ML20002B141

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Completion Date for Previously Approved Effective Fire Protection Mods,Effective 801029.Rule Will Be Superseded by Pending Revision

ML20002B141
Person / Time
Site:	Point Beach
Issue date:	11/18/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Burstein S WISCONSIN ELECTRIC POWER CO.
References
TAC-11079, TAC-11080, NUDOCS 8012090516
Download: ML20002B141 (5)

Text

-m j d':' e * -

y 4

v.

}

1. [hn na UNITED STATES -

h B

R q

m g

. c.

[

. A},

L3yC g) 1,Q

{u,

. NUCLEAR REGULATORY COMMISSION

)

s.

C MP

-G

,E:

WASHINGTON, 3. C,20555 j/

November la, 1980 pi-Iv* *

• s sq c:J l

iBocket Nos. 50-266 EnP W

iEQ 7

and 50-301

]

' e5 N

g Mr.-Sol Burstein Executive Vice President Wisconsin Electric Power Company -

231 West' Michigan Street Milwaukee,. Wisconsin '53201

Dear Mr. Burstein:

As you know, a proposed Sectio'n 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..'8 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 avaluation 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 comp,letion-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 To the reviewed 'and approved'by the NRC staff prior to implementation.

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

%s _ 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 infortnation. This rule will be superseded by the revised rule when it'becomes effective.

\\

1

&W

T

!~

~

i

-.2.-

?. -.

i.I In: the near future, w'e plan'to contact you to identify specifically which, fire _ protection features associated with your facility are covered i

by Appendix R and would thus' be subject-to one. set of schedules, and.

i.

~ which are previously; approved items which are covered-by a different

~

. set of. schedules.-

j

incerely, l

l arre G.

isenhu;,

or Division o. Licensing

Enclosure:

A:: stated 4

cc w/ enclosure:

See next.page h

4 4

t F

t

(.

e 4

e 0

.f~

3

e ;.

^'

~

lir. Sol Burstein e

Wisconsin Electric Power Conpany cc: Mr. Bruce Churchill, Esquire -

Mr. Wil.liam Guldemond Shaw, Pittman,:Potts' and Trowbridge -

CSNRC Resident Inspectors Office

.1800 M Street, N.W.

6612 Nuclear. Road Washington,-. Di C.

20036 Two Rivers, Wisconsin 154241 Joseph Nann Library-1516 Sixteenth Street Two Rivers,.Wisco'nsini 54241'.

Mr. Glenn A. ' Reed, Manager Nuclear Operations Wisconsin Electric Power Company

~ Point Beach : Nuclear Plant 6610 Nuclear Road Two Rivers, ' Wisconsin '54241 Mr. Gordon Blaha.

Town Chairman Town 'of Two ' reeks Route 3 Two Rivers, Wisconsin 54241 Ms. Kathleen M. Falk General Counsel Wisconsin's Environmental Decade -

302 E. Washington Avenue

. Madison,. Wisconsin 53703 Director, Tech'nical Assessment Division Office of Radiation Programs (AW-459)

U..~S. Envi ronmental. Protection - Ag'ency Crystal Mall #2:

. Arlington,~ Virginia 20460-U. S. Environmental Protection Agency Federal-Acti.vities Branch -

Region V ' Office-

. ATTN: EIS C0ORDINATOR-230 S. Dearborn Street Chicag; Illinois D.60604 Chairman Public Service Contnission of Wisconsin Hill. Farms State Of' ice Building.

Madison," Wisconsin-53702-

.t 8

!L

_( -

2 :::

= i.-

"L-2- ^ - ' -

1

• Feler:1 Regist:r / Vd. 45. No. 2n. / Wcdnesday. October 29, 1983 / Ruics anJ Regul:ti::s n 569

'b g

E pchlished on October 1.19K (5 F A

- pe-forms the follow-;ng specific earlier anticipated has hsn reqsirce' to

- 64949.The corrected 10.91 h published functions:

prepare a Snal rule on fee prutecie s i

below.

Although the finalrule is nec i

- crrtcTivt DATc April 18,1980.

.gno.su m m as.aaan..!

comp edm and willinco.porate as E.

se u.o coot ms e Implementauan schedde diffen::t from F, -

ron rustaen au nuanos conrracn Robert p. De Young. Private Radio that in the prmsed rule.it h.as :ct yet 5

Bmau, (2c2) 632-7175.

been puuishe : andin any even:would U

oct be effecllve until 90 days attr

[.

oomrsr: Federal Communicatlons publicadon.

.r III

,1 Comunis s ion. Wa s hing ton. D.C. 20554.

Certalti NRC licensees. however. an 3i i sWPPLEuterrA RY INPOMuATioN:

O CFFt Part 80 at present operall underlicense f

l In the Matter of amenament of Part a conduc.a or techn ca! spectScarone I;

to transfer authority for common carrier Fire Protection Schedules for thereto which indude the Novemaer 2

- metiers invohing public coast stations Opersting Nuclear Power Plants deadline or other dates whids wo,

g

'o the Private Radio Buresu.

precede the effecti

• date of the Enal E

AoENcY; U.S. NJdear Regulatory rule.To the extent '..it these lice: sees t

=

Keleased: August 19.1980.

Commission.

have been unable to complete ~allof'the 5

1. In the Order in the above-captioned Acnox: Final rule.

. fire protection measures to which these 5

~- matter. FCC 80-179 released Apnl 7 deadlines apply, continued opera ios E

1 nac. Section osi of the rules was svuuany:The Nudear Regulatory would violate the license conditicss.

E amended to renect a transfer of function Co==1ssion (NRC)is ameding its from the Cemrnon Carrier Bureau to the nplat, ns to tmporarDy suspent ne violaUon wodd extend c=ly ratC E

~

the final rule becomes effe:tive, sisce E

compleb n scheddes for certain fire Pnvate R, adio Bureau (45 FR 2539s. April pr tection features in operating nuclearthe implementation s:hedde con:ained E'

15.19s0 in the final rule will supersede 5

2. SecIion 0.91 of the rules was also ;1 ants pmdyg compleUon,ofits ongoing. inconsistent license conditions.

E2

-scended by Order. FCC 79 48.2.

' ec=prehmsin,nn protect 2on ne Commission has detercuned.

53 released March 7.1930. to refiect the

[o [

b d

i fh e D. cesees... as,e upon a rev ew o t e en:in e::ordg h

ree genization of the Common Carrier In tms rulemakin4 that relief d c= these

._Bunau. Through inedvertence, our (tQ'

'je*3 des Q

license conditions a appropriate

{

pr Order of April 7. ama,ded the language cf the rule prior to its having been 1; censed conditions.The Commission pending promulgatio.: of the S=alrde on g

amended by our Order of March 7.1950 3,, f,.ed Get na protectie masuns fire prot 2ction app!! cable to aE NRC (45 FR le191. March 13.1980).

alnadyimplemented give reasonsble beenneshtensin an protecahe g

gq 3.To correct this situation. Section

. assurece of safaty, and that no health messuns have almady been g

une at an openhg Namsme 0.911s ameoded as set forth in the ud safsty interest would be served by

==

forcing certa:n licensees to shut down implementation schedule of the fi:al a,ttached appendix to amend the d4 6e Uef puiod betwem de rule will be uniform and comp thess!vs.

g curnntly effective language of the rule, li:ense condition deadlines and the

• *d *III *EPIY I* "II *PII*8 P "'l' I-E Tedm! Communications Commission.

- e5e:Uveness of the finalfire protection induding those with ditierent s.hedws g

d c "'

, d e.

. [e,j

!se:s. a. m. 4s stat, as amended.1cee.1oes b

b r

~

nd saf te 47 LLS C-M4. Wi-r.rrt:Twe onTt: October 29.1980.

erved by forcing only thor.:

El E *= I E c^ rice-ron runTwen tsronuAriow cowTAcT:

licensees unable to meet d.adlines Ei

&ctre y.

t-wilijam Shields. Once of Executive preceding the effectiveness of the.*.nal

M Part 0 of ChapterI of Title 47 of the I.egal Director. U.S. Nuclear Repla tory rule to shut down for the briefinteim.

Es Code of Federal Regulations is'a= ended Commission. Wa shington, D.C. 20555.

To the contrary, the fire pro:ec:$o:

5 as follows:

psone 301-4S2-8696.

measures already !=plemented give g.

In 5 0.91 the introductory text is SUPPt EMENTARY INFORM ATion:On May reasonable assurance that all operating

==::

revised to read as follows:

29.1980. the Commission published in

• nudear plarts may continue to ope ate 5

the Federal Register (45 FR 36082) a

-safely even though the final rule wCI EE 5 c.st Functions et the Bureau.

Notice of Proposed Rulemaking entitled require additional fin protection M

The Com. mon Carrier Bureau

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

EEi develops, recommends and administers P: ants Operating Prior to January 1.

The Administradve Procedum Act 5!

policies and programs for the regulation 1579.The proposed rule provided that provides that a rule may be efecth E.;

cf services, facilities, rates and practices at fire protection modifiestlons except

. upon publication when that rule puts E

of entitlee tercluding public coast alternate or dedicated shutdown or recogn!zes an exception er relletu a E-sialiena In the maritime mobile service) capability would be required to be restriction. 8 U.S.C. RS3(d)(1) his rule M

which furnish interstate or foreign implemsnied by NoWrnbet 1.1960, relieves certain NRCliconaeos he:

.Y f;

cemmunications service for hire--

uraess the Commission approve an licenso conditlens or technl:al whethe-by wire. radio, cable or sa tellite extension for good cause. This d. ad!!ne spee!!! cations thereta in ngard to tre 55 facililles-and of ancillary operatiens was also stated in the Commission's protection implementation deadlinsa.

E~:'

related to the provisions or use M such May 27.1980 Memorandum and Order and will therefore be effective epor.the 55 5 services. The Bureau also regulp. the on the Union of Concerned Scientists

-date of publication in the Fedecal EiE rates. te ns,and condition. nor cable Petition for Ernergency and Remedial Register.Furtherrrore, as noted aircre, jM te:evision and pole attachments, where Action.11 NRC 7n7. 719.

the proposed rule stated that eactensions 8==

sah attach rents are not regulated by a Many of the commenters on the from the November 1. dea dline wo.*d be 3

s: ate ar.d not provided by railroads o.-

preposed rule contended that the considered for good cause. Extenstre E5 govemmentally--cr coopera tively November i deadline was unachievable. public comment was received to the F.Ei!

owned utilities.The Bureau also Moreover. much more tirre than was effect that the deadline was unrealst.c E55 D%

C

'O W bO W)

EEE

==

s

.m

~

Rides and Regulations i

715f0" f:d r i Register / V 1.45. N:.212 / Wednes' day. Octe,ber 29,1980 /

i these L

and should be revised.Under'n believes drcwnstances the Comtnissio g

. hat there is good cause for en extension y

of the licer.se conditlen scheddes 8:

pending e.!ect!veness of the finalrds on E

fire protection.

i Tne rde provides that all compliance

. dates ce;.tained in license conditions er E

technical specifications for required fi.e E

protection =easures are suspended 5

pecding frther action by the E

Co==1ssion. As is clear from the above E

discussiec, that further a ction will be E

prc=dgaten of the final rde en fL*e E

protection.Tne Commissionintends that E

licensees eL cted by this rule should i

use best e."o-ts to complete all required g

measures as soon as possible despite E

3 the suspecsion cf the deadlines for this brief period.

h Pursuant to the Atomic Energy Act of f

19M. as amended, the Energ-f i;

Reo ga.1:stion Act of1674, as amended.

F and Sect!cns 552 and 513 of Title 5 cf the E

United States Coda, notice !s hemby h

riven that the fo!)owing amendment to p:

I Title Ic. Cnepter 1. Code cf Federal Regdations. Part 50 is published as a 5

cocument subject to codincation.

g PART 50-DOMESTIO LICENSING OF E

PRODUOTION AND UTIL ATION

.E

.E FACILITIES

.

1. A aew Seetion 50.48 is added to EE read as fo'iows:

E EE g

{ So.48 Fi e protection setsedules.

To the extent that any facility's.

35

- licecse cc ditier.s or technical

.=f spec!!icaticas in: porate compliance

g dates fer =cdific.. tons necersary to EE provide fire protection features E

proposed by a licensee and accepted by the NRC sta'! as satisfying the

.=._ E preds!cns of Appenix A to Branch E

Technict. pcsitien BTF/APCSB 9.5-1 g

and reflec:ed in NRC staff Fire EE Protectie-Safety Eva!uation Reports issued prict to the effective date of this EE.

rule. those dates are bereby suspended

1. 2 pening frihet action y the E::

S Co==issic:.

M (Sec. In b. hb. La w 83-r::3. 88 Stat. s44: Sec.

EEE.

]

Oct ht. La w W38, 84 $ta L 12(2 [42 U.S.C.

=::-

227' D). 5641])

==

Dated at WashL9ston.D.C. this 2rth day of 5

Octcher 1sM

~~.=~

For the.W: lear Regulatery Com:nission.

5Eh Samuel C. Ch3;.

Secn::. c'Oe Commissian.

~ - ~

E In cw r-ua rue so a.a2 sess a.)

au,o coc< n-m

==

5 u

] ^

NE Q

j p

- 'l

. n 3

y---

U J

.3.

Av j

3 g.:.

.=-

E! ~