ML19351E686

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

ML19351E686
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	11/06/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Linder F DAIRYLAND POWER COOPERATIVE
References
LSO5-80-11-007, LSO5-80-11-7, NUDOCS 8012190019
Download: ML19351E686 (6)

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November 6,1930 Docket No. 50-409 LS05-80-ll-007 Mr. Frank Linder General Manager Dairyland Power Cooperative 2615 East Avenue South La Crosse, Wisconsin 54601

Dear Hr. Linder:

As you know, a proposed Section 50.48 and Appendix R ta 10 CFR 50 has been pending since May 1980. The Commission has recently approved a revised final version of that proposed Se': tion 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 revisd 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 sobner, unless an extension or exemption is approved by tRC.

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 information. This rule will be superseded by the revised rule when it becomes effective.

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November 6,1980 In the near future, we plan to contact you to identify specifically

' which fire protection features associated with your facility are covered by Appendix 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, f

Darrell G. Eisenhut, Director Division of Licensing

Enclosure:

As stated.

cc w/ enclosure:

See next page I

Mr. Frank Linder 3-November 6, 1980 t'

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Fritz Schubert, Esquire Director, Technical #ssessment Staff Attorney Division Dairyland Power Cooperative Office of Radiation Programs 2615 East Avenue South (AW-459) j La Crosse, Wisconsin 54601 U. S. Environmental Protection Agency

0. S. Heistand, Jr., Esquire Crystal Hall #2 Morgan, Lewis & Bockius Arlington, Virginia 20460 1800 M Street, N. W.

Washington, D. C.

20036 U. S. Environmental Protection Agency Mr. R. E. Shinshak' Federal Activities Branch La Crosse Boiling Water Reactor Region V Office Dairyland Power Cooperative ATTN: EIS C0ORDINATOR P. O. Box 135 230 South Dearborn Street Genoa, Wisconsin 54632 Chicago, Illinois 60604 Coulee Region Energy Coalition Charles Bechhoefer, Esq., Chairman ATTN: George R. Nygaard Atomic Safety and Licensing Board P. O. Box 1583 U. S. Nuclear Regulatory Comission La Crosse, Wisconsin 54601 Washington, D. C.

20555 La Crosse Public Library Dr. George C. Anderson 800 Main Street Department of Oceanography La Crosse, Wisconsin 54601 University of Washington Seattle, Washington 98195 U. S. Nuclear Regulatory Comission Resident Inspectors Office Mr. Ralph S. Decker Rural Route el, Box 225 Route 4, Box 1900 Genoa, Wisconsin 54632 Cambridge, Maryland 21613 Town Chairman Dr. Lawrence R. Quarles Town of Genoa Kendal at Longwood, Apt. 51 Route 1 Kenneth Square, Pennsylvania 19348 Genoa, Wisconsin 54632 Thomas S. Moore Chair 1 nan, Public Service Comission Atomic Safety and Licensing Appeal Board l

of Wisconsin U. 5. Nuclear Regulatory Comission Hill Farms State Office Building Washington, D. C.

20555 Madison, Wisconsin 53702 Ms. Anne K. Morse l

Alan S. Rosenthal, Esq., Chairman Coulee Region Energy Coalition Atomic Safety and Licensing Appeal Board Post Office Box 1583 U. S. Nuclear Regulatory Comission Lacrosse, Wisconsin 54601 Washington, D. C.

20555 U. S. Nuchar Regulatory Comission Mr. Frederick Milton Olsen, III Resident Inspectors Office 609 North lith Street Rural Route #1, Box 225 Lacrosse, Wisconsin Genoa, Wisconsin 54632

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• Fcieral Regisier / Vol. 45. No. 221/ Wednesday. October 29, 1980 / Ruin anJ Regulatio=s 71363 published on October t. 39e0. 45 FR performs the fo!]owing specific 64949. The corrected i 0.91 is published functions earlier anticipated has been regtdred to t

below.

prepare a final rule on !!n prote:taan.

Although the finalrule is nec snucTivt matt April 2a.1980.

Im om amanmmas.am assaal completion, and willinco porate an i

rom rusrtwan Nronuation cowrAcn Implementation. schedule diferat from

. Robert P.De Young. Private Radio- -

that in the proposed rule.it has :st yet been published and in any event would '

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Anonass-Federal Communications...- > -NPCt. EAR REGULATORY net W eHecdn untu 90 days afts-i Commission. Washington. D.C.23554. ~ COMMISSION Pubheadon.-

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~ O CFR Part 50 at present operating imderlicense i

In the Matter of amendment of Part 0 conditions or technical spem5cafmas j

to transfer authority for common carrier. L.OPersting Nuclear Power PlantsFire Protection Schedul

. thereto which laclude the November 1 L

matters involvkg pubHc coast stations -

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deadline or otherdates which wi2 i

to the Private Radio Burean.

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Acawen U.S. Nuclear Regulatory, c ' $**,

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have has unable to comp; eta ~aDofthe 5:

2.In th Orderin'the above-captioned Actiom Final rule.

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-- - matter. FCO so-179 :eleased April 7 fire protection measures to which these j'

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-- 1980. Sec. ton 0.91 of the rules was~ -

sumMAar.ne buclear Regulatory -

.. deadlines apply ~cisrtmued opers:!on

. iwould violate the license conditics.

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amended to-reileet a transfer of function. e. Commu,umn A is amendirth

. n,,iolation would extend o=!y:stC E

... from 6e Cemon C'rrierBunan tasthe. nrulations to temporanly susped-

- " the Enal rule beconws effacere, s:nce Private Radio Bureau (45 FR 25399. April completion schedules for certain fin. -

.th's implementatioh' schedule

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. protection featuns in operating acclear E

. 25.2980). Ec.91'of the rules was also..

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- plants pending co=pletion ofits ongoing b th I'ml Me wiB supeMe E

beoetet Ucam con &h E'

. Comprehensiw fire protection -

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_cmended by Order. FCC 7s-as2 released March 7'2980, to reflect the f (

,, ', ", bCU es. E. -bas,ed upon a review of the en:in rec j

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._Banau. Tiirough.m,the Comme Carrier an unable to meet fire protection nm m

advertence. our dat reym= these i;

Order of April 7 -amended the language bpleada dudlbu catained 6 -. license conditions 9s appmpnate g

cf 6e rule prior to its having been

. Deensed con litions. The Commission pecmg pmmu gade of 6e Enal ule on 5

fire protection applicable to at NEC

.. amended by our Order of Maru.t 7.1980..

at h pmen muse. Licensees. Extensive fire protaction

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(45 FR4s1911 Mard 33.1980).

,he**,h',$f7ty 3.To correct this situation. Section d th t o alth.. measures have already be 0.911s amended as set forth in the

and safety interest would be served by emented atan openWamsXce fa ~

li hut d implementation schedule of the fimal g.

attached appendix. to amend the d

een 6 rule will be uniform and co=prehecsrve.

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chrantly eHective language of the rule. - - Dth bn i enod e li condition deadlines and the and wiH appy to an eperanng pla:ts g

yederal cocununientions commission.

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. e5ectiveness of the final Sre protection

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b (Secs;4.sct.48 Stat as amended. toes.Ics :.'. rule.

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. pubHc halG and safety Warut M 5'

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be served by forcin's only those EE ron runTwen NFonMAT1oM CONTACT:

licensees unable to meet deadfnes b

i Cm William Shields. Office of Executive.

- pnceding the efectiveness of the *nal E

Part 0 of Ch'apte' I of Tit!"e 47 of the legal Director U.S. Nuclear Regulatory rule to shut downTor the brief blei=.

EE-l Code of FederalRe as followe - : gulations is' amended Com=fssion. Washington. D.C.20535.

. To the contrary,the fire pm:er..l.o :

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measures already implemented give E:

In 10.91 tHe~fitroductcry textls

'sumptzwexTany twromu ATiope Ort May reasonable assurance that all ope: sting E

revised to rea d as follows:

29.1980, the Commission publishedin '

nuclear plants may.continne to oprate ;.-

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'the FederalRegister (45 FR 36082) a

. -safely even ac ghthe. AnalrnfeVl' ~ ~

EE' I c.st Functions of tre sureau. - ' e.

Notice of Proposed Rulemaking entitled. require additional lAreprotectica E

ne Common Carrier Bunau

.."MreProtection Program for Nuclear

- measures at many. plants.

develops.Neom:nends and administen.

- ' Plants O' eraling Prior to January 1 g

p policies and pr~ograms for the reg slation : - 1979."The proposed rule provided that The Mministrative Procedure Act EEE provides that a rule may be aziectin 5

cf services, facilities, rates and practices all fire protection modifications'except

. upon publication when tliat rule "g:3nts E:E of entitiesiexcluding pubbe coast

.. altemale or dedicated shutdown or recognizes as exception er reBene a E

stations in the maritime mobile service). capability.would berequired to be' restriction." 5 U.S.C. 553(d)D). Utis rule EE which fur..3h'faterstate or fonign. ~

~ Implemented.by November l.1980.

communications service for hire--

. Lunless the Commission approve an

- relieves certain NRClicensees hon EE whetherby wire. radio, cable or sate!!Ite ' extension for good cause.This desdline -._lleense conditions or technical.E specifications thereto in regard to St EEE facilities--and of ancillary operations was also stated in the Commission's protection implementation deadhnen.

E related to the provisicas or use of such May27.1980 Memorsndum and Order and will therefore be effective apa-the EEE sirvices. Tha Bureau'also regulates the.

on the Union of Concerned Scientists

-date of publicationin the Fadmeal IEE rates terms,and conditions for cable ~

Petition for Emergency and Remedial Register. Furthermore, as noted abeve.

M television and pole attachments, where Action.11 NRC 707. 719.

- the proposed rule stated that ext *=

such attach =rescrare not regulated by a Many of the commenters on the fro:n the November t, deadline wo;;'d be E

5:E state and not provided by railroads or proposed rule contended that the considered for good cat.sc. Exte=sra

.EE Fovemmentally-or cooperatively November 1 deadlir.e was unschievable. public comment was received to the E5 cwned utilities.The Bureau also Moreover, much mere time than was efTect that the deadline was unrualsoc c:=

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715f0 [ederal Register / V 1. 45. No. 221 / Wednesday. Oct;ber 29.1980 / Ruhs and Regul:tions EE EE. '

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and should be revised.Under,these circumstances the Commission believes that there is good cause for an extension 555

=E of the license condition schedules

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pending e!Tectiveness of the Saalrule on E

fire protection.

g Tne rule provides that all compliance g

dates contained in 1.:.ense conditions or

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tednical speciScations for reTaired fire fd protection messures are suspended EEE pending further action by the E

Commission. As is clear from the above

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discussion. thet further action wi!! be 5

promulgation of the final rule on fire EEE protection.Tne a

..=taa intends that r

~5 heinsees afected by this rule should 2

nee best e5crts to complete all required F_==

measures as socs as possible despite the suspension of the deadhnes for this C

brief period.

Pursuant to the Atomic Energy Act of 1954. as amended, the Energy Reorganisation Act of tr74, as amended.

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and Sections 552 and 533 of Title 5 of the

' IJaited States Code, notice is hereby E

riven that the ic!1owing amendment to Title 10. Chapter!. Code of Fnieral Regulations. Part 50. is published as a Z

docu=ent subject to codi5 cation.

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PART 50--DOMESTIC UCENSING OF

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FRODUCTIDN AND UTTUZATION FACIUTIES

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

I so.4s nre prote= tion scendu6es.

== 9 To the extent that any facility's.

- license conditions or technical

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specificaticas incorporate compliance dates for modifications necessary to provide fire protectica features proposed by A licensee and accepted by the.NRC staff as satisf}-bg the provisions cf Appendix A to Branch Tce':.nical Pesition BTP/APCSB 9.5-1

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cud reflected in NRC staff Fire l

Protection Safety Evaluation Reports issued prior to the effective date of this rule. those dates are hereby suspended pending further action by the Com:nissio=.

(Sec.1*Th. Pub. Law 83-702, 88 Stat. See: Sec.

s 2ct P:s. Law 93-432. 88 Sdt.1:42142 U.S.C.

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Dated at Washington. D.C. this :?th day of October tsoo For the Nudea; Regula..ey Commission.

Samuel C. C.22k.

.%ec.re:.::yofthe Commission.

tra on.r samu r w m isse I SIL:JssG Coot 73se 4 W l

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