ML19339C823
| ML19339C823 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 10/31/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Mayer L, Myer L NORTHERN STATES POWER CO. |
| References | |
| TAC-11094, TAC-11095, NUDOCS 8011190598 | |
| Download: ML19339C823 (5) | |
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g NUCLEAR REGULATORY COMMISSION iE WASHING TON, D. O,20555 k..../
October 31, 1980 g
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Docket No. 50-282/305 2
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Mr. L. O. Mayer, Manager E
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f Nuclear Support Services Northern States Power Company 414 Nicollet Mall - 8th Floor Minneapolis, Minnesota 55401
Dear Mr. Mayer:
As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Commission has recently approved a revised final version of that proposed Section 50.48 and Appendix P. to 10 CFR 50 which will be published in the Federal Register shortly and will become effective 90 days af ter 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.
i 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 reviewed and approved by the NRC staff prior to implementation. To the extent that there are fire protection modifications such as this for your facility and the required additional information 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.
3 In the interim, pending the effective date of the revised rule, the Commission i'
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 on October 29, 1980 (45 FR 71569).
A copy. of the new rule is enclosed for your information. This rule will be superseded by the revised rule when it becomes effective.
3
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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.
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Sincerely, M
Darrell G. Eisenhut, Director Division of Licensing
Enclosure:
As stated cc w/ enclosure:
See next page E
Mr. L. O. Mayer Northern States Power Company cc: Gerald Charnoff, Esquire Mr. John C. Davidson, Chairman Shaw, Pittman, Potts and Trowbridge Goodhue County Board of Conaissioners 1800 M Street, N.W.
321 West Third Street 4
Washington, D. C.
20036 Red Wing, Minnesota 55066 Ms. Terry Hoffman Bernarh M. Cranum 5,
Executive Director Bureau of Indian Affairs, 001 Minnesota Pollution Control Agency 831 second Avenue South 1935 W. County Road B2 Minneapolis, Minnesota 55402 Roseville, Minnesota 55113 01 rector, Technical Assessment Division The E'nvironmental Conservation Library. Office of Radiation Progras (AW-459)
Minneapolis Public Library U. S. Environmental Protection Agency I
300 Nicollet Mall Crystal Mall 12 Minneapolis, Minnesota 55401 Arlington, Virginia 20460 i
Mr. F. P. Tierney, Plant Manager U. S. Environmental Protection Agency Prairie Island Nuclear Generating Plant Federal Activities Branch Northern States Power Company Region V Office ATTN:
EIS COORDINATOR Route 2 Welch, Minnesota 55089 230 South Dearborn Street Chicago, Illinois 60604 Joclyn F. Olson, esquire Special Assistant Attcrney General Chairman, Public Service Connission Minnesota Follution Control Agency of Wisconsin 1935 W. County Road B2 Hill Fanns State Office Building Roseville, Minnesota 55113 Madison, Wisconsin 53702 Robert L. Nybo, Jr., Chairman Minnesota-Wisconsin Boundary Area Commission 619 Second Street Hudson, Wisconsin 54016 U. S. Nuclear Regulatory Commission Resident Inspectors 0ffice
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Route f2, Box 500A Welch, Minnesota 55089 i
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r deral Register / Vol. 45. No. 211/ Wednesday October 29, 1980 / Rtries and Regulations N569 l
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pubbshed on October 1.1980. 45 FR performs the fo!!owmg specific earlier anticipated has been requind to
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l 64949. The corrected i 0S1 is pubbshed functions:
prepare a final rule on fire protection.
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Although the fi nal rule is near d
arrtcTsvt oATE:A pril 18,1980.
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completion, and willincorporate as i.9 implementation schedule different from U3 a
gen se rom marstR WFORW ATION CONTACT:
that in the proposed rule. it has not yet
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Febert P. De Young. Private Radio been pubbshed and in any event would 5
B:.reau. (202) 632-7175.
CM RMWORY n t be effective until 90 days after E
Aoontss: Federal Communications publicauon.
EE pg33g C-1on. Washmston. D.C. 20554.
Certain NRC licensees. however. are surrcr utwtARY mFoRu ATion:
O CFR Part 50 at present operating under heense
- .:=3 In the Matter of amendment of Part 0 conditions or technical specifications 2:0 l
to transfer authority for common carrier Fire Protection Schedules for thereto which include the November 1 7;
matters involving public coast stations Operating Nuclear Power Plants deadline or other dates which will n:
io the Prnare Radio Bureau.
precede the effective date of the final EE ACENev:U.S. Nuclear Regulatory rule. To the extent that these licensees E 5:
Re,seased. August 19.1980.
Commission.
have been unable to complete all of the E
- 1. In the Order in the above-captioned Action:Fmal rule.
fire protection measures to which these E'N catter. FCC 80-179 released April 7 deadlines apply, continued operation M
1 soc. Section 0 91 of the rules was SUMM ARY-The Nuclear Regulatof},
would violate the license conditions.
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amended to reflect a transfer of function Commission (NRC) is amendmg its from the Common Carner Bureau to the ngulations to tempo:anly suspend The violation would extend only until
!$is the final rule becomes effective, since 19=
I c p tmn at adio Bureau (45 FR 25399. April the e e atio schedule contained p
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- 2. Section 0 91 of the rules was also pla ts pending completion of its ongoing inconsistent license conditions.
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amended by Order. FCC 79-882 The Commission has determined.
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released March 7.1980. to reflect the based upon a review of the entire record Eli necessary because some NRC licensees teorganization of the Common Carrier in this rulemaking, that relief from these
$f5 am una t meet far protnuon Bureau. Thmugh inadvertence, our implementation deadhnes contamed in hcense conditions is appropriate 7h Onler of April 7. amended the language pending promulgation of the final rule on O
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of the aule prior to its hanns been bas found uat ftre protecuon measures fire protection applicable to all NRC 5 55 i
amended by our Order of March 7, wuo licensees. Extensive fire protection
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" #** d i"Ek"'" 'd I * * * "' b' '
I (45 FR 1619L March 13.1980).
measures have already been
! s't mplemented at all operating plants.The N
J.To correct this situation. Section a id a ety d
forcing certain li:ensees to shut down implementation schedule of the final EEj 031 is amended as set forth in the artached appendix. to amend the during the brief period between the rule will be uniform and comprehensive,
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ourrently effective language of the rule.
License condition deadlines and the and will apply to all operating plants y:-z+-
8 Federal Communications Commissior.
effectiseness of the final fire protection conta ed lice ions N 3EEE 7
(Sees 4. sci 4a stat, as amended, me. tre rule.
pubhc health and safety interest would 4r USC.154 ac31-tntcTivt o ATc: October 29.1980.
be served by forcing only those 5f
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- OR FuarurR iNFORMaTION CONTACT:
licensees unabIt to meet deadlines EE Secre m y.
William Shields. Office of Farcutive prec" ding the effectiveness of the final
~S Pa:t a cf Chapter ! of Title 47 of the legal Director. U S. Nuclear Regulatory rule to shut down for the brief interic 3:3 Code of Federal RcFulations is ' amended Comission. Washingten, D C. 20555.
To the contrary, the fire protection n [o))ow,.
phone 301-492-&96.
measures already implemented give phs in ! 0 91 the introductory text is SUPPLEME NTARY INF ORM ATION: On May reasonable a ssurance that all operating-g7 revised to read as follows:
29.1980. the Commission pubbshed in nuclear plants may continue to operate 77 the Federal Register (45 FR 36082) a safely even though the final rule will
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j 0.8 Functmns of the Bureau-Notice of Proposed Rulemaking entitled require additional fire protection F=cE:
ne Common Carner Bureau
- Fire Protection Program for Nuclear measures at many plants.
r==i develops, recommends and aciministers Plants Operating Prior to january 1.
The Administrative Procedure Act
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policies and programs for the regulation 1979." De proposed rule provided that provides that a rule may be effective E=2 of servien. facihties, rates and practices all fire protection modifications except upon publication when that rule " grants hy.7; of entitica (escluding public coast alternate or dedicated shutdown or recognizes an exception or relieves a
_ 75 s*ations in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)(11. This rule
~22 fi which furnish interstate or foreign implemented by Nm ember 1.198a, reheses certain NRC bcensees from W~
communi.woans service for hire-unless the Commission apprme an hcense conditions or technical E
w heth: r by wire. radio, cable or satelhte extension for Food cause. This deadhne specifications : hereto in regard to fire EE E facihtierand nf ancillary operations was also stated in the Commission's protection implementation deadlines.
555 relaiol t ' % brovisions or use of such May 27,1980 Memorandum and Order and will therefore be effective upon the
==4 sersi e.. U r Bureau also regulates the on the Union of Concemed Scientists date of publication in the Federal 51Z rates. terms, and conditions for cable Petition for Emergency and Remedial Register. Furthermore, as noted above, n..
teIrvision end pole attachmeats, where Action.11 NRC 707. 719 the proposed rule stated that extensions i
such a:t.nnents are not regulated by a Many of the comtnenters on the from the November 1. deadline would be
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state ud not provided by railroads or proposed rule conter.ad that the considered for good causc. Extensive 7'
FM '..oe.: tally--or cooperatively Nm ember 1 deadhne w as unachievable. public comment was received to the n.V.
on w utibues. The Dureau also Moremer.much more tune than was effect that the deadline was unreahstic j
m 71570' Federal Register / Vol. 45. No. 211 / Wednesday. 0:tober 29,1980 / Rules and Regulations M
E en i should be revised. Under,these
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circurnstances the Commission believes 5
that there is good cause for an extension n
of the license condition schedules
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pending effectiveness of the final rule on IEEE fire protection.
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Tce rule provides that all compliance
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dates contained in license conditions or
[n technical specifications for required fire protection measures are suspended pen:iing further action by the r==
Commission. As is clear from the above c==
discussion. that further a etion will be
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pro =u'gation of the final rule on fire rrciection.The Commission intends that i9 heansees affected by this rule should gg use best efforts to complete all required mea sures as soon as possible despite
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the suspe::sion of the deadhnes for this T
brief period.
P.rs: ant to the Atomic Energy Act of 1954, as amended, the Energy E5 Rao:7anl:ation Act of1974.as amended.
~5 and Se:tions 552 and 553 of Title 5 of the u==.
United States Code notice is hereby 55E~
ylven that the following amendment to
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Title 10. Chapter I. Code of Federal Regulations. Part 50. is published as a 3.iiE document subject to codification.
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PART 50-DOMESTIC LICENSING OF PRODUCTtON AND UTILIZATION
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FACIUTIES
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- 1. A new Section 50.48 is added to
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read as follows:
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{ 50 4s Fire protection schedules.
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To the extent that any facility's.
license co-ditions or technical
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spec!!icat'ons incorporate compliance dates f:r rr.odi0 cations necessary to
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provide fire protectio.: features
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pro;: sed by a licensee and accepted by i=====
the.'GO staff as satisfying the n._;
p cus!cns of Appendix A to Branch e--
Tech.ial Position BIP/APCSB 9.5-1
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and rece:ted in NRC staff Fire 5M, Protec; ion Safety Evaluation Reports issued prior to the effective date of this
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i93.9;9 rule. those dates are hereb}y suspended pending further action by t e pr..3 ;,.:
Con =issica.
(Sec. t:b. P.b.1.aw s3-ro3. 6s Stat. 948. Sec. 201 hi 1.aw 93-438. 88 Stat.1:42 (42 U.S C.
- N ' Ail 11 Ded at Washir.Eton.D C. this :rth day of
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0:::h::SW T:t de 'k: lear Regulatery Commission. '
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