreactor following the original submittal. hse beensees by relaxing some of the time. various supplements and amendments

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req irements and (e) requim the initial must be appropriately incorporated int,.

Comnus o s su i t a rule to the revis on to be a complete FSAR.

the original FSAR to create a single, ComptroIIer General for such review as may When the proposed rule was complete and integral document.The be appropnate under the Federal Reports Act, as acended. 44 U.S.C. 3512.no date on published for public comment. Its initial revision to be filed should contain which the reporting requirement of this rule applicability was limited to those plants those pages from the originally becomes efective.unless sdvised to the licensed after january 1.1963 in order to submitted FSAR4 hat are still applicable contrety. accordingly. reflects inclusion of the exempt Sve (5) older facilities.ne plus new replacement pages that

45. day pc.od which that stat 2te s!!ows for Commission believed that it would not appropriately incorporate the effects of such revsew (44 U.S.C. 3512(c](2]!.

be feasible for these licensees to supplements. amendments and other FoM F1JRTMER INFoRMAT10N CONTACT:

implement the rule because there is no changes that have been made. This will Mr. Morton R. Fleishman. Office of integrated document comparable to an result in a single, complete document Standards Development. U.S. Nuclear FSAR for their facilities. Since Regulatory Commission. Washington.

publication of the proposed rule. the

.The two r citm m ine n pmat unit u :

j D.C. :n555 telephone 301-443-5921.

Commission has initiated a program in and Haabenst Bay thut Na s, j

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F4dml Ragistir / Vcl. 45. No. 92 / Friday. May 9.1980 / Roles sad Requissions 30615 b:ing filed.that can then serve as the be at least the same as originally oflicense amendments arid technical beseline for future changes.

provided. Minor differences between specification channes are independent Commenters have asked about the actual and projected population figures of the FSAR updating process and once

. proper format to be used when making or other such changes in the site approved would not be subject 'o ths FSAR submittal. Since the format of environment need not be reported further consideration simply because the the FSAR is not covered by regulation.

unless the conclusions of safety FSAR is updated. This, of course. does ths rule does not specify a particular analyses relative to public beelth and not preclude the reevaluation of

- format. He NRC staff has provided safety an affected and the licensee has previous positions based on new guidance for the preparation of FSARs prepared new analyses as a result of ti formation or new considerations.The

" Standard format and Content of SafetF. NRC requiremen.s.

material submitted may be reviewed by in Regulatory Guide 1.70. Revision 2.

Commenters have questioned the the NRC staff but will not be formally l

Analysie Reports for Nuclear Power relation of the proposed FSAR updating approved. The new pages will be Plants." However, many FSARs were requirements to other reporting accepted as representing the licensee's d:veloped prior to any specific guidance requirements such as the Annual Position at the time of submittal and will en format.He format to be used for the Operating Report and i 50.59(b) be utilized in any subsequent reviews or FSAR revisions is the option of the reporting. It is not the Commission's NRC staff s tivities concerning that licensee. but the Commission expects intention to require submittal of facility.

that the format will probably be the duplicative reports.ne Commission is After consideration of the comments seme as the format of the original FSAR. eliminating the requirement for the that were received and other factors. the No analyses other than those already Annual Operating Report.nis will Commission has adopted the prepared or submitted pursuant to NRC reduce significantly the mporting burden amendment to Part 50 as set forth requirements (either originally with the oflicensees.nen has been no below.

application, or as part of the operating requirement that i 50.59(b) aporting be Pursuant to the Atomic Energy Act of

. license review process, or as required by part of the licensee's Annual Operating 1954. as amended the Energy l 50.59 or other NRC requirement, or to Report. nis information generally has.

Reorganization Act of1974, as amended, support license amendments) are been included in the Annual Operating and section 553 of title 5 of the United required to be performed by the L.censee Report as a convenisoce, but it could States Code, the following amendment because of this nue.However, analyses have been submitted separately and the to to CFR Pa t 50 is published as a existing in the FSAR which are known licensee still would have complied with document subject to codification.

ts be inaccurate or in error as a result of 5 50.59(b) which merely requires n2w analyses performed by the liceusee npordng " annually or at such shorter PART 50-DOMESTIC LICENSING OF ursuant to NRC requirements, would intervals as may be spectfled in the PRODUCTION AND UTILIZATION ave to be revised. Specialized studies license? Furthermon the report FACILITIES h

c hazafds or qu i mquind under i 50.59(b) is only "a brief Section 50.71is amended by adding a asr e.e.

duenption of such changes. tests, and new paragraph (e) to read as follows:

should include the latest information expenmenta, including a summary of the fdC,ede " deis.l ped '"'iy's"*""e'*

th t has b efve.ana

='*F i=uaaarache m i=n - - * - aiaa' nen I 50.59(b) reporting may not be detailed. reports.

analyses not previously included in sufficiently to be considered adequate to fulfill the FSAR updatine requirement.

(e) Each person licensed to operate a n e n u vi ed a ty The degree of detail required for nuclear power reactor pursuant to the questions.' technical specification UP ating the FSAR will be generally provisions of i 50.21 or i 50.22 shall d

changes. or other licensing questions.

greater than a "brief description" ard a update periodically, as provided in may be incorporated as appendices or "sunnary of the safety evaluation.,

paragephs (e)(3) and (e)(4) of this I

ctherwise appropriately inserted within Howeyer. there is nothing that precludes seem the final safety analysis report the FSAR.

Program type material that is submitting the i 50.59(b) report along (FSAR) originally submitted as part of referenced by the FSAR. such as the with the M cpdate submittal and the application for the operating license.

Quality Assurance Pmgram or the thus satisfy I 50.59(b) along with to assure that the information included Emergency Plan, should be referenced I 50.71(e). Parts of the FSAR submittal in the FSAR contains the latest material tecurately. lf such materialhas been may be referenced by the i 50.5e(b) developed. nis submittal shall contain revised or amended, the latest revision Nport.

all the changes necessary to reflect 4

thould be referenced. A description of Several commenters have raised legal information and analyses submitte;l to 1

physical changes to the facility should questions concerning the proposed rule the Commission by the licensee or be included in the update after the including questions relative to the prepared by the licensee pursuant to changes have been approved for use and % Purpose of the rule, the implication Commission requirement since the are operable. The level of detail to be concerning re. reviews, the status of submission of the original FSAR or, as maintained in the updated FSAR should completed hearigs, and prior license appropriate. the last updated FSAR. The approvals. The rule !s only a reporting updated FSAR shall be revised to

' A defined ta i so.ssteitzt *A proposed chasse, requirement to insure that an updated include the effects of: all changes made i

seet. or empenswei aban be deemed to involve==

FSAR will be available. Submittal of in the facility or procedures as unnne-ed niery quaoes 01if the probabhy of updated FSAR pages does not constitute described m the FSAR: all safety g"** "f$N Nety a licensing actfon but is only intended to evaluations performed by the licensee pronously evaluated is the eefety analy is report provide information. It is not intended

. esther m support of requested h, cense eney be mer...ed. er (ulif a pouibdity for en for the purpose of re-reviewing plants.

amendments or in support of acadent er sulfunction of a ddlerent type than saY Matters which have been considered conclusions that changes did not involve

  • j,"i,,,',7"*,"* $ '* h* N fe g previously during hearings will not be an unreviewed safety question: and all

'*d 4,n,,ed is une besie tw any wa peancaisse nconsidered as a result of the 75AR analyses of new safety issues performed e

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submittals. Thus, for example. approvals by or on behalf of the licensee at p '

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i 30616 Federal Re:;ister / Vol. 45. No. 92 / Friday. May 9.1980 / Rules and Regulations Commission request. The updated (Sec totb Pub. Law S3-703. as Stat. Ma, Sec.

Information shall be appropriately

En. Pub.1.aw m-438. as Stat.1242 (42 U.S.C.

22a.(bl 544 1).

ocated within the FSAR.

(1) Revisions containing updated Dated at Washington. D.C. this tot day of information shall be submitted on a Maytwo.

replacement.page basis and shall b, For the Nuclear Regulatory Commission.

accompanied by a list which identifies Samu.! !. ch1Ik.

the curren) pages of the FSAR following Sec etary ofthe cocunissim page replacement. One signed original an on. mune ru.o+an as I and 12 additional copies of the required an.a.sso coca rimo.es*

information shall be filed with the Director of Nuclear Reactor Regulation.

U.S. Nuclear Regulatory Comrnission.

We shington. D.C. 20555.

(2) The submittal shallinclude (i) a certification by a duly authorized officer of the licensee that either the information accurately presents changes made since tie previous submittal necessary to reilect information and analyses subinitted to the Commission or prepared pursuant to Commission requirement. or that no such changes were made; and (ii) an identi'ication of chenges made under the provisions of s

i 50.59 but not previously submitted to the Commission.

(3)(i) A revision of the originalFSAR containing those original pages that are still applicable plus new replacement pages shall be filed within 24 months of either July 22.1980, or the date of issuance of the operating license, wnichever is later, and shall bring the FSAR up to date as of a maximum of 6 months prior to the date of filing the revision.

(ii) Not less than 15 days before i 50.71(e) becomes effective, the Director of the Office of Nuclear Reactor Regulat5 shall notify by letter the licensees of thore nuclear power plants initially subject to tt a NRC's systeinsti;:

evaluation program that they need not comply with the provisions of this section while the program'is being conducted at their plant. The Director of the Office of Nuclear Reactor Regulation will notify by letter the licensee cf each nuclear power plant being evaluated when the systematic evaluation program has been completed. Within 24 months after receipt of this notification. the licensee shall file a complete FSAR which is up to date as of a maximum of 6 months prior to the date of filing the revision.

(4) Subsequent revisions shall be filed no less frequently than annually and shall reflect all changes up to a maximum of 6 months prior to the date cf filing (5) FIch replacement page shall include both a change indicator for the crea changed, e.g., a bold line vertically drawn in the margin adjacent to the portion actually changed. and a page change identification (date of change or change number or both).

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