ML19351E807

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

ML19351E807
Person / Time
Site:	Dresden
Issue date:	11/06/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Abel J COMMONWEALTH EDISON CO.
References
LSO5-80-11-010, LSO5-80-11-10, NUDOCS 8012190342
Download: ML19351E807 (6)

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g UNITED STATES NUCLEAR REGULATORY COMMISSION o

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d Docket No. 50-10/237 o,

LS05-80-ll-010

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Mr. J. S. Abel h

k Director of Nuclear Licensing S

w Commonwealth Edison Company Post Office Box 767 Chicago, Illinois 60690

Dear Mr. Abel:

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 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 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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Mr. J. S. Abel 2-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, ac >_

Darrell G. Eisenhut, Director Division of Licensing

Enclosure:

As stated cc w/ enclosure:

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Mr. J. S. Abel November 6, 1980 cc a*

Isham, Lincoln & Beale Department of Publiciiealth Counselors at Law ATTH: Chief Division of One First National Plaza, 42nd Floor Nuclear Safety Chicago, Illinois 60603 535 West Jefferson Springfield, Illinois 62761 Mr. B. B. Stephenson Plant Superintendent Director, Technical Assessment Dresden Nuclear Power Station Division Rural Route el Office of Radiation Programs Morris, Illinois 60450 (AW-459)

U. S. Environmental Protection Agency Natural Resources Defense Council Crystal Mall #2 917.15th Street, N. W.

Arlington, Virginia 20460 Washington, D. C.

20005 U. S. Environmental Protection U. S. Nuclear Regulatory Comission Agency Resident Inspectors Office Federal Activities Branch Dresden Station Region V Office RR fl ATTN: EIS COORDINATOR Morris, Illinois 60450 230 South DearDorn Street Chicago, Illinois 60604 Susan N. Sekuler Assistant Attorney General Dr. Forrest J. Remick Environmental Control Division 305 East Hamilton Avenue 188 W. Randolph Street State College, Pennsylvania 16801 Suite 2315 Chicago, Illinois 60601 Morris Public Library 604 Liberty Street Morris, Illinois 60451 Chairman Board of Supervisors of Grundy County Grun@ County Courthouse Morris, Illinois 60450 John F. Wolfe, Esquire 3409 Shepherd Street I

Chevy Chase, Maryland 20015 l

Dr. Linda W. Little t

l 500 Hermitage Drive Raleigh, North Carolina 27612 1

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• Tcietal Resister / Vol. 45 No. n1/ Wednesday. October 29, 1980 / Rules anJ Regulatio=71569

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published on October 1. 3980. 45 FR performs the following speedic earlier anticipated has been regdred to e4949. De corrected i O.93 is published functionr

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prepare a final rule on fire prote: tion.

Although the final rule is near arncT!vE oATE: April 2a,1980.

PWD=*anow m aee I completion, and wW laco:poeste as t

ron ruwTwe;t imponsaanoes costrAcT:

DN""" 00 0" b Robert P.De Young. Private Rada.o that in the proposed rule.it has not yet

-- 7 been published and in any ennt would Bunau, M N Aconess: Federal Communications YCt. EAR REGULATORY ut be effectin untU 90 days afta Commission. Washington D.C.23554.

publication. -

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Certain NRClicensees.howevu, are SUPPt.EMENTARY INPotasATHHc

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0 CFR Part 50 conditions or technical specz5catons In the Matter of amendment of Part a at present opersting underlicense to transfer authority for -- carder Fire Protection Schedules for thereto which include the November 2 t

- matters involving public coast stations Operating Nuc!aar Power Plants deadline or other dates which wCI,

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to the Private Radio Bureau, l!j -

R*3**"* ^*8'at 1s. 2 sea Comnussion.

rule. To the extent thaMhese licasens i

1 Asawev:U.S.NuclearRegula oU precede the effectivedate of the Anal l

2.In the Orderin the above-captioned Acnoec Final rde.

have been unable to completa aDof the 5

J matter.FCC 80-179 released April 7 fire protection measures to which these i-1980.Section 0.91 cf the rt!=s was 7"'aaAmT:ne Nuclear Regulatory deadlines apply, contmued opers:!au amended to reflect a transfer of function

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. from the Common CarrierBureau tcLthe. ngulades to temporanly suspent The violation would extend e y= tc 5:

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Private Radio Bureau (45 FR ?.5399, April completion schedules for certain fire the Enal rule becomes effettre, s:nce 5

protection features in operating nuc! ear the implementaGon sehdde con:amed E

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2. 5ection 0.91 of the rules was also.

p ants pen &ng compledon ofits ongoing b b nulmle wm sWe E

inconsistent license conditions.

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-amended by Order. FCC 79-aa?

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e The Commission has detere=ned.

E' released March 7,1980, to renect the E

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recrganization of the Common Carrier " "*** ** U

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• in this rulemaking. that relief froc these 5

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Order of April 7. amended the language nd b IIC838' C ndidons le appropriate

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- cf the rule prior to its having been Ecusd condium Th Commissim pen ing promulgation of the fbalrule on

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

' lift pr t*Cti n 8pplicable to aC NIC

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(45 FR-26191. March 23.1980).

already implemented give reasonable beenms.Extusin fire protecsac g

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. assurance of safety. and that no heelth messuns have almady been 03 tis amended as set forth in the and safety interest would be served by im % m en at r8 opernung plamsJne g

attached appendix, to amend the foremg certain licensees to shut down imp metauon sclidale of the 5:al g

5 cu rentlyeHectivelanguageof therule.

during the brief period between the rule will be uniform and comprehensive, license condition deadlines and the and wm apply to an oper,athig pla:ts gg.

Feden! Co=munications Commission.

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., efectiveness of the final fire protection

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es (Se=s. 4. 3c3. 48 Stat., as amended.1066. tos::

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co C MW 3031-EFFECT!YE DATE: October 29,2980.

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th JEcarim, be served by forcing only those f5 A ~i-

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rom runTHER turoaMATION CONTACT:

licensees unable to meet dead!fnet b

Wi!!!am Shields. Office of Executive preceding the effectiveness of the "sa!

5 Part 0 of Chapter I of Title 47 of the legal Dinctor U.S. Nuclear Regulatory Code of Feceral Rgulations is ' amended Commission. Washington, D.C. 20535, rule to shut down for the briefinte:im.

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cs follows:

phone 501-492-8696.

To the contrary, the fire protecciar.

E measures already implemented. gin In 1031 the introductory text is s Jenzuzm rAny tieromuAnone On May reasonable assurance that an opeating E

nvised to read as follown 29.1980, the Commission published in

• nuclear plants may continue to ope ate EE f o.st w_ of ttw swesin-

' the Federal Register (45 FR 36082) a

-safely even though the finalrule tr71 EE Notice of Proposed Rule =aking entitled require additional fire protection E

The Com=en Carrier Bureau l' Fire Protection Program for Nuclear measures at many plants.

EE d:velops. recommends and admuinters policies and programs for the regulation Plants Operating Prior to January 1.

The AdministrativeProcedure Act 5

1979."The proposed rule provided that provides that a rule may be effectin 5

c<f servrees. facilities, rates and practices au fire protection modifications except

. upon publicadon when tiiat rule "g ants EE cf entitiertexcluding public coast alternate or dedicated shutdown or recogni:es an exception erreliens a EEE st:ticas in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553(d)(1). This rule 5

which fu=ish interstate or foreign implemented by Nuvember t,1980.

relieves certain NRClicensees froc

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cnmmunications service for hire-unless the Commission approve an

. _ license conditions or techmcal

, EE whether by wire. radio, cable or satelUte extension for good cause.This deadline - specifications there 5

facilities-and of anciUary operations was also stated in the Commission's protection implementation deadhnen.

EEE related to the provisions or use of such May:7.1980 Memorandum and Order and will therefore be effective apo:the 5

sirvices.TheBureau also regulates the on the Union of Concemed Scientists

--date of pub:ication in the Fedmeal rates. terms.and conditions for cable Petition for Emergency and Remedial Register.Turthermore,as noted ebeve.

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Wevision and pole attachments, where Action. 22 NRC 707. 719.

the proposed rule stated that extensions g

such attach =m:s are not regulated by a Many of the commenters on the from the November 1. deadlise wo '.d be

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siste and cet provided by railroads or proposed rule contended that the considered for good cause. Extensne l

3:vernmentally-or cooperatively November 1 deadline was unschievable. public comment was received to ths

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owned utilities. The Bureau also Moreover, much more time than was efTect that the deadline was unrealstic EE I5

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Fcderal Register / Vcl. 45. No. :21 / Wednesday. Oct.hr :9.1980 / Rtdes and Reguhtfons 3

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and should be rwised. Under,these

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E circumstances the Commission believes

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that there is good cause for an extension of the license condition schedules

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pending effectiveness of the final rule on

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fire protecnon.

s-The rule provides that a!! compliance EE-

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dates centained in license conditions er EE

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protection :nessures are suspended a

EE pending further action by the EE t%-mi<sion. As is clear from the above E.

discussion. tha t further action wi!! be promulgation of the finalrule on fire. '

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protection.The the*=ionintends that

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hcesseesafkcredb> this rule abould e

use best eforts to co=plete all required EE

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y' nessures as soon as possible despite

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Pursuant to the Atomic Energy Act of

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Rectsanization Act of 2f'I4.as amended.

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and Section 352 and L::3 of Tale 5 of the

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given that the foUowing amendment to Title 10. ChapterI. Code of Federa!

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EEE Regulations.Part so,is published as a docu=ent.ssbject to coitication.,,

E5 PART SC-30MESTIC UCENSING OF PRODUOTION AND UTI:.!ZATION -

FAC!UTIES

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l'i nen Section 50.48 is added to

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read as foDows:

f 54.48 Firs protection schedules.

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.To the extest dat a=y facility's.

license conditions or te:hnical

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specificatic s In:crporate compliance dates for =cdifications neccesary to profile'!ireprote: tion features

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proposed by a licenser and ac:epted by theNRC staf as satisfying the a

provisions et Appendix A to Branch.

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and refie:ted in NRC staff Fire

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Issued prior to the eHe:tive date of this 2

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rule. those dates are hereby suspended L

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(Sec.1eth. Psh.14d 83-?:3. es 5:st. S:J:Sec.

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201. Pub. t,a w 33 438, as Stat.124 [4 U.S.Cr 2

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Dated at V.'ashington. D.C. this :7th day of October 1983

" For the.%: lear Regulatery Commissiot 2-Samuel C. CE:k Secre:.:.ycld'e Commission.

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