ML20141G663

Requests Util Evaluate Encl NRC 851222 Press Release Re New Criteria for Granting Exemptions from 10CFR50 to Determine If Exemptions from App R Fire Protection Requirements Still Required.Info Requested within 60 Days

ML20141G663
Person / Time
Site:	Fort Saint Vrain
Issue date:	04/17/1986
From:	Heitner K Office of Nuclear Reactor Regulation
To:	Walker R PUBLIC SERVICE CO. OF COLORADO
References
TAC-54373, NUDOCS 8604230483
Download: ML20141G663 (5)

Text

- . . . . _ . -

April 17, 1986 Docket No. 50-267 Mr. R. F. Walker, President 4 Public Service Company of Colorado P. O. Box 840 Denver, Colorado 80201-0840

SUBJECT:

CRITERIA FOR GRANTING EXEMPTIONS By letter dated April 1,1985 (P-85113) and the accompanying report, you requested certain exemptions to 10 CFR Part 50, Appendix R, concerning fire protection for the Fort St. Vrain Nuclear Generating Station. At approximately the same time, the Commission proposed amending its criteria for granting exemptions. Subsequently, the Commission has adopted these criteria, as noted in the enclosed press release.

In order that Fort St. Vrain's requests can be properly evaluated, we request that you review your submittal against the revised criteria. If you determine  !

that supplemental information is required to meet the new criteria, then this information should be provided.

We request that you submit this additional information within 60 days of the date of this letter. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L.96-511.

Sincerely, original signed by Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B, NRR

Enclosure:

As stated cc w/ enclosure:

See next page DISTRIBUTION:

' Docket File; SSPD Reading Olynch RIreland, Region IV -

NRC'PDR"~ NSIC HBerkow CHinson Local PDR PNoonan ELantz, RSB OELD DCS KHeitner LMarsh, RSB EJordan BGrimes JPartlow ACRSU0)

")LM ,

L&-SSPD DPWRL-B:SSPD DP ) :SSPD D :SSPD an KHeitner:cw Olynch He ow

/\ 86 04/p/86 04/jf/86 04/J/86

] p 4230483 860417

p. DOCK Osoooggy PDR

e

=

p Karo

, [ g UNITED STATES g NUCLEAR REGULATORY COMMISSION

} 5 p,

j W ASHINGTON, D. C. 20555

%,,,,,+' April 17, 1986 Docket No. 50-267 Mr. R. F. Walker, President '

Public Service Company of Colorado P. O. Box 840 Denver, Colorado 80201-0840

SUBJECT:

CRITERIA FOR GRANTING EXEMPTIONS By letter dated April 1,1985 (P-85113) and the accompanying report, you requested certain exemptions to 10 CFR Part 50, Appendix R, concerning fire protection for the Fort St. Vrain Nuclear Generating Station. At approximately the same time, the Commission proposed amending its criteria for granting exemptions. Subsequently, the Commission has adopted these criteria, as noted in the enclosed press release.

In order that Fort St. Vrain's requests can be properly evaluated, we request that you review your submittal against the revised criteria. If you determine that supplemental information is required to meet the new criteria, then this information should be provided.

We request that you submit this additional information within 60 days of the date of this letter. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L.96-511.

Sincerely,

s. . .

h Kenneth L. Heitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-8, NRR

Enclosure:

As stated cc w/ enclosure:

See next page

i Mr. R. F. Walker Public Service Company of Colorado Fort St. Vrain cc:

Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East lith Avenue P. O. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Ccmpany of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Fort St. Vrain Nuclear Station Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission P. 0. Box 640 Platteville, Colorado 80651 Kelley, Stansfield & 0'Donnell Public Service Company Building Room 900 550 15th Street Denver, Colorado 80202 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1800 Lincoln Street Denver, Colorado 80203

s ENCLOSURE x -

.- .. . m L f'"%. UNITED STATES l\ f ; wf',j NUCLEAR REGULATORY COMMISSION Mf/F

% .7,', . /

Office of Public Affairs Washington, D.C. 20555 No.85-165 FOR IMMEDIATE RELEASE Tel. 301/492-7715 (Thursday, December 12,1985)

I l

NRC AD0 PTS NEW CRITERIA FOR GRANTING EXEMPTIONS The Nuclear Regulatory Comission is amending its regulations to clarify the standards to be used in considering exemptions from certain requirements of Part 50 of its regulations. The requirements deal with the construction and operation of commercial nuclear power reactors.

i Traditionally, the Comission has delegated to its staff the authority to grant exemptions or waivers in special circumstances where application of a particular requirement would not serve the public interest and no undue risk l to the public health and safety would result from not requiring literal l adherence to a particular. requirement.

Under the amended rule, the staff may consider only those requests for exemotions which are not in violation cf other applicable laws such as the Atomic Energy Act of 1954, as amended, and the National Environmental Policy Act; which will not present an undue risk to the public health and safety; and which are consistent with the comon defense and security.

Further, applications for exemptions will be considered only when one or more special circumstances are present:

)

(1) Application of a regulation in the particular circumstances would be in conflict with other rules or requirements of the Cotrnission.

(2) Application of tne regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the' rule.

f (3) Compliance with a regulation would result in undue hardships or other costs that are significantly in excess of those contemplated when the regulation was adopted or that are significantly in excess of those incurred by others similarly situated.

(4) The exemption would result in benefit to the public health and safety that compensates for any decrease in safety that may result from grant of the exemption.

,, , . m T.

. -2 .

(5) The exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation.

(6) There is present any other material circumstance not considered when the regulation was adopted for which it would be in the public interest to grant an exemption.

These new criteria reflect public comments on proposed criteria which were issued in April of this year and will become effective on January 11, 1986.

i t#NITED STATES NUCLEA3 REGULATORY COnetetSS40N tie 57 Class isAst WASHINGTON. D.C. 20066 Postac tE E8 Paso

,_J"e1=,A ,,e

, 'O 'ut 120555063900 1 1C7 US NRC f.R F -D I V 0F L I C E PJ S I P.C lRANCH CHIEF STAN & SPE CI AL PR OJEC TS EF 340 WASHINGTON DC 20555 i