ML20236F701

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Confirmatory Order Modifying License (Effective Immediately.)
ML20236F701
Person / Time
Site: Clinton 
Issue date: 06/26/1998
From: Collins S
NRC (Affiliation Not Assigned)
To:
ILLINOIS POWER CO.
Shared Package
ML20236F703 List:
References
NUDOCS 9807020296
Download: ML20236F701 (6)


Text

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I l8' 7590-01-P UNITED STATES OF AMERICA NUCI FAR REGULATORY COMMISSION In the Matter of

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lilinois Power!

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Docket No. 50-461

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Clinton Power Station

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CONFIRMATORY ORDER MODIFYING LICENSE EFFECTIVE IMMEDIATELY l

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lilinois Power (IP or the Licensee) is the holder of Facility Operating License No. NPF-62, which authorizes operation of Clinton Power Station located in DeWitt County, Illinois.

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The staff of the U.S. Nuclear Regulatory Commission (NRC) has been concemed that Thermo-Lag 330-1 fire barrier systems installed by licensees may not provide the level of fire, i

endurance intended and that licensees that use Thermo-Lag 330-1 fire barriers may not be i

meeting regulatory requirements. During the 1992 to 1994 timeframe, the NRC staff issued l

Generic Letter (GL) 92-08, "Thermo-Lag 330-1 Fire '3arriers," and subsequent requests for additional information that requested licensees to submit plans and schedules for resolving the Thermo-Lag issue. The NRC staff has obtained and reviewed alllicensees' corrective plans and l

1 schedules..The staff is concemed that some licensees may not be making adequate progress

- toward resolving the plant-specific issues, and that some implementation schedules may be either too tenuous or too protracted. For example, several licensees informed the NRC staff that

' their completion dates had slipped by 6 months to as much as 3 years. For plants that have

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completion action scheduled beyond 1997, the NRC staff has met with these licensees to j

i discuss the progress of the licensees' corrective actions and the extent of licensee management attention regarding completion of Thermo-Lag corrective actions. In addition, the NRC staff i

discussed with licensees the possibility of accelerating their completion schedules.

IP was one of the licensees with which the NRC staff held meetings. At these meetings, the NRC staff reviewed with IP the schedule of Thermo-Lag corrective actions described in the i

l IP submittals to the NRC. Based on the information submitted by IP, and provided during the meetings, the NRC staff has concluded that the schedules presented by IP are reasonable. This conclusion is based on the (1) amount of installed Thermo-Lag, (2) the complexity of the plant-specific fire barrier configurations and issues, (3) the need to perform certain plant modifications during outages as opposed to those that can be performed while the plant is at power, and (4) l integration with other significant, but unrelated issues that IP is addressing at its plant. In order I

to remove compensatory measures such as fire watches, it has been determined that resolution of the Thermo-Lag corrective actions by IP must be completed in accordance with current IP l

schedules. By letter dated May 3,1998, the NRC staff notified IP of its plan to incorporate IP's schedule commitment into a requirement by issuance of an order and requested consent from the Licensee. By letter dated May 22,1998, the Licensee provided its consent to issuance of a Confirmatory Order.

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The Licensee's commitment as set forth in its letter of May 22,1998, is acceptable and is j

necessary for the NRC to conclude that public health and safety are reasonably assured. To preclude any schedule slippage and to assure public health and safety, the NRC staff has determined that the Licensee's commitment in its May 22,1998, letter be confirmed by this

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3 Order. The Licensee has agreed to this action. Based on the above, and the Licensee's consent, this Order is immediately effective upon issuance.

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l Accordingly, pursuant to sections 103,161b,1611,161o,182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED, effective immediately, that:

l lilinois Power (IP) complete final implementation of Thermo-Lag 330-1 fire barrier l

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corrective actions at Clinton Power Station as described in the June 19,1997, i

and March 30,1998, submittats to the NRC, in addition to the repair of the butt l

joint described in the March 28,1995, submittal to the NRC, by December 31, l

1998.

i The Director, Office of Nuclear Reactor Regulation, may relax or rescind, in writing, any provisions of this Confirmatory Order upon a showing by the Licensee of good cause.

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j Any person adversely affected by this Confirmatory Order, other than the Licensee, may request a hearing within 20 days of its issuance. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nucleer Regulatory Commission, Washington, D.C. 20555, and include a statement of good cause for the l:

extension. Any request for a hearing shall be submitted to the Secretary, U S. Nuclear Regulatory Commission, Attention: Docketing and Services Section, Washington, D.C. 20555.

Copies of tho hearing request shall also be sent to the Director, Office of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Deputy I

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4 Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region Ill, 801 Warrenville Road, Lisle, IL 60532-4351, and to the Licensee. If such a person requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address criteria set forth in 10 CFR 2.714(d).

if a hearing is requested by a person whose interest is adversely affected, the L

Commission willissue an Order designating the time and place of any such hearing. If a hearing l

is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.

l In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days i

from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order, i

i FOR THE NUCLEAR REGULATORY COMMISSION a

l Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 26th day of June 1998 i

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Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, 6

NRC Region lil,801 Warrenville Road, Lisle, IL 60532-4351, and to the Licensee. If such a 4

person requests a hearing, that person shall set forth with particularity the manner in which his/her interest la adversely affected by this Order and shall address criteria set forth in 10 CFR 2.714(d).

If a hearing is requested by a person whose interest is adversely affected, the Commission willissue an Order designating the time and place of any such hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order should be sustained.

In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Orderwithout further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final l

when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order.

FOR THE NUCLEAR REGULATORY COMMISSION Onginalsignedily SamuelJ. Corns Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryiand this 26th ay of June 1998 d

DOCUMENT NAME G:\\CLINTON\\ ORDER.TLG

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4 Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region lil,801 Warrenville Road, Lisle, IL 60532-4351, and to the Licensee. If such a person requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address criteria set forth in 10 CFR 2.714(d).

If a hearing is requested by a person whose interest is adversely affected, the Commission willissue an Order designating the time and place of any such hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Confirmatory Order I

should be sustained.

i in the absence of any request for hearing, or written approval of an extension of time in I

which to request a hearing, the provisions specified in Section IV above shall be final 20 days j

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from the date of this Order without further order or proceedings. If an extension of time for I

requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing r9 quest has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order.

FOR TliE NUCLEAR REGULATORY COMMISSION Onginalsignedby 4

SamuelJ.CoEns Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 26th ay of June 1998 d

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