ML20002B304

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

ML20002B304
Person / Time
Site:	Yankee Rowe
Issue date:	10/31/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:	Kay J YANKEE ATOMIC ELECTRIC CO.
References
NUDOCS 8012110308
Download: ML20002B304 (5)

Text

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f* %'o, l {.lTL UNITED STATLS i

NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20655

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October 31, 1980 j~

Docket No. 50-29 r

f, m-Mr. James A. Kay

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Senior Engineer-Licensing

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'n Cid Yankee Atomic Electric Compmy y

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25 Research Drive g

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Westborough, Massachusetts 01381 o

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Dear Mr. Kay:

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 Onal version of that proposed Section 50.48 and Appendix R to 10 CFR 50 whi:h will be oublished in the Federal Register shortly and will become effective 90 aays 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 "1C.

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 information has not yet been approved by the staff 'as evidenced in a staff safety evaluation report, there is no present inplementation 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 j

for your information. This rule will be superseded by the revised rule when l

it becomes effective, l

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Mr. James A. Kay 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.

i ncerely, iIse r

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Division ofVlicensihg

Enclosure:

As stated cc w/ enclosure:

See next page i

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. October 31, 1980 Mr. James A. Kay cc' Mr. James E. Tribble, President Yankee Atomic Electric Company 25 Research Drive Westborough, Massachusetts 01581 Greenfield Community College 1 College Drive Greenfield, Massachusetts 01301 Chairman Board of Selectmen Town of Rowe Rowe, Massachusetts 01367 Energy Facilities Siting Council 14th Floor One Ashburton Piace Boston, Massachusettc 02108 Director, Technical Assessment Division Office of Radiation Programs (AW-459)

U. S. Environmental Protection Agency Crystal Mall #2 Arlington, Virginia 20460 U. S. Environmental Protection Agency Region I Office ATTN: EIS C0ORDINATOR JFK Federal Building Boston, Massachusetts 02203 i

Resident Inspector Yankee Rowe Nuclear Power Station c/o U.S. NRC Post Office Box 28 Monroe Bridge, Massachusetts 01350 i

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~ Federal Register /. Vol. 45. No. 211/ Wednesday October 29. 1980 / Rtrks anJ Regulations M539

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published on October 1.1980,45 FR performs the fol'owing specific earlier anticipated has been required to

.I 64949. The corrected i 0 91 is published functions:

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prepare a final rule on fire protection.

Ti Although the final rule is near

.5 EFFECTIVE DATc April 18,1980.

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completion, and willincorporate an E

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na n e e Tom FOR FURTHER INFORMAT10N CONTACT:

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that in the proposed rule. it has not yet Rt.bert P. De Youn8. Private Radio n;;.

Bureau. (202) 632-7175.

been published and in any event would Aeo".Ess: Federal Communications NpCIM RMMTORY n t be effective until 90 days after

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Commission. Washington D.C. 20554.

MMISSION publication.

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Certain NRC licensees, however, are 2;E SUPPt.EMENTARY INFORM AT10Nr 0 CFR Part 50 at present operating underlicense

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In the Matter of amendment of Part 0 conditions or technical specifications 33 transfer authority for common carri6r Fire Protection Schedules for thereto which include the November 1 mr,tters involving public coast stations Operating Nuclear Power Plant.

deadline or other dates which will gg to the Private Rado Bureau-precede the effective date of the final AosNev:U.S. Nuclear Regulatory

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Mleased: August 19,19aa.

Commission.

rule. To the extent that these licensees have been unable to complete all of the

1. In the Order in the above-captioned Acnow:Fmal rule.

fire protection measures to which these matter FCC 80-179 released April 7,

" dear Regula tory deadlines apply, continued operation 1980, Section 0.91 of the rules was amended to reflect a transfer of function Commissn WRU is amending its would violate the license conditions.

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from the Common Carner Bureau to the aguladons to temp 7rarily suspend The violation would extend only until 3r the final rule becomes effective, since E

ed Private Radio Bureau (45 FR 25399, April co[p e or s the implementation schedule contained 5

15,1980b p

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atin dm

2. Section 0.91 of the rules was also plants pending completion ofits ongoing n he gnal mle wal supenede z.=_

inconsistent bcense conditions.

amended by Order, FCC 79-682,

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The Commission bas determined.

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,,g relrased March 7,1980, to reflect the reorganhation of the Common Carrier necesury because some NRC licensees

.d upon a review of the entire rece,rd O*I'*U'

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b Bureau.Through s,nadvertence, our are unable to meet fire protection Order of April 7. amended the language implementation deadlines contained in license c nditions is appropriate y

cf the rule prior to its having been licensed conditions.De Commission Pending promulgation of the final rule on amtnded by our Order of March 7,1980 has found that fire protection measures fire protection applicable to all NRC g

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bl' licensees. Extensive fire protection (45 FR 16191. March 13,1980).

ce f s dd t o heds measures have already been

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3.To correct this situation. Section OS11s amended as set forth in the and safetyinterest would be served by implemented at au operaung plants.ne r;;; _

a,ttsched appendix. to amend the forcing certain licensees to shut down implementation schedule of the final g

currently etTective language of the rule.

during the brief period between the m e wiH be uniform and comprehens,ve, i

m License condition deadlines and the and will apply to all operat ng plants

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Federd Communications Commission.

effectiveness of the final fire protection in luding those with different schedules

_ m 15ees. 4. 303,4a Stat., as amended 1o66.1082

rule.

C U.Sc 154, scal.

u heal nd safety terest would 55 I EFrtenvE oaTE: October 29.1980.

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be served by forcing only those 55 FoR FURTNER INFORMATION CONTACT:

licensees unable to meet deadlines ZZ kC"*T-

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William Shields Office of Executive preceding the effectiveness of the final m

Pzrt 0 of Chapter I of Titic 47 of the legal Director, U.S. Nuclear Regulatory rule to shut down for the brief interim.

-EU Cod 2 of Federal Regulations is ' amended Commissicn. Washington. D.C. 20535.

To the contrary, the fire protection m

as follows:

phone 301-492-6696.

measures already implemented give

=s-In i 0.91 the introductory text is SUPP1.EMENTARY INFORM ATION: On May reasonable assurance that all operating ECi I

revised to read as follows:

29,1980, the Commission published in '

nudear plants may continue to operate EE _

the Federal Register (45 FR 36082) a safely even though the final rule will M_

1 0.91 Functions of the Bureau.

Notice of Proposed Rulemaking entitled require additional fire protection

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The Common Carrier Bureau

. Fire Protection Program for Nuclear measures at many plants.

= g-divilops, recommends and administers Plants Operating Prior to January 1.

The Administrative Procedure Act T-I policits and programs for the regulation 1979."The proposed rule provided that provides that a rule may be effective M

cf services. facilities, rates and practices all fire protection modifications except upon publication when that rule " grants i

cf entities (excluding public coast alternate or dedicated shutdown or recognizes an exception or relieves u

-E ststions in the maritime mobile service) capability would be required to be restriction." i U.S.C. 553(d)(1). nis rule

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which furnish interstate or foreign implemented by November 1.1980, relieves c'.rtain NRC licensees from

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communications service for hire-unless the Commission approve an licenst. conditions or technical E:7 whether by wire, radio, cable or satellite extension for good cause.This deadline specifications thereto in regard to fire EEE facilities-and of ancillary operations was also stated in the Commission's protection implementation deadlines, Ms relard to the provisions or use of such May 27,1980Mer - -^ i and Order and will therefore be effective upon the r:f+.

services.The Bureau also rsgulates the on the Unior.a Concerned Scientists date of publication in the Federal

-E n, tis terms, and conditions for cable Petition for Emergency and Remedial Register, Furthermore, as noted above, E5 te.evision and pole attachments, where Action.11 NRC 707,719.

the proposed rule stated that extensions

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such attachments are not regulated by a Many of the commenters on the from the November 1, deadline would t e 5~- '

state and not provided by railroads or proposed rule contended that the considered forgood causc c ensive O~

poternmentally-or coopera tively November i deadline was unachievable. public comment was received to the EM -

cwned utilities.De Bureau also Moreover, much more time than was effect that the deadhne was unrealistic

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p 71570' Fad;r l R: gist r / Vcl. 45. No. 211 / Wedndd;y. Oct ber 29.1980 / Rul:s and Reguldione and should be revised. Under inese ctrcumstances the Com:nissio'n believes that there is good cause for an extension of the license condition schedules f

pending e'iectiveness of the final rule on iE fin protection.

E The rule proddes that all compliance 5

dates contained in license conditions or i=

technical specifications for required fire

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protection measures are suspended E=

pending further action by the

.G Commission. As is clear from the above f5 discussion, that further action will be E=

promulgation of the final rule on fire E-pr#ectior "Ibe Commission intends that li.uees affected by this rule should i;9 use best efforts to complete all required lE5 measums as soon as possible despite 1:5-the suspension of the deadlines for this if brief period.

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Pt.suant to the Atomic Energy Act of iEE 1954. as amended. the Energy EE:

Reorganization Act of1974. as amended.

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and Sections 532 and 553 of Title 5 of tle E

United States Code, notice is hereby 55 given that the following amendment to

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Title 10. Chapter I. Code of Federal

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Regulations. Part 50. is published as a 5EE document subject to codification.

i-E PART 50--DOMESTIC LICENSING OF

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PRODUCTION AND UTILIZATION FACILITIES

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1. A new Section 50.48 is added to Z:

read as follows:

I 50.a8 Fire protection schedules.

To the extent that any facility's.

E==.r license cor.ditions or technical

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E.I specifications incorporate compliance dates fer codifications necessary to

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prodde fire protection features proposed by a licensee and accepted by

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the NRC staff as satisfying the

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prodsions of Appendix A to Branch E_ _ 5.

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Technical Position BTP/APCSB 9.5-1 and resected in NRC staff Fire

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Protection Safety Evaluation Reports

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issued prior to the effective date of this T"

rule. those dates are hereby suspended

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pending further action by the E=iF:

Commissien.

(Sec.161b. P b. law 83-r03. 68 Stat See: Sec.

20t. Pub. law SM38. 88 Sta t.1242 (42 U.S.C.

220t(bl. 56411)

Dated at Washington. D.C. this 2rth day of

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October :sa)

For :he N.: lear ReFulatory Commission.

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Samuel C. Chi!k.

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Secre::.3 o.':le Cxnmission.

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