ML20247M880

Confirmatory Order Modifying Licenses Effective Immediately. PECO Energy Co Shall Complete Final Implementation of Thermo-Lag 330-1 Fire Barrier Corrective Actions at Peach Bottom Atomic Power Station,Units 2 & 3

ML20247M880
Person / Time
Site:	Peach Bottom
Issue date:	05/19/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
Shared Package
ML20247M853	List: ML20247M848 ML20247M880
References
NUDOCS 9805260404
Download: ML20247M880 (5)

Text

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7590-01-P UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION in the Matter of )

)

PECO Energy Company ) Docket Nos. 50-277

) and 50 278 Peach Bottom Atomic Power Station, Units 2 & 3 )

CONFIRMATORY ORDER MODIFYlNG UCENSES EFFECTIVE IMMEDIATELY I.

PECO Energy Company, (PECO or the Licensee) is the holder of Facility Operating Licenses Nos. DPR-44 and DPR-56, which authorize operation of Peach Bottom Atomic Power Station, Units 2 and 3, located Ir. York County, Pennsylvania.

II.

The staff of the U.S. Nuclear Regulatory Commission (NRC) has been concemed that Thermo-Lag 3301 fire barrier systems installed by licensees may not provide the level of fire endurance intended and that licensees that use Thermo-Lag 330-1 fire barriers may not be meeting regulatory requirements. During the 1992 to 1994 time frame, 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 alllicensees' corrective plans and implementation 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 980b260404 980519 PDR ADOCK 05000277 P PDR

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' plants that have completion action scheduled beyond 1997, the NRC staN has met with the licensees to discuss the progress of the licensees' corrective actions and the extent of licensee management attention regarding completion of Thermo-Lag corrective actions.  !

PECO Energy Company was one of the licensees with which the NRC staff held meetings. At these meetings, the NRC sta# roviewed with PECO Energy Company the schedule of Thermo-Lag corrective actions described in the PECO Energy Company's submittals l

to the NRC dated April 16 and December 29,1993; February 4 and Dwhbor 19,1994; March 29 and August 2,1995; May 2,1996, March 24,1997; and January 14,1998. Based on the information submitted by PECO Energy Company, the NRC sta# has concluded that the I schedules presented by PECO Energy Company 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, and (3) the need to perform certain plant modifications during outages as opposed to those that can be performed while the plant is at power. In order to remove compensatory measures such as fire watches, it has been determined that resolution of the  !

Thermo-Lag corrective actions by PECO Energy Company must be completed in accordance  !

with current PECO Energy Company's schedules. By letter dated April 16,1998, the NRC staff l 1 \

j notified PECO Energy Company of its plan to incorporate PECO Energy Company's schedule commitment into a requirement by issuance of an Order and requested consent from the i

l Licensee. By letter dated April 27,1998, the Licensee provided its consent to issuance of a Confirmatory Order.

Ill.

The Licensee's commitment as set forth in its letter of April 27,1998, is acceptable and is necessary for the NRC to conclude that public health and safety are reasonably assured. To j preclude any schedule slippage and to assure public health ac.d safety, the NRC staff has

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

IV.

l Accordingly, pursuant to sections 103,161b,1611,1610,182, 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 l PECO Energy Company shall complete final implementation of Thermo-Lag 330-1 l

l fire barrier corrective actions at Peach Bottom Atomic Power Station, Units 2 and 3, described in the PECO Energy Company's submittals to the NRC dated April 16 l

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, prior to i

restart from 3R12 refueling outage of Peach Bottom Atomic Power Station, Unit 3, l scheduled for October 1999.

l l

l The Director, Office of Nuclear Reactor Regulation, may relax or rescind, in writing, any l 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 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. Nuclear Regulatory Commission, Washington, D.C. 20555, and include a statement of good cease for the extension.

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Any request for a hearing shall be sutetted to tho' sew, U.S. Nuclear Regulatory Commission, Attention: Chief, Ru; TA and A4udmations 8taff, Washington, D.C. 20555.

Copies of the hearing request shall also be sent to the Dwector, Office of Nuclear Reactor 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 fosth with parti:;ularity the manner in which his/her interest is adversely affected by this Order and shall address criteria set forth !n 10 CFR 2.714(d).

If a hearing is requested by a person whose interest is adversely affected, the Commission will issue 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 heanng, or written approval of an extension of time in which to request a hearing, the provis;ons specifieni in Sechon 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 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 Samuel J. C s, Director Office of Nuclear Reactor Regulation Dated at Rockville, and this 19 day of ya // 1998.

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• See previous concurrence

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OFC . Ol-2 LA:PDW h PD:PDI-2 h ' (A)D:DRPV OGC NAME ni:mw M O'Br n RCapra R JZw RHoefling DATE [/ N /98 b / b /98 5/I4 /98 1/ Ib /98 05/14/98

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Any request for a hearing shall be submitted to the Secretary, U.S. Nacisar Roguistory Commission, Attention: Chief, Rulemaking and A4udications Staff, Washington, D.C. 20555.

Copies of the hearing request shall also be sent to the Director, Office of Nuclear Reactor 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 194061415 and to the 4

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 req' Jest for hearing, or written approval of an extension of time in I i

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. N an extension of time for requesting a hearing has been approved, the provisions specifad 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.  ;

FOR THE NUCLEAR REGULATORY COMMISSION or Office of Nuclear Reactor Regulation 4

Dated at Rockville, Maryland this 19dayof May 1998.

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