ML20041D066
| ML20041D066 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 02/09/1982 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Bauer E PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| References | |
| NUDOCS 8203040188 | |
| Download: ML20041D066 (5) | |
Text
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Docket File NSIC l
NRC PDR ORBu4 Rdg l
L PDR DEisenhut I
TERA MFai rti l e Dockets Nos. ' )-277 RIngram j
and 60-278 AEOD DEL D IE-3 ACRS-10 Gray File-2 Mr. Edward G. Bauer, Jr.
Vice President and General Counsel Philadelphia Electric Conpany 2 311 'iarke t S treet Philadelphia, Pennsylvania 19101 Mar "r. Bauer:
l This is in response to your January ?7,1931 letter requestino an exenption in the iriplenentation of your prompt notification systen Lcyond the February 1,19c2 date required by la CFr 54, Appendix E,Section IV.D.3.
The revised enernency planning requlation, which becane effective hoverier 3,1901, required that, by July 1,1901, licensees demon-siccte that administrative a.nl physical neans were established for alertin" and providing pronot instructions to the public within the pione exposure pathway Energency Planninq 7one.
"any licensees did not neet this requiranent by July 1,1901; the failure was attributed I
to unforeseen di fficcities and uncertainties surroun lino the !<'sion, procurement and installation of the prompt notification systms.
As L
a consequence, the Comission proposed the extension of the July 1, r
1901 date to February 1,1932, but detemined that if the systens were not installed and operable by February 1,1932, the licensees would be subject to enforcement action.
On Decenber 30,191, a final rule change, which was innediately effective, delayed tnis implonentation date for pronpt public notification systens fror July 1,19L1 to l
February 1,19a2 (4C FR G3031). When tie Corrission c ose toe February 1,1902 dea llino, they wom aware that sone licensees were s tating that they nicht not be able to corplete installation of their systens by that date.
Even with this knowledoe, the Connission lecide '
that the February 1,1932 date was reasonable, given the fact that all sa licensees should have been ablo to neet this dea iline by havinq applie i cuo sufficient resources to the task without delay.
In view of the above, So and the requirenents of the final rule on the pronpt public notification co$
systen, your request for a delay cannot be granted.
03 1
3$
However, in the course of the decision to 'elay the irplementation date SS to February 1,198?, the Connission was aware as discusse ! above, that 84 a licensees' inahility to neet the July 1, IL1 !cte coul.' he attri ato i oa to causes beyond his control.
The Comission will take into consideration
$2a any nitigating circunstances in deteminino the degree of enforcement
.t lir. Ed.vard G. Bauer, Jr..
actiori.
In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Reqister on Decerber 30, 1981.
Sincerely, r ric-1 airmaM tf
'A Darrell G. Eisenhut, Director Division of Licensing Office of riuclear Reactor Regulation cc:
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UNITED STATES
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3, NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D. C. 20555
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7ebruary 9,1982 Dockets Nos. 50-277 and 50-278 Mr. Edward G. Bauer, Jr.
Vice President and General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19101
Dear Mr. Bauer:
This is in response to your January 27, 1981 letter requesting an exemp^1on in the implementation of your prompt notification system beyond the February 1,1982 date required by 10 CFR 50, Appendix E, Section IV.D.3.
The revised emergency planning regulation, which became effective November 3,1980, required that, by July 1,1981, licensees demon-strate that administrative and physical means were established for alerting and providing prompt instructions to the public within the plume exposure pathway Emergency Planning Zone. Many licensees did not meet this requirement by July 1,1981; the failure was attributed to enforeseen difficulties and uncertainties surrounding the design, procurement and installation of the prompt notification systems. As a consequence, the Commission proposed the extension of the July 1, 1981 date to February 1,1982, but detemined that if the systems were not installed and operable by February 1,1982, the licensees would be subject to enforcement action. On December 30, 1981, a final rule change, which was immediately effective, delayed this implementation date for prompt public notification systems from July 1,1981 to February 1,1982 (46 FR 63031). When the Commission chose the February 1,1982 deadline, they were aware that some licensees were stating that they might not be able to complete installation of their systems by that date. Even with this knowledge, the Commission decided that the February 1,1982 date was reasonable, given the fact that all licensees should have been able to meet this deadline by having applied sufficient resources to the task without delay.
In view of the above, and the requirements of the final rule on the prompt public notification system, your request for a delay cannot be granted.
However, in the course of the decision to delay the implementation date to February 1,1982, the Commission was aware as discussed above, that a licensees' inability to meet the July 1,1981 date could be attributed to causes beyond his control. The Commission will take into consideration any mitigating circumstances in detemining the degree of enforcement
i Mr. Edward G. Bauer, Jr. action.
In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Register on December 30, 1981.
. Sincerely,
\\
h
/
isenhu,
rector Division of Licensing Office of Nuclear Reactor Regulation cc:
See next page l
o, Philadelphia Electric Company cc w/ enclosure (s):
Eugene J. Bradley Philadelphia Electric Company Regional Radiation Representative Assistant General Counsel EPA Region III 2301 Market Street Curtis Building (Sixth Floor)
Philadelphia, Pennsylvania 19101 Cth and Walnut Streets Philadelphia, Pennsylvania 19106 Troy B. Conner, Jr.
1747 Pennsylvania Avenue, N.W.
M. J. Cooney, Superintendent Washington, D. C.
20006 Generation Division - Nuclear Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19101 Government Publications Section Thomas A. Doming, Esq.
State Library of Pennsylvania Assistant Attorney General Education Building Department of Natural Resources Commonwealth and Walnut Streets Annapolis, Maryland 21401 Harrisburg, Pennsylvania 17126 Philadelphia Electric Company
~
ATTN: Mr. W. T. Ullrich Peach Bottom Atomic Power Station Mr. R. A. Heiss, Coordinator Delta, Pennsylvania 17314 Pennsylvania State Clearinghouse Governor's Office of State Planning Albert R. Steel, Chairman and Development Board of Supervisors P. O. Box 1323 Peach Bottom Township Harrisburg, Pennsylvania 17120 R. D. #1 Delta, Pennsylvania 17314 Curt Cowgill U.S. Nuclear Regulatory Commission Office of Inspection and Enforcement Peach Bottom Atomic Power Station P. O. Box 399 Delta, Pennsylvania 17314 Mr. Ronald C. Haynes, Regional Administrator U. S. Nuclear Regulatory Commission, Region I Office of Inspection and Enforcement 631 Park Avenue King of Prussia, Pennsylvania 19406
.