ML19318C159

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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
ML19318C159
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 06/10/1980
From: Crutchfield D
Office of Nuclear Reactor Regulation
To: Linder F
DAIRYLAND POWER COOPERATIVE
References
NUDOCS 8007010120
Download: ML19318C159 (5)


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June 10,1980 Docket No.53-409 Mr. Frank Linder General Manager Dairyland Power Cooperative 2515 East Avenue South La Crosse, Wisconsin 54601

Dear Mr. Linder:

RE: LA CROSSE BOILING WATER REACTOR I an enclosing for your information a final rule published in the Federal Register on May 9,1980 (45 FR 30614), 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.

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 (ies)..

Sincerely,

(/

N hw Dennis M. Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing

Enclosure:

As stated THIS DOCUMENT CONTAINS P00R QUALITY PAGES 8007010ty i

Mr. Frank Linder June 10,1980 cc w/ enclosure:

Fritz Schubert, Esquire Director, Technical Assessnent Staff Attorney Division Dairyland Power Cooperative Office of Radiation Programs 2615 East Avenue South (AW-459)

La Crosse, Wisconsin 54601 U. S. Environmental Protection Agency O. S. Heistand, Jr., Esquire Crystal Mall #2 Morgan, Lewis 3 Bockius Arlington, Virginia 20460 1800 M Street, N. W.

Washington, D. C.

20036 U. S. Environmental Protection Agency Mr. R. E. Shimshak Federal Activities Branch La Crosse Boiling Water Reactor Region V Office Dairyland Power Cooperative ATTN: EIS COORDINATOR P. O. Box 135 230 South Dearborn Street Genoa, Wisconsin 54632 Chicago, Illinois 60604 Coulee Region Energy Coalf tf on Charles Bechhoefer, Esq., Chairman ATTN: George R. Nygaard.

Atomic Safety and Licensing Board P. O. Box 1583 U. 5. Nuclear Regulatory Connission La Crosse, Wisconsin 54601 Washington, D. C.

20555 La Crosse Public Library Dr. George C. Anderson 800 Main Street Department of Oceanography

'La Crosse, Wisconsin 54601 University of Washington Seattle, Washington 98195 Mrs. Ellen Sabelko Society Against Nuclear Energy Mr. Ralph S. Decker 929 Cameron Trail Route 4 Box 190D Eau Claire, Wisconsin 54701 Cambridge, Maryland 21613 Town Chairman Dr. Lawrence R. Quarles Town of Genoa Kendal at Longwood, Apt. 51 Route 1 Kenneth Square, Pennsylvania 19348 Genoa, Wisconsin 54632 Chairman, Public Service Commission Thomas S. Moore, Esq.

of Wisconsin Atomic Safety and Licensing Appeal Board Hill Farms State Office Building U. S. Nuclear Regulatory Commission Madison, Wisconsin 53702 Washington, D. C.

20555 Alan S. Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 i

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30614 Federal R:gister / Vol. 45. No. 92 / Friday. May 9. Isso / Rules and Regulati:ns SUPPtgMeNTARY INPenMA110ec On which the NRC staff is making a November 8.1976, the Nuclear systematic safety evaluation of eleven Reguistory Commission published in the (11) nuclear power facilities licensed for Federal Register (41 FR 49123) a notice operation before 1972.De purpose of of proposed rule making inviting written this systematic e.sluation program suggestions or comments on the (SEP)is to determine and document the p:eposed rule by December 23.1976. A degree to which the eleven (11) facilities notice of correction and extension of meet current licensing requirements for cor. ment period was published in the new plants. Of the five (5) plants Federal Register on December 27.1976 licensed prior to January 1.1963 that are (41 FR 56204)in which the comment still licensed to operate, three (3) are period was extended to January 26.1977. included in the SEP.ne remaining two Re notices concerned proposed (2) plants.' which presently are shut amendments to to CFR Part

  • down, will be subject to the provisions.

"I.Jeansing of Production and Utilization of the rule as long as their licenses Facilities." to require each appli ant for, authorize operation.

or holder of. a power reactor operating

% licensees participating in the SEP license which would be or was issued probably will be requested to supply a after January 1.1963 to submit considerable amut d Mfmada periodically to the Commission revised during the program. Requirina them, in pages for its Final Safety Analysis addition, to update their FSARs coutd i

Report (FSAR).These revised pages prove to be excessively burdensor e and would indicata changes made in the could result in duplication of reports.

facility or the procedures for its ne 6fwMe gewakd durbg &

operation and any analyses affected by program ad &e manner in which it is NUCLEAR REGULATORY these changes.Ritty.one persons COMMISSION submitted comments regarding the counted wHImult in a completed FSAR at 6e Mein d ee pmgrain.Fw pro sed amendments.ne commentcrs em meses beensm M facWtin to CFR Part 50 cou be roughly divided into three g

g being sub}ected by the NRC to a Periodic Updating of Final Safety

[

n eleven op sed to systematic evaluation program will not hysis Repwta the rule. and three neutral. Copies of the be mquimd to com y wie se I

AGENCY:U.S. Nuclear Regulatory comments received may be examined in ed lett r by a Director Commission.

the Commission s Public Document of the Offim of Nuclear Reactor Ac11oN: final rule.

Roo 71 on. D Regulation that, for their particular

SUMMARY

ne Nuclear Regulatory ne substantive areas of comment can faculty the pmgram has been comp eted.Because of the l

Commission is amending its regulations be categorized generally as follows:

to require each person licensed to considersticas just mentioned, that part operate a nuclear power reactor to k

f the proposed rule ~which limited the cability of Rule submit periodically to the Commission

3. Content of FSAR applicability to facilities license'd after revised pages for its Final Safety L Scope of Role January 1.1953 has been deleted and the Analysis Report (FSAR).Dese revised L nning of submittals rule will apply to all power reactors pages will indicate changes which have
a. Relation of Rade to Othee Rules and, licensed to operate, been made to reflect information and TheMAR required to be updated by 3^

analyses submitted to the Commission

[ Cost /

the rule is the original FSAR submitted t of or prepared as a result of Commission as part of the application for the requirement.ne amendment is being In response to b comments received. operating heense. it would not include made to provide an updated reference the Commissia is md2fying the rule to the subsequent supplements and document to be used in recurnns safety (a) extend its applicability to all power amendments to the FSAR or the !! cense analyses performed by the licensee, the reactors licensed to operate. (b) exclude that may have been submitted either in Commission. and otherinterested applicants for operating IIcenses. (c) response to NRC questions or on the parties.

clarify the wording of the rule. (d) applicant's or licensee's own initiative arracTivt oATu: July 22.1960.

mduce its impact on power reactor following the original submittal. Nee licensees by relaxing some of the time Nota-ne Nuclest Regn! story requirements, and (e) require the initial - various supplements and amendments must be appropriately incorporated into '.

revision to be a complete FSAR.

the original FSAR to create a single.

tt era ru ew as ay

' hen the proposed rule was complete and integral document.The be appropriate under the Federal Reports Act, a s amended. 44 U.S.C. 3512. ne date on published for public comment,its initial revision to be filed should contain which the reperting requirement of this rule applicability was limited to those plants those pages from the originally becomes effective, unless advised to the licensed after January 1.1963 in order to submitted FSARthat are still applicable contrary, accordingly. reflects inclusion of the exempt five (5) older facilities. The plus new replacement pages that 45 day peried which that stat 2te a!!aws for Commission believed that it would not appropriately incorporate the effects of such review (44 U.S.C. 3512(c)(2)).

be feas ble for these licensees tc supplements. amendments and other rom FURTNER INFoRMaTioN CONTACT!

implement the rule because there is no changes that have been made.This will Mr. Morton R. Fleishman. Office of i=tegrated 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 ine two recihti..r Indian Point unit No.

D.C. 20555, telephone 301-443-5921.

Commission has initiated a program in sad numbaue sey Uant No, L s

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Fcd:ral R2:istir / Vol. 45. No. 92 / Friday. May 9.1990 / Roles sad Rirgulsiions 30615 being flied.that can then serve as the be at lease the same as originally oflicense amendments and technical bsseline for future changes.

pw.ided. Minor differences between specification changes are independent Commenter: have asked about the actual and projected population figures of the FSAR urdating process and once

    • proper format to be used when making or other such changes in the site approved would not be subject 'o the FSAR submittal. Since the format of environment need nut 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 the rule does not sp.cify a particular analyses relative to public health and not preclude the reevaluation of format. The NRC staff has provided sefety are affected and the licensee has previous positions based on new guidance for the preparation of FSARs prepared new analyses as a result of information or riew considerations. The in Regulatery Guide 1.70. Revision 2.

NRC requiremen.s.

material submitted may be nviewed by

" Standard Format and Content of Safety Commenters have questioned the the NRC staff but will not be formally Analysis Reports for Nuclear Pewer relation of the proposed NAR updating approved.The new pages will be Plants." However.many FSARa were requirements to other reportf ag 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. The format to be used for the Operating Report and i 50.59(b) t>= utilized in any subsequent reviews or FSAR revisions is the option of the reporting. It is not the Commission's NRC stali activities concerning that licensee. but the Commission expects intention to require submittal of facility.

that tl e format will probably be the duplicative reports. The Commission is After consideration of the comments same as the format of the original FSAR. eliminating the requirement for the that were received and other factors, the No analyses other than those almady Anntial Operating Report.nis will Commission has adopted the prepared or submitted pursuant to NRC reduce significantly the reporting burden amendment to Part 50 as set forth requirements (either onginally with the oflicensees.There has been no below.

cpplication. or as part of the operating requirement that i 50.59(b) reporting be Pursuant to the Atomic Energy Act of license review process, or as required by part of thelicensee's AnnualOperating 1954, as amended, the Energy i 50.59 or other NRC requirement or to Report.Ris information generally has.

Reorganization Act of1974, as amended.

support license amendments) are beenincludedin the AnnualOperating and section 553 of title 5 of the United required to be performed by the b.eensee Report as a convenience, but it could States Code. the following amendment because of this rule.However. analyses have been submitted separately and the to to CFR Part 50 is publishe'd as a cxisung in the NAR which an known licensee still would have complied with document subject to codification.

to be inaccurate or In error as a result of 5 M59(b) which merely requires PART 50-DOMESTIC LICENSING OF new analyses performed by the licensee reporting " annually or at such shorter PRODUCTION AND UTILIZATION pursuant to NRC reqmrements, would intervals as may be specified in the FACILITIES have to be revised. Specialized studies license." Furthermon, the nport required under i 50.59(b) is only "a brief Section 50.71 is amended by adding a o

ch o us as ca.

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

should include the latest Information

, "',"ga. l ts thet has been developed in response to,

y don i

Imn maintenance Wrom, maw NRC requimments. New analyses (Le I 50.50(b) reporting may not be detailed

  • reports.

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

(e) Each person licensed to operate a n ersti n f unre ds ty The degree of detail required for nuclear power reactor pursuant to the questions ' technical specification updating the PSAR will be generally provisions,of i 50.21 or i 50.22 shall chan es.or otherlicensing questions, may e incorporated as appendices or pater than a brief description and a update penodically, as provided in sumznary of the safety evaluadon.

paragraphs (e)(3) and (e)(4) of this etherwise appropriately inserted within Howeyer. there is nothing that precludes section. the final safety analysis report 6e NAR.

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

  • rsferenced by the FSAR. such as the eus sausfy I ms(b) along with to assure that the information included Quality Assurance Program or the i 50.71(e). Parts of the FSAR submittal in the FSAR contains the latest material Emergency Plan. should be referenced may be nferenced by the i 50.59(b) developed. This submittal shall contain accurately. If such material has bee.n revised or amended. the latest revision nport.

all the changes necessary to reflect cheuld be referenced. A description of Several commenters have raised legal information and analyses submitted to 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 ere operable.The level of detail to be conceming re. reviews, the status of submission of the original FSAR or, as maintained in the updated FSAR should completed bean'ngs, and prior license apprcpriate the last updated FSAR.The approvals.The rule is only a reporting updated FSAR shallbe revised to

' As denced in I So.ss(s)(21 "A proposed chanse.

requirement to insure that an updated include the effects of' all changes made test or experunant shs3 be deemed to involve na FSAR will be available. Submittal of in the facility or procedures as unnmwed safety queenae (6]if the probabihty of updated FSAR pages does not constitute described in the FSAR: a!! safety ocamoce or the masequence of an acodent or a licensing action but is only intended to eyalustions performed by the licensee provide information. It is not intended

. either in support of requested license ou$y eva1Y.

the sa report inay be increased; or(d)if a possibibry for an for the purpose of re. reviewing plants.

amendments or in support of ecodent or malfuncuon of a ddferwat type than any Matters which have been considered conclusions that changes did not involve (fu if the a rs of sIfety.

previously during hearings will not be an unreviewed safety question: and all reconsidered as a result of the FSAR analyses of new safety issues performed t cr e denned se the basis for any tachascal spec 1Acarnos to redomd*

submittals. Thus, for example, approvals by or on behalf of the licensee at m>

e

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30616 Federal Register / Vol. 45. No. 92 / Friday. May 9.19m / aules and Regulatforo Ccmmission request.ne updated ISec. istb Pub. La w sMtn. 68 5 tat. 944. Sec.

Informatien shall be approprf ately 201. Pub. Law 93-43a a8 Stat.1242 (42 U.S.C.

located within the FSAR.

220ttbl.5s411).

(1) Revisions containing updated Dated at washinston D.C., this 1st day of information shall be submitted on a May 1980, replace =ent.page basis and shall be For the Nuclear Regulatory Commission.

accompanied by a list which idettifies Samust 1. Chilk.

l the current pages of the FSAR foilowing Secerroryofthe Conunksion page replacement. One signed original gym o. awae red w-an amt and 12 additional copies of the required anuno cops rise.ews information shall be filed with the Director of Nuclear Reactor Regulation.

U.S. Nuclear Regulatory Commission.

Washington. 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 the previous submittal, necessary to reflect information and analyses submitted to the Commission or prepared pursuant to Commission requirement or that no such changes were made: and (ii) an identification of changes 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 spplicable plus new replacement pages shall be filed within 24 mon'ths of either July 22.1980, or the date of issuance of the operating license, whichever 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 150J1(e)becomes effective. the Director of the Office of Nuclear Reactor Regulation shall notify by letter the hcensees of those nuclear power plants initially subject to the NRC's systematic cvaluation program that they need not comply with the provisions of this section while the program is being conducted at their plant. He Director of the Office of Nuclear Reactor Regulation will notify by letter the licensee of each nuclear power plant being evaluated winen the systematic evaluation program has been coepleted. Within 24 months efter receipt of this notification. the licensee shah file a complete FSAR which is up to date as of a maximum of a months prior to the date of filing the revision.

(4) Subsequent revisions shall be filed no less frequently than annually and shall:eflect all changes up to a maximum of 5 months prior to the date cf filing.

(5) Each replacement page shall include both a change indicator for the area 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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