ML19345D061

Informs of Approval of Revised Final Version of 10CFR50.58 & App R Containing Schedules for Completion of All Fire Protection Mods.No Present Implementation Required

ML19345D061
Person / Time
Site:	North Anna
Issue date:	11/14/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Ferguson J VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
References
NUDOCS 8012090007
Download: ML19345D061 (5)

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UNITED STATES 8

NUCLEAR REGULATORY COMMISSION '

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November 14, 1980 3

i Docket No. 50-338

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Post Office Box 26666 Richmond, Virginia 23261

Dear Mr. Ferguson:

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 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 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 completion l

of modifications not covered by Appendix P. 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 present 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 infonnation. This rule will be superseded by the revised rule when it becomes effective.

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i 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 which are covered by a different set of schedules.

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incerely, 5

arrell G. Eisenhut, Director Division of Licensing 4

Enclosure:

As stated i

cc w/ enclosure:

See next page t

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Mr. J. H. Ferguson Virginia Electric and Pcwer Company cc: Richard M. Foster, Esq.

Mrs. June Allen Musick, Williamson, Schwartz, North Anna Environmental C::alition Leavenworth & Cope, P.C.

Il05-C Olive Street P. O. Box 4579 Greensboro, North Carolina 27401 Boulder, Colorado 80306 Mr. James Torson Michael W. Maupin, Esquire Hunton, Williams, Gay and Gibson 501 Leroy Socorro, New Mexico 87801 P. O. Box 1535 Richmond, Virginia 23212 Mrs. Margaret Dietrich l

Route 2, Box 568 Alderman Library Gordonsville, Virginia 22042 Manuscripts Department University of Virginia Mr. James C. Dunstance Charlottesville, Virginia 22901 State Corporation Cocrnission Conrnonwealth of Virginia Mr. Edward Kube Blandon Building Board of Supervisors Richmond, Virginia 23209 Louisa County Courthouse P. O. Box 27 U. S. Environmental Protection Agency Louisa, Virginia 23093 Region III Office ATIN: EIS COORDINATOR Ellyn R. Weiss. Esquire Sheldon, Harmon, Roisman and Weiss Curtis Building 1725 I Street, N.W., Suite 506 6th and Walnut Streets Washington, D. C.

20006 Philadelphia, Pennsylvania 19106 Director, Technical Assessment Divisic Mr. W. R. Cartwright, Sution Manager Office of Radiation Programs (AW-459)

P. O. Box 402 U. S. Environmental Protection Agency Mineral, Virginia 23117 Crystal Mall f 2 Mr. Anthony Gambardella Arlington, Virginia 20460 Office of the Attorney General 11 South 12th Street - Room 308 Mr. Paul W. Purdom Environmental Studies Institute Richmond, Virginia 23219 Drexel University 32nd and Chestnut Streets Mr. Allan Tattersall Philadelphia, Pennsylvania 19104 Resident Inspector / North Anna c/o U.S. NRC Atomic Safety and Licensing P. O. Box 128 Appeal Board Panel Spotsylvania, Virginia 22553 U. S. Nuclear Regulatory Conrnission i

Washington, D. C.

20555 l

Coninonwealth of Virginia Council on the Environment 903 Ninth Street Office Building Richmond, Virginia 23129 t

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• Fcieral Register / Vol. 45. No. 211 / Wednesday. October 29. 1980 / Ruks anJ Regulations M568 f

published on October 1.1980. 45 FR performs the following specific earlier anticipated has been regsfred to Ms49. The corrected i 0.91 is published f netions:

prepare a Analrule on Art prote ::an.

klow.

Although the finaltale is ase arrEcTtvE DATc April 18,1980.

. tru o.numa ru.mam au wl completion, and will!nempte an an.>o cooe sm a implementation schedule cZerect from FoR PURTHER INFoRMATION CONTACT:

Robert P.De Young. Private Radio gggg g gh, pygp,,,f g gg g, g g been published and in any event would I"" * "'

AconEss-Federal Communications..

N#Cl. EAR REGULATORY not be eHecun im days aftar 00MutSSION publication..

Commission. Washington. D.C. 20554.

Certain NRClicensees.howenr.are 1

In the Matter of amendment of Part 0 y at present operating under license suret.EW ENT ARY INFORu ATION:

O CFR Part 50 con 6Hons or technical speciScatoms to transfer authority for common canier Fire Protection Schedules for thereto which include the Novescaer t

_ matters involving public coast stationa Operating Nuc. lear Power Plants deadline or other dates which wi2 precede the effecovedate of the faal to the Private Radio Bunau.

AcEwer:U.S. Nuclear Regulatory rule.To the extent thaHhese Ece= sees

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Relessed; August 29.1980.

Commission.

have been unable to comp lste all of'tbe 1.In the Order in the above. captioned Action: Final rule.

_ fire protection measures to which these

- matter.FCC 80-179 released April 7 deadlines apply, contmued operation

- 1980. Section 0.91 of the rules was suuuaRY:The Nudear Regulatory would violate 1he license constic=s.

amended to reflect a trensfer of function Commission (NRC)is amending its

_~. from the Common Carrier Bureau to the - regulat,ons to temporartly suspend.

The violation would extend caly =1t3 g, gm-! rde becomes eHN m se s

e vat ado Bureau (45 FR 25399. April

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tin u ar h Section om of the rules was also plants pent'ing co=plebon ofits ongomg inconsistent license condibons.

_. amended by Order. FCC 79-832, e mprehensive fire protection The Commission has deter.'. ined.

released Ma ch 7.1980, to reflect the

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, so, e hcensees- ' **ed upon a review of the en: ire record reerprezation of the Common Canier '

Jureau nroughinadvertence.our are u=able to meet nre protection s Mema% &at nh=% these Gons p appmpriate eme em implementation deadlines contained in Order of April 7. amended the languaF' licensed conditions.The Commission pending promulgation of the f=al:ule on of the rule prior to its havmg been amended by our Order of March 7.1930 has found that fire protection measures - - fire pr tection applicable to aINF.C

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• I'* 8 II (45 FR 46191. March 13.1983).

already b ilemented give reasonable assurance,f safety, and that no health measures have alnady been

'.5.To ec rect this situation. Section and safety interest would be served by implemented at all operating plar s.The om is a:sended as set forth in the forcing certain licensees to shut down implementati n schedule of the fi:a!

atta:hed appendix. to amend the during 6e brief pe iod between the rule will be uniform and comprehensh e.

currently effective language of the rule.

license condition deadlines and the and will apply to all oper,atmg pla:is rederal Cc=munications Commission.

effectiveness of the final Bre protection,

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cens (se sA n. Se stat as amended.20cc. toc.

rule.

. public health and safety interest Euld 47115 C 1R Ek EFFECTIVE Cart: October 29.1980.

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be served by forcing only those ron runtwrn swronuATion cowTAcT:

licent,ees 2nable to meettlesC:ines

.seeecr7 William Shields, tsffice of Executive preceding the effectiveness of the.*nzI ~

Part 0 of Chapter I of Title 47 of the legal Director. U.S. Nu clear Regulatory rule to shut down for the b:iefinte-im.

Code of Federal Regulations is ' amended Cocu=ission. Wa shington. D.C. 20555.

To the contrary, the fire pro:e=io:

as follows.

phone 371-492-6695.

measures already implemested give in i CE the introductory textis ELfPPt.EMENTARY IMFoRM ATioN:On May reasonable assurance that all operating revised to read as follows:

29.1980, the Commission published in '

nuclear plants may continue to operate the Federal Register (45 FR 36082) a

-safely even though the finalrule W*l i o.91 Functions of the Bureau.

Notice of Proposed Rulemaking extitled require additional fire protection Toe Cornmon Canier Bureau

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

develops.recom:nends and administers Plants Operrting Prior to January 1 The Administrative Procedure A:1 policies and programs for the regulation 1979."De proposed rule provided that provides that a rule may be e5ect4. e of services, facilities rates and practices all fire protection modifications except

. upon-publication when that rule Tants of entitier(excluding public coast alternate or dedicated shutdown or recognizes an exception c relieves a stations in Se maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)r.). Tair rule j

which furnish interstate or foreign implemented by November 1.1980.

relieves certain NRC licensees fro =

communications service for hire-unless the Commission approve an license conditions or technical whether by wire. radio, cable or satellite extension for good cause,This deadline - specifications thereto in regard to E e facilities-and of ancillary operations was also stated in the Commission's

' protection implementation dea 6inen related to the provisions or use of such May27.1980 Memorandum and Order and will therefore be effectin uponthe services.The Bureau also regulates the on the IJnion of Concerned Scientists

-date of publication in the FM-1 rates terms.and conditions for cable Petition for Emergency and Remedial Register. Furthermore, as noted abeve.

te'evision and pole attachments, where Action.12 NRC 707. 719.

-- the proposed rule stated that crtensio=s auch attachments are not regulated by a Many of the commenters on the from the November 1. deadline werr'd be

. state and not provided by railroads or proposed rule contended that the considered for good causc. Exte:ssin Forernmentally -cr cooperatively November 1 deadline was unachievable. public comment was rece!ved to the owned utilities.The Bureau also Moreover.rnuch more time than was effect that the deadline was unrealstic i

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735iO". feders! Register / Vol. 45. No. 211 / Wednesday October 29.1980 / Rules and Regulatiens jE~

p-and should be revised.Under these circe. stances the Comrnissio'n believes g

that there is good cause for an extension

-a-of the license condition schedules EEI sending e!!ectiveness of the Analrule on EE E

ihre protection.

E Tne rule p cvides that all compliance dates contained in license conditions or EEu technical specincations for required fire E

protection measures are suspended EEEj pending further action by the E=d Co=missio:. As is clear from the above EE~

discussion. that further action will be E

pro:nulsatien of the final rule on fire 5::-

protection.Tne Commission intends that EEE beensees aL.cted by this rule abould use best eforts to complete all required

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measures ss soon as possible tiespite the suspension of the deadlines for this E

brief perioi E:i-Pursuant to the' Atomic Energy Act of 5

1954.as at: ended the Energy 5EEE Reo.ganization Act of1974, as amended.

M and Sections 552 and 553 of Title 5 of the j:25 United States Code, notice is bereby g

given that 6e following amendment to Title 10. ChapterL Code of Federal ReFulstions. Part 50 is published as a EEEE docu=ent subject to codiScation.

E5 PART 50-.DOMESTIO LICENSING OF

.7 PRD0UOTION AND UTI:!ZATION

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1. A new Section 50.48 is added to read as follows:

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i so.at Fire protecMon schedules.

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To the extent

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license cor.ditions or technical

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sper.!!icatiens in:ciporate compliance dates for codiScations neccesary to provide Ste protection features

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proposed by a. licensee and accepted by the.N*RO staff as satisfying the prodstons cf Appendix A to Branch Technical Positien BTP/APCSD G.5-1 and reflected in NRC staff Fire 15 i-Protection Safety Evaluation Reports Issued p:ic to the effective date of this rule, those dates are heremy.espended

2 pendmg fu:ther action by the

_:7.3 Com=issien.

(Sec.1etb. P.b. Law 23 703. tw St 1. 04a; Sec.

=ci. P;;5. law S3-433. 88 Stat.132 (42 U.S.C.

=01(bl. 56t*ll Dated at Washington.D.C. this 27th day of

__m October 196:

Fo: :he.%cica: Reguista:y Commission.

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