ML20002B138

Forwards Interim 10CFR50.48,suspending Completion Date for Previously Approved Fire Protection Mods,Effective 801029. Rule Will Be Superseded by Pending Revision

ML20002B138
Person / Time
Site:	Maine Yankee
Issue date:	11/14/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Groce R Maine Yankee
References
NUDOCS 8012090511
Download: ML20002B138 (5)

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UNITED STATES IU i

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8 NUCLEAR REGULATORY COMMISSION d ?,

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Docket No. 50-309 Mr. Robert H. Groce Senior Engineer - Licensing Maine Yankee Atomic Power Company 25 Research Drive Westboro, Massachusetts 01581

Dear Mr. Groce:

Ar you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Cwnission 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 covend 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 completior, etes discussed i-t he SER for your facility may be associated with modifications for which the NRC staff requ' red 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 firr, 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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In' the nea-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.

'ncerely, Y &l())

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1senlut, Director Division of Licensing

Enclosure:

As stated cc w/ enclosure:

See next page 1

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9-m Maine Yankee Atomic Power Company-e fL M. f we c

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Mrs. L. Patricia Doyle, President E. W. Tnurlow, President SAFE POWER FOR MAINE j

Maine' Yankee ~ Atomic Power Company Post Office Box 774 Edison Drive Camden, Maine 04843 Augusta, Maine 04336 First Selectman of Wiscasset

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Mr. Donald E. ' Vandenburgh Municipal Building Vice President -' Engineering.

U. S. Route 1 Yankee Atomic Electric. Company Wiscasset, Maine 04578 20 Turn,ike Road Westooro, Massachusetts 01581-Director, Technical Assessment Division i

John A. Ritsher, Esquire.

Office of Radiation Programs Ropes & Gray ~

(AW-459) 225 Franklin Street-U. S. Environmental Protection Agency Boston, Massachusetts 02110 Crystal Mall #2 Arlington, Virginia 20460 Mr. John 11.

P.. Pater on Assistant Attorney General U. S. Environmental Protection Agency State of Maine Region I Office Augusta, Maine 04330 ATTN:

EIS COORDINATOR JFK Federal Building r

Mr. Nicholas Barth Boston, Massachusetts 02203 Executive Director l

Sheepscot Valley Conservation Stanley R. Tupper, Esq.

Association, Inc.

Tupper and Bradley P. O. Box 125 102 Townsend Avenue Alan, Maine 04535 Dbothbay Harbor, Maine 04538 Wiscassett Public Library Association David Santee Miller, Esq.

hich Street 213yorganStreet,N.W.

Wiscasset. Maine 04576 Washington, D. C.

20001 Mr. Torbert H. Macdonald, Jr.

Mr. Paul Swetland

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Office of Energy Resources Resident Inspectnr/ Maine Yankee State Mouse S ation =r,3 c/o U.S. NRC August, Maine 04u3 P. O. Box E Wiscasset, Maine 04578 Robert M. i. azo, Esq., Chairman Atomic Sa ety and Licensing Board Mr. Charles 3. Srinkman d

U. S. Nuclear Regulatory Comission Manager -. Washington Nuclear Washington, D. C.

2000o Operations C-E Power Systems Dr. Cadet H. Hand, Jr., Director Combustion Engineering, Inc.

Bodega Marine Laboratory 4853 Cordell Ave., Suite A-1 University of California Bethesda, Maryland 20014 Bodega Bay, California 94923 i

Mr. Gustave A. Linenbcraer Atomic Safety and Licensing Board State Plannino Officer U. S. Nuclear Reculgtorv Co r:

Executive Department 1ssion Washington, D C.

400so State of Maine 189 State Street Augusta, Maine 04330 r

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• Tcieral Register / Vol. 45. No. 211 / Wednesday. October 29. 980 / Rules anJ Regulatio:s n568 i

published on October l.1980. 45 FR performs the following speci}ic

, earlier anticipated has been regdruct to IW949. The corrected i 031 is published functions:

prepare a final rule on n:e peola: nom. -

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Although the naalrule is ass-Emenvr oAtt: April 18.1930.

fra on. m.ame ru.d is.aw eo.-l ccmpletion, and wW inco porctean frnplementauon schedule diHere=t from wu.a.ocoots m s-.

FOR FURTHER INFORMATION CONTACM

. Robert P.De Young. Private Radio that in the proposed rule.it has sol yet.

been published and in any enntwould ADDRESS:Feoeral Communications Npci. EAR REGULATORY n t be eHecun imh days ahme Commission. Washington D.C.20554.

COMMISSION P

Certain NRCb.censees.howeve, are EUPPI.EMENTARY INFORM ATioN:

O CFR Part 50 ~

at present operating under license i

in the Matter of emendment of Part 0 conditions or technical speci5catona to transfer authority for common carner Fire Protection Schedules for thereto whichinclude the Novesser 1

.- matten involving public coast stations Operating Huclear Power Plants deadline er other dates which wC,

• o the Private Radio Bareau.

AcEnct U.S. Nuclear Regulatory precede the efective date of the final Relsased: Aupst 29.1980.

Corcmission-rule. To the axtent that-these lice = sees have been unable to complete aD otthe

1. in the Order in the above. captioned AcTmc Fmal rule.

_ fire protection measures to which these

- :=atter. FCC 8M79 released April 7.

1saa. Sect;on OSI of the rules was muugThe Nud,earRegulatory deadlines apply, contmued opera *ica

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arnended to reflect a transfer of function Comngste (NRC)is an'edag its would violate the license conditi:ss.

from the Common Carner Becau to the ngulatmas to temporarah suspmd The violation would extend o=ly entC the fmal rule becomes eHective, s5cc Private Radio Bureau (45I'R 25399. April e mpletion scheddes for certa,m fire 15 IS80).

pr ectenlestuns in operaung nuclear the implementation schedde cor.-d b Section 031 of the rules was also plants pud g co=ple'am chts nngoing in the final rule will supersede inconsistent license conditions.

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The Commission has deterrleed.

a mended by Order. FCC 74-422.

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released March 7.1980, to reflect the re: ganization of the Co= mon Carrier -

necessary because some NRC licensees - " m"e.a.

3mau. nrough inadvertence, our are unable to meet fire protection s tu ma dat nLeEom 6ese Order of April 7. amended the language implementation deadlines contained in cense c n ons as appmpnate of 6e..le p-ier to its beving been licensed conditions.The Commission pocing pmmulgatma M 6e baye on

~ amended by our Order of March 7.1980 has foun.d that fin protection measures - - fire protection applicable to aC M.,

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licensees. Extensive fire prote the 45 FR4C19L March 13.1980).

7,y,t.a[d tbt.o heal &

measuns have ahtady bets 3."% co rect this situation.Section OS11s amended as set fodhin the and safety interest would be served by impmented at aU opera *.mg plaMie attached appendix, to amend the forcing certain licensees to shut down mp stad n scheda M 6e kal during the brief penod between the rule will be uruform and ecmpnhesive, currently eHective language of the rule.

Lcen.. condition deadlines and the and will apply to all opera'..g placis Tede al Communication's Commissior.

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@ se w ennt nheMes eHectiveness of the final fire protection (se:. 4. 3:a. 4c sist., as amended. tora toea; rule.

_. e nieined in license conditions. N-4713.C. 2R ses).

public health and safety interest would urEcTivE o ATT.:Octcber 29. Isso.

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be served by forcing only those Fon ntRTwEn twronuATion contact:

licensees unable to meet deaGes Se:=F William Shields. Office of Executive preceding the eHectiveness of theina3 Pa-t 0 of Chapter I of Title 47 o!the Legal Director. U.S. Nucle ar Regula tery rule to shut down for the bne! Ste-i=,

Code of Federal Regulations is' amended Commissim. Washington, D.C. 20555.

To the contrary, the fire pro:emio-as follows.

phone 331492-8696.

mear.ures already implemented give in i CS16e introductory textis WPPt.EMENT.4RY fMrORRAaT1oPc On May reaso table essurance that all opersting revised to read as follows:

29.1980, the Conunission published in '

nuclear plants may continue to opnte

' the Federal Register (45 FR 360E2) a safely even though the final rule w"I i c.s1 Funct,ons of t!w Bursau-Notice of Proposed Rulemaking entitled require additional fire protecti m The Common Carrier Bunau

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

develens recommends and administers Plants Operating Pnor to January L The Adctinistrative Procedum A.-t policies and programs for the regulation 1979."The peoesed rule provided that provides that a rule saay be efecthe of servic-c. facilities, rates and p actices a!! fire protectio. modifications except

. upon publication when thatrule "g ants cf entities {sxcleding public coast alternate er dedic4. -! shutdown or recognhes an exception c reliens a statir.nr in the mantime mobile service) capabili*y would be required to be restriction." 5 U.S.C. 55:s(d)(:). ~his ruls v.hich furmsh interstate or foreign implemented by November 1.1981, relieves certain NRC licensees drum i

F t.cmmunications service for hire-tmless the Commission approve an license conditions or technical whetherby wire, radic. cable or satellite extension for good cause.This deadline - specifications thereto in regard t faciteties--and of anciUary operations was also stated in the Commission's protection implementation desh relaled to the provisions or use of such May27.1980 Memorandum and Order and will therefore be effectrre epo-the l

servicet The Bunau also regulates the on the Union of Concemed Scientists

- date of publication in the Fd.-1 rates. terms.and conditions for cable -

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

te'evision and pole attachments, where Action.11 NRC 707.719.

auch attachmezes are not regulated by a Many of the commenters on the the proposed tule stated that extensioc:s L

1 from the November 1. deadhne war.'d be j

state and not provided by railroads or proposed rule contended that the consid: red for good cause.Fxtenshe I

i govemmentally-or cooperatively Novernber I deadline was unschievable. public comment was received to ths L

owned utihties.The Bureau also Moreover.much more time than was effect that the deadlme was imreal:stic

T=s i 715it [ederal Register / V:1. 45. No.2n / W:dr:sday Oct;ber 29.1980 / Rules c d Regdations IG7_ ;

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and should be revised.Under,these circumstances t'ie Comraission believes 3

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D that there is goo:4 cause for an ex&sion pO 9

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1 pening e!!ect2ve, ess of the finalrule ci b;

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fire protection.

==5 Tne rule providt s that all ec=pliance

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dr.tes contained in license conditions or E==

-a-technical specincations for required fire C

protection measures are suspended i

pending fu-ther a etion by the m

Co= mission. As is clear from the above discussion. that further aetion will be E===

8 promulgatien of the fma! rule on ire prote: tion.Tne Commission intends that 55 licensees a.%cted by this rule should use best e5crts to co=plete all required

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measures as soon as possible despite

,n t-the suspension cithe deadhnes for this g

b:ief perioi Irr_..

Pesuant to the Atomic Energy Act cf ne; 1954. as a::endei the E.nergy C

R;organi:ation Act of1970 as amendei

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and Se:*Jons M2 and 553 cf Title 5 of the United States Code, noti:e is hereby

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given that the foDowing amendment to Title 10. Chapter L Code of TederrJ G._.

Repda'. ions. Part 50,is published as a do:- - nt subject to co65:ation.

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PART 50-DOMESTIO UOENSING OF PFODUOT1DN AND UTIUZATION

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FAC!UTIES L A new Section 50.48 is addad to read as lobows:

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! 50.48 Fire protection scheeles.

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j _==i-To the extent th.at any facility's.

license cenitions or technical spee!Scatiens in:orporate compliance dates fer codifications necessary to provide fire protection features E ~:EE proposed by a licensee and a: epted by the NRC sta!!as satisfying the

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prov!siens cf Appendix A to Branch rsF Technical ?csition BTP/APCSB 9.5-1 and rene ted in NRC staff Fire

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Prote:tio:: Safety Evaluation Reports E 3===

issued ;-ict to the effective date of this

_:.=.g rule. those dates are bereby suspended pendn; fether a: tion by the

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(Se:. Icih. Ab. Law f.3-733. 65 Stat. Gat. Sec. 201, ht.1.4 w n-433. M S0 t.1:42 [u U.S.C.

2:01N. 56411)

Dated at Washtngton. D.C. this 2rth day ci

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.For :he N:: lear Regulatety Commission.

Sac 2uelC.C A Seux:::y c.'at Co:vmission.

ar u*s cooe neo-ew s.

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