ML20002B136
| ML20002B136 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 11/18/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | William Jones OMAHA PUBLIC POWER DISTRICT |
| References | |
| NUDOCS 8012090506 | |
| Download: ML20002B136 (5) | |
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION l
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November 18, 1980 j
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Docket No. 50-285 M
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Mr. W. C. Jones Division Manager, Production Operations Omaha Public Power District 1623 Harney Street Omaha, Nebraska 68102
Dear Mr. Jones:
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 tFe NRC staff in a staff safety evaluation report. This latter set of schedules will require completion of mrdifications 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, sud 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 revis'd rule.'
In the interim, pending the effective date of the revised rule, the Commission has approved a ne.1 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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l 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.
$incerely, h
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Darrel1 G. gisehfrut7 nr~ector Division ofvlicensing
Enclosure:
As stated cc w/ enclosure:
See next page
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Omaha Public Power District i
cc:
Marilyn Tebor-l LeBoeuf, Lamb, Leiby & MacRae Alan H. Kirshen, Esq.
1333,New Hampshire Avenue, NW.
Fellman, Ramsey & Kirshen i
Washington, D. C.
20036 1166 Woodmen Tower ana, Nekada M Mr.- Emmett Rogert Chairman, Washington County i
Board of Supervisors Mr. Charles B. Brinkman Blair, Nebraska 68023 Manager - Washington Nuclear Operations Omaha Public Power District C-E Power Systems ATTN: Mr. Spencer Stevens Combustion Engineering, Inc.
Plant Manager 4853 Cordell Ave., Suite A-1 Fort Calhoun Plant Bethesda, Maryland 20014 1623 Harney Street Omaha, Nebraska 68102 Director, Technical Assessment Mr. Dennis Kelley Division USNRC Resident Inspector Office of Radiation Programs P.O. Box 68 (AW-459)
Fort Calhoun. Nebraska 68023 U. S. Environmental Protection Agency Crystal Mall #2 Arlington, Virginia 20460 U. S. Environmental Protection Agency Region V!I ATTN:
EIS COORDINATOR 324 East lith Street Kar.sas City, Missouri 64106 Mr. Frank Gibson W. Dale Clark Library 215 South 15th Street Omaha, Nebraska 68102 Director, Nebraska Department of Environmental Control Post Office Box 94877, State House Station i
Lincoln, Nebraska 68509
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- peieral Regisfer [VOl. 45. NO. 211 / Wednesday October 29, 1980 / Rules anJ Regulations 7 I l n
published on October 2.1980. 45 FR performs the fo!!owing speedic l l 64949. The corrected i O.91 is published W-earlier anticipated has been reqsfred to below.
prepare a final mle on Srs protection.
I Ahhough the final rule is amar i
arrsc rrvu OAtt April 18.1980.
PR D* ** *se nw ma ses ;
cc;pletion. and wiDinco porete an F2R PURTMER INFoRMATION C09tfACTt na m ecaosar m implementation schedu e diferet from j
-Robert P. De Young. Private Radio dat in the proposed rule. it has zet yet
~ 1 Bunau. (202) 532-7175.
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been published andin any ennt would E
AnoRess: Federal Communications --
NpCLEAR REGULATORY not be eHective untu 90 days after E
Commission. Wa shington. D.C. 20554.
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g Certain NRClicensees.bowawr.are 5I suret.aMcNTARY INFORMAT108c O CFR Part 50 'i at present operating underlicense In the Matier of amendment of Part 0 andtions or technical speciScatoes to transfer authority for common carrier Pire Protection Schedules for thereto which include the Novemaer 2 g
E matters involving public coast stations Operating Nuclear Power Plan's deadline or other dates whida wC.
" to the Private Radio Bureau.
g ASawcy:U.S.Nudear Regulatory
[Toth Releewd: Ausust is.ssen.
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w have been unable to complete nD erthe E
1.In the Order in the above. captioned AcTiOsc Final rule.
m:tter. FCC 80-179 released April 7.
. fire prctection measures to which these E
.7-1980. Section 0.91 of the rules was suMr.4Rr:The Nucle,1 Regulatory deadlines apply, contmued opera: ions E
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amended to reflect a transfer of function tommission [NRC)is amendng hs would violate the license conditiena.
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_. from the Common Carrier Bureau tcL the. mguladons to imporaruy mpend.
The violation would extend c=ly =stC 5
Private Radio Bureau (45 FR 23399. April completion schedules for certain fire the final rule becomes effectree, since E
15.1980).
protection features in operating nuclear theimplementation schedde -
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plants pendag ec=ple@n in th Snal rule wDI superude E
comprehensin Em protectm,of ha e.ngoing inconsistent II ense conditions.
E-2.Section DJ1 of the rules was also
- --< mended by Order. FCC 71M8:'
n released March 7.1980, to reflect the m making. His suspension is The Comminion has deten=ined.
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recrganization of the Common Carrier.. neceuary becaun some E h.ansas... based upon a review of the entitt record E
in this rulemaking. that relief from these
_Bareau. Through inadvertence. our g"['
Ih"o' deadline t ed in Heense c ndWonsyappmpriate
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Order of April 7. amended the language cf the rule prior to its having been Ucmed condhns.Th Comminion pending promulgation of the fE=alrule on g-
. amended by our Order ofMarch 7.1980 hasto d that fire
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(45 FR-16191, March 13.1980).
alread implemente giv a
ab cannes.Extmin Era pmtsche g
3.To correct this situation.Seedon assurance of safety, and that no health measures have already been 4
0.9 tis amended as set forth in the and safety interan would be served by
""#'d at aD, operaung 4 Vie g
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a,ttached appendix. to amend the forcing certala licensees to shut down mp emetati n senedale of the fi=al currently eHee:ive la::guage of the rule.
during the brief period between the rule will be umform and co=prehe:sive.
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I cense conditi,m deadlines and the and wiH aph to aH oper,adng pl,a:ts yederal Communications Commission.
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. eHectiveness of the final fire protection nc u ng se w emnt sca,sh g
isecz;4.ses.as stat as amended.20es.10s:: rule.
c IJ.1 C.154.sc3b be saf uld E=
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gpygg.nvr DATc October 29.1980.
be served by forcing only those E
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FOR PURTMER INFOMMATION CONTACTt IICensees unable to mee1ticadlines 5
William Shields. Office of Executive Part 0 of Chapter 1 of Title 47 of the 1.egal Director. U.S. Nuclear Regulatory preceding the effectiveness of the *nal '
-5 Code of Federal Regulations is amended Commission. Washington. D.C.20535 rule to shut down for the brief inte:im.
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es foHows:
phone 301-492-6696.
To the contrary the fire protec::fon E-measures already implemented sin Et in 10.91 the introductory textis suppt.emexTARv twponuATIOrc On May reasonable assurance that an operating EE revised to read as follows:
29.1980. the Commission published in '
nuclear plants may continue to opeste EE I c.s1 Funemona of the sureau.
the Federal Register (45 FR 36082) a
-safely even thcugh the finalrule wC1 EE De Common Carrier Bureau Notice of Proposed Rulemaking entitled require additional fire protection E
doelops, recommends and ar!miMsters
."Fhe Protection Program for Nudear measures at many plants.
g policies and programs for the regdation Plants Operating Prior to January 1.
De AdministrativeProcedure A:t EE cf services facilities, rates and practices 1979.* The proposed rule provided that provides that a rule may be effectne E
au fire protection modifications except cf entitiertexduding public coast alternate or dedicated shutdown
. upo:Lpublication when that rule "g= ants
,, 3EE stations in the maritime mob 0e service)capability would be required to be restriction." 5 U.S.C. 553(d)(1). This rule 5
or recognizes an exception er rulleres a EE which fumish interstate or foreign implemented by November t.1980.
relieves certain NRClicensees froc
. =E communications service forlure-unless the Commission approve an
.. License condit2ons or teel IEE whstherby wire radio, cable or satellite extension for good cause. This deadline -
facilities-and of ancillary operations was also stated in the Commission's
' ' specifications theretoin regerd toIke E
related to de provisions or use of such May27.1980 Memorsndum and Order protection implementation deadhnea.
5 and will therefore be eHective upon the
-EE services.DaBureau also regulates the on the Union of Concerned Scientists
---date of publication in the Federal
-EE rates. terms.and conditions for cable Petition for Emergency and Remedia!
Register.Turthermore, as noted abcee.
M tdevision and pole attachmenta, where Action.11 NRC 707.719.
the proposed rule stated that extennoas
=E sech attachmemrare not regulated by a Many of the commenters on the from the November 1. deadhoe wedd be 5
st:te and not provided by railroads or proposed rule contended that the Fovernmentally--or cooperatively considered for good cause. Extensive 652 twned utilities.The Bureau also November i deadline was unschievable. public comment was received to the M
Moreover.much more time than was eHect that the deadline wes unrsalstic
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713IO" Ieder'! Register / Vct. 45. Nr. 211 / Wcdn:sd:y. Oct;ber 29,1980 / Rul: and Regulations
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E and should be mvised. Under,these
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circumstances the Comrnission believes E=
that there is good cause for an extension of the license condition schedules r
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pendina effectiveness of the final rule on j
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E-fire protection.
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E-The rule provides that all compliance d6tes ec'ntained in license conditions or technict! specifications for required fire g-protection measures are suspended pending further action by the
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_=_r-Co= mission. As is clear from the above discussion, that further action will be
.5 promulgation of the final rule on fire 5
protection.The Commission intends that E
licensees aLeted b> this rule should 5.
use best efforts to complete all mquind 5:
nra. sums as soon as possible despite E
the suspenslo of the deadlines for this EE.
brief period.
g Pursuant to the Atomic Energy Act of 1954, as amended. the Energy
,_=r R.;organication Act of 1974, as amended.
- E-and Sections 552 and 553 of Title r. of the E
' United States Code, notice is hereby E
given that the following amendment to C.
Title 10. Chapter 1. Code of Federa!
5 Regulations. Part 50. is published as a document subject to codification.
PART 50-DOMESTIC UCENSING OF PRODUCTION AND UTIUZATION FACIUTIES
- 1. A new Section 50.48 is added to read as follows:
i 50.48 Fire protection seneevees.
To the extent that any facility's.
license conditions or technical specifications incomorate compliance
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dates for modifications necessary to provide fire protection features proposed by a. licensee and accepted by pronsions of Appendix A to Branch
--l the.N'RC sta!!as satisfying the Technical Position BTP/AFCS3 9.5-1 and reflected in NRC staff Fi Protection Safety Evaluation Reports
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issued prior to the effective date of this rule. those dates are hereby suspended
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pend.ing further action by the
..;;;x Commitsion.
(Sec. tsth. Pub. !aw s3-703. 58 Stat. 944; Sec.
- 0t Pct. Iaw 93-438 as Stat.1242 (42 U.S.C.
Ic0t(bl. 3641))
Dated at Washington.D.C. this rth day of OctoberIsac
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For the Mclear Regulatory Commission.
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Samuel C. Chuk.
Secre:c:yofti'e Commission.
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