ML19351E805

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

ML19351E805
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	11/06/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Hoffman D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
LSO5-80-11-008, LSO5-80-11-8, NUDOCS 8012190338
Download: ML19351E805 (6)

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UNITED STATES NUCLEAR REGULATORY COMMISSION g

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i;f November 6,1980

?{p-....us Docket lNo.50-755

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c Mr. David P. Hoffman Nuclear Licensing Administrator Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201

Dear Mr. Hoffman:

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 50.48 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 sconer, 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 l

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 l

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 This rule will be superseded by the revised rule when it becomes effective.

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Mr. David P. Hoffman November 6,1980 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.

Sincerely,

[ Division of Licensing rell G. Eisenhut, Director V

Enclosure:

As stated cc w/ enclosure:

See next page

Mr. David P. Hoffman November 6,1980 CC N

Mr. Paul A. Perry, Secretary U. S. Environmental Protection 4

Consumers Fower Cogany Agency 212 West Michigan Avenue Federal Activities Branch Jackson, Michigan 49201 Region V Office ATTN: EIS COORDINATOR Judd L. Bacon, Esquire 230 South Dearborn Street Consumers Power Cogany Chicago, Illinois 60604 212 West Michigan Avenue Jackson, Michigan 49201 Herbert Grossman, Esq., Chairman Atomic Safety and Licensing Board Joseph Gallo, Esquire U. S. Nuclear Regulatory Comission Isham, Lincoln & Beale Washington, D. C.

20555 1120 Connecticut Avenue Room 325 Dr. Oscar H. Paris Washington, D. C.

20036 Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comission Peter W. Steketee, Esquire Washington, D. C.

20555 505 Peoples Building Grand Rapids, Michigan 49503 Mr. Frederick J. Shon Atomic Safety and Licensing Board Alan S. Rosenthal, Esq., Chairman U. S. Nuclear Regulatory Comission Atomic Safety & Licensing Appeal Board Washington, D. C.

20555 U. S. Nuclear Regulatory Comission Washington, D. C.

20555 Big Rock Point Nuclear Power Plant ATTN: Mr. C. J. Hartman l

Mr. John O'Neill,11 Plant Superintendent Route 2, Box 44 Charlevoix, Michigan 49720 l

Maple City, Michigan 49664 Chri sta-Maria l

Charlevoix Public Library Route 2, Box 108C 107 Clinton Street Charlevoix, Michigan 49720 Charlevoix, Michigan William J. Scanlon, Esquire Chairman 2034 Pauline Boulevard County Board of Supervisors Ann Arbor, Michigan 48103 Charievoix County Charlevoix, Michigan 49720 Resident Inspector l

Big Rock Point Plant Office of the Governor (2) c/o U.S. NRC Room 1 - Capitol Building RR #3, Box 600 Lansing, Michigan 48913 Charlevoix, Michigan 49720 Director, Technical Assessment Mr. Jim E. Mills Division Route 2, Bcx 108C Office of Radiation Programs Charlevoix, Michigan 49720 (AW-459)

U. S. Environmental Protection Thomas S. Moore Agency Atomic Safety & Licensing Appeal Board Crysta! Mall #2 U. S. Nuclear, Regulatory Comission Arlington, Virginia 20460 Washington, D. C.

20555

4-November 6, 1980 Mr. David P. Hoffman a

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Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Comission Washington, D. C.

20555 Ms. JoAnn Bier 204 Clinton Street Charlevoix, Michigan 49720 A

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• Federal Registar / Vol. 45. No. 211 / Wednesday. October 29, 1980 / Ruies anJ Regulatic=: 72589 published on October 1.1980. 45 7R performs b following specdic 64949. The corrected { 0.91 is published funcdons:

earlier anticipated has been reqdred to below.

pnpare a final rule on En prote: nom.

Although the final rule is near arrtcTivt nATic April 18,1980.

PR on *ams mm.ai am as el completin, and wiU inco ponte an FoR FURTMER INFORMATIoN COWrACT:

Robert P. De Young. Private Raa.o that in the proposed rule.it has :ot yet Bunau. M 6324175.

been published and in any ennt would AnoRess: Federal Communications - - - MpC1. EAR REGU!.ATORY not be effective untD 90 days altar Commission. Washington. D.C. 20554.

COMMISSION Publicadon. -

f Certain NRClicensees.however, an sumpt.EMew?ARY tNroRMAviom

~ 0 CFR Part 50 conditions or technical speciScatons

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In the Matter of amendment of Part 0 at present operating underlicanae i

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to transfer authority for common carrier Fire Protection Schedules for thereto which include the NoTenser1 matters involving public coast stations Operating Nuclear Power Plants i

to the Private Radio Bureau.

deadline or other dates whicia wQ,

AstNcT:U.S. Nuclear Regulatory

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i E*1 eased August is. ssen.

Commssion, o

1.!n the Orderin b abon. captioned ACTiom Final rule.

have been unable to complete aD of the i

- matter. FCC 80-179 released April 7

. fire protection measures to which these i

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_. 1960.Section 0.91 of the rules was sVMMARn ne Nuclear Regulatory des dlines apply, contmued operation E

amended to reflect a transfer of function Commisska Ais amendngits would violate the license condities.

E from the Common Carrier Bureau toL {he..

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' P d 8 8 ' d-The violation would extend o=ly =stC 5'

Private Radio Bunau (45 FR 25399. April Completion schedules for certain Ere the Enal rule becomes effectifs smos b

protection features in operating nuclear the implementation schedule con:ained 5

~_ 15.1980k plants pendag compleum b h bl4 wiD supM comprehensin En pmteen,ofits ongmng inconsistent license conditions.

E 2.Section 0.91 cf the ru!cs was also

.-_cmended by order. FCC 79-aa2.

e mleased March 7.1980, to reflect the -

' rulemaking.This suspension is The Commission has deten=ined.

E recrganization of the Common Carrier -- necessary because some NRC b.censees. based upon a review of the en: ire.ecord 5

in this rule =aking. that relief froc these 5

_ Bareau. Through inedvertence, our

""",",*ha'u n'deadbpj,otecton license conditions is approp; fate

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Order of April 7. amended the language pj ge ggg

- cf the rule prior to its having been licensd cuehns. The Camissim pen ing promulgation of the fbalmle on 5

._ amended by our Order of March 7.1980 has found that fire Protection measures

' licensees. Extensive fin protecncefi E

h*h'$",y,dgi (45 FR461s1. March 13.19a0).

te be

.E d6 o he g measures have alnady been 0.s11s amended as set forth in the and safety interest would be served by implemented at all operating plan:s.The g

3. To correct this situation. Section attached appendix. to amend the forcing certain licensees to shut down imp ementaum schedule of & E=al g

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& brief riod between h rule will be uniform and comprehmsfre.

gg cu.rently efIective language of the rule.

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li e con & tion deadlines and the and will apply to all operating pla:1s E

yederal Communications Commission.

._ effectiveness of the !!nal Bre protection ng those wi6 6Hennt sch,edules g

nc u iSecs. 4. 3c3. 48 Stat as amended. 3086. 20s: -rule.

.~. fu(Ifcheal 4r US.C.154,3c3).

saf tyin t uld EFFECT1vE DATE: October:9.1980.

DD IA'iIC8' e served by forcing only those 5

FOR FURTHER INFoRMATION CONTACTt ljcensees unable to meet" dead.'fass E

5'c" *77~

1. ~

William Shields. Office of Executive preceding the effectiveness of theina3 '

E Part o of Chapter I of Title 47 of the Iagal Director. U.S. Nuclear Regulatory rule to shut down for the b:ialintrim.

EE Code of Federal Regulations is ' amended Cm=ission. Washington D.C. 20555.

l cs follows:

phone 301-492-4696.

To the contrary, the fire pro:ee:fon f

measures already implemented gin E:

In 10.91 the introductory text is SUPPUMENTARY fMFORMATION:On May reasonable assurance that all ope: sting 5E revised to read as follows:

29.1980. the Conunission published in

• nuclear plants may continue to oprate EE

! 0.91 Funeuena of trw surseu.

~ h Federal Register (45 FR 38082) a

-safely even though the finalmle wC1 Ei Notice of Proposed Rulemaking entitled require additional Bre protection E

The Common Carrier Bureau

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

E develops,reemmends and administers Plants Operating P:ior to January 1.

The AdministrativeProcedure A:t EE j

policies and programs for the regulation 1979. The proposed rule provided that provides that a rule may be effectin E

ci servrees. !ac.:!1 ties, rates and practices all fire protection modifications except

. upon. publication when tliat rule "pn3s EE of entities 1 excluding public coast alternate or dedicated shutdown or recognizes an exception erreliens a EE i

statinns in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)(1). nis rule 5

which furnish interstate or foreign implemented by November L 1980.

relieves certain NRClicensees froc

E communications service for hire-j whether by wire. radio. cable or satellite.unless the Commission approve an.. license conditions or technimt

. EE extension for good cause,This deadline s facilities-and of ancillary operations was also stated in the Commission's

• ' specifications thereto in regard to fre 5

protection implementation desdhnen.

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related to the provisions or use of such May :7.1980 Memorandum and Order and will therefore be effectin uponthe EE services.TheBureau also regulates the on the Union of Concerned Scientists

-date of publication in the Fedusal EE l,

rates. terms.and conditions for cable Petition for Emergency and Remedial Register.Furthermore as noted abere, f@

television and pole attachments, where Action.11 NRC 707.719.

the proposed rule statred that ex1-a==

such attachmen: rare not regulated by a Many of the comm:nters on the from the November t deadline we.-2d be h=

state and not provided by railroads or proposed rule contended that the considered for good causc.Extensin nE sovemmentally-or cooperatively November i deadline v:a unschievable. public comment was received to the 55 ewned utilities.The Bureau also Moreover.much more time than was e!Iect that the deadline was unrealstic jg c==

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EE 715f0 Fcders! Register / Vd. 45 N3. 11 / Wedn:sd2y. Octhr 29,1980 / Ruhs and Regul.tfons

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5 and should be revised.Under,these jg circumstances the Commission believes 5=

that there is good cause for an extension

E of the license condition schedules 5

pending e!Tectiveness of the finalrule on Sre protection.

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The rule provides that all compliance EE dates contained in license conditions or EE technical speci!! cations for required fire

_5 protectica measures are suspended E

pending further action by the 5

Com=ission. As is clear from the above

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discussien. dat further action wi!! be promulgatics of the Anal rule on fire 5

' tection.The f*ammisalon intends that Z

ees aLeted by this rule should g;

ase best efferts to complete all required

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measures as sooo as possible despite y'

the suspension of the deadlines for this

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brief period.

EE Pursuant to the Atomic Energy Act of EEE 1954. as amended, the Energy

. Reorganiza:fon Act of 2s74 as amended.

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and Sections 55: and 353 of Title 5 of the EEE

~ United States Code, notice is hereby E

given that the following amendment to 2::

l Title to. Chapter I. Code of Federal EEE l

Regulatiens. Part 50. is published as a 5h document subject to codi5 cation.

5:is:E PART 50--DOMESTIC UCENSING OF EEE PRODUCTION AND UTI'EATION 2-~j FAC!UTIES

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

iso.as Fire protection seewdules.

To the extent dat acy facility's.

license conditions or technical spec!!icatiens incorporate compliance dates fer modifications necess'ary to provide fire protection features proposed bv a.!!censee and accepted by the NRC staff as satisfying the

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provisions of Appen !!x A to Branch Technical Positien BTP/APCSB 9.5-1

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and reflected in NRC staff Fire Protection Safety Evaluation Reports issued prior to the effective date of this rule, those dates are hereby suspended pending further action by the Com=1ssice (Sec.1etb. Pub.14w as-rcs. as Stat. see: Sec.

m. Pub.14w 23-438, as Stat. u(2 [t2 U.S.C.

==n(bl. sa4tli Dated at Washington, D.C. this 2rth day of October 1980 For de Nuclur Regu!stery Canuaission.

Samuel C. Chak.

l Secrete:y olde Conurutsion.

[71t Dec. so. usa read ie.an.am itse am!

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