ML20002B303

Notifies of Interim Rule Suspending Completion Dates for Fire Protection Mods Previously Approved by Nrc.Fr Notice Encl

ML20002B303
Person / Time
Site:	Oyster Creek
Issue date:	10/31/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Finfrock I JERSEY CENTRAL POWER & LIGHT CO.
References
NUDOCS 8012110298
Download: ML20002B303 (5)

Text

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t ULA gwc jo UNITED STATES 4.-8 NUCLEAR REGULATORY COMMISSION o

j WASHING TON, D. C. 20655 k..**,/

October 31,1980 7b Docket No. 50-219 L

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Mr. I. R. Finfrock, Jr.

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Vice President 0

S Jersey Central Power & Light Company Post Office Box 388 Forked River, New Jersey 08731

Dear Mr. Finfrock:

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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 i

information, such as design details or test results, to be subsequently I

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 l

by the staff as evidenced in a staff safety evaluation report, there is no present implementation requirement; consequently, completion of such items i

l 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.

8012110 N F

Pr. I. R. Fi nf rock, J r. October 31, 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.

incerely, ITfrFer I

isenhut, irector j

Division of Licensing

Enclosure:

As stated cc w/ enclosure:

See next page i

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Mr. I. R. Finf rock, J r. October 31, 1980 cc G. F. Trowbridge, Esquire Gene Fisher Shaw, Pittman, Potts and Trowbridge Bureau Chief 1800 M Street, N. W.

Bureau of Radiation Protection Washington, D. C.

20036 380 Scotts Road Trenton, New Jersey 08628 GPU Service Corporation ATTN. Mr. E. G. Wallace Comissioner Licensing Manager New Jersey Department of Energy 260 Cherry Hill Road 101 Comerce Street Parsippany, New Jersey 07054 Newark, New Jersey 07102 Natural Resources Defense Council Plant Superintendent 91715th Street, N. W.

Oyster Creek Nuclear Generating Washington, D. C.

20006 Station P. O. Box 388 Forked River, New Jersey 08731 Steven P. Russo, Esquire 248 Washington Street Resident Inspector P. O. Box 1060 c/o U. S. NRC Toms River, New Jersey 08753 P. O. Box 445 Forked River, New Jersey 08731 Joseph W. Ferraro, Jr., Esquire Deputy Attorney General Director, Technical Assessment Div.

State of New Jersey Office of Radiation Programs Department of Law and Public Safety (AW-459) 1100 Raymond Boulevard U. S. Environmental Protection Newark, New Jersey 07012 Agency Crystal Mall #2 Ocean County Library Arlington, Virginia 20460 l

Brick Township Branch 401 Chambers Bridge Road U. S. Environmental Protection Brick Town, New Jersey 08723 Agency Region 11 Office i

Mayor ATTN: EIS C00RDIIPJOR l

Lacey Township 26 Federal ?laza l

P. O. Box 475 New York, New York 10007 Forked River, New Jersey 08731 Comissioner Department of Public Utilities State of New Jersey t

l 101 Comerce Street Newark, New Jersey 07102

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• Federal Register / Vol. 45. No. 211 / Wednesday. October 29, 1980 / Rtries anJ Regulations 7 5

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published on October 1.1980. 45 FR performs the following y c; 64949. The corrected 10 91 is published functions:

earlier anticipated has been regtired to below.

prepare a final rule on fire protection.

E Although the final rule is near E:

EFFECTIVE DaTE: April 18.1980.

. Int om aws mes al completion, and willinco porate an E

Fon n:RTHER INronu ArioN couraCT; mo ma an***

Implementation schedule differet from Robert P. De Young. Private Radio that in the proposed rule. it has not yet

,g Bureau. [202) 632-7175.

been published and in any event would E

ApenEss:Federa! Communications EM REGMORY n t be effective until 90 days after

[_1 Commission. Washington. D.C. 20554.

QOMMISSION publication.

i._i Certain NRC licensees, however, are sUFPLEM ENTARY INFOR M ATION-0 CFR Part 50 at present operating underlicense g

E; In the Matter of amendment of Part 0 conditions or technical specifications to transfer authority for common carrier Fire Protection Schedules for thereto which include the November 2 z:

matters involving public coast stations Operating Nuclear Power Plants deadline or other dates which will.

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to the Private Radio Bureau.

AGENCY:U.S. Nuclear Regulatory precede the effective date of the final n-Etieased: August 19.1980.

Commission.

rule.To the extent that these licensees E'

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

have been unable to complete allof the EF matter. FCC 80-179 released April 7 fire protection measures to which these F

de8dlines appI. continued operation 1980. Section 0.91 of the rules was

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. g st would violate the license conditicas.

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emended to reflect a transfer of function mmhss n[ C.

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d The violation would extend only ::ntil fiam the Common Carrier Bureau to the Private Radio Bureau (45 FR 25399. April completion schedules for certain fire the final rule becomes effe:tive, sace g=;

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15.1980).

protection features in cperating nuclear ementaHon sdeM comad

2. Section 0.91 of the rules was als plants pending completion ofits ongoing in the final rule will supersede

[g emended by Order. FCC 79-682, comprehensive fire protection ine nsistent license conditions.

_,:7 released March 7.1980. to reflect the rulemaking. This suspension is The Commission has determine m

reorganization of the Common Carrier necessary because some NRC licensees

• • • . upon a revim & edn record ema Bat rebeh 6ese

$gT Bureau. Through inadvertence. our are unable to meet fire protection Order of April 7. amended the language mplementation deadhnes con:ained in license e nditions is appropriate

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cf the rule prior to its having been licensed conditions.The Commission pending promulgation of the finalrule on cmended by our Order of March 7.1980 has found that fire protection measures fire protection applicable to all NRC

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(45 FR 16191. March 13.1980).

already implemented give reasonable licensees. Extensive fire protectics

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3. To correct this situation. Section assurance of safety, and that no health measures have already been g

0.91 is amended as set forth in the and safety interest would be served by mpkmenteq at aU opera &g NamsA cttached appendix, to amend the forcing certain licensees to shut down implementation schedule of the fir.al g

currently effective language of the rule.

during the brief period between the rule will be uniform and comprehen:.sve, 94 license condition deadlines and the and will apply to all operatmg pla:ts gg Federal Communications Com ussion.

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efTectiveness of the final fire protection including those with different schedules (Secs 4. 333. 48 Stat ss amended.1066.1082; rule.

47 US.C.154. 3031-u(l[ heal

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EFFECTIVE D ATE: October 29.1980.

nd safe -

rest ould

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be served by forcing only those E.r Secretary.

FOR FtJRTHER INFORM ATION CONTACT:

licensees unable to meet deadlines C.'

William Shields. Office of Executive preceding the effectiveness of the final part 0 of Chapter 1of Titic 47 af the legal Director. U.S. Nuclear Regulatory E- =--

Code of Federal Regulations is amended Commission. Washington. D C. 20555.

rule to shut down for the brief inte m:

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es follows-phone 301-492--8696.

To the contrary, the fin protection measures already implemented give

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In i Q.91 the introductory text is sOPPLIMENTARY INFORM ATION; On May reasonable assurance that all operating revised to read as follows:

29.1980, the Commission pubbshed in nuclear plants may continue to operate

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.I 0 91 Functions of the Bureau-the Federal Register (45 FR 36082) a safely even though the finalrule w21 Q:;

The Common Carrier Bureau Notice of Proposed Rulemaking entitled require additional fire protection g,.w.

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develops, recommends and administers

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

policies and programs for the regulation plants Operating Prior to January 1.

The Administrative Procedure Act

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1979." The proposed rule provided that

-- Ti of services, facilities, rates and practices all fire protection modifications except provides that a rule may be effective cf entities (excluding public coast alternate or dedicated shutdown upon publication when that rule g ants

"::1 stations in the maritime mobile service)capability would be required to be restriction." 5 U.S.C. 553[d)(1). This rule EE:M or recognizes an exception er relieses a r7" which furnish interstate or foreign implemented by November 1,1980, relieves certain NRC licensees fro:-

communications service for hire-whether by wire, radio, cable or satellite unless the Commission approve an license conditions or technical ME-facilitier --and of ancillary operations extension for good cause. This deadhne specifications thereto in regard to f;re

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=O E related to the provisions or use of such was also stated in the Commission's protection implementation deadlines.

SW services. The Bareau also regulates the May 27.1980 Memorandum and Order and will therefore be effectin upon the Er=:

ratet terms, and conditions for cable on the Union of Concerned Scientists date of publication in the Federal 5.E~

te:evision and pole attachments, where petition for Emergency and Remedial Register. Furthermore, as noted above, EEE Action.11 NRC 707. 719.

such attachments are not regulated by a Many of the commenters on the from the November 1. deadline won'd be b'"==. "

the proposed rule stated that extensions

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state and not provided by railroads or proposed rule contended that the go' emmentally-cr cooperatively November 1 deadline was unachievable. public comment was received to the considered for Food caust. Extensive TEF owned utilities. The Bureau also Moreover, much more time than was effect that the deadline was unreahstic ii_E= '

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71570' F:;dircl R; gist;r / V51. 45. N;. 2n / Wcdriesday, Oct:ber 29,1980 / Rules and Regul:tions Ts T_

cnd should be revised. Under,these Q

cirrumstances the Commission believes T.~

that there is good cause for an extension d~~

(f the license condition schedules fi pending effectiveness of the final rule on

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fire protection.

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The rule provides that all cumpliance s.E, dates contained in license conditions or

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t:chnical specifications for required fire lET protection measures are suspended EE pending further action by the Commission. As is c! car from the above

.g' discussion. that further action will be promulgation of the final rule on fire E;_

protection.The Commission intends that

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licensees affected by this rule should C

use best efforts to complete all required

g m;asures as soon as possible despite

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the suspension of the deadlines for this brief period.

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Persuant to the Atomic Energy Act of E:

1954. as amended. the Energy Rio.ganization Act of1974, as amended.

~ ~ ' '-E c.nd Sections 552 and 553 of Title 5 of the h-i.5 United States Code, notice is hereby F.??

F ren that the following amendment to E'i@

i Title 10. Chapter 1. Code of Federal E "E.

Regulations. Part 50. is published as a

?i documnnt subject to codification.

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PART 50-DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION H_5. ~._?

FACILITIES

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1. A new Section 50.48is added to

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read as follows:

I 50.48 Fire protection schedufes.

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9; To the extent that any facility's.

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license conditions or technical specifications incorporate compliance r = =.

dates for modifications necessary to G.5.

prodde fire protection features i:E!;.

p*oposed by a licensee and accepted by

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the NRC staff as satisfying the G_ :':$ -

prodsions of Appendix A to Branch UT ~~

Technical Position BTP/APCSB 95-1

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and reflected in NRC staff Fire Protection Safety Evaluation Reports issued prior to the effective date of this 31.;--- -

rule. those dates are hereby suspended pending further action by the

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Commission.

rxx (Sec.161b Pub. law S3-703. 68 5 tat. 948. Sec.93-438,88 St' t.1242 (42 U.S.C s:: -..

201. Pub. Law a

2201(b). $641))

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Dated at Washington. D.C. this 27th day of

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October 1980

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For the Nuclear Regulstory commission.

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SAIDuel C Chilh.

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Secn:c:y of ti~e Commission.

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