ML20249B961
| ML20249B961 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/22/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | CENTERIOR ENERGY, CLEVELAND ELECTRIC ILLUMINATING CO., TOLEDO EDISON CO. |
| Shared Package | |
| ML20249B962 | List: |
| References | |
| NUDOCS 9806250109 | |
| Download: ML20249B961 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 911SSION In the Matter of
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'TOLED0 EDISON COMPANY
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Docket No. 50-346
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CENTERIOR SERVICE COMPANY
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THE CLEVELAND ELECTRIC ILLUMINATING
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COMPANY
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(Davis-Besse Nuclear Power Station,
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Unit 1)
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CONFIRMATORY ORDER MODIFYING LICENSE EFFECTIVE IMMEDIATELY I.
Toledo Edison Company, Centerior Service Company, and 7he Cleveland Electric Illuminating Company (the Licensees) are the holder; of Facility Operating License No. NPF-3, which authorizes operation of the Davis-Besse Nuclear Power Station, Unit 1, located in Ottawa County, Ohio.
II.
The staff of the U.S. Nuclear Regulatory Commission (NRC) has been concerned that Thermo-Lag 330-1 fire barrier systems installed by licensees may not provide the level of fire endurance intended and that licensees using Thermo-Lag 330-1 fire barriers may not be meeting regulatory requirements.
During the 1992 to.1994 timeframe, the NRC staff issued Generic Letter (GL) 92-08, "Thermo-Lag 330-1 Fire Barriers," and subsequent-requests for additional information that asked licensees to submit plans and schedules for resolving the Thermo-Lag issue. The NRC staff has obtained and reviewed all 980MtS0109 980622
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2 such corrective plans and schedules. The staff is concerned 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. The NRC staff has met with licensees of ' plants that have completion action scheduled beyond'1997 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.
The NRC staff met with the Licensees for Davis-Besse on April 3, 1997.
At this meeting, the NRC staff reviewed the schedule of Thermo-Lag corrective actions described in the Licensees' submittals to the NRC dated February 20, April 24, June 26, and November 5, 1996, as documented in the NRC meeting summary dated April 16, 1997. On the basis of the information submitted by the Licensees (including an additional letter dated September 10,1997),the NRC staff has concluded that the schedules presented are 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; 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 the Licensees must be completed in accordance with their current schedule. By letter dated Nay 4, 1998, the NRC staff notified the Licensees of its plan to incorporate their
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schedule comitment into a requirement by issuance of an order and requested consent from the Licensees.
By letter dated June ll, 1998, the Licensees provided their consent to issuance of a Confirmatory Order.
III.
The Licensees' comitment as set forth in their letter of June 11, 1998, is acceptable and is necessary for the NRC to conclude that public health and safety' are reasonably assured. To preclude any schedule delay and to ensure public health and safety, the NRC staff has detennined that the Licensees' comitment in their June 11, 1998, letter be confirmed by this Order. The Licensees have agreed to this action. On this basis, and the Licensees' consent, this Order is immediately effective upon issuance.
IV.
Accordingly, pursuant to sections 103, 161b, 1614, 1610, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Comission's regulations in l
10 CFR 2.202 and 10 CFR Part 50, IT IS HEREBY ORDERED, effective imediately, l
that The Toledo Edison Company, Centerior Service Company, and The Cleveland Electric Illuminating Company (the l
licensees) shall complete final implementation of Thenno-Lag 330-1 fire barrier corrective actions at j
l the Davis-Besse Nuclear Power Station, Unit No.1, by December 31, 1998, as described in the licensees' submittals to the NRC dated February 20, 1996, April 24, 1996, June 26, 1996, November 5, 1996, and September 10, 1997, and as presented at the licensees' meeting with the NRC staff on April 3, 1997, as documented in the NRC meeting sumary dated April 16, 1997.
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The Director, Office of Nuclear Reactor Regulation, may relax or rescind, in writing, any provisions of this Confirmatory Order upon a showing by the Licensees of good cause.
V.
Any person adversely affected by this Confirmatory Order, other than the Licensees, may request a hearing within 20 days of its issuance. Where good i
cause is shown, consideration will be given to extending the time to request a l
hearing. A request for extension of time must be made in writing to the j
l Director, Office of Nuclear Reac+or Regulation, U.S. Nuclear Regulatory j
Commission, Washington, D.C.
20555-0001, and must 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:
Rulemakings and l
Adjudications Staff, Washington, D.C.
20555-0001.
Copies of the hearing request shall also be sent to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555-0001, to the Deputy Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois 60532-4351, and to the Licensees.
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 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.
5 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 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 h betor Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 22nd day of June 1998 l
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