ML19345C181

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Suspending Completion Dates for Fire Protection Mods,Effective Upon 801029 Publication in 45FR71569.Rule Will Be Superseded by Revised Rule When Effective

ML19345C181
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	11/07/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Rich Smith VERMONT YANKEE NUCLEAR POWER CORP.
References
NUDOCS 8012040079
Download: ML19345C181 (6)

Text

hb

.. - c j' pFi * " ' '

. 2 UIM Distribution:

Docket J. Heltemes, AEOD NRC PDR T. Ippolito Local POR S. Norris ORB Reading V. Rooney Docket No. 50-271 NRR Reading OELD D. Eisenhut I&E (3) 4 R. Purple NSIC i

3 T. Novak TERA g

R. Tedesco ACRS (16)

G. Lainas 2

J

{

j J. Roe Mr. Robert L. Smith 5

=c Licensing Engineer M

'C 3

Vermont Yankee Nuclear Power O

m e

Corporation 25 Research Drive Westboro, Massachusettrs 01581

Dear Mr. Smith:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1930. The Comission has recently approved a revised final version of that pr.oposed Secticn 50.48 and Appendix R to 10 CFR 50 which will be published in the Federal Register shortly and will beccme effective 90 days after publication. This revised 10 CFR 50.48 will contain schedules for cogletion 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 cogletion 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 exegtion is approved by NRC.

Some of the cogletion 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 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 iglementation requirement; consequently, cogletion of such items will be s;overned by the rchedules in the revised rule.

In the interim, pending the effective date of the revised rule, the Comission has approved a new Section 50.48 of 10 CFR 50 suspending cogletion dates for fire protection rodifications previously approved by the NRC staff.

This new section became effective upon publication in the Federal Register on October 2'!,1980 (45 FR 71569). A copy of the new mle is enclosed for your information. This rule will be superseded by the revised rule when it becomes effective.

%120'W O

i NOV 7 1980 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 whicn are covered by a different set of schecules.

Sincerely, 29

/r Darrell G. Eisenhut, Director Division of Licensing

Enclosure:

As stated cc w/ enclosure:

See next page omcc).. 0.RB. 12.. I g2

. ;,c.3040 [

sueauc)..VRp.o n ey;.k.f.

,.T.I ppoj.i..o..

./[.TN.o.ya.k.

.0Eisenbut.

on rc ).

II.lb l.80 11/j(,80 11/g/80.,

..l.1/ h.80...

cmamanomnc% ream shst mwrumrerre erwwnrweresax ->m>me

u

~

Mr. Robert L. Smith November 7,1980 cc:

Mr. W. F. Conway John R. Stanton, Director Vice President and Manager Radiation Control Agency of Operations Hazen Drive Vermont Yankee Nuclear Power Concord, New Hampsnire 03301 Corporation P. O. Box 157 John W. Stevens Vernon, Vermont 05602 Conservation Society of Southern Vermont Mr. Louis H. Heider, V.P.

P. O. Box 256 Vermont Yankee Nuclear Power Townshend, Vermont 05353 Corooration 25 Research Drive Dr. Mars Longley, Director Westboro, Massachusetts 01581 Occuoational & Radiological Health 10 Baldwin Street John A. Ritscher, Esouire Montpelier, Vermont 05602 Ropes & Gray 226 Franklin Street New England Coalition on Nuclear Boston, Massachusetts 02110 Pollution Hill and Dale Farm Laurie Burt West Hill - Faraway Road Assistant Attorney General Putney, Vermont 05346 Environmental Protection Division Attorney General's Office Public Service Board One Ashburton Place,19th Floor State of Vermont Boston, Massachusetts 02108 120 State Street Montpelier, Vermont 05602 Ronald J. Wilson 810 18th Street, N. W.

W. P. Murohy, Plant Superintendent Suite 802 Vennont Yankee Nuclear Power Washington, D. C.

20006 Corporation P. O. Box 157 Honorable M. Jerome Diamond Vernon, Vermont 05354 Attorney General State of Vermont David White 109 State Street Co-Director Pavilion Office Building Vermont Public Interest Montpelier, Vermont 05602 Reserach Group, Inc.

26 State Street Mr. J. E. Griffin, President Montoeiler, Vermont 05602 Vermont Yankee Nuclear Power Corocration Vermont Yankee Decommissioning 77 Grove Street Alliance Rutland, Vermont 05701 5 State Street Box 1117-Vermont Yankee Decommissioning Montpelier, Vermint 05602

~

Alliance 127 Main Street Brooks Memorial Library Bratilaboro, Vermont 05301 224 Main Street Brattleboro, Vermont 05301 e---

7

3' Mr. Robert L. Smith November 7,1980 cc:

Resident Inspector c/o U. S. NRC P. O. Box 176 Vernon, Vermont 05453 4

l i

)

l

.m....--

1.lj

• Federal Regialer / Vol. 45. No. 211 / Wednesday. October 29, 1980 / Rules anJ Regulations n5GB published on October 1.3900,45 FR performs the following specific urlier anticipated has been reqdmd to 64949.%e conected i 0.91is published functions:

l below.

prepare a Gnal rule on fire pmle: tion.

Althougn the finalrole is near

'l amenvs oats:Apri! 28. 3900.

J"D=" * "umsm ae*s g completion, and wiDincorporatean

('

FOR FURTHeR 80tFORMAT10N CONTACT ns.uuscoot sn m.

Implementation schedule diferet from l,

. Robert P. De Young. Private Radio that in the proposed rule.!! has 221 yet

't Bureau. (202) 632-7175.

been published andin any emtwould Acomess: Federal Communications Nyct. EAR REGULATORY not be effective unti190 days afte-I Commission. Washingt on. D.C. 20554.

MEN publicada..

.t Certain NRClicensees.however.are

~

suPet.EMENTART INFORMADOsc

' O CFR Part 50 ~ ' _

st present operating oderlicense In the Matter of amendment of Part o conditions or technical speciScatmos to transfer authority for common carrier Fire Protection Schedules for thereto which include the Noreasser 1 j

_ matters involving pubUc coast stations Operating Nuclear Power Plants deadline or other dates whida wC,

e to the Private Radio Bureau.

Answcn U.S. Nuclear Regulatory precede the efective date of theina!

Released: August 1s.1sso.

fhad== ton.

rule. To the extent thatthese lice = sees I

^

have been unable to comp lete aD of the 5

2 In the Orderin the above-captioned Acnom Final rule.

. - ~. - matter. FCC 80-179 relessed April 7

. fire protection measures to which these i

1980. Section 0.91 of the rules was sumuAnn The Nucim Regulatory dead!ines apply, contmued operation i

amended to reflect a transfer of function Commission (NRC)is amending its would violate the license conditims.

I i~.

from the Common CarrierBureau tcL the.. @adons to impararuy suspent The violation would extend o=ly = tc Private Radio Bureau (45 FR:5399. April completion schedules for certain fire the final rule becomes effective, s:sce E

~ ~ 15.1980).

Protection features in operating nuclear the irnplementation schedde cor amed E

1 Section 0.9% of the rules was also plants pending completion ofits ongoing in the final rule wul supersede 5

-cmended by Order. FCC 74481 Comprehensive fire protection inconsistent license conditions.

E

.g.he Commissin hu deters-M, E

released March 7. 2980, to reflect the 8 8"8E'. "e*

C licensus... based upon a review of the en: ire record h

reorganization of the Common Carrier '

n ma

. eat reae these E

- Bureau. Through inadvertence, our are unable to meet fire protection Order of April 7. amended the language implementation deaclues contained in Uce m cm) ons is 8ppspriate g

cf the rule prior to its having been licensed conditions.The Commission pen ing promulgation of the fi=al:ule on fire pr tect2on applicable to aC NEC b

P u

s-

_ameded by our Order of March 7.1980 E

licensees. Extensive fire protectiac

.g a

d d

a cr (45 N6191. March 13.1980).

3.To correct thfs situation.Section

- assurance of safety, and that no health measures have already been g

m ent at aD oper M aczme o.911s amended as set forth in the and safety interest would be served by attached appendix. to amend the forcing certain licensees to shut down impimentadonscheduleof theB al g

E

.cu.rently effective language of the rule.

dudng the b:ief period between th rule will be umform and co=pabensive, g

license condition deadlines and the and wiH appy to aH operaths pla:ts 5

Federal Communications Conuaission.

., effectiveness of the final fire protection g

s isecs.4.scs.as sist as amended.soas tos::

rule.

ta dM co di N

4r U.S.C.134. 3o31 public health and safety Interest would 5

EFFECTIVE DATr.: October 29.1980.

be served by forc'ag only those 5

N'm J.Tricanen.

A

1. ~

FOR FuRTHER INFORMATION c0WrACTt licensees unable to meef deadlines b

m-William Shields. Office of Executive preceding the efectiveness of theinal E

Part 0 of Chapter I of Tit}c 47 of the Legal Director. U.S. Nuclear Regulatory rule to shut down for the brief intein.

E Code of Federal Regulations is ' amended Commission. Washington, D.C. 20555.

To the contrary, the fire pro:ec::fon i

as follows:

phone 301 492-8696.

measures already implemented gin

E in 10.91 the introductory textis suppt.emtwrARY twroRuArioec On May reasonable assuranca that all opeating E

revised to read as follows:

29.1980, the Commission published in

• nuclear plants may continue to opeats EE I c.st Funcuene of trw surema-the Federal Register (45 FR 360al) a

. safely even though the finalrule #1 EE Notice of Proposed Rulemaking entitled require additional fire protect an E

The Common Carrier Bureau

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

g develops, recommends and administers Plants Operating Prior to January 1 The Admuustrative Procedure A:t EE policies and prog ams for the regulation 1979?'Ibe proposed rule provided that provides that a rule may be effective 5

cf services, faculties, rates and practices au fire protection modifications except

. upon. publication when tlist rule "g ants E:

cf r6ntities texcluding public coast alternate or dedicated shutd wn or recognizes an exception c rulieves a EE st:tions in the maritime mobue service) capability would be required to be restriction? 5 U.S.C. 553(d)(:).This rule E_E which furnish interstate or foreign implemented by November 1.1980 relieves certain NRC licensees fro::

.-:5 communications service forhire-

.unless the Commission approve an license conditions or technim!

EE '

whether by wire, radio, cable or satellite extension 'or good cause. This deadline : specifications thereto 55 ficilities-and of ancillary operations was also stated in the Commission's protection implementation deadhnen.

EE related to the provisions or use of such May:7.1980 Memorandum and Order and wiH therefore be effecdn apa:the

-5 services.The Bursaa also regulates the on the Union of Concerned Scientists

--date of publication in the Federal EE rat:2. terms,and conditions for cable Petition for Emergency and Remedial Register.7urthermore, as noted abcee.

5 tehvision and pole attachmsats, where Action.1: NRC 707.719.

the proposed rule stated that extenacos

.m.ch attachmemrare not regulated by a Many of the commenters on the from the November 1.deadDne wedd be 8E

' state and not provided by railroads or proposed rule contended that tae considered for good cause.Exte= sin I=:

governmentally or cooperatively November 1 dead!!ne was unschieva ble. public comment was received to the E

ewngutilities.TheBureau also Moreover.much more time than was effect that the deadline was unreabstic D

~"D H W Hu a

E:

b l

5 cc V.

- (u

.~

j'

.=

=

715f0 Nederal Register / Vol. 45. No. 211 / Wednesday, October 29,1980 / Riis and Regulations E

E

=

and should be revised.Under these E

circumstances the Comrnissio' believes E,

n that there is good cause for an extension E'

~

of the license condition schedules 5

pending efectiveness of the Analrule on E

Sre protecuan.

El Tne rule provides that all compliance

~.

E dat.s contained in license conditions or E

technica! specifications for required Sre E

protection measures are suspended

,E pending further 5 etion by the E

Cozc=tission. As is clear from the above

!E discussion, that further action will be EE promulgation of the Anal rule on Sre 5

protection.The Commission latends that iE beensees afected by this rule should M

use best e5crts to complete all required c=$

measures as soon as possible despite

~

E:

th2 suspension of the deadlines for this brid period.

EE E:

Pursuant to the Atomic Ene:gy Act of 1954,as amended, the Energy Rurganization Act of 2s74, as amended.

Es and Sections 552 and $13 of Title 5 of the EE United States Code. notice is hereby 5

given that the foDowing amendment to

!==

Title 10. ChapterI. Code of Federal EE Regulations. Part 50. is published as a

=5 Joc.::n_st subject to codi5 cation.

EE

=-

pART 50-DOMESTIC UCENGING OF 53

?!!ODUOT10N AND UT!UZATION EiE N.CluTIES 5

=

1. A new Section 50.48 is added to 5E

.s sd as icDows:

Q j.3.ta Fu e protection schedules.

To the extent that a=y facility's.

ns conditions or technical

, :c!h -atiens incorporate compliance tes r r sdift:ations necessary to arovide Ere protection features

==-

stoposed by a, licensee and accepted by Ua NRC staf as satisfying the

.ir:usions cf Appendix A to Branch T:r.hni 21 P:sition BTP/APCSB 9.5-1

~

n 1.eflected in NRC staff Fire

.'S otectics Safety. Evaluation Reports

..usd ;-ior to the effective date of this a '

. Gose dates are hereby suspended m-

di-d.:r her action by the

% =issic:.

. 2etE Nh. '.aw so-7:n. es stat. s4a: sec.

c N L !.aw s3-433.as 50t. :4: [42 U.S.C.

.t(bl. mtD

1sted at %"ashington.D.C. this : th day of

^: tsaa

• ie No: lear Regulatory Commission.

nlC.Q.3,

~:::7 of:he Commission.

-=.m r u a.m.amtsse -1 7-1:coe ries w Du

..a.eena

-n-

~