ML20009B642

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Advises of NRC Interim Position Re 10CFR50,App R,Fire Protection Rule,For New Licenses Issued After 790101. Exceptions or Alternative Positions to Rule Will Be Reviewed on case-by-case Basis
ML20009B642
Person / Time
Site: Midland
Issue date: 06/29/1981
From: Tedesco R
Office of Nuclear Reactor Regulation
To: Jackie Cook
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
NUDOCS 8107160534
Download: ML20009B642 (1)


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d[7 Mr. J. W. Cook

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Jackson. - Michigan 49201 88 Q*

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Dear Mr. Cook:

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Subject:

Staff Interim Position for F ion Rule: Appendix R to 10 CFR Part 50 i

During our meeting with your technical staff on April 16, 1981, regarding Midland fire protection provisions, we reviewed the status of Paragraph 50.48 to 10 CFR Part 50 and Appendix R to 10 CFR Part 50, and discussed the antitipcated staff position with respect to Midland Plant, Units 1 and 2.

That status discussion recognized that Paragraph 50.48(b) became effective February 17,1981, for nuclear plants licensed to operate prior to January 1,1979. This letter will advise you of our associated position with respect to 6 fire protection rule l

for riew licenses (i.e., licenses-issued or to be issued after January 1,1979, including Midland Plant, Units 1 and 2), which will apply until a rule is in place.

It is our position that plants to be l' censed after January 1,1979, shall comply with the fire protection program established by Appendix R to 10 CFR Part 50 in accordance with the requirements of Paragraph 50.48 of 10 CFR Part 50, as well I,

as by Branch Technical Position (BTP) ASB 9.5.1.

All exceptions and alternative positions to Appendix R or the BTP shall be identified, justified with bases as to an equivalent level of fire protection, and appropriate commitments to alternatives shall be indicated. Av such basis provided as part of the OL application will be reviewed by the NRC staff on a case-by-case basis. All such exceptions or al ternative positions accepted by the NRC staff and committed to by the applicant, will become conditions of the OL licenses, once issued.

As indicated at the April 16, 1981 meeting submittal of the revised Midland Fire Protection Report is' planned for the end of July 1981. Upon receipt of that report, we will review it using the guidance of this letter and Appendix R-to 10 CFR Part 50.

Sincerely, 8107160534 810629 l

PDR ADOCK 05000329 Original algned by i

F PDR pM L Todesco' DEj l

Robert L. Tedesco, Assistant Director j

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DHood TIC Mr. di W. Cook EAdensam ACRS (16)

Vice President JLee Consumers. Power Company SHanauer 1945 West Parnall Road RTedesco Jackson, !!ichigan 49201 RVollmer TMurley

Dear Mr. Cook:

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SUBJECT:

STAFF INTERIM POSITION FOR FIRE PROTECTION RULE: APPENDIX R TO 10 CFR PART 50 During our meeting with your technical staff on April 16, i981 regarding Hidland fire protection provisions, we reviewed the status of Paragraph 50.48 to 10 CFR Part 50 and Appendix R to 10 CFR Part 50, and discussed the anticipated staff position with' respect to Midland Plant, Units 1 and 2.

That status discussion recognized'that Paragraph 50.48(b) becane effective February 17, 1981 for nuclear plantklicensed to operate prior to January 1, 1979. This letter will advise you of'our associated position with respect to a fire protection rule for new licenses \\(i.e., licenses issued or to be issued after January 1,1979, including fiidland Plant, Unit I and 2), which will apoly s

until a rule is in place.

It is our position that plants to be licensed after January 1,1979 shall corply with the fire protection program established by\\pppendix R to 10 CFR Part 3 in accordance with the requirenents of peragraph 50.48 of 10 CFR Part F0, as well as by Branch Technical Position (BTP) ASB 9.5.1. hil exceptions and alternative positions to Appendix R or the BTP shall be identified, justified with bases as to an equivalent level of fire protection, and apt'1ropriate conmitments to alternatives shall be indicated. Any such basis provided as part of the OL application will be reviewco by the NRC staff on a case'-Qy-cr.se basis.

1 such exceptions or alternative positions accepted by the NRC staff and cornite i to by the applicant, will become conditions of the OL license's once issued.

As indicated at the April 16, 1981 reeting, subnittal of the evised fildland Fire Protection Report is planncd for the end of July 1981. Uppn receip of that report, we will review it using the guidance of this letterNand Appandix R to 10 CFR Part 50.

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Sincerely, Robert L. Tedesco, Assistant Director Division of Licensing cc: See aext page

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