ML20248D810

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Confirmatory Order Modifying License.Util Should Complete Final Implementation of Thermo-Lag 330-1 Fire Barrier Corrective Actions Described in Util 980410 Submittal,By 000630
ML20248D810
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 05/21/1998
From: Collins S
NRC (Affiliation Not Assigned)
To:
FLORIDA POWER CORP.
Shared Package
ML20248D814 List:
References
NUDOCS 9806030103
Download: ML20248D810 (5)


Text

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1 7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of

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Florida Power Corporation

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Docket No. 50-302

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Crystal River Unit 3

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CONFIRMATORY ORDER MODIFYING LICENSE

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EFFECTIVE IMMEDIATELY 1.

Florida Power Corporation, (FPC or the Licensee) is the holder of Facility Operating License No. DPR-72, which authorizes operation of Crystal River Unit 3 located in Citrus County, Florida.

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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 330-1 fire barriers may not be j

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

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' 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 I

Thermo-Lag issue. The NRC staff has obtained and reviewed alllicensees' 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 f

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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.

Crystal River Unit 3 was one of the plants that have completion action scheduled beyond 1997. Based on the information submitted by FPC in its April 10,1998 submittal, the NRC staff has concluded that the schedule presented by FPC is reasonable. This conclusion is based on (1) the 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 FPC 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 FPC must be completed in accordance witii the current FPC schedule. By NRC 90 Days After Startup (Breaker Closure)|letter dated April 23,1998]], the NRC staff notified FPC of its plan to incorporate FPC's schedule commitment into a requirement by issuance of an order and requested consent from the Licensee. By letter dated May 6,1998, the Licensee provided its consent to issuance of a Confirmatory Order.

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The Licensee's commitment as set forth in !ts letter of May 6,1998, is acceptable and is necessary for the NRC to conclude that public health and safety are reasonably assi.: red. 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 6,1998, letter be confirmed by this Order.

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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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Accordingly, pursuant to sections 103,161b,1611,161o,.182, and 186 of the Atomic f

Energy Act of 1g54, as amended, and the Commission's regu!ations in 10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED, effective immediately, that:

Florida Power Corporation shall complete final implementation of Thermo Lag 330-1 fire barrier corrective actions at Crystal River Unit 3 described in the Florida Power Corporation submittal to the NRC dated April 10, igg 8, by June 30,2000.

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.

V.

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. Nuclear Regulatory Commission, Washington, DC 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 Adjudications Staff, Washington, DC 20555.

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

Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region ll, Atlanta Federal Center,61 Forsyth Street, SW, Suite 23T85, Atlanta, GA 30303, and to the Licensee. If such a person aquests a hearing, that person shall set forth with particularity the manr 3r in which his/her interest is adversely affected by this Order and shall address ciiteria set forth in 10 CFR 2.714(d).

4 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 provisioris specified in Section IV above shall be final 20 days from the date of this Order without further orde or proceedings. If an extension of time for requesting a hearing has bec 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 imrnediate effectiveness of this Order.

FOR THE NUCLEAR REGULATORY COMMISSION am or Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 21st day of May 1998 1

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May 21, 1998 4

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 l

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 sn 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 when the extensim 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

@8Ign0dby SamuelJ.CoHins Samuel J. Collins, Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland j

this a t y day of May 1998 l

I Distribution: See ltr to John Paul Cowan f

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