ML19318C167
| ML19318C167 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 06/10/1980 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | Counsil W NORTHEAST NUCLEAR ENERGY CO. |
| References | |
| NUDOCS 8007010130 | |
| Download: ML19318C167 (5) | |
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UNITED STATES
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g, NUCLEAR REGULATORY COMMISSION 5
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June 10,1980 Docket No. 50-245 Mr. W. G. Counsil Nuclear Engineering and Operations Northeast Nuclear Energy Co@any Post Office Box 270 Hartford, Connecticut 06101
Dear Mr. Counsil:
RE! MILLSTONE NUCLEAR POWER STTION, UNIT NO.1 I am 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 Prog' am has r
bbeen completed for your facility (ies).
Sincerely, C/
Dennis M. Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing
Enclosure:
As stated 80070.1oggc e,--.
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Mr. W. G. Counsil June 10, 1980 cc w/ enclosure:
William H. Cuddy, Esquire Connecticut Energy Agency Day, Berry & Howard ATTN: Assistant Director Counselors at Law Research and Policy One Constitution Plaza Devel opment Hartford, Connecticut 06103 Department of Planning and Energy Policy Anthony Z. Roisman 20 Grand Street Natural Resources Defense Council Hartford, Connecticut 06106 917 15th Street, N. W.
Washington, D. C.
20005 i
Director, Technical Assessment Division 1
Northeast Nuclear Energy Company Office of Radiation Programs ATTN: Superintendent (AW-459)
Millstone Plant U. S. Environmental Protection P. O. Box 128 Agency Waterford, Connecticut 06385 Crystal Mall #2 Arlington, Virginia 20460 Mr. Janes R. Himmelwright Northeast Utilities Service Cc.mpany U. S. Environmental Protection P. O. Box 270 Agency Hartferd, Connecticut 06101 Region I Office ATTN:
EIS COORDINATOR Resident Inspector JFK Federal Building c/o U. S. NRC Boston, Massachusetts 02203 P. O. Box Drawer KK Niantic,-Connecticut 06357 Waterford Public Library Repe Ferry Road, Route 156 Waterford, Connecticut 06385 First Selectman of the Town of Waterford Hall of Records 200 Boston Post Road Waterford, Connecticut 06385
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30614 Federtl R: gist:r / Vol. 45. No. 92 / Friday. May 9,1980 / Rul s and Rigulati:ns suPPtauaNTARY INFORMATION:On which the NRC staffis making a November 8.1976, the Nuclear systematic safety evaluation of eleven i
Regulatory Commission published la the (11) nuclear power facilities licensed for I
Federal Register (41 FK 49123) a notice operation before 1972.The purpose of l
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 Sve (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 :8.1977. Included in the SEP.%e remaining two De notices concerned proposed (2) plants.' which presently are shut aniendments to 10 CFR Part 50.
down, will be subject to the provisions.
" Licensing of Production and Utilization of the rule as long as their licenses Facilities." to require each applicant for, authorize operation.
or holder of. a power reactor operating The licensees participating in the SEP j
license which would be or was issued probably will be requested to supply a i
after January 1.1963 to submit considerable amount ofinformation l
periodically to the Comnussion revised during the pmgram. Requiring them. In pages for its Final Safety Analysis addition, to update their FSARs could Report (FSAR).Dese revised pages prove to be excessively burdensome and would indicate changes made in the could result in duplication of reports.
facility or the procedures for its ne information generated during the operation and any analyses affected by pr gram and 6e mannerin wM*It is NUCLEAR REGULATORY these che ges.%1rty.one persons COMMISSION submitted comments regarding the collated will result in a completed F3AR at 6e conclusion of 6e pmgram. For proposed amendments.%e commenters l
10 CFR Part 50 could be roughly divided into three pse nasons Heensees oMacWdes j
Periodic Updating of Final Safety
$"PM*I
'," ',"g,'y"en EP s
atic eva unti n p will not d to Anal ala R* Ports the rule. and three neutral Copies of the be required to comply with the Y
AGENCY:U.S. Nuclear Regulatory comments received may be examined in pmdsfons oWs mle undl 6ey am Commission.
the Commission's Public Document n tified by letter by the NRC's Director ACMN: Final mle.
Ro was on.D egula n th t. or eir p cular suuuany:De Nuclear Regulatory He substantive areas of comment can facility, the program has been 1
Commission is amending its regulations be categorized generally as follows:
completed.Because of the i
c nsiderations just mentioned, that part to require each person licensed to
- 1. C!srincation of Rule of the proposed rule which limited the operate a nuclear power reactor to
- 2. Applicability of Rule applicability to facilities licensed after submit periodically to the Commission
- 3. Content of FSAR revised pages for its Final Safety
- 4. Scope of Rule January 1.1963 has been deleted and the Analysis Rrport (FSAR).These revised
- s. Timing of Submittals rule will apply to all power reactors pages willindicate changes which have a.Ralation of Amie to Other Rules and, licensed to operata.
been made to reflect information and Re
%eMAR required to be updated by ed FSAR analyses submitted to the Commission the rule is the original FSAR submitted a
t t
or prepared as a result of Commission as part of the application for the requirement.The 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 recumns safety (a) extend its applicability to all power amendments to the FSAR cr the license analyses performed by the licensee, the reactors licensed to operate. (b) exclude that may have beeri 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) applicant's or licensee's own initiative trFacmt DATu: July 22.1980.
reduce its impact on power reactor followag the onginal submittal. Dese licensees by relaxing some of the time 8 '
requirements, and (e) require the initial. vanous supplements and amendmen must be appropriately incorporated into,'.
C s su d s rule m the revision to be a complete ESAR.
the original FSAR to create a single, Comptro!!er General for such review as saay When the proposed rule was complete and integral document.%e be appropriate under the Federal Repons Act. as amended. 44 U.S.C. 35t2. The 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 fmm the originally becomes effective. unless advised to the licensed after January 1.1963 in order to submitted FSAR that are still applicable contrary, accordingly. reflects inclusion of the exempt five (5) older facilities. The plus new replacement pages that 45-day period which that stet:te allows for Commission believed that it would not appropriately incorporate the effects of such review (44 U.S.C.35t2(c)(2)l.
be feasible for these licensees to supplements, amendments and other FOR FURTHER INFORuATION 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
'N two facilhies m Indian Point Unit No. t D.C. 20555. telephone 301-443-5921.
Commission has initiated a program in and Hamboldt Boy Unit New s.
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Federal Register / Vol. 45. No. 92 / Friday. May 9.1980 / Rales and Regulations 30615 bring filed that can then serve as the be at least the same as originally of license amendments and technica!
- beseline for future changes.
provided. Minor differences between specification changes 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
. the 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 l the rule does not specify a particularanalyses relative to public health and not preclude the reevaluation of i
l format.ne NRC staff has provided safety are affected and the licensee has previous positions based on new l guidance for the preparation of FSARs prepared new analyses as a result of information or new considerations. The f
"m Regulatory Culde 1.;D. Revision 2. Standard Format and Content of Safety. NRC requiremen.s.
material submitted may be reviewed by Commenters have questioned the the NRC staff but will not be formally Analysis Reports for Nuclear Power relation of the proposed FSAR updating approved.De new pages will be Plants." However. many FSARs wem 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. ne format to be used for the Operating Report and i 50.59(b) be utilized in any subsequent reviews or j
FSAR revisions is the option of the reporting. It is not the Commission's NRC staff activities concerning that l
licensee. but the Comm;ssion expects intention to require submittal of facility.
i that the format will probably be the duplicative reports.De Commission is After consideration of the comments szme 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 reporting burden amendment to Part 50 as set forth requirements (either originally with the oflicensees.nere has been no below.
application, or as part of the operahng requirement that i 50.59(b) reporting be Pursuant to the Atomic Energy Act of b, cense review process, or as required by part of the licensee's Annual Operating 1954. as amended, the Energy i 50.59 or other NRC requirement. or to Report.His 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 h.censea 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 published as a existing in the FSAR which aWown licensee still would have complied with document subject to codification.
to be inaccurate or in error as a result of i 50.59(b) which merely requires PART 50-DOMESTIC LICENSING OF n2w analyses performed by the licensee reporting " annually or at such shorter ursuant to NRC requirements, would intervals as may be specified in the PRODUCTION A,NDIJTILIZATION ave to be revised. Specialized studies license." Furthermore, the report FACILITIES o$c c h zafds o required under i 50.59(b) is only "a brief Section 50.71 is amended by adding a un i assurance, d
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new paragraph (e) to read as follows:
should indude the latest information g
safety evalueuon of eachNe 15&M menance of Ma, maw h
req m ts. ew a yses Le 15&5@) repodng may not b deMed, W
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analyses not previously included in sufficiently to be considered adequate to FSAR) which were required during fulfill the FSAR updatmg requirement.
(e) Each person licensed to operate a consideration of unreviewed safety ne degree of detail required for nuclear power reactor pursuant to the
)
questions.' technical specification updating the FSAR will be generally provisions of i 50.21 or i 50.22 shall changes, or other licensing questions, greater than a "brief description" and a update periodically, as provided in may be incorporated as appendices or
" summary of the safety evaluation."
parag-aphs (e)(3) and (e)[4] of this otherwise appropriately inserted within Howeyer, there is nothing that precludes section. the final safety analysis report the FSAR.
submitting the i 50.59(b) report along (FSAR) originally submitted as part of Program type material that is with the FSAR update submittal and the application for the operating license.
- referenced by the FSAR. such as the thus satisfy 5 50 59(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 accurately. If such material has been may be referenced by the 150.59(b) developed. His submittal shall contain revised or amended. the latest revision report.
all the changes necessary to reflect thould 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 4 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 a
maintained in the updated FSAR should completed hearings and priorlicense appropriate, the last updated FSAR. The approvals. The rule is only a reporting updated FSAR shall be revised to
' As defined in i So.5s(e)(rt. *A proposed chanse, requirement to insure that an updated include the efIects of; all changes made mi. or uperunen shan be deemed to involve an FSAR will be available. Submittal of in the facility or procedures as arenewed fery question (ilit the probabinty at updated FSAR pages does not constitute described in the FSAR: all safety NiEton otNvYp$e'n't tmpo Ne7r a hen % a&n M b @ WW M gahah pd M h h hsee
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l prenovaly evaluated in the safety analysm report provide information. It is not intended
. either in support of requested license i
may be increaud: or tulit a pombmry for an for the purpose of re. reviewing plants.
amendments or in support of (codent or euttunction of a daterent rwe than any Matters which have been considered conclusions that changes did not involve
- ft$'cre7e"4: or(IuYi e m.No'rDfe7previ usly during hearings will not be an unreviewed safety question: and all reconsidered as a result of the FSAR analyses of new safety issues performed
.a defined in the basis for any techmcal speoncattaa
- i. red.c.d.-
submittals. nus, for example, approvals by or on behalf of the licensee at
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30616 Federal Re:;ister / Vol. 45. No. 92 / Friday. May 9.1980 / Rules and Regulations Commissie;n tequest.The updated (Sec. telb, Pub. La w as-703. es Stat. 948. Sec.
)
info-mation shall be appropriately 201. Pub. Law 93-434. 88 Stat.1242 (42 US.C.
Iocated withm the FSAR.
2 o1(bl.Sa41j).
(1) Revisions containing updated Dated at Washington. D.C. this 1st day of information shall be submitted on a May 1sao.
l replacement.page basis and shall be For the Nuclear Regulatory Commission.
accompanied by a list which identifies Sunuell. Chilk.
f the curren) pages of the FSAR following Secmaryofthe Commission.
6 page replacement. One signed original yaon. iu m s.ueas l
and 12 additional copies of the required
== > -a coac riewi-as information shall be filed with the Director of Nuclear Reactor Regulation.
U.S. Nuclear Regulatory Commission.
Washington.D.C 20555.
I (2) The submittal shallinclude (i) a certification by a duly authorized officer of the licensee that either the information accurately presents changea 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 s
f changes made under the provisions of I 50.59 but not previously submitted to the Commission.
(3)(i) A revision of the original FSAR contairdng 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 operatinglicense.
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 150.71(e) becomes effective, the Director of the Office of Nuclear Reactor Regulation shall notify by letter the licensees of those nuclear power plants Initially subject to the NRC's systematic evaluation program that they need not comply with the provisions of this section while the program ia being conducted at their plant.The Director of the Office of Nuclear Reactor Regulation will notify by letter the licensee of 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 8 months prior to the date of filing the revision.
(4) Subsequent revisions shall be filed no less frequently than annually and shall reflect all chantes up to a maximum of 6 months prior to the date of filing'ch replacement page shall (5) Ea 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 cf change or change number or both).
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