ML20070N155
| ML20070N155 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 03/14/1991 |
| From: | Samworth R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20070N158 | List: |
| References | |
| NUDOCS 9103220313 | |
| Download: ML20070N155 (3) | |
Text
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7590 01 o
UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NOS.60-266 AND 50-301 WISCONSIN ELECTRIC POWER COMPANY NOTICE OF DENIAL OF EXEMPTION REQUEST The U.S. Nuclear Regulatory Comission (the Comission) has denied a request by the Wisconsin Eltetric Power Company (WEPCO) "or an exemption to the
-Comission's regulations fe fire protection requirements at de Point Beach h clear plant. Specifically, WEPC0_ requested an exemption _from 10 CFR 50.48(d)(4) which-requires that "(t) hose fire protection features involving dedicated shutdown capability requiring new buildings and systems shall be implemented within 30 months of HRC approval." By application for exemption dated December 21, 1990, WEPCO advised the Comission that they.would not cotoplete-the implementation of their dedicated shutdown capability by the end of the 30-month -period e January 27, 1991. Thry requested an exemption to l
' June l', 1991. Their argument for an exeirptiot, hinged on their having mi.de good faith efforts to comply with the regulation as provided for in 10 CFR 50.12(a)(2)(v).
r The NRC staff has concluded that the WEPC0 application cannot be approved and has, therefore, denied it. The basis for the staff's denial is that the implementation actions were not pursued in a manner reflective of.a good faith ieffort.
In particular, we-are unable to find that WEPC0 proceeded expeditiously--
to meet the Comission's requirements or that the causes for the-delay were beyond WEPCO's control. The requirement for the dedicat'd shutdown capability was known to WEPCO well before the start of the 30-m m...plementation period.
e b
2 The arguments made by WEPC0 did not include identification of any activity unique to Point Beach which could not reasonably have been performed in the 30-month period.
Rather, the prolonged implementation period at the Point Beach Nuclear Plant seems to have been the consequence of poor planning and poor control of construction activities.
If WEPCO were exempted from the provisionsof10CFR50.48(d)(4),therewouldbenologicalbasisnottoexempt all licensees who have initiated but have not completed actions falling under 10 CFR 50.48.
For further details with respect to this action, see the licensee's appli-cation for an exemption dated December 21, 1990, and the Commission's letter to the licensee dated March 14, 1991.
Both documents are available for public inspection at the Commission's Public Document Room, 2120 L Street, N.W.,
Washington, D.C., and at the Joseph P. Mann Librery,1516 Sixteenth Street.
Two Rivers, Wisconsin.
Dated at Rockville, Maryland, this 14th day of March 1991.
FOR THE NUCLEAR REGULATORY COMMISSION f N k /p-u~ Y Robert B. Samworth, Sr. Project Manager i
Project Directorate 111 3 Division of Reactor Projects !!!/IV/V Office of Nuclear Reactor Regulation
-..4
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- Mr. C.' W. Fay ;
- 3'-.
ThisLdecis16pvill be made following your written notification.that you -have -
! complied with 50.48(d).
- A co)y of-the Notice of Denial of Exemption' Request,- which will be published in the r der 61 Register is included-for yotr information.
e Sincerely, Original signed by John A. Zwolinski for
-Bruce A,-Boger.. Director Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulathn
Enclosure:
As stated
-cc w/ enclosure:
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