ML19345C186

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Suspending Completion Dates for Fire Protection Mods,Effective Upon 801029 Publication in 45FR71569.Rule Will Be Superseded by Revised Rule When Effective

ML19345C186
Person / Time
Site:	FitzPatrick
Issue date:	11/07/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Berry G POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
NUDOCS 8012040091
Download: ML19345C186 (6)

Text

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MOV 7 1980 Docket J. Heltemes AE00 NRC PDR T. Ippolito Local PDR S. Norris ORB Reading P. Polk Docket No. 50-333 NRR Reading OELD D. Eisenhut I&E (3) l l

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'P T.5 Mr. George T. Berry U

'.9 President and Chief Operating 9

Officer 5

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Power Authority of. the State A

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'N of New York 10 Columbus Circle New Yort. New Yort 10019

Dear Mr. Berry:

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 R to 10 CFR 50 which will be published in the Federal Register shortly and will become I

effective 90 days after publication. This revised 10 CFR 50.48 will contain schedules for cogletion of all fire protection edifications.

One set of schedules will be applicable to features covered by Appendix R.

A similar set of scheeles will be applicable to all other fire protection modifications that have been approved by the NRC staff in a staff safety evaluation mport. This latter set of schedules will require cogletion of modifications not covered by Appendix R by schedules specified in the revised rfe or by the dates now specified as license conditions, whichever is sooner, unless an extension or exegtion is approved by NRC.

Som of the cogletion dates discussed in the SER for your facility may be associated with modifications for which the NRC staff required additional inforation, 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 f acility and the required additional information has not yet been approved by the staff as evidenced in a staff safety evaluation report, there is no pmsent iglementation requirenant; consequently, cogletion 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 cogletion dates for fire protection modifications pmviously 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 mle is enclosed for your information. This rule will be superseded by the revised rule when it becomes effective.

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4 NOV 7N 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 approsed items which are covered by a different set of schedules.

Sincerely, b ]

Darrell G. Elsanhut, Director Division of Licensing

Enclosure:

As stated cc w/ enclosure:

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Mr. George T. Berry November 7,1980 CC*

Mr. Charles M. Pratt Assistant General Counsel Power Authority of the State of New York 10 Columbus Circle New York, New York 10019 Mr. J. Phillip Bayne Senior Vice President -

Nuclear Generation Power Authority of the State of New York 10 Columbus Circle New York, New York 10019 Mr. Raymond J. Pasternak Resident Manager James A. FitzPatrick Nuclear Power Plant P. O. Box 41 Lycoming, New York 13093 Director, Technical Development Programs State of New York Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 1

Geor'ge M. Wilverding Manager-Nuclear Licensing 10 Columbus Circle New York, New York 10019 State University College at Oswego Penfield Library - Documents Oswego, New York 13126

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• Feieral Register / Vo645. No. 2n / Wednesday. October 29. 1980 / Ruias anJ Regulatio=s 725a3 pobushed on October 1. isen. 45 FR performs the following spectile earlier anticipated has beso required to seeds.N. corrected I art is M"-M fonctione:

below.

prepare a Baal rule en Are praesedan.

Although the Analrule is aser i

arrucms sATs:Apr0 28,1sen.

8P' 8== = = r"=d *** ** =t completion, and willines peratesa rom rum 8R INPomesATioW coWTacT:

eume sees ww.ei.e implementation schedule diferse: from Robert P. De Young. Private Radio that in the proposed rule.it has ast yet Bureau. (202) 832-7275.

hen published andin any even:would N

not be e#ecun undl 90 days afta-Anoasss: Federal Communicstions

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Comunission. Washington. D.C. 20554.

pnblication. -

h Certain NRC Ucensees.boweeuc.a.=e

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suppi.maastraar supomasAftose:

o CFR Part 50 ~'_

et present operating under hcanse I

to transfer authority for common camerIn the Matter of==-ad=-at of Part o y constions or technical speciScanoes pire Protection Sefwelules for eemto wMch inonde the Novemmer1 i

matters involving puhuc coast stations Operating Nuclear Power Plants deadline or other dates which wc,

. m & Pnnte Rado Burses.

Assucv:U.S. Nuclear Regulatot7 precede the efectivedate of the Anal 3*isases Ausset 2s. me.

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rule.To the extent thaMbese L-====

have been unable to compista aD of'the 2.In b Orderin & above captioned acTiose Final rule.

marter.FCC a0-179 released Apnl 7

. Sre protecdon measures to winch these 29ao. Section 0.92 of the rules was suunaann m Nuclear Regulamry desdlines apply. cootmoed opera:fon amended to reflect a transfer of function adulon Ala amenensits would violate the license conditicas,

. from the Common Carrier Bureau taahe - reguladons to temporartly suspend-N viohtion would extend a=ly stil Pdvate Radio Bureau (45 FR 25399. April compledon schedules for certain Are 6 Enalrule kcomes eEm m protection features in operating nuclear the implementation schedule - wd E 2sa$

2.Secdon o.91 d ee rules was also.

plants pending completion ofits ongoing b b Gnal rule wiH upuwde

-cmended by Order. FCC 79-as2 comprehensive Areprotection inconsistent license ~aha _-

rulessed March 7.1980, to r Sect the

.mlemakingEs suspusion is

& Comnissia W deed I

... band upon a review of the en:fre acord recrpnization of the ra-"- Carner -

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emakmg. eat r Ed &. ease

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- Bureau. Through inadvertence. our ction Order of Apru 7. amended the W7 impleaudon desdines conmined 6 license conditions is approprate cf the rule prior to its having been Ucensed conditions.The Commission pen ng pmmhaum M 4: Analmle on

.amanded by our Order ofMarch 7.2sso has found that Art protecdon measures. - Art p*St*ction applicable to aC NRC i

. (tsms192. March 23.2se4 already implemented give reasonable Heensees.Extensin Am palacman j

iTo correct eis simation.Sec6on assurance of safety and that no health sneamm han already bun o.s1.is amended as set fore in the and safety interest would be served by impimenwd at an opersdag plams.The j

attached appendix. to amend the forcing certain licensen to shut down implesnatadon schedule d he 5 cal g

currently eSecove language of the rule.

dunas se bndpaiod kwon se rule win be uniform and com_._.__.

t license condition deadhnes and the and wGl apply to an operating pla:ts i

Federal Caminunications Pa==a==na=

, efectiveness of the final 5re protection

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isees. 4.act. as sist., as ame Jed. 2ces sont rule.

ed con &

N c U.S.C. m.aosk appuc m s oATE: October 29.1980.

.. public health and safety interest would I

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be served by forcing only those i*

ron runrwen inroemariow cowraer:

licensus unable to mwtw-=d%-

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Wullam Shields. Office of Executive preceding the efectiveness of :he *nal E

Part o of Chapter ! of Title 47 of the 1431 Director. U.S. Nuclear Regulatory rule to shut down for the briaf intcim.

IE Code of Federal Regulations is ~ amended Commission. Washington D.C.20553 To the contrary, the fire proteemor.

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as fonown phone 301-492-480L measures already impl====W give E

la i o.fi the introductory tex 11s suret.ame Any seronasATsoec On May reasonable assurance that aH operating 5

revised to read as fonown 29.1980, tl. Commssion published in '

nuclear plants may continue to oprate E

f c.st' runseens et the sureau.

' the Federal Register (45 FR 300s2) a

. safely even though the Analrule w 1 E

Notice of Proposed Rulemakmg entitled require additional fire protection ii

% Common Carrier Bareen

.7 ire Prosecuan Program for Nuclear measures at many plants.

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develops.reea==-ads and admimatere Plants Opersting Pnor to January 2.

h ad;rinistrative Procedure Am 5

l policies and programs for the regulation 1979."h proposed rule provided that provides that a rule may be afectm E

cf services facilities. rates and practices aH fire protection modifications except af entitier(excluding public coast alternate or dediceted shutdown

. upon. publication when tlist rule g ants 5

stations in the maritime mobile service) capability would be required to be or recogni=es an exception er reliens a E

restriction." 5 U.S.C. 553(d)(2).This rule E

which farmsh interstate or foreign implemented by November 2.2980 relieves certain NRClicensees from

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communications service for hire-

.unless the Casuaission approve an whetherby wirs. radio, cable or satalute extension for good esase This daadnae.~ _ license conditions or techmsal"E specifications thereto in regard to.are 5

frcilities-and of anci!!ary operations was also stated in the Commission's protection implementation deadlmas.

!E related to thsprovisions or use of such May'27,2sso Memoranden and Order and wGl therefore be effecthe upcc the 5

services. h.Bureen also regulates the on the Union of Concerned Scientists

-date of publication in b Fedea!

!E retes, terms,and conditions for cable petition for Emergency and Remedial Register.7urthermore, as noted abeve.

25 Idevision and pole attachments, where Action. I2 NRC 707.719.

the

.y.r d rule stated that extenmens

'IE m.sh.ettaciuneum are not regulated by a Many of the commenters on the from the November 1. deadline wodd be

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state and not i.. 4ded by railroeds or proposed rule contended that the considered for good cause.Exta=srm severnmentally--or cooperatively November 1 desdline was unschievable. public====at was received to the

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swted utilities.& Bureau aise Moreover.much more time than was e5ect that the deadline was unrealstic IEb i _.i _, m

735f0 Moderal Register / Vol 45. No. 211 / Wednesday. October 2s.1980 / Rules and Regulations

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5 and should te revised.Under*these E

circumstances the *a==i=='- = boueves E

r that there is good cause for sa extension fi of the license condition schedules E

pending e5ectiveness of the Saalrule on E

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fire protecties.

E The rule provides that a!! comp!!ance E

dates contained in licensa conditions or E

technical specifications for required fire 5

protection measures are suspended E

pending further action by the E

Comanssion. As is clear from the above E

discussion, that further action wiB be

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promulgation of the final rule on fire E

protection.The *--=6..iaa latends that E

r licensees aCected by this rule abould g

use best efforts to complete au tequirmt

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measures as soon as posalble despite E

the suspension of the deadlines for this

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brief period.

EE Pursuant to the Atomic Energy Act of EE 19% as amended, the Energy EE Reortasization Act of1974. as amended.

E and Sections 55: and 553 of Title 5 of the EE

' United States Code, notice is hereby 5

fiven that the following===ad=ent to

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TIlle 10. ChapterI. Code of Federal EE Regulations. Part so, is published as a

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document subject to codi5 cation.

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PART 50--DOMESTIC UCENSING OF EE FRCDUCTION AND UT!!.!ZATION EEE FAC!UTIES 5@

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1. A new Section 50.44 is added to EEE read as follows

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I3048 Firmswetion **h'*8*s-EEE To the extent that any facility's.

liceue conditions or technical

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specifications incorporate compliance dates for modifications necessary to prodde are protection feetures proposed by a. licensee and accepted by the NRC staN as satisfying the

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prousiens of Appendix A to Branch Ter.Enical Position BTP/APCSB 9.5.-1

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and reflected in NRC staff Fire Protection Safety Evaluation Reports

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issued prior to the effective date of this rule those dates are hereby suspended pending further action by the 1

Com=ission.

(Sec. leib. Puh. Law as-res. es Stat. see: Sec.

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=c*; Pct. !.aw s3-43a. as Stat.1*42 (42 U.S.C.

= t(bl. wetli i

Ds ted at Washington. D.C. this :rth day of Octob.* 1800 For tse Nuclear Regulatory " u

.4annuel C. Chilk.

.Secre:=y of tite Comsussaan.

tru ow, m.aanes rund m san ael asa.smo cose rose.ews

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