ML19351E684

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Informs of Recently Approved Revised 10CFR50.48 Containing Schedules for Completion of All Fire Protection Mods.No Present Implementation Required as Necessary Addl Info Has Not Yet Been Approved
ML19351E684
Person / Time
Site: Haddam Neck, Millstone  File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 11/06/1980
From: Eisenhut D
Office of Nuclear Reactor Regulation
To: Counsil W
CONNECTICUT YANKEE ATOMIC POWER CO.
References
LSO5-80-11-009, LSO5-80-11-9, NUDOCS 8012190015
Download: ML19351E684 (6)


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UNITED STATES y'

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g NUCLEAR REGULATORY COMMISSION j

WASHINGTON, D. C. 20606 3{d /

November 6,1980 Docket No. 50-213/245 LS05-80-ll-009 Mr. W. G. Counsil, Vice President Nuclear Engineering and Operations Connecticut Yankee Atomic Power Company

& Northeast Nuclear Energy Company Post Office Box 270 Hartford, Connecticut 06101

Dear Mr. Counsil:

As you know, 'a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Comrission 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 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 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 infonnation 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 nJ1e, 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.

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i 2-November 6,1980 Mr. W. G. Counsil 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.

Sincerely, arr'll G. Eisenhut, Director e

Division of Licensing

Enclosure:

As stated cc w/ enclosure:

See next page

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_ Mr. W. G. Counsil 3-November 6,1980 cc William H. Cuddy, Esquire Connecticut Energy Agency Day, Berry & Howard ATTN: Assistant Director Counselors at Law Research and Policy One Constitution Plaza Development Hartford, Connecticut 06103 Department of Planning and Energy Policy Board of Selectmen 20 Grand Street Town Hall Hartford, Connecticut 06106 -

Haddam, Connecticut 06103 Director, Technical Assessment Division Northeas' Nuclear Energy Conpany Office of Radiation Prograns t

ATTN: Superintendent (AW-459)

Millstone Plant U. S. Environmental Protection P. O. Box 128 Agency Waterford, Connecticut 06385 Crystal Mall #2

- Arlington, Virginia 20460 Mr. Janes R. Hinmelwright Northeast Utilities Service Company U. S. Environmental Protection P. O. Box 270 Agency Hartford, Connecticut 06101 Region I Office ATTN: EIS C0ORDINATOR Resident Inspector JFK Federal Building c/o U. S. NRC Boston, Massachusetts 02203 P. O. Box Drawer KK Niantic, Connecticut 06357 Superintendent Haddam Neck Plant Waterford Public Library RFD #1 Rope Ferry Road, Route 156 Post Office Box 127E Waterford, Connecticut 06385 East Hanpton, Connecticut 06424 First Selectman of the Town Resident Inspector of Waterford Haddam Neck Nuclear Power Station Hall of Records c/o U.S. NRC 200 Boston Post Road East Haddam Post Office Waterford, Connecticut 06385 East Haddam, Connecticut. 06423 John F. Opeka Systens Superintendent Northeast Utilities Service Company P. O. Box 270 Hartford, Connecticut 06101 Natural Resources Defense Council 917 15th Street, N. W.

Washington, D. C.

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  • Fc feral Regisier / Vol. 45. No. 211 / Wednesday. October 29, 1980 / Rules anJ Regulatio=s 7158 published on October 1.1980. 45 FR performs the following speci}ic 64949. The corncted i 0.91 is published functions:

earlier andcipated has been reqdred to below.

p epare a final rule on fire prmw+w Although the finalrule is amar sntcTivr oATE: April 18.1980.

. irt om swe rM - ** =1 completion.and wiD iaceparate an FoR FVnTHEft INFonMaTION CONTACT:

  • I Robert P. De Young. Private Rada.o that in the proposed rule.it has zet yet bun pubHshed ud h ny e*edd

.[ NT1 CLEAR REGtJLATORY mt be eHectin unta 90 days afte t

Anontss: Federal Commun! cations Commission. Washington D.C. 23554.

plSSION publicadon. -

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0 CFR Part 50 ~ _

CertainNRClicmsees.bowevec an h

suPPMMENTARY INFonMAT1oN:

at present opersting under hamnae il In the Matter of amendment of Part 0 conditions or technical spec 15catmos il i

to transfer authority for common carrier Fire Protection Schedules for thereto which include the Novemaer 2 d

! - mettan involving public coast stations Operating Nuclear Power Plants deadline or other dates winch wC,

~O to the Private Radio Bureau.

AssNcT:U.S. Nuclear Regulatory precede the efectivadateof thebaa!

Released: August 28,2eso.

Commasalon.

rule. To the extent thaHhese licacseen E

1.In the Orderin the above-captioned Acnoic Final rule.

have bun unabh comple M b 5

.:-- maner. FCC 60-179 released April 7

_ fire protection measures to which these il

_- 1980. Section 0.91 of the rules was SuuuAny:. The Nuclear Re8"latorv dudunes apply catinued operada s j!

amended to reflect a transfer of function Comm.ission Ais amendngits would violate the bcense conditiass.

from the Common Carrier Bureau to the. ngulations to temporanly suspenL The violation would extend o=ly:sta Il Private Radio Bureau (45 FR 25399. April completion schedules for certain fire the fmal rule becomes eff e: tire. s:sce 5:

~ ~ 333,4 protection features in operating nuclear the implementation schedule e=ahl E

2.Section 0.91 of the rules was also.

plants pending completion ofits ongoing in 6e fid :ule wiH superude

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-amended by Order. FCC 79482.

comprehensin un pmuction inconsistent license conditions.

E' The Commission has determined.

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released March 7.1980, to reflect the

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reorgani:at2on of the Cc= mon Camer _

3 3"#u. Tarough inadvertence. oct are unable to meet fire protection in 6:s maMag. 6st nhMom 6ese 3

Order of April 7. amended the language implementation desdlines contained in Heense con ons is appprima

- cf the rule prior to its having been licensed conditions.Le Commission Puding pmulgaum of 6e Enalnale on g'

has found that fin protection measures bcensees. Extensive fire protec8ac amded by our Order of March 7.1980 E

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(45 FK.16191. March 23.1980).

1To correct this situation.Section f,Q"t a d6 t oheal6 measures have already been c 9 tis amended as set forth in the and safety interest would be served by impimenad at aD cpenung A.ne

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attached appendix. to amend the forcing certain licensees to shut down implementation schedule of the fi:al g;

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the brief period between the rule will be uniform and co=pahensree.

ci:.rently eHective language of the rule.

5 i li condition dudunes and b and will apply to aH operating pla::is Ei Federal Communications Commission.

_ efectiveness of the final fire protection including those with d1Herent schedules g

isecz. 4. sea. 4a siat, a: amended. 2006 toe::

_ rule.

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      • * ** *E'"d' JJ p*u"blic health and safety interest woul c Ug m.acs).

G N'a I Trii'a-erncTivs oATc October 29.1980.

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be served by forcing only those EE C w-

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ron runtwen :NFomuAT1oM CONTACT:

t licensees unable to meet'deatEines b

William Shields. Office of Executive Part 0 of Chapter I of Title 47 of the 14galDirecte* U.S. Nuclear Regulatory paceding the efectiveness of the Enal '

E Code of FederalRegulations is amended Commission. Washingtes D.C. 20$35.

rule to shut down-for the brief intcim.

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es followc phone 301492-4696.

To the contrary, the fire protec:fon f

measures already implemented gin EE In 10.91 the introductory uxt is suPP:.rutxTAny swronuATrope On May reasoneble assurance that all operating E

revised to read as follows:

29.1980, the Commission published in '

nuclear plants may continue to ope ate EE

~ he Federal Register (45 FR 36082) s

-safely even though the finalrule wC1 E5 t

i c.s1 Functkns of me Bureau.

Notice of Proposed Rulernaking entitled. require additional fireprotection 5

l The Common Carrier Bunau

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

g develops, recommends and administers Plants Operating Prior to January 1.

The Administrative Procedure A:t El Policies and programs for the regulation 1979. The proposed rule provided that provides that a rule may be eEacere Ei cf servrees. facilities, rates and practices all fire protection modifications except

. uponpublication when tlist rule " pants E!

cf entities fexcluding public coast alternate or dedicated shutdown or recognizes an exception er relieres a Ei stations in the maritime mobile service) capability weald be requfred to be restriction." 5 U.S.C. 553(d)(1).'"his rule which fur =ish interstate or foreign implemented by Novemberl.1983, relieves certain NRClicecnes fro:

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communications service for hire-unless the Commission approve an

... license conditions or technical EEE :

whether orwire. radio, cable or satellite extension for good cause.This deadline - -specifica tions there 55 facilities--and cf anci!!ary operations was also stated in the Commission's

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related to the provisions or use of such May:7;1980 Memorandum and Order and will therefore be effectin upac the is protection implementation desdhnss.

EE nrvices.ThaBureau also regulates the on the Union of Concemed Scientists

--date of publication in the Fedeal EG ra,tes. termsad conditions for cable Petition for Emergency and Eamedia!

Registar.7arthermore, as noted abeve.

5 te4evision and pole attachments, where Action.11 NRC 707.719.

the proposed rule stated that ectamm

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such attachmemrare not regulated by a Many of the commenters on the from the November 1. deadline wo..'d be E'

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state and not provided by railroads or proposed rule contended that the considered for good cause.Extensin i

4 tsvemmentally--or cooperatively November 1 desdime was unschievable. public commeat was received to the iE ewned utilities.The Bureau also Moreover.much more time than was effect that the deadline was unrealstic EE' EEE p.:= -

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715f0". Tcderal R;gister / Vcl. 45. ND. 211 / Wcdnesday, Oct:ber 29.1980 / Rchs and Regul:tions jE

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and should be raised. Under'n believes thne

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that there is good cause for an extension 5

of the license condition schedules

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pending e!!ectiveness of the finalrule on EE fire protection.

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The rule provides that all compliance E= '

d2te: contained in license conditions or

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technical spec!Scations for required fire

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protection =easures arr suspended

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perding fu-ther action by the

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Com. mission. As is clear from the above E

discussion that further action willbe 5

promu!gatien of the final rule on fire

=EE protection.Tne Coa. mission intends that E

heensees afected b> this rule should -

g use best eKorts to complete all required

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measures as soon as possible despite EE the suspension of the deadlines for this L==

brief period.

EEE Punuant to the Atomic Energy Act of 5221 1954, as amended. the Ene.T E

Rxrganimation Act of1974. as amended.

iE-and Sections $$2 and 553 of Title 5 of the

~ United States Code, notice is hereby G=

given that the following amendment to Title 10. ChapterI. Code of Federal Regulations. part 50. is published as a

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document subject to codi5 cation.

PART 50--DOMESTIC UCENSING OF PRODUCTION AND UT!!!ZATION h

FACIUTtES

1. A new Seetion 50.64 is added to re:d as folicws:

$ 50.48 Fire protectiori schethdes.

To the extent that any facility's.

license conditions or technical specificaticas incorporate compliance dates for medIncations necces'ary to pr: vide fire protection features pt: posed by a. licensee and secepted by the NRC stsif as satisfying the provisions cf Appendix A to Branch Tcchnical position BTp/APCSB 9.5-1 and reflected in NRC staff Fire

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Protection Safety Evaluation Reports

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iss ed prior to the effective date of this rule. those dates are hereby suspended pending fu ther action by the Commissic:.

(Sec.1sih. P;b. Law s3-res, as Stat. est: Sec.

2en Pub. Law s:K3a. as Stat.1242 [4:U.S.C.

zetth) ss4tIl Dated at Washington. D.O. this : th day of October 1880 For the Nudear Reguistory Commission.

Samuel C. Ch2k.

Secre'. cry ofthe Ceaunission.

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