ML19345C145

Forwards Interim 10CFR50.48 Suspending Completion Dates for Fire Protection Mods,Effective Upon 801029 Publication in 45FR71569.Rule Will Be Superseded by Revised Rule When Effective

ML19345C145
Person / Time
Site:	Dresden, Quad Cities
Issue date:	11/07/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Abel J COMMONWEALTH EDISON CO.
References
NUDOCS 8012040010
Download: ML19345C145 (5)

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, w-p, NOV 7 1980 Didribution

@ cket J. Heitemes, AE00 NRC PDR T. Ippolito Local PDR S. Norris ORB Reading R. Bevan

- M Docket Nos. 50-254 NRR Reading OELD 3

50-265-D. Eisenhut I&E (3)

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M and 50-249 R. Purple NSIC 2

i T. Novak TERA

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R. Tedesco ACRS (16)

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Mr. J. S. Abel 9trcctor of Nuclear Licensing 0;

g Ccmonwealth Edison Co@any

p. O. 3ax 767 Chicago, Illinois 60690

Dear Mr. Abel:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Cocmission has recently approved a revised final version of that proposed Section 50.43 and Appenoix R to 10 CFR a0 which will be published in the Federal Register shortly and will become affective 90 days after publication.

This revised 10 CFR 50.48 will contain scheaules for co@letion of all fire protection ;:odifications.

One sat of schedules will be applicable to feature.< covered by Appendix R.

A similar set of schedules will be applicable to ai; 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 co@letion of modifications not covered by Appendix R:by schedules specified in the revised rule or by the. dates now specified as license conditions, wnicnever is sooner, unless an extension or exe@ tion is approved by NRC.

Some of the co@letion 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 iglementation. To the extent that there arr, fire protection modifications such as this for your f acility and the required additional information has not yet been approved by the staff as evidenced in a staff safety evaluation repcrt, there is no present innlementation requirement; consequently, co@letion of such itam will be govermed by the schedules in the revised rule.

In the interiin, pending the effective date of the revised rule, the Comission has acoroved a new Section 50.43 of 10 CFR 50 suspending co@letion dates for fire protection mdifications previously approved by the NRC staff.

This new section became effective upois publication in the Fadaral Registar on October 29, 1980 (45 FR 71569). A copy of the new rule is enclosau for your information. This rule will be superseded by the revised rule when it becomes effective.

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lt0V 7 1980 In the near future, we plan to contact you to identify specifically whicn fire protection features associated with your facility are covered by Appendix R and dould thus be suoject to one set of schedules, and wnich are previously approved itec:s which are covered by a different set of schedules.

Sincerely,

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C/ Darrell G. Eisenhut, Director lj Division of Licensing

Enclosure:

As stated cc w/ enclosure:

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Hr. J. S. Abel Commonwealth Edison Compcny November 7, 1980 cc:

Mr. D. R. Stichnoth U. S. Nuclear Regulatory Commission President Resident Inspector's Office Iowa-Illinois Gas and Dresden Station Electric Company Rural Route #1 206 East Second Avenue Morris, Illinois 60450 Davenport, Iowa 52801 John F. Wol f, Esquire Mr. John W. Rowe 3409 Shepherd Street Isham, Lincoln A Beale Chevy Chase, Maryland 20015 Counselors at Law One First National Plaza, 42nd Floor Dr. Linda W. Little Chicago, Illinois 60603 500 Hermitage Drive Raleigh, North Carolina 27612 Mr. Nick Xalivianakas Plant Superintendent -

Dr. Forrest J. Remick Quad Cities Nuclear Power Station 305 East Hamilton Avenue 22710 - 206th Avenue - North State College, Pennsylvania 16801 Cordova, Illinois 61242 Moline Public Library 504 - 17th Street Moline, Illinois 61255 Susan N. Sekuler Assistant Attorney General Environmental Control Division 188 W. Randolph Street Suite 2315 Chicago, Illinois 60601 Mr. N. Chrissotimos, Inspector U. S. Nuclear Regulatory Commission Box 756 Bettendorf. Iowa 52722 Mr. B. B. Stephenson Plant Superintendent Dresden Nuclear Power Station Rural Route #1 Morris, Illinois 60450 Morris Public Library 604 Liberty Street Morris, Illinois 60451

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• Federal Reghter] Vol. 45. No. 221 / Wednesday. October 29. i980 / R.r.rs anJ Regulatio=s 715a3 i

published on October 1.1se0, as FR performs the following speedic 94949. De corrected i 0.91 is published functiorm earlier andcipated has been regsfred to below.

prepare a final rule on Am protectima.

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Although the final rule is meer smems oats: April 18,1980.

.yeom manred - ms I completion, and willinco.poratean rom PVerrM8a promasaftow coeffact anaams come om.me implementation schedule diferet from l

Robert P.De Young. Private Radio that in the proposed rule.it has at yet Bureau. (202) 832-7175.

been published and in any event wondd i

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not be effective untG 90 days altar Aeonsss: Federal Communications Commission. Washington. D.C. 20554.

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publication.

Certain NRClicensees.bowever. are suret.zassutany tosposasaT100C

' O CPR Part 50 '

at present operating under license la the Matter of amendment of Part 0 V conditions or technical speci5catmos to transfer authority for common carrier Fire Protection Scheduies for thereto which include the Novemaer1 matters lavolving public coast stations Operating Nuclear Power Plants deadline or other dates which wi2,

to the Private Radio Bureau.

Aossecv:U.S. Nedear Regulatory

[ o'the Reiessed: August 13. 28e0.

Commission.

en th han been unable to complete aD ofb 5

1. In the Order in the above-captioned Actioec Final rule.

. - matta.r. FCC 80-179 released April 7 Are protection measures to which these i

19a0. Section 0.91 of the rules was suesassaT:The Nuclear Regulatory deadlines apply, contmued operation i

2. amended to reflect a transfer of funcdon Camission 'NRC)is amending its would violate the license conditi=s.

I from se Common Carrier Bureau to the - agulanons to tmporardy suspend.

The violation would extend ccjy =tc i

i Private Radio Bureau (45 m5399, April Completion schedules for certain fire the final rule becomes effective, cce i

15.1980).

proucdon featuns in operaung nuclear the implementadon schedde con:almed E

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2. Section 0.91 of the rules was also planta pendirg completion ofits ongoing in the final rule wiU supersede 5

amended by Order. FCC 79.es2.

comprehesin,An proucuan inconsistent license conditions.

E released March 7,190C. to resect the tu making.32s suspesion ts

%e Commission has detart=:na!.

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. based upon a review of the ec 're record E

merganization of the Common Camer -

s me C ensus.

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in 61s rulemaking. that relief 2 oc these s

- Bureau. Through inadunuca. our l

Order of April 7. amended the leguage implementation deadlines contained in I' 'PP"P 5!

of the rule prior to its having beau licensed conditions. The Commission peding pr mulgation of the f!=alrule on

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- fire protection applicable to aC NRC "t

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.. amended by our Order ofMarch 7.1980

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licensees.Extensin fire protecucc 5_

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a (45 ms191. March 23.1980).

3.To cornet this situation.Section

. assurance of safety, and that no health measms an a rea y bem 0.9 tis amended as set forth in the and safety intmst would be served by menud at aD opmung Wane g

attached appendix. to amend the forema certain licensees to shut down mplectauon schedule of he aml g

3 cunutly eHective language of the rule.

during b brief period between the rule will be uniform and comprehmsfve, g

license condition deadlines and the and will apply to aH operstmg pla:1s Fede e1 Communications Commash

, efectiveness of the final fire protection ir (

Q 55 ts.cs. 4. act. +s siat as amended, sons, tom:; rule.

co d2 4r U.S.C. m. saal-blic health and safety interest =ould 5

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wh J.Tricanos, arrectivs oats: October 29,1980.

served by forcing only those

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rom runThen twroansAtiose coortacT:

licensees unable to meettiend ines 5

WiHism Shields. Office of Executive part 0 of Chapter I of Tide 47 of the legal Director. U.S. Nuc!est Regulatory preceding the effectiseness of the."na!

EE I rule to shut down for the brief intenze.

5i Coce of Federal Regulations is' amended Commission. Washington. D.C. 20555.

To the contrary, the fire protec::io:

E as follows.

paone 301-492-4696.

4 measures disady implomamad, give In 10.91 the introductory text is sumpt.saserrany iseroansaTN*:On May reasonable assurance that an operating Ei

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revised to read as foBows:

25,1980, the Commission published J-auclear plants may continue to operata

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f c.st Punevens W sw sweau.

the Federal Register (45 FR 36082) a

-safely even though the Saalrule w:1

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Notice of Proposed Rulemaking entitled require additional fire protection 5

The Common Carrier Bureen

."'"2re Protection Program for Nuclear measures at many plants.

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dewicps. recommends and adnuaisters Plants Operating Prior to January 1.

The Adnuaistrative Procedure Act 5

polic:es and programs for the regulation 1979."De pro,,,,.ed rule provided that provides that a rule may be eEacthe 5

l of services. facilities, rates and practices au fire protection modifications except

. upon.poblication when that rule "srasts EE:

of entities fexcluding public coast alternate or dedicated shutdown 1

or recogmzes an exception er: slims a EEE stations in the maritime mobile service) capability would be required to be restriction " 5 U.S.C. 553(d)(1). "'his ruin 5

which fu=rish interstate or foreign implemented by November 1.1980, relieves certain NRClicensees.t on

=:5 communications service forhire-unless the Commission approve en

..lleense conditions or techacal

. EEE whetherby wire. radio, cable or sateHite extension for good cause. This deadline facilities--and of ancillary operations was also stated 'n the Commission's specifications thereto in regard to f!re E

related to the provisions or use of such May'27.Iseo Memorandum and Order protection implementation deadhnen.

EEE and will therefore be effective upo-the smices.De Bureau also regulates the on the Union of Concerned Scientists

--date of publication it..he Fademl EEE

== i rates. terms.and conditions for cable Petition for Emergency and Remedial Register. Furthermore. as noted abcee.

E te:evision and pole attachments, where Action.11 NRC 707.719.

i the proposed rule stated that scienmaas IEEE sue.5 attacamenta are noi regulated by a Many of the commenters on the from the November 1.deadlme woid be E

. state and not provided by railroads y proposed rule contended that the considered for good cause.Extesne 51 sovernmentally-or cooperative' f.

omTied utilities. no Bureau also ~

November 1 desd!!ng was unschievable. public comunent was received to the EEEE Moreover.much more time than was efect that the deadline was unrealstu:

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g 71510 poderal Register / Vol. 45. No. :11/ Wednesday October 29.1980 / Rtdes and Regulations

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Et and should be revised. Under'n believes these 5:

E ctrcumstances the Commissio that there is good cause for an extension 5

of the !! cense goodition schedules

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pending effectiveness of the finalrule on E

5:e protection.

fD Of)hI7D'l'3F EEE De rule provides that all compliance E

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dates contained ia license conditions or i

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technical speci!Ications for required fire EEi.

protection measures are suspended EE=

pending further action by the

_EEE Commission. As is clear from the above EEE discussion, thet further aetion will be EE:

promulgation of the final rule on fire

_!EEi protection.The Commission intends that EEE licassees af.cted by this rule should M5E use best eforts to complete all required

. :-i measures as sooo as possible despite

T f._- 2" the suspension d Ae deadlines for this brief period.

Purnant to the Atomic Energy Act of 19M. as emended, the Energy

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Reorganination Act of1974. as amended.

and Sections 552 and 533 of Title 5 of the Unitad States Code. notice is hereby p_='

given that the fo!! awing amendroent to Title 10. Chapter!. Code of Federal

~Z-Reguladons. Part 50. is published as a document subject to codi5 cation.

E=5i PART SC-:OMESTIC LICENSING OF FRODUCT!ON AND UTIUZATION 0y FAC:UTIES

1. A new Sectica 50.48 is added to rsad as follows i50.48 Fire protectiert schedulee.

To the extent dat any faciliry's.

license conditions or technical

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speci!!catiens incorporate compliance dates fer m=difications necessary to prodde fire protection features prepcsed by a licensee and accepted by the NRC staf as satisfying the prodstens cf Appendix A to Branch Technical Pesition BTP/APCSB 9.5-1 5:F :

and reflected in NRC staff Fire Protection Safety Evaluation Reports issued priorto the effective date of this

-Z rule. those dates are hereby suspended

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pending further action by the g u 25; Com: insicc.

(Sec. telb. Pd. :.aw 83-r33. es Stat. 944: Sec.

21. P:5. Iaw S3-438. as 50t.1:42 (42 U.S.C.

• =t(bl. 3641])

Dated at Washicaton.D.C. this..th day of October 1980

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For the Ncdear Regulatory Casumasion.

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Samuel C. CGr.

Secre:c.y of:he Ca.wrussion.

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