ML19345E093

Notifies of Commission Approval of Encl Interim Rule Suspending Previously Approved Completion Dates for Fire Protection Mods.Specific Schedules for Mods Will Be Effective Pending Publication of Final Rule

ML19345E093
Person / Time
Site:	Arkansas Nuclear
Issue date:	11/18/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Cavanaugh W ARKANSAS POWER & LIGHT CO.
References
NUDOCS 8012230105
Download: ML19345E093 (5)

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.,0, UNITED STATES NUCLEAR REGULATORY COMMISSION y jgp* g wasmoros, o. c.zosss g.g N.%..../

November 18, 1980 by r,

0 Docket No. 50-313 5

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j Mr. 'n'illiam Cavanaugh, III

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c5l Vice President, Generation and Construction m

c Arkansas Power & Light Company g

G f2 P. O. Box 551 Little Rock, Arkansas 72203

Dear Mr. Cavanaugh:

As you knew, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been The Commission has recently approved a revised pending since May 1980.

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 1:ecome effective 90 days after publication.

This revised 10 CFR 50.48 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 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 asscM ated with modifications for which the PRC staff required additional infer.ition, such as design details or test results, to be subsequently 4

To the reviewed and approved by the NRC staff prior to implementation.

extent that there are fire prctection modifications such as this for your facility and the required additional infomation has not yet been approved i

i 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 l

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.

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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 l

set of schedules.

kSincerely, g

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rre /G/ Cisenhu.,nreckor Division Y Licensing

Enclosure:

i As stated cc w/encicsure:

See next page 1

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Arkansas Power & Light Company ccw/ enclosure (s):

Mr. David C. Trimble Manager, Licensing h

Arkansas Power & Light Company P. O. Box 551 Director, Bureau of Environmental Little Rock, Arkansas 72203 Health Services 4815 West Markham Strett Mr. James P. O'Hanlon Little Rock, Arkansas 72201 General Manager Arkansas Nuclear One P. O. Box 608 i

Russellville, Arkansas 72801 Mr. William Johnson U.S. Nuclear Regulatory Commission P. O. Box 2090 Russellville, Arkansas 72801 Mr. Rcbert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 420, 7735 Old Georgetown Road Bethesda, Maryland 20014 Mr. Nicholas S. Peynolds Debevoise & Liberman 1200 17th Street, tr.!

Washington, DC 20035 Arkansas Polytechnic College Russellville, Arkansas 72801 Honorable Ermil Grant Acting County Judge of Pope County i

Pope County Courthouse Russellville, Arkansas 72801 Mr. Paul F. Levy, Director Arkansas Department of Energy i

3000 Kavanaugh Little Rock, Arkansas 72205 l

Director, Criteria and Standards Division Office of Radiation Prograr:s (ANR-460)

U. S. Environmental Protection Agency Washington, D. C.

20460 l

U. S. Environmental Protection Agency Region VI Office ATTN: EIS COORDINATOR 1201 Elm Street First International Building Dallas, Texas 75270

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• Fc lerd Regist:r / Vcl 45. No. :n / Wednesday. October 29. k980 / Ruhs anJ Reguhtio=s n 569 published on October 1.198c 45 FR performs the fo!!owing specific earlier anticipated has been reqdad to 6G49.The cc Tected I c.91 is published functions:

below.

prepan a final rule on nn p ote: nom.

Although the nnal rule ia nec

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Emcuve o ATE: April 18.1980.

. fr* o= 'S*** M** **s ~1 completion, and wi!! incorporate an ron esinTnta euronuATiow cowTacT:

M'#'*" *O O'":I55 Robert P. De Young. Pn.vate Radio that in the proposed rule.it h.as tot yet been published and in any event would AeonEsst Federal Communications Nf1Ct. EAR REGUI ATORY net be effeetive untD 90 days after Ccm=ission. Wa shington, D.C. 20554.

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publication. -

k O CFR Part 50 ~

at present operating underlicense Certain NRClicensees.howewr.an suTPt.tW ENTARY INFO R M AT1oN:

b the Matter of amendment of Part 0 conditions or technical speciScatens 12 transfer authority for co= mon carrier Fire Protection Schedules ior thereto which include the November 1 1 - matters involving public coast stations Operating Nuclear Power Planta deadline or other dates which wO,

i ty th-Pnvate Rado Bureau.

ACENevt U.S. Nuclear Regulatory precede the effectivedateof theEna!

Released: August 1s. 2Bao.

Commission.

rde.To the extent that-these lim-=

have been unable to comp'iete aD oFthe 1.In the Order in the above-captioned Action: Final rule.

=atter. FCC 80-179 released April 7

. fire protection measures to w:..ich theos

- 1960. Se: tion c.91 of the rules was SUuuARY:The Nu: lear Regulatory deadines apply, coetmued opera ion a= ended to refie:t a transfer of function Commission W)is amendng fu wedd Violate the license Conditi=s.

. from the Cc= mon Carrier Bureau to the ngdades to tmporanly suspmd ne violation wedd extend o=ly :stc

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the final tu!e becomes effe:tive. smee Private Radio Bureau (45 FR:5399. Apri!

15.Isso).

J n le e ir pe a ing nue eat mentaden schedu!e con:ained in the final rule will supersede

2. Se: tion CSI of the rules was also

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- amended by Order. FCC 75-682, ce=prehensive fire protection inconsistent license conditions.

nicased Mar :h 7.1930, to reflect the rule =aking.This suspension is The Commission has deter.. !ned,

'.. based upon a review of the en:i.= record n: anization of the Cc= men Carner

[',**[,'b to meeQ~'"p b Gis rule =aking. that relicf f o= these e

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__Br.reau. Through ina dvertence. or.t Order of April 7. amended the language g.sple smtada deadlines catabed 11 license conditions is appropri.:.te l

cf tne ruae prior to its having been licensed conditions.The Commission pc g pmmu gatan Gs f=al=le on a= ended by our Order of March 7.1980 has found that fire protection measures - En pmte:jon applicable to aC NRC (45 TR45191. March 13.1980).

already implemented give reasonable I8825'*8 'X1'n8ive fin Protec: ice j

-2.To c: re:t this situation. Section assuran:e d safety, and that no health measuns have already been ostis a= ended as set forth in the and safety interest would be served by imp ent*d 81

• opmting pla=sJn

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im etaun sdedule of 6e E:al e,rtached appendix. to amend the forcing certain licensees te shut down curnntly e!Ie:tive language of the rule.

du-bg the b-ief period between the rule will be uniform and ec=pahensive.

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license condition deadlines and the Tsdtral Cc==un; cations com=ission.

. effe:tiveness of the final fire protection 8

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(s :s. 4. s:2. 4a stat, as amended, tese. tor:

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4? t.' S.C. 254. m1-

- public health and safety interest Encid E

trrtenyt oATE: October 29.1980.

Wm J.Thuk be served by forcing only those i

ron runtwen twromuttiow contact 2

!!censees unable to meet dea &es E

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William Shields. Office o! Executive preceding the effectiveness of the Ena]

E' Part 0 cf Chapter I of Titic 47 of the Legal Director. U.S. Nuclear Regulatory rule to shut down for the briefinte:.=.

E Code of Federal Regulations is'a= ended Com=ission. Washington, D.C. 20533.

To the contrary, the fire protec--ion f

as fillower pnone 301-492-66*1.

measures already implemented gin I

in 10.s1 the intmductory text is sumzutwTany twronu ArioN:On May reasonable assurance that all operating E

revised to read as follows:

s.1980, the Commission published in

• nuclear plants may continue to op rate E

l the Federal Register (45 FR 36082) a

-safely even though the Snalru'e V1 r

I c.st Funchs of tre kmau-Notica of Proposed Rule =aking entitled require additional fire protectsan E

ne Common Carrier Bureso

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

g dzvelops.re:o= mends and adminis'.rs Plants Operating Prior to January 1.

The AdministrativeProcedure Act E

policies and programs for the regulation 1979." ne proposed rule provided that provides that a rule may be efie= tree E

ef sirvices, facilities, rates and practices au fire protection modifications except

. upon publication when that rule *g ants r

cf entithr(excluding public coast altemate or dedicated shutdown or recogni:es an exception er reliens a stations in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)(1).-nis rule f

which fumish interstate or foreign

!=plemented by November l.1980, relieves certain NRClicensees fro:

,'E ceminunications service for hire-unless the Commission approve an

. license conditions or technical C

whether by wire. radio, cable or sate!!!te extension for goed cause.Tnis deadline - specifications thereto 6 regard to 2:e5 facilities--and of ancillary operations was also stated in the Corr. mission s protection implementation deah-E rel:ted to the provisions or use of such May':7.1980 Memorandum and Order and will therefore be effective =pon the E

services.The Bureau also regulates the on the Union of Concerned Scientists

..date of publication in the Fehe=1 E-ratts. terms.and conditions for cable Petluon for Emergency and Remedial Register.Furthermore, as noted abcee.

E tel vision and pole attachments, where Action. n NRC 707. 719.

the proposed rule stated that extensioms E-such attachnm=:s are not regulated by a Many of the commenters on the from the November 1,deadlbe wedd be k

state and nnip ovided by railroads or propesed rule contended that the considered for good causc.Exte= sin II l

Fovernmentally-cr cooperatively November 1 deadline was unschievable. pub!!c comment was received to the h-owned utilities.The Bureau also Moreover.much more time than was effect that the deadline was unrealstic E-E

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715fo#- $;d:ral Register / V;1. 45. Nr. :11/ W:dn;sday. 0ct:ber 29.1980 / Rules and Regulations F.-E and should be revised.Under,these R

ci.:.u.s!an:es the Cocunission believe E.

that there is good cause for an extension C_

si the license conditien schecules

=i pendi.g efectiveness of the finalrule on h

fire prote:tien.

E' The rule ;;ovides that all compilance R-

. dates contained in license conditions or tednical s;ecifi:stions for required fire EE prot:ction measures are suspended EE EE pe: ding N:ther action by the EEE Co==issien. As is clear from the above discussic: that further action will be

_3 prc=u! ration of the final nale on fire

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pre e: tion.T'ne Commissionintends that E:.1

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licassees aE -eted by this rule should use b:st effor:s to complete all required t==.

E mrsures as soon as possible despite the suspension of the deadlines for this e-EEE brie! period.

,i. E Pursuant to the Atomic Energy Act of EE_

1354, as a= ended. the Energy R:organL ation Act cf1974. as amended.

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and Se:ticas 55: and 553 of Title 5 of the

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' United States Code, notice is hereby (EE' riven that Ge following amendment to

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Title 10. Chapter 1. Code of Federa!

!EEE E5-Regulatic:s. Part 50. is published as a do:.:.=ent subject to codi6 cation.

PART 5."-DOMESTIC UCENSING OF PRODUCTION AND UTIUZATION g

FAO!UTIES

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1. A new Seetion 50.48 is added to

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read as ic!!ows:

f 50.48 Fi e protection schedules.

To the extent that any facihty's.

lice:se cer.ditions or ter.hnical spr:1ficaticas in:orperate compliance

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dates f:: modifl:ations necersary to provide !!:e protection features EEE prop: sed by a. licensee and accepted by the NRC staf! as satisfying the

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prodslens cf Appendix A to Branch Ted.!:a! ?:sition BTP/APCSB s.5-1

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and refie:ted in NRC staff Fire

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Protect!== Safety Evaluation Reports issued prio:to the effective date of this

-EE rule. those dates are hereby suspended pending hrther action by the E i=1 Co==issien.

(Se:.1e.h. Pab. Law 83-7c2. 6a Stat. S44; Sec.

.~.. Pub. La w s3-423. as Sdt.1:42 (4 U.S.C.

=.%.). 564t11 Dated at Washington.D.C. this Orth day of October 195 For de.Wdear Regulatory Commission.

N 89 Se:re::. y clthe Conunission.

tra ow. ar -- r 4 so.a= teu !

Dr.J.JwG CoC4 7500-4144 e.

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