ML19339C053

Notifies of Commission Approval of Revised Final Version of Proposed Rule Containing Schedules for Completion for Fire Protection Mods.Interim Rule on Encl Fr Notice Suspends Completion Dates for Fire Protection Mods

ML19339C053
Person / Time
Site:	Calvert Cliffs
Issue date:	10/31/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Lundvall A BALTIMORE GAS & ELECTRIC CO.
References
FRN-45FR71569, RULE-PR-50 NUDOCS 8011170274
Download: ML19339C053 (5)

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msHmoToN. o. c. nossa October 31, 1980

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g Docket Nos. 50-317 g

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y Mr. A. E.' Lundvall, Jr.

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E Vice President - Supply Baltimore Gas & Electric Company Post Office Box 1475

' Baltimore, Maryland 21203

Dear Mr. Lundvall:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been The Commission has recently approved a revised peading since May 1980. final version of that proposed Section 50.48 and Appendix which will be published in the Federal Register shortly and will become effective 90 days after publication. This revised 10 CFR 50.48 will contain schedules for completion of all fire protection modifications.

One set of schedules will be applicable 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 To the reviewed and approved by the NRC staff prior to implementation.

extent that there are fire protection modifications such as this for your facility and the required additional infonnation 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 _ Register A copy of the new rule is enclosed on October 29, 1980 (45 FR 71569).

This rule will be superseded by the revised rule when for your information.

it becomes effective.

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-2 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.

incerely, E[i se'n e

Division of kicensing

Enclosure:

As stated cc w/ enclosure:

See next page i

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Baltimore Gas 'and Electric Company.

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James A. Biddison, Jr.

fir. Bernard Fowler President, Board of County General Counsel Commissioners G and E Building Prince Frederick, Maryland 20768 Charles Center Baltimore, Maryland 21203 Director Technical Assessment Division Geo'rge F. Trowbridge,. Esquire Office of Radiation Programs Shaw, Pittman, Potts and (AW-459)-

Trowbridge U. 3. Environmental Protection Agency 1800 il Street, N.W.

Washington, D. C.

20036-Crystal Mall #2 Arlington, Virginia 20460 Mr. R. C. L.-Olson U. S. Environmental Protection Agency Baltimore Gas and Electric Company Room 922 - G and E Building Region !!! Office Post Office Box 1475 ATTN:

EIS COORDINATOR Curtis Building (Sixth Floor)

Baltimore, Maryland 21203 51xth and Walnut Streets Philadelphia, Pennsylvania 19106 lant up in d t Calvert Cliffs Nuclear Power Plant Ralph E. Architzel Baltimore Gas & Electric Company Resident Reactor liispector Lusby, Maryland 20657 NRC Inspection and Enforcement P. O. Box 437 Bechtel Power Corporation Lusby, Maryland 20657' ATTH: lir. J. C. Judd Chief Nuclear Engineer Mr. Charles B. Brinkman 15740 Shady Grove Road Gaithersburg, Itarylanrt -20760 Manager

. Washington Nuclear Operations Combustion Engineering, Inc.

C-E Power Systems ATTN: tir. P. W. Kruse,11anager Combustion Engineering, Inc.

Engineering Services 4853 Cordell Ave., Suite A-1 Post Of fice Box 500 Bethesda, Maryland 20014 Windsor, Connecticut 06095 Calvert County Library Prince Frederick, liaryland 20678 Director, Department of State Planninc 301 West Preston Street Baltimore, Maryland 21201 r

Mr. R. M. Douglass, fianager Administrator, Power Plant Siting Program 1

Quality Assurance Department Energy and Coastal Zone Administration Room 923 Gas & Electric Building Department of Natural Resources P. O. Box 147S Baltimore, Maryland 21203 Tawes State Office Building Annapolis, Maryland 21204 4

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• F4dtr:1 Regist:r /.Vcl. 45. No. 211/ Wednisdsy. OctobIr 29. 1980 / Rules anJ Regulations n569

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i'mE published on October 1.1980. 45 FR -

' performs the following specific earliu anticipated has been required to

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e 64949.The corrected i OS1 is published functions:

prepare a final rule on fire protection.

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below.

Although the final rule is near a

arrtetivt DATE: April 18,1980.

. IM Da **. ni.msn.am s %t completion, and willincorporate se j-e,tui.o coon enn.ei.a implementation schedule d!fferent frocs FOR PURTMER INFORM ATION CONTACM R bart P.De Young. Private Radio that in the proposed rule. it has not yet M

Bure:u. (202) 632-7175.

been published and in my event would t:::5 AcoRess: Federal Communications pg p not be effective until 90 days afte:

i:5 Commission. Washington. D.C. 20554.

OMSSION publication.

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Certain NRC licern. bowever, ce

$3 g[UPPLEMENTARY INFORM ATION:

O CFR Part 50 rt p eat oper er license

@is la the Matter of amendment of Part O.

cond 'ns or tu.

. specifications F:

to tr:nsfer authority foe common carrier Fire Protection Schedules for thereto which include the November 1 55 m:ttrrs involving public coast stations Operating Nuclear Power Plants deadh,ne or other dates which will y

to the Private Radio Bureau.

precede the effective date of the final E

acENcy:U.S. Nuclear 8%A1ory rule.To the extent that these licensees Relrased: August 19.1980.

Commission.

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have been unable to complete all of the Ey,

1. In the Order in the above-captioned ACTION: Final rule.

fire protection measures to which these Es.

matier. FCC 80-179 released April 7, 1580.Section 0.91 of the rules was suuuany:ne Nuclear Regulatory deadlines apply, continued operation

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would violate the license conditions.

E~3 amended to reflect a transfer of function Commission (NRC)is amending its from the Common Carrier Bureau to the regulatbns to temporarily suspend The violation would extend only until Er Private Radio Bureau (45 FR 25399, April completion schedules for certain fire the final rule becomes effective, since E :t 13.1980),

protection featurr.s in operating nuclear the implementation schedule contaised F5 2.Section 0.91 of the rules was also plants pendmg completion ofits ongoing in the final rule wiD supersede

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enended by Order. FCC 79-882 C mprehensive fire protection inconsistent license conditions.

55 The Commission has determined.

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, rele: sed March 7.1960, to reflect the

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licensees

'*8 reorg:nization of the Common Carrier are unafe to ineet g.

In this rulemaking. that relief from these b.---

are protection Bureau.Through inadvertenca.our license conditions Is appropriate

'2F Order of April 7, amended the language I"P g;,

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s. "I' e Co is lon pen ng promulgauon de Enal rule m2 35 cf the rule prior to its having been cminded by our Order of March 7,1980 has found that fire protection measures fire protection applicable to all NRC licensees. Extensive fire protection

'(45 FR 16191. March 13.1980). -

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measures have already been 3.To correct this situation, Section 2.

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• uld b' d bY implemented at all operating plants.The i

0.911s amended as set forth in the implementation schedule of the final

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a,ttached appendix.to amend the 8'

currently effective language of the rule.

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bod rule will be uniform and comprehensive.

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License condition deadlines and the and will apply to all oper,ating plants n ___

l Tederal Communications Commission.

effectiveness of the final fire protection

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h ISecs. 4.333,48 Stat as amended. 1066,1083 rule.

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EFTtcTivt oATE: October 29.1980..

public health and safeT Interest wocld

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c USC.154,303)-

M** W"'IC8' be served by forcing caly those E55 Secretary-FOR FURTHER INFORMATION CONTACT:

licensees unable to meet deadlines

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William Shields. C rfice of Executive preceding the effectiveness of the final Z:Z Part 0 of ChapterI of Title 47 of the Legal Director. U.S. Nuclear Regula tory rule to shut down for the briefinterin

====3 Code of Federal Regulations is' amended Commission, Washington, D.C. 20555, Tu the contrary, the fire protection es follcws:

phone 301-492-8696 measures already implemented give grpj-

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in 5 0.91 the introductory text is sUPPt2MENTARY INFORM ATION: On May reasonable assurance that all operating revised to read as follows:

29,1980, the Commission published in

• nuclear plants may continue to operate T

the Federal Register (45 FR 36082) a safely even though the final rule will I o.st Functions of the sursau-

,u;,.2 Notics of Proposed Rulemaking entitled require additional fire protection

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The Conunon Carrier Bursac

."Fim Protection Program for Nuclear measures at many plants.

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d:velops. recommends and administera Plants Operating Prior to January 1.

The Administrative Procedure Act E.Eis pohcies and programs for t) e regulation 1979."The proposed rule provided that provides that a rule may be eflective of services, facilities. rates and practices all fire protection modifications except upon publication when that rule " grants

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of antities (exduding public coast altemate or dedicated shutdown or recognizes an exception or relieves a

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stations in the maritime mobile service) capabil!!y would be required to be restriction." 5 U.S.C. 553(d)(1).This rule JZZ which furnish interstate or foreign implemented by November 1.1980, relieves certain NRClicensees from Eid

- communications service for hite-unless the Commission approve an license conditions or technical Ei5 whether by wire, radio, cable or satellite extension for good cause.This deadline sp.

.ations thereto in regard to fire iscilities-and of ancillary operations was also statniin the Commission's protection implementation deadlines,

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related to the provisions or use of such May 27,1980 Memorandum and Order and will therefore be effective upon the services.The Bureau also regulates the en the Union of Concerned Scientists date of publication in the Federal nnj retes. terms, and conditions for cable Petition for Emergency and Remedial Register. Furthermore, as noted abcve.

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te'evision and pole attachments, where Action.11 NRC 707. 719.

the proposed rule stated that extensions such attachments are not regulated by a Many of the commenters on the from the November 1. deadline would be ME state and not provided by railroads or prorosed rule contended that the considered for good cause. Extensive n=a.!:

Fos emmentally-or cooperatively November i deadline was unachievable. public comment was received to the TZ owned uti!ities.The Bureau also Moreover. much more time than was effect that the deadline was unrealistic

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• D'T hf wa oJ x1. kli%

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==9 E 70' Federal Register / Vcl. 45, N:. 221 / Wednesday, Oct6ber 29.'1980 / Rif.

nd Regulations E

r5 and should be revised. Under,these 55 circumstances the Commission believes

=jg th:1 there is Food cause for an extension

..g cf the license condition schedules si pending effectiveness of the final rule on yj fire protection. -

The rule provides that all comp!Iance iM3 dat:s contained in license condfuons or

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technical specifications for required fire h5 i

prstection measures ars suspended id pending further action by the fE-3 CImmission. As is clear from the above i--

discussion. that further actfon will be i=.:

promulgation of the final rule on fire -

ss protection. The Commission intends that licensees affer

ted by this rule should j.. _.

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us2 best efforts to complete all required 5=5 musures as soon as possible despite

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brief period.

1.:.Z; Persuant to the Atomic Energy Act of.

1954, as amended, the Energy Ej2Ei Reorganindon Act of 1974. as amended.

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end Sections 552 and 553 of Title 5 of the

c. =3 United States Code, nouce is hereby F

F v:n that the following amendment to i

Title 10. Chepter I. Code of Federal

..-i E Regulations. Part 50, is published as a 5Z$

d:ci ment subject to codification.

PART 60-DOMESTIC UCENSING Ole

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PAODUCTION AND UTILIZATION IEE:i FACILITIES Fi!!!!Ei

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L A now Section 50.481s added to 3'

read as follower

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t so.4s Fire protection schedules.

To the extent that any facility's.

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if;;.L; lics:se conditions or technical i.T.:Z.7 specificadons incorporate compliance provide fire protection features 7'7 5 dates for modifications r.ecers'ary to

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proposed by a licensee and accepted by

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the NRC staff as satisfying the

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provisions of Appendix A to Branch Technical Position DTP/APCSB 9.5-1 E--- :==

and reflected in NRC staff Fire E=r ='====

Protzction Safety Evaluation Reports issurd prior to the effective date of this hii EE!

rule. those dates are hereby suspended E: El pending further action by the

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Comeission.

n..... _j (Sec.161b. Pub. La w 83-rc3. 68 Stat. 944. Sec. 201. Pt.b. La w 91-438. 68 Stat.1242 (42 U.S.C.

2001(h1384t11 Dated at Washington. DL this 2rth day of rrd2 E55 0:tober 1980

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Fer :he Nuclear Regu! story Commission.

j:E :EE'I La asuel C. Chin,.

J:# EE Ss:re::ry of the Commissior gra om arma ru.4 iSam sait sail

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