ML20247L859

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Confirmatory Order Modifying Licenses Effective Immediately Re Thermo-Lag 330-1 Fire Barrier Sys
ML20247L859
Person / Time
Site: Limerick  
Issue date: 05/19/1998
From: Collins S
NRC (Affiliation Not Assigned)
To:
PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
Shared Package
ML20247L863 List:
References
GL-92-08, GL-92-8, NUDOCS 9805260098
Download: ML20247L859 (5)


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7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matterof

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Philadelphia Electric Company

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Docket Nos. 50 352

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and 50-353 Umorick Generating Station, Units 1 and 2

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CONFIRMATORY ORDER MODIFYING UCENSES EFFECTIVE IMMEDIATELY 1.

Philadelphia Electric Company (the Ucensee) is the holder of Facility Operating Ucenses Nos. NPF-39 and NPF-85, which authorize operation of Umerick Generating Station (LGS),

Units 1 and 2, located in Montgomery and Chester Counties, Pennsylvania.

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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 endurance intended and that licensees that use Thermo-Lag 3301 fire barriers may not be meeting regulatory requirements. During the 1992 to 1994 timeframe, the NRC staffissued Generic Letter (GL) 92-08, 'Thermo-Lag 330-1 Fire Barriers" 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 all licensees' corrective plans and 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, severallicensees informed the NRC staff that their completion dates had slipped by 6 months to as much as 3 years. For plants that have 9805260098 990519 PDR ADOCK 05000352 P

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1 l completion action scheduled beyond 1997, the NRC staff has met with these licensees to 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 discussed with licensees the possibility of accelerating their completion schedules.

Philadelphia Electric Company was one of the licensees with which the NRC staff held 4

l meetings. At these meetings, the NRC staff reviewed with Philadelphia Electric Company the 1

schedule of Thermo-Lag corrective actions described in the Philadelphia Electric Company submittals to the NRC dated April 16 and December 29,1993, February 4 and December 19, 1994, March 29 and August 2,1995, May 2,1996, and March 24,1997. Based on the information submitted by Philadelphia Electric Company and provided during the meetings, the NRC staff has concluded that the schedules presented by Philadelphia Electric Company are i

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) integration with other significant, but unrelated issues that Philadelphia Electric Company is addressing at its plant. In order to remove compensatory measures such as fire watches, it has been determined that resolution of the Thermo-Lag corrective actions by Philadelphia Electric Company must be corapleted in accordance with current Philadelphia Electric Company schedules. By letter dated April 16,1998, the NRC staff notified Philadelphia Elecide Company of its plan to incorporate Philadelphia Electric Company's schedule commitment into a requirement by issuance of an order and requested consent from the Licensee. By letter dated April 27,1998, the Licensee provided its consent to issuance of a l

Confirmatory Order.

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The Uconsee's commitment as set forth in its letter of April 27,1998, is acceptable and i

is 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 Uconsee's commitment in 12s April 27,1998, letter be confirmed by this Order. The Ucensee has agreed to this action. Based on the above, and the Ucensee's consent, this Order is immediately effective upon issuance.

IV.

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:

Philadelphia Electric Company shall complete final implementation of Thermo-Lag 330-1 fire barrier corrective actions at LGS, Units 1 and 2, described in the Philadelphia Electric Company's submittals to the NRC dated April 16 and December 29,1993 February 4 and December 19,1994, March 29 and August 2,1995, May 2,1996, March 24,1997, and January 14,1998, by completion of the April 1999 refueling outage for LGS, Unit 2.

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

V.

Any person adversely affected by this Confirmatory Order, other than the Ucensee, may 1

l 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 I-

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4 made in writing to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and include a statement of good cause for the extension.

Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Attention: Chief, Rulemakings and Acqudications Staff, Washington, D.C. 20555.

Copies of the hearing request shall also be sent to the Director, Office of Nuclear Reactor l

Regulation, U. 8. Nuclear Regulatory Commission, Washington, D. C. 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region I,475 Allendale Road, King of Prussia, Pennsylvania 19406-1415, 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 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 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 l

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when the extension expires if a hearing request has not been received.' An answer or a request

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for heanng shen not stay the immediate effectiveness of this Order.

FOR THE NUCLEAR REGUI.ATORY COMMISSION I

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l Samuel J. Colhns, Drector Office of Nuclear Reactor ReCulation l

Dated at Rockville, Maryland this 19 day of May 1998.

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l 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 l

l a ue o lins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 19 day of rey 1998.

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