ML19338D200
| ML19338D200 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 08/29/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| Shared Package | |
| ML19338D199 | List: |
| References | |
| NUDOCS 8009220107 | |
| Download: ML19338D200 (6) | |
Text
{{#Wiki_filter::( ) ~ m .\\t ' k. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) POWER AUTHORITY OF THE STATE Of ) NEW YORK -) Docket No. 50-333 (James A. FitzPatrick Nuclear Power ) Plant) ) ORDER FOR MODIFICATION OF LICENSE I. The Power Authority of the State of New York (licensee) is the holder of Facility Operating License No. DPR-59 which authorizes the operation of the James A. FitzPatrick Nuclear Power Plant at power levels up to 2436 megawatts thermal (rated power). The f acility consists of a boiling water reactor located at the licensee 's site in Oswego County, New York. II. i On November 4,1977, the Union of Concerned Scientists (UCS) filed with the Commission a " Petition for Emergency and Remedial Relief." The petition sought action in two areas: fire protection for electrical cables, and environmental qualification of electrical components. By Memorandum and Order dated April 13,1978 (7 NRC 400), the Commission denied certain aspects of the petition and, with respect to other aspects, ordered the NRC staff to take several related actions. UCS filed a Petition for Reconsideration on May 2,1978. By Memorandum and Order, dated May 23, 1980, the Commission reaffirned its April 13, 1978 decision G 8009220107
N - regarding the possible shutdown of operating reactors. However, the Commission /s May 23, 1980 decision directed licensees and the NRC staff to undertake certain actions. With respect to environmental qualification of safety-rel'ated electrical equipment, the Commission determined that the provisions of the two staff documents - the Division of Operating Reactors " Guidelines for Evaluating Environmental Qualification of Class 1E Electrical Equipment in Operating Reactors" (D0R Guidelines) and NUREG-0588, " Interim Staff Position on Environmental Qualification of Safety-Related Electrical Equipment," December 1979 " form the requirements which licensees and applicants must meet in order to satisfy those aspects of 10 CFR Part 50, Appendix A General Design Criterion (GDC-4), which relate to envi-ronmental qualification of safety-related electrical equipment." The Commission directed, for replacement parts in operating plants, "unless there are sound reasons to the contrary, the 1974 standard in NUREG-0588 will apply." The Commission also directed the staff to complete its 1 review of the information sought fron licensees by Bulletin 79-01B and to completa its review of environmental qualification of safety-related electrical equipment in all operating plants, including the publication of Safety Evaluation Reports, by February 1,1981. The Commission 1 Bulletin 79-01B was not sent to licensees for plants under review as part of the staff 's Systematic Evaluation Program. The infomation sought by Bulletin 79-01B was requested from these licensees by a series of letters and meetings during the months of February and March, 1980. =
~ .] D.., s N 2 imposed a deadline that, "by no later than June 30, 1982 all safety-related electrical equipment in all operating plants shall be qualified { to the DOR Guidelines or NtREG-0588." The Commission requested the [ ' staff. to, " keep the Commission.and the.public apprised of any further c. I findings of incomplete environmental qualification of safety-related electrical equipment, along with corrective actions taken or planned," ~ [ and requested the staff to provide bi-monthly progress reports to the I i Commission. ~ The Ccmmission further directed the staff to add certain documentation e requirements to each license after the specific requirements were approved 5 by the Commission. The Commission also pointed out that the various deadlines imposed in its Order, "do not excuse a licensee from the obligation to modify or replace inadequate equipment promptly." III. The infomation developed during this proceeding empnasizes the importance of adequate documentation, the prompt completion of the review of environ-i mental qualification of safety-related electrical equipment, and the pronpt completion of any plant modification needed to assure confomance with the 00R Guidelines or NUREG-0588. A significant aspect of this review is the timely submittal of environmental qualification infomation by the operating plant-licensees to enable the staff to enmplete its review in accordance with the Commission 's Order. The staff nas a program presently underway to reevaluate, usi.ng the DCR Guidelines and NtREG-0585, the qualifications of safety-related electrical equipment exposed I. s. .-a, .a l
. P to environments that may exist following postulated accidents. These accidents are Loss of Coolant Accident and Main Steam Line Break { inside containment, and High Energy Line Breaks inside and outside centainment. Ir. this connection the licensee was requested by I&E Bulletin 79-OlB of January 14, 1980 to provide a detailed review of the environmental qualification of Class lE electrical equipment. This review was to ir.clude all equipment required to function under postulated accident conditions, both inside and outside the primary containment, and recognize all conditions specified in the bulletin. Evidence of qualification together with methods and justification, was requested. Clarification was provided by supplemental information, briefings, and ir. some cases, meetires with the licensee. Timely completion of the scaff.'s review of environmental qualification of electrical equipment a-d timely completu)n of needed modifications by the licensee is . required to provide continuing reasonable assurance of public health and safety. Such completion is dependent on the prompt receipt of a complete response by the licensee to the staff /s requests for information. 9cwever, the licensee /s response, to date, is incomplete. Trerefore, I have concluded that the public health, safety, and interest' reacire that a firm schedule for the timely submission of all the information previously requested by the staff should be established by Order effective immediately. I
f . IV. 1 Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and the Commission /s regulations in 10 CFR Parts 2 and 50, IT IS ORDERED THAT EFFECTIVE IMMEDIATELY Facility Operating License No. DPR-59 is hereby amended to add the following provisions: "Information which fully and completely responds to the staff,'s request as specified above, shall be submitted to the Director, Division of Licensing by the licensee not later than November 1,1980." An earlier response is encouraged to facilitate staff review and issuance of the safety evaluation report. The licensee or any cerson whose interest i nay be affected by this Order may request a hearing within 20 days of the date of this Order. Any request for a hearing will not stay the effective date of this Order. Any request for a hearing shall be addressed to the Director, Office of Nuclear Reactor Regulation, U.S. .;uclear Regulatory Commission, Washington, D. C. 20555. A copy of the request should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, and to Charles M. Pratt, Assistant General Counsel, Power Autho'rity of the State of New York,10 Columbus Circle, New York, New York 10019, attorney for the licensee.
- = s;; , If a hearing is held concerning this Order, the issue to be considered at the hearing shall be whether the license should be modified to require submission of information as set forth in Section IV. of the Order. Operating of the facility on terms consistent with this Order is not stayed by the pendency of any proceedings on the Order.. FOR THE NUCLEAR REGULATORY COMMISSION Darrell G. Eisennut, Director Division of Licensing Effective Date: August 29, 1980 Bethesda, Maryland w O ? ? 4 O =}}