ML19345C191
| ML19345C191 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 11/07/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Pilant J NEBRASKA PUBLIC POWER DISTRICT |
| References | |
| NUDOCS 8012040096 | |
| Download: ML19345C191 (6) | |
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Docket J. Heltemes, AE00 NRC PDR T. Ippolito Local POR S. Norris ORB Reading V. Rooney Docket No. 50-298 NRR Reading 0 ELD D. Eisenhut I&E (3)
R. Purple NSIC c:
T. Novak TERA r
5 R. Tedesco ACRS (16) g G. Lainas H
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9 Mr. J. M. P11 ant, Director ED C:
Licensing & Quality Assurance M
R Nebraska Public Power District E
27 sc P. O. Box 499 9
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Columbus, Nebraska 68601 w
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Dear Mr. P11 ant:
As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Comission 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 effective 90 days after publication.
This revised 10 CFR 50.48 will contain schedules for cocpletion 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 coupletion of modifications not covered by Appendix R by schedules specified in the revised rule or by the dates now specified as license conditions, whiche'ver is sooner, unless an extension or exenption is approved by NRC.
Some of the coupletion dates discussed in the SER for your facility may be associated with nodifications 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 inplementation. 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 inplementation requirement; consequently, conpletion 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 Comission has approved a new Section 50.48 of 10 CFR 50 suspending coupletion 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 mie will be superseded by the revised rule when it becomes effective.
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O NOV 7198C 2-In the near future, tie plan to contact you to identify specifically.
which fire protecticn features associated with your facility are covered by Appendix R and would thus be subject to one set of schedules, and which >te previously approved itcas which are covered by a different sei. of schethles.
Sincerely, Darrell E Eis,/
enhut, Director Division of Licensing
Enclosure:
As stated cc w/ enclosure:
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Mr. J. M. Pilant 2-November 7,1980 Nebraska Public Power District cc:
Mr. G. D. Watson, General Counsel Nebraska Public Power District P. O. Box 499 Columbus Nebraska 68601 Mr. Arthur C. Gehr, Attorney Snell & Wilmer
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3100 Valley Center Phoenix, Arizona 85073 Cooper Nuclear Station ATTN: Mr. L. Lessor Station Superintendent P. O. Box 98 Brownville. Nebraska 68321 Auburn Public Library 118 - 15th Street Auburn, Nebraska 68305 G
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~ Feieral Register / Vol. 45. No. *12 / Wednesday. October 29. 1980 / Rules anJ Regulatio=s 7238B 5
published on October 1. isen. 4s FR performs the fo!!owing s.pecific euller anticipated has been reqdred to I
E ses4s.ne corrected I 0311s pubushed fMaaa-below.
prepare a rmal rule on Are proteccian. -
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Although the Analrmle is aner i
g,racTwa patt Apr0 Is. Isso.
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comptedon, and wiuincorporela an i
ron rustwan swronuaTIoM COWraCT anae cose sm w impleraentaden schedule difere=1 rem E
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. Robert P.De Young. Private Ra&o that in the propO*9d rule. it has Eo! yet 5
been pub!Ished. 2d in any evust would E
Bunsu. (42) 612-7175.
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Aeonass: Federal Communicadons NpCt. EAR REGULATORY not be effective untu 90 days altar
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Commission. Washington.D.C.20550 QQMMtSSION pubH h.
E Certain NRClicensees.howewr.am 5
suret.zasserramT popomasATioac 1 0 CFR Part 50 j_
at present operating underlicenas g
la the Matter of amendment of Part 0 y constius or technical spem5catjans 5
to transfer authority for common carrier Fire Protection Schedules for thereto which include the Neveumer1 E
mattere involving public coast stadons Operating Nuclear Power Plants deadline or other dates whicia yr0 3
to the Private Radio Bureau.
asaucT:U.S. Nuclear Regulate:7 precede the efecdwrdate of the Saal i
E R*I'**** ^4"t is, sono.
Counsussion.
rule.To the extent thaMhese tia -
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have been unable to completiaDorthe 5
- 1. In the Order in the above. captioned ACTupe Final rule.
matter. FCC 80-179 released Apnl 7,
. fire protection measures to which these E
1940.Section 031 of the rules was sumasann The Nuckar Regulamry deadlines apply contmued operation amended to rt' lect a transfer of function Commission (NRC)is amending its would violate the license conditicas.
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. from the Common CarnerBureautcLthe. mguladgns 2 tmporardy susped ne violation would extend c.j =2:0 i
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.y Private Radio Bureau (45 FR:5399. April completion schedules for certain fire the finalrule becomes effective,slnce i
g34 protection features in operating riuclear the implementation schedule con:au:md E
- .Section 031 of the rules was also.
plants pending completion ofits ongoing in & Snel ule d supersede 5
- - meoded by Order. FCC 79.ae:.
Comprehesin En pmtecton incensinut license con &m E
The Commission has detarmined.
E eleased March 7.19aa, to reflect the rulemsJdng. Ns suspesion is.
... based upon a review of the entire ecord I
merganization of the Common Carrict -~
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license cons.aking. that relief f:oc these p
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__3creau. Through inadvertence. our tions le appropriate
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d Order of April 7. amended the language pending pr mulgation i the E=al:ule on E
d don C
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- cf the rule prior to its havmg been
.. amended by our Order of March 7.1980 has found that $m protection measures - - fire pr tecti n applicable to aC NRC E
M5 FR45191. March 111980).
already implemented give reasonable censees.F.xtqn Am pmtem g
3.To correct this situation. Section
. assurance of safety, and that no health measums an ana ybem g
OSIis amended as set forth in the and safety interest would be served by mented at an,opemWamsmae g
attached appendix. to amend the forcing certain licensees to shut down "I
E currently eHantive language of the rule.
during the bdef period between the 5
Ilease condition dudlinn ud 6e and will apply to all operatzg placis I
s Tederal e~ - "~tions Commissiaa.
._ effecuveness of the Saal fire protection,, [,f,"a 15ees.1.sc3.4e Stat as amended.1ons ios :
rule.
d in I conditions. N-
, NC.W. 3c3).
EFFacT!Va DATc October 29.1980.
.. public health and safety intemst would 5
Eam I.Tacanon.
be served by forcing only those E
Poe runTHan INFOnntATioN CO8f7ACT:
licensees unable to meet deadlfnes b
'Lv-William Shields. Office of F.xecutive preceding the efectiveness of the Snal E
Part 0 cf Chapter I of Tit!c 47 of the
!.ngal Director. U.S. Nuclear Regulatery mle to shut down for the b:ial5.nt-5 Code of FederalRegulations is amended Commission. Washington, D.C. =553.
To the contrary, the !!re proteccion 5:
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as followc phone 301492-4696.
measure; alreadyimplemented give In 1031 the introductory textis suretzwawTany empomusTione On May reasonable assurance that all operating E
revised to read as foDows:
29.1990, the Commission published In '
nuclear plants may continue to operate E
' the Federwl Regist:2 (45 FR 380s:) a
. safely even though thefinalrule wi"1
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1 o.9t Funstens of tru Bureau.
Notice of Proposed Rulemaking entitled require additional Are protection E
The Con =non Carrier Burosu
." Fire Protection Program for Nuclear measures at many planta.
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develops, recommends and administers Plants Operating Pnor to January 1.
De AdministrativeProceduru Act 5
poUcies and p.ograms for the regulation 1979."ne proposed rule provided that provides that a rule may be effective E
l of servi..es.!acilities, rates and practices all fire protection modifications except
. upon.poblica tion when tliat rule "gants of entities-fexcluding pub!!c coast altemate or dedicated shutdown er neognices an exception er relitms a EE uations in the maritime mobile service) capability would be required to be restric:fon." 5 U.S.C.553 d][1).9 uIs 5
which fur =sh interstate or foreign implemented by Novemberl.13aa.
relieves certain NRClicenseet
- E communications service for hire -
unless the Commission apprcve an
. !! cense conditions or technical
, EE whetherby wire. radio cable or satellite extension for good cause, This deadline -. specifications thereto in regard to 5
t facilities--ed of anciUnry operaticas was also stated in the Commission's protection implementation deseEinea.
Ei related to the provisions or use of such May':7.1980 Memorandum and Order and will therefore be effecove upac the E
services.Tha Bureau also regulates the on the Union of Concerned Scientists
-date of pub!Ication in the Fedesal E:
aies terms,and conditions for cable Petition for F.mergency and Remedial R*t ster.Turthermore, as noted abgen.
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television and pole attachmenta, where Action.11 NRC 707. 719.
the proposed rule stated that eme-w e rs
. such attach =re:xts are not regulated by a Many of the commenters en the from the November 1. deadline woc'd be IE stsie and not provided by railroads or preposed rule contended that the considered for good cause.T.xta=sm is sovernmentally-or cooperatively November 1 deadline was unschievable. public comment was received to the 55 oned utilities.The Sureau also Moreover.much more time than was effect that the deadline was unrealstic c:=
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7'1570
Tederal Registar / Vol. 45. No. :11/ Wednesd y, October :s.1980 / Rules and Regulations
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and should be revised.Under,these E
circumstances the *ammi==1a= believes e-r that there is good cause for sa extension
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of the license condition schedules
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pending eCectiveness of the Analrule on 5
fLiv protection.
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The rule provides that all compliance
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dates contained in license conditions or D
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technical specifications for required fire Sk i j
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EE' protection measures are suspended M
pending further action by the
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Coc: mission. As is clest from the above EE discussion that further action will be M
promulgation of the final rule os fire E=
protection.The Commissionintends that EE licensees aLcted by this rule should 5-use best sforts to complete all required 5
measures as soon as possible despite EE-E the suspension of the deadlines for this brief period.
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Pursuant to the Atomic Energy Act of EEE 5
1954 as amended. the Energy Reo.sanicadon Act of1974. as amended.
i_-i-and Sections $52 and 553 of Title 5 of the EEE United States Code, notice is hereby Ei riven that the following amendment to
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Title 10. Chapter !. Code of Federal
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Reguladons, part 50 is published as a 5[
docu.=ent subject to codi5 cation.
jg pART 50-DOMESTIC UCENS!NG OF N
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PRODUCTION AND UT1U:TATION
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FAC!! TTIES
- 1. A mew Section 50.44 is added to reed as follows:
{ so.4s rre rotection soneouses.
To the extent that any facility's.
IIcense conditions or technical sp;ci!! cations Incorporate compliance dates for modifications neceesary to praide !!re protection features proposed by a IIcensee and accepted by tb NRC staff as satisf ing the l
prmisions of Appendix A to Branch Ter.hnical Pesition 3TP/ APCS 3 9.5-1
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and reflected in NRC staff Fire Protection Safety Evaluation Reports
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!ssued prior to the effective date of this rule. those dates are hereby suspended pendi..g h:rther action by the Com=tssion.
(Sec. tsih. Pub. Law as-rnt, as Stat. Dat Sec.
=t. Pub. !.aw 93-438, as Stat.1:42 (42 U.S.C.
.=ttbl. ss4til Oated at Washington. D.C. this rth day of Cetoder tsoo j
For the Nuclear Regulatory Comunission.
Samuel C. Cs:k
,secre:.c.yolthe Canurietion.
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