NG-06-0271, Affirmation of Letter of Intent to Transition to 10 CFR 50.48(c) - National Fire Protection Association Standard NFPA 805, Performance-Based Standards for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition

Affirmation of Letter of Intent to Transition to 10 CFR 50.48(c) - National Fire Protection Association Standard NFPA 805, Performance-Based Standards for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition

ML062060317
Person / Time
Site:	Duane Arnold
Issue date:	07/11/2006
From:	Vanmiddlesworth G Duane Arnold
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NFPA 805, NG-06-0271
Download: ML062060317 (3)

Text

FPL Energy Duane Arnold, LLC 3277 DAEC Road Palo, Iowa 52324 FPLEnergy.

Duane Arnold Energy Center July 11, 2006 NG-06-0271 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 Duane Arnold Energy Center Docket 50-331 License No. DPR-49 Affirmatibn of Letter of Intent to Transition to 10 CFR 50.48(c)- National Fire Protection Association Standard NFPA 805, "Performance-based Standards for Fire Protection for Light Water Reactor Electric Generating Plants," 2001 Edition

Reference:

Letter from ,,yclear Management Company (NMC) to NRC, Letter L-HU-05-023, dated Novembe ,0 '2005 (,Adam* Accqssion Number ML0503460342)

On November 30,;2005, NMC transmitted its leterof. intent to transition to the performance based fire protection ruI 'contained in 10 CFR 50.48(c). This letter!,

included a statementdof intent to transition the Duane.Arnold Energy, Center (DAEC) to 10 CFR 50.48(c., Dueto the pending plant sale, no schedule for the DAEC transition was provided'.

This letter affirms FPL Energy's intent to transition the DAEC tothe performance based-standard for firep-r-toe--Cti0-afnd-provides a schedule for the implementation of the transition.

The transition to thed'erformance based standard for fire protection has commenced and is expected to take' 42 'months, from the date ofthis. letter,-to develop the :.:,

License AmendmientRequest (LAR). This proposed.schedule is subject to change depending on th6 progress of the NFPA 805. the extent to which

.plofprints.and DAEC determines the need fbr either physical modifications or changes to the fire protection program to comply with NFPA 805. An updated -transition schedule will accompany the LAR retuired under,10 CFR 50.48(c)(3)(i). . .

In accordance with the NRC Enforcement Policy section titled, "Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues".(10 CFR 50.48), FPL Energy is requesting enforcement discretion for existing 'identified noncompliances and noncompliances identified during the transition process. AccF'D

NG-06-0271 Page 2 of 3 For reasons stated below, FPL Energy requests an enforcement discretion window of greater than three years.

(1) FPL Energy is currently performing a major fire protection improvement project, including revision of the Appendix R analysis, revision of the fire barrier evaluations, and update of the Fire Hazards Analysis at DAEC. The completion of this project is required for the transition to NFPA 805.

(2) Due to changes in regulations and standards over the years, noncompliances may be identified as FPL Energy transitions to NFPA 805.

The requested enforcement discretion window should ensure that FPL Energy can perform a thorough investigation of the extent of condition at DAEC.

4(3) FPL Energy anticipates-that the majority-of the plant fire areas will transition using the deterministic methodology of NFPA 805. Currently there is no guidance in NEI 04-02 or the draft transition Regulatory Guide on the deterministic transition.

(4) Within FPL Energy, or within the nuclear industry, there is a limited population of fire safe shutdown experts needed to support the update and validation of the revised post fire safe shutdown analysis.

(5) FPL Energy is coordinating this effort within the FPL fleet to better utilize the limited fire protection resources available.

(6) Finally, FPL Energy believes that the risk of granting the requested enforcement discretion window is low, since noncompliances for which FPL Energy would request enforcement discretion must meet the requirements of the Interim Enforcement Policy. The Interim Enforcement policy applies only to those findings that are not characterized as safety significant.

FPL Energy understands that this letter, by reaffirming the November 30, 2005 NMC Letter of Intent, initiates a window of enforcement discretion for DAEC, during which no enforcement actions will be taken by the NRC for non-safety significant noncompliances, subject to the guidance provided in the Interim Enforcement Policy.

The NRCInterim-Enforcement Policy 15roVides thad a- a condition of-eligFbillty to enforcement discretion, "Licensees will perform a plant-wide assessment to identify fire area and fire hazards and evaluate compliance with their existing fire protection licensing basis." FPL Energy is in the process of performing this evaluation during the fire protection improvement project currently underway.

The NFPA Transition Process will proceed in four phases:

Phase 1 - Completion of the fire protection improvement project, which will improve the documentation of the approved fire protection program as required to support the transition evaluation.

Phase 2 - Technical and regulatory assessments to determine the feasibility and practicality of performing the transition.

NG-06-0271 Page 3 of 3 Phase 3 - Reviews and Engineering Analysis

• Completion of PRA

• Fundamental Fire Protection Program and Design Element Review

• Nuclear Safety Performance Criteria Transition Review

• Non-Power Operational Mode Transition Review

• Radiological Release Transition Review

• Change Management Evaluations

• License Amendment Request Phase 4 - Implementation

• -Program Documentation

• Configuration Control

• Monitoring FPL Energy will consider this transition to be completed upon receipt of the License Amendment authorizing the transition to 10CFR50.48(c).

The NRC Interim Enforcement Policy provides guidelines for enforcement discretion for identified non-compliances. Those non-compliances must be entered into the licensee's Corrective Action Program, must not be associated with findings that the Reactor Oversight Process Significance Determination Process (SDP) would evaluate as Red, or would not categorize at a Severity Level 1, and appropriate compensatory measures have been taken (non-safety significant). As outlined in the NRC Interim Enforcement Policy, enforcement discretion begins with the licensee's letter of intent.

This letter contains no new commitments.

Please con ve Catron at 319/851-7234 if there are any questions.

an Middlesworth Vice President Duane Arnold Energy Center cc: Administrator, Region Ill, USNRC Project Manager, DAEC, USNRC Senior Resident Inspector, DAEC, USNRC