ML13322B259

Request for Enforcement Discretion in Accordance with the Interim Enforcement Policy for Fire Protection Issues During Transition to National Fire Protection Standard NFPA 805

ML13322B259
Person / Time
Site:	Hatch
Issue date:	12/02/2013
From:	Evans M G Division of Operating Reactor Licensing
To:	Pierce C R Southern Nuclear Operating Co
Martin, Robert NRR/DORL 415-1493
References
TAC MF3043, TAC MF3044
Download: ML13322B259 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C.

December 2, 2013 Mr. C. R. Pierce Regulatory Affairs Director Southern Nuclear Operating Company, Inc. Post Office Box 129S, Bin -038 Birmingham, AL 3S201-129S EDWIN I. HATCH NUCLEAR PLANT, UNITS 1 AND 2 -REQUEST FOR ENFORCEMENT DISCRETION IN ACCORDANCE WITH THE INTERIM ENFORCEMENT POLICY FOR FIRE PROTECTION ISSUES DURING TRANSITION TO NATIONAL FIRE PROTECTION STANDARD NFPA 80S (TAC NOS. MF3043, MF3044)

Dear Mr. Pierce:

On July 12, 2011, the U.S. Nuclear Regulatory Commission (NRC) published in the Federal Register (76 FR 40777) the latest revision to its Interim Enforcement Policy (Policy) regarding enforcement discretion for certain fire protection issues, allowing licensees to request enforcement discretion for pursuing transition to Title 10 of the Code of Federal Regulations (10 CFR) Section S0.48(c), "National Fire Protection Standard NFPA 80S." The Policy states, in general, that enforcement discretion starts on the date of the letter of intent and ends 3 years after that initial start date. Once an acceptable license amendment request (LAR) is submitted and under review enforcement discretion will continue to be in place until the NRC dispositions the LAR. By letter dated October 4, 2013, Southern Nuclear Operating Company (SNC) requested fire protection enforcement discretion for Edwin I. Hatch Nuclear Plant, Units 1 & 2 (HNP), for transition to the National Fire Protection Association's risk-informed, performance-based standard for light water reactors (NFPA 80S). SNC is requesting a full enforcement discretion period (36 months) for the preparation of their LAR, with a start date of October 4, 2013. In accordance with the Policy, the NRC will normally not take enforcement action for a violation of 10 CFR S0.48(b) (or the requirements in a fire protection license condition) involving a problem in an area such as engineering, deSign, implementing procedures, or installation if the violation is documented in an inspection report and meets all of the following criteria: The licensee identified the violation as a result of a voluntary initiative to adopt the informed, performance-based fire protection program under 10 CFR S0.48(c), or, if the NRC identified the violation, the NRC found it likely that the licensee would have identified the violation in light of the defined scope, thoroughness, and schedule of its transition to 10 CFR S0.48(c). The licensee corrected the violation or will correct the violation after completing its transition to 10 CFR S0.48(c).

Also, the licensee took immediate corrective action or compensatory measures (CMs) or both within a reasonable time commensurate with the risk significance of the issue following identification; this action should involve expanding the initiative, as necessary, to identify other issues caused by similar root causes.

C. -2 Routine licensee efforts, such as normal surveillance or quality assurance activities, were not likely to have previously identified the violation.

4. The violation was not willful. Existing non-compliances, including operator manual actions, identified prior to the letter of intent will be treated consistent with the Enforcement Policy. Guidance on appropriate compensatory measures for previous or future identified non-compliances is contained in NRC Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements." Accordingly, your requested NFPA 805 enforcement discretion for Hatch, Units 1 and 2, is approved and your enforcement discretion timeframe has commenced on October 4, 2013. Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-321 and 50-366 cc w/encl: Distribution via Listserv 3 C. Pierce -2 Routine licensee efforts, such as normal surveillance or quality assurance activities, were not likely to have previously identified the violation.

4. The violation was not willful. Existing non-compliances, including operator manual actions, identified prior to the letter of intent will be treated consistent with the Enforcement Policy. Guidance on appropriate compensatory measures for previous or future identified non-compliances is contained in NRC Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements." Accordingly, your requested NFPA 805 enforcement discretion for Hatch, Units 1 and 2, is approved and your enforcement discretion timeframe has commenced on October 4, 2013. Sincerely, IRA by JMonninger forI Michele G. Evans, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-321 and 50-366 cc w/encl: Distribution via Listserv DISTRIBUTION:

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AKlein NHilton RPascarelli 11/25/13 11/19/13 11/25/13 11/26/13 11/27/13 OFFICE DORUD DORULPL2-1/PM NAME MEvans I (JMonninger for) RMartin DATE 11/29/13 1212/13 OFFICIAL RECORD