ML20212M675

Exemption from 10CFR50.71(e)(3)(ii) Schedular Requirements Re Submittal of Final Hazards Summary Rept.Final Completion Date for Rept Update Extended to 881231

ML20212M675
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	03/02/1987
From:	Bernero R Office of Nuclear Reactor Regulation
To:	CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
Shared Package
ML20212M664	List: ML20212M660 ML20212M675
References
NUDOCS 8703120135
Download: ML20212M675 (4)

Text

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7590-01 I

UNITED STATES OF AMERICA NUCLEAR REGULATORY C0m!SSION In the Matter of ) Docket No. 50-155 1

CONSUMERS POWER COMPANY i

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(Big Rock Point Plant) )

EXEMPTION I.

The Consumers Power Company (CPC) is the holder of Facility Operating License No. DPP.-6 which authorizes the operation of the Big Rock Point Plart (the facility), located in Charlevoix County, Michigan. This license provides, among othcr things. that it is subject to all rules, regulations and Orders of the Commission now or hereafter in effect.

II.

Section 50.71(e)(3)(ii) of 10 CFR Part 50 requires that those plants initially subject to the NRC's Systematic Evaluation Program (SEP) must file a complete updated Final Hazards Sumary Report (FHSRI within 24 months after receipt of notification that the SEP has been completed. By letter dated August 27, 1984, the staff infonned CPC that the SEP had been cortpleted for the Big Rock Point Plant and that, pursuant to 10 CFR 50.71(e)(3), CPC was required to file an updated FHSR as outlined in Section 5.3.25.1 of the Final Integrated Plant Safety Assessment Report (IPSAR), NUREG-0828, dated May 1984.

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By letter dated October 31, 1984, CPC submitted a description of the program which was proposed to provide a workable substitute to updating the Big Rock Point Plant FHSR. That method involved creating a permanent computerized database of pertinent docketed correspondence and keyword /keyphrase list that would be used to search the database. A haid copy report which would show the keywords /keyphrases, the date, topic, and the locations within CPC of the letter that contained the keyword /keyphrase, would then be generated. The database, keyword /keyphrase list, and the hard copy report would be updated on an annual basis. NRC staff responded by letter dated December 4, 1984 and stated that although the details for implementing this system were not yet clear, the staff believed that the system being developed would be ari accepta-ble alternative to an updated FHSR. CPC's conclusion that the method described was acceptable to the;NRC was confirmed during a subsequent conference call between members of the NRC staff and CPC personnel. Thus, based on the results of the conference call, the preceding letters, and the finding contained in Section 5.3.25.1 of the IPSAR, CPC proceeded with a good faith effort for the development and implementation of the cross alternative indexing program that had been described to the NRC.

As noted above, CPC identified an alternative to the requirements of 10 CFR 50.71(e) that, originally, was thought to be acceptable to both CPC and the NRC, Based on CPC's understanding that a system to index pertinent docketed correspondence was an acceptable alternative to an updated FHSR, CPC initiated and completed a good faith effort to develop and implement the system. However, NRC staff has recently identified concerns with the proposed

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O system. These concerns were identified ar.d discussed with CPC about the same time as the Final Updated FHSR was due, and sumarized by letter dated December 3, 1986. As a result of these discussions, CPC connitted to provide an updated FHSR, which would address the remaining NRC concerns, by December 31, 1988.

Therefore, in order to provide sufficient time for the completion of the updated FHSR, since there were only a few days left to complete an updated FHSR,. CPC has reauested an exemption to the schedular requirements of 10 CFR 50.71(e)(3)(ii).

In light of the original understanding by both CPC and the NRC concerning the acceptability of the proposed substitute for the Big Rock Point Plant updated FHSP and the ultimately different NRC staff final position that the alternative would not be acceptable, thus leaving essentially no time for CPC to complete an updated FHSR, special circumstances exist which make compliance with the regulations result in undue hardship that is significantly in excess of those incurred by others similarly situated within the meaning of 10 CFR 50.1?(a)(2)(iii). This exemption will have no significant effect on plant safety. For the foregoing reasons, an exemption to 10 CFR 50.71(e)(3)(ii) should be granted such that the required submittal date for the Big Rock Point Plant updated FHSR need not be met by CPC. During a telephone conference with CPC on November 30, 1986, the schedule for submittal of an updated FHSR was established as December 31, 1988. This date is documented in CPC's letter dated December 3, 1986. Therefore, an exemption until December 31, 1988 is being granted by the staff for the submittal of an updated FHSR for the Big Rock Point Plant.

4 III.

Accordingly, the Commission has detemined that, pursuant to 10 CFR 50.1?(a),

an exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.

The Commission further determined that special circumstances, as provided in 10 CFR 50.12(a)(2)(iii), are present justifying the exemption. Specifically, due to misunderstanding between CPC and the NRC staff as to the details of an acceptable alternative to an updated FHSR, CPC was unable to submit an acceptable alternative on time and now would be required to provide an updated j FHSR in a very short period of time. This would result in undue hardship significantly in excess of that incurred by others similarly situated since other facilities have had periods of approximately two years. Therefore, the final completion date for the FHSR update shall be December 31, 1988.

Accordingly, the Commission hereby grants an exemption from the requirements of 10 CFR 50.71(e)(3)(ii) such that the subnittal date for the Big Rock Point Plant updated FHSR need not he met.

Pursuant to 10 CFR 51.32, the Commission has detemined that the issuance of this exemption will have no significant impact on the environment (February 27,1987, 52 FR 6085 ).

This exemption is effective upon issuance.

Dated at Bethesda, Maryland, this 2nd day of March , 1987.

FOR THE NUCLEAR #EGULATORY COMMISSION

1. zy Robert M. Bernero, Director Division of BWR Licensing Office of Nuclear Reactor Pegulation l

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