ML19345C258
| ML19345C258 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 11/17/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Abel J COMMONWEALTH EDISON CO. |
| References | |
| 800117, NUDOCS 8012040248 | |
| Download: ML19345C258 (5) | |
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UNITED STATES e
g NUCLEAR REGULATORY COMMISSION y
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WASHINGTON, D. C. 20555 o\\..v /
November 17, 1980 m
g Occket Nos. 50-295 and 50-304 4
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!'r. J. S. Abel E
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Director of Nuclear Licensing Commonwealth Edison Ccmpany post' Office Box 767 Chicago, Isinois 60690
Dear Mr. Abel:
As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been rending since May 1980.
The Commission has recently approved a revised final version of that prooosed 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 50.43 will contain schedules for completion of all fire protection modifications.
One set of schedules will be applicable to ft:atures covered by Appendix R.
A 'similar set of schedules will be applicable to all other fire protection odifications 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 cresent implementation requirement; consequently, completion 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 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.
80120408 N g
- Mr. J. S.. Abel Commonwealth Edison Company November 17, 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 ?. 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.
l Sincerely, barrel G.
isennut, Director Division of Licensing
Enclosure:
As stated i
cc: w/ enclosure:
See next page a
1
l Mr. J. S. Ab'el Commonwealth Edison Company. November 17, 1980-
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i ec: Robert J. Vollen,' Esquire 109 North Dearborn Street-Chicago, Illinois 60602 Dr. Cecil Lue-Hing
-Director'of Research and Development Metropolitan Sanitary District of Greater Chicago 100 East Erie Street -
Chicago, Illinois 60611
' Zion-Benton Public Library District
~ 2600 Emmaus Avenue Zion, Illinois 60099 Mr. Phillip P. ' Steptoe -
Isham, Lincoln'and Beale Counselors at Law One First National Plaza 42nd F'ocr Chicago, Illinois 60603 Susan N..Sekuler, Escuire Assistant At crney General
. Environmental. Control Division 188 West Randolph Street, Suite 2315 Chicago, Illinois 60601 Dr. Linda W. Little.
Research Triangle Institute P. O. Box 1219a Research Triangle Park, N. C.
27709 Dr. Forrest J. Remick 305 East Hamilton Avenue State College, Pennsylvania 16801 Rick Konter 617 Piper Lane Lake Villa, Illinois.60046 U. S. -Nuclear Regulatcry Co=ission Resident Inspectors Office Post Office Box 288 Deerfield, Illinois 60015 f
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- Feier:1 Register / Vd. 45. Nr. III / Wsdnesday. October 29. 1980 / Ruirs anJ ReFulations 72369 published on October l.1Sao. 45 FR performs the following speedic earlier anticipated has been requraf to 64949.The corrected i 0.911s published functions:
below.
prepare a final rule on fi.= protemon.
Although the finalrule is nea:
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crrs rrva oATE: April 18,1980.
. tre on. a>ains w - s es..
ecmpletion. and wu11aco:ponte an roRrVxTNER:NFoRM AT1oN CONTACT:
. Robert P. De Young. Private Radio tha t in the proposed rde. it has cet yet t
Bureau. (202) 532-7175.
been published and in any erunt would Ao:Ress: Federal Communications RM ORY not be effeetive until 90 days after Com=ission. Washington D.C. 20554.
plSS10N publication. -
Certain NRC Ucensees.boweve, an suPPt.EMENTARY INFORM ATloN:
' O CFR Part 50 ~
at present operating underlicense b the !Atter of amendment cf Part 0 conditions or technical speciScasas to transfer authority for co= mon carrier Fire Protection Schedules for thereto which include the Noren$er1
- matters involving public coast stations Operating Nuclear Power Plants deadline or other dates winch wi2 to the Private Radio Bunau.
acENev:U.S. Nuclear Regulatory precede the eHective date of the bal Ee, esse & August 19. 29ao.
Cocmdssion.
rule. To the extent thet-these 1:ce:: sees have been unable to complete aD of'the 1.!n t.% Order in the above-captioned ACrioN: Final rule.
-- matter. FCC 80-179 released April 7
. fire prcsection 'nessures to wind these deadlines apply, continued operahn
- 1980. Section 0.91 of the rules was g gg8g would violate the license condides.
a=e.ided to reflect a transfer of function Commission (NRC)is amending its from the Common CarrierScreau to the ngdadgns to te=porady suspm' De violation would extend o=1y =tc Private Radio Eureau (45 E 25399. April completion scheddes for certam, fire the final rde becomes effe:tive.a: ace 15.1930).
pmtecum features in operating nuclear th Niemmuum s&dde wed
- . Seedon ' n of the rdes was also plants pendmg co=pletien ofits ongoing 6 th halrde wG sph
- amended by Order. FCC 75-880.
co=prehenstw nn pmucuen bensistet Bee andh 5
released Ma ch 7.1980, to reflect the e=%.E,s supusion is D. Cc= mission has dete ined, i
cecessary because some NRC licensees... based upon a review of the e: tire rec =rd recrgni:.ation of the Co= men Carrier.
.are una e tg meet nr in this rdemaking that relief f oc these
- E '"'"I*Dm dead,e pmtede
._3ureau. T rough inadvertence. our I
nes cataM b license conditions is apprepriate Order cf April 7. a= ended the language of the rule prior to its having been Deensed concitions.ne Commission pending promulgation of the E=alru'e on 5
.~ = mded by our Order of March 7.1980 has found dat nn pmtece measurn - - En pmuctim appheable M m ive nasenable licensees. Extensive fire prote= doc (45 G46:91. March 23.1980).
f" 7 $"t ms hve hdh j~
d6 r 3.To ccrrect this situation. Section osiis a= ended as set forth in the and safety inte ut wedd h servd by implemented at all operating Sa=s.Tce j
a,t: ached appendix. to amend the forcing certain licensees to shut down implementati a schedde of the final, 3
c:rrently ef!ecuve language of the rule.
during the brief pe-iod between the rde wd! be unifor= and co=p ehsestre, g
license condition deadlines and the and wG apph to aH operating p{ acts, g
pederal ce=mu:dcations com=ission.
, effectiveness of the ha! fire protection Ifg",f",3 'bice s
- h 15es.4. 3m. 4a S:st as armended.2068. Cam rule.
e d
g 4 M C.154.3 4 public health and safety interest Euld 8
EFFECTIVE DATE: Oc:ober 29.1980.
%h J.Mcanco' be served by Srcing orJy those E-FoR FURTHER INFoRMATioN CoNTACTt licensees un%le te meet deadlines k
b-b Wi! Dam Shields. Office of Executive preceding the effectiveness of the ba3 E:
Part 0 of Chapter I of Titic 47 of the Legal Director. U.S. Nuclear Regulatcry rule to shut down for the b-iefiste:i=.
5-Code o! Federal Regulations is' amended Com=ission. Washington, D.C. 20535.
To the contrary, the fire prc:eccion i:
as follows:
pnene 301-492-6696.
measures already implemectecigite E
in l 0.91 the introductory text is SUPP*.EMENTARY INFoR M AT!oN:On May reasonable assurance that all operating E
revised to read as follows:
29.1930, the Commission published in '
nuclear plants may continue to ope ate E
~ he Federal Register (45 FR F080) a
, safely even though the finalrule w-il E
t f m Metsons of me sumau.
getge, of proposed Rulemaking entitled require additional fire proteedcan E
The Common Carrier Bureau
." Fire Protection Pmgram for Nuclear measures at many plants.
E d2Velops. recommends and administers Plants Operating Prior to January 1.
The Administrative Procedure Act 5
policies and propams for the regulation 1979."The proposed rule provided that provides that a rule may be effective E
cf services. facilities rato and practices all fire protection modi!Ications except
. upon publication when that rule "g ants 5
cf entitiesiexduding public coast alternate or dedicated shutdom or recognices an exception er relieres a E
staticas in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)(1). 7nis rule EI which furnish Interstate or foreign implemented by Novemberl.1930.
relieves certain NRC licensees dre:
"5l F
ccmmunications service for hire-
.urJess the Commission approve an license conditions or technical EI l
whetherby wire. radio, cable or satellite extension forgood cause.Tnis dead!!ne - ' specifications thereto in regard t 5:
facilities-and of anculary operations was also stated in the Commission's' ~
protection implementation deadhnes.
E' related to the pmvisions or use of such May:'.1980 Memorandum and Order and will therefore be effectivi cpon the 5
services.ne Bureau also regulates the on the Union of Concemed Scientists adate of publication in the F-br-21 Ei rates, terms.and conditions for cable -
petition for Emergehey and Remedial ' ' Register. Tu.-thennere as noted abcve. "
il television and Action.11 NRC 707. 719.
the proposed rule stated that extensio=s IE such attachme= pole attachments, where
- s are not regulated by a Many of the commente c n the -
from the November 1. deadEne woc'd be E
state and not pmvided by railroads or proposed rule contender! thi die considered for good cause.Exte= sin if governmentally--or cooperatively November i deadlir:t.<as unachievable. pubDe comment was received to the EE owned utilities.The Bureau also Moreover.much more time than was effect that the deadline was unrealstic IE
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715f0 Fcdr! Register / V 1.45, N;. 11/ W:dnes' day. Oct:ber 29.1980 / Rides and Regulations jE E
and should be revised. Under,these is circumstances the Co:unission believes
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that there is good cause for an extension
-Z ef the liee.se condition schedules
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pending efectiveness of the finalrule on
_E Ere protection.
E Tne rule prevides that a!! compliance
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d:tes contained !n license conditions or
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technical ;ecifications for required fire EE protection :neasur:s are suspended 5
pending further action by the E
Co==isr'en. As is clear from the above EE discussion, that further s edon will be E_;
promulgatien of de final rule on fire i:E protection.Tne Commission intends that iEE licensees a.%:ted by this rule should M
use best eHerts to co=plete all r-quired
,=E
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m:ssures as soon as possible despite
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E the suspension of the deadlines for this brief pe-iod.
EEf Pursua t to the Atomic Energy Act of IEE 1954, as a= ended. the Energy
-i---
Raorgar.ication Act of1974, as amended.
E9-and Secticas is: and 553 of Title 5 of the
- -5
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' United States Code, notice is herebv
[EEE givgn that the fellowing amendment to FE:
Title 10. Chapter I. Coce of Federal EEE Regulations. Part 50. is published as a T-i docu.:nent subject to codification.
Z PART SG--DOMESTIC LICENSING OF PRODUOTION ANO UTILIZATION 5I FACILTTIES
- 1. A new Sectica 50.48 is added to
[_
read as foliews:
i 50.48 Fire protection setiedules.
To the extent Gat any facility's.
IZ license cor:ditions or technical
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speci'icaticas incorporate compliance
[_T dates fer esdifications necersary to
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prodde fire prateeti=n features proposed by a licensee and accepted by the NRC sta'f as satisfying the provisienc af Appendix A to Branch Tech.ical positica BTp/APCSB 9.5-1 and reflected in NRC staff Fire hi =
Protection safety Evaluation Reports EEEE issued priorto the effective date of this EEEE rul:. those dates are hereby suspended
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pending fur:her action by the g=g Commission.
(Se::.16th. P4. b w E >-r03. 58 Stat. 948:Sec. 201. P;b. bw 93.-438,84 S:at.1:4 (42 U.S.C.
1:01th). 584til Dated at Washington. D.C. this crth day of Oetsber: m
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Fer :he.Nudear Regulatory Co:n=fssion.
Samuel C. Ci:k.
Secre: ryofne Commission.
- rn nw. e-:.us< re.no.u-a 1nu ser ~
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