ML20236K165

Informs That Util 870601 Request for Exemption from Requirements of 10CFR50,App R,Except Sections Iii.G & Iii.J, Not Needed.Previous Correspondence Clearly Shows That Only Sections Iii.G & Iii.J Applicable to Facility

ML20236K165
Person / Time
Site:	Fort Saint Vrain
Issue date:	08/03/1987
From:	Crutchfield D Office of Nuclear Reactor Regulation
To:	Robert Williams PUBLIC SERVICE CO. OF COLORADO
References
TAC-54373, NUDOCS 8708070004
Download: ML20236K165 (3)

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August 3, 1987 Docket No. 50-267-Mr. R. O. Williams, Jr.

Vice President, Nuclear Operations Public Service Company of Colorado P. O. Box 840 1 Denver, Colorado 80201-0840 J

SUBJECT:

GENERAL EXEMPTION TO APPENDIX R FOR FORT ST. VRAIN We have reviewed your request for an exemption submitted by letter dcted June 1, 1987 (P-87202). This submittal requests an exemption for the fort S1 -

3 rain Nucleat Generating *Stattqg (FSV) for all of 10 CFR Part 50, Appendix R, except Sections' Iu.G an3 IIT.J. We have reviewed your request against the extensive list of previous correspondence on this subject and the regulations.

We conclude that there is no legal need for the kind of broad exemption requested in your letter. Prior correspondence and documentation clearly establish that only Sections III.G and III.J of Appendix R are applicable to FSV.

First, it should be noted that the approach taken by the staff for FSV is explicitly covered in the regulations. On page 3 of your submittal, you quote the applicable pori, ions of 10 CFR 50.48(b), which states the conditions under which the provisions of Appendix R will not apply, except for the require-ments of Sections III.G, III.J, and 111.0. In the statements of consideration for this rule, the Commission stated "...it is important to recognize that

-Appendix R addresses only a portion of the specific items contained in the more comprehensive document, Branch Technical Position BTP APCSB 9.5-1 and its Appendix A." Furthermore, the Commission clearly stated that the approvals provided in the BTP APCSB 9.5-1, Appendix A reviews provided an equivalent level of fire protection to Appendix R. Thus, this provision clearly provided for plants such as FSV, in that the fire protection work done prior to Appendix R was recognized as effective, and should not be redone.

Second, because there is clear provision in the regulations for a certain class of plants only to comply with portions of Appendix R, the question at hand is not one of compliance, but categorization. That is, does FSV fall into the class of plants specifically identified in 10 CFR 50.48(b). In the correspondence you have quoted from the NRC, specifically the letter dated November 24, 1980, the staff clearly stated that FSV was in this special category by virtue of the fact that there were: "No outstanding fire protection issues on Fort St. Vrain." In NRC's letter of June 4, 1984, the staff reached essentially the same conclusion with certain refinements. Specifically, the staff provided guidance on how FSV should comply with Section III.G of Appendix R, because FSV is a gas-cooled reactor. Again, the staff concluded that only Sections III.G and III.J of Appendix R were applicable to FSV.

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l Mr. R. O. Williams  !

In summary, we conclude the previous correspondence clearly shows the staff's reading of the fire protection rule to be that only Sections III.G and III.J of Appendix R are applicable to FSV. Accordingly, the general exemption requested in your letter of June 1,1987 is not needed. The forthcoming staff Safety Evaluation concerning FSV's compliance with Appendix R will document the applicable regulatory basis, which will be consistent with the discussion above.

Sincerely, lJ' Dennis M. Crutchfield, Director Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION Docket File D. Kubicki NRC PDR J. Wermiel Local PDR R. Freland, RIV PD4 Reading D. Crutchfield F. Schroeder J. Calvo f56 l' 6 PS8 P. Noonan D. W u6 h. 7, va e e le) 3.L<mh K. Heitner o 0GC-Bethesda 00% 7[M[il 7['#s/W g /'

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Mr. R. O. Williams 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. R. O. Williams, Acting Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company 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. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0. Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 80201-0840 Kelley, Stansfield & 0'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 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 1 Denver Place '

999 18th Street, Suite 1300 Denver, Colorado 80202-2413 I