NRC Generic Letter 1980-96

NRC Generic Letter 1980-096: Transmittal of Revised Rule 10 CFR 50, Section 50.48 Suspending Completion Dates for Fire Protection Modifications Previously Approved by NRC Staff

ML031350464
Person / Time
Issue date:	11/14/1980
From:	Eisenhut D Office of Nuclear Reactor Regulation
To:
References
GL-80-096, NUDOCS 8012110012
Download: ML031350464 (7)

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Docket No. 50-336 .. F9

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NOV 14 1m90

Mr. W. G. Counsil, Vice President Nuclear Engineering & Operations Northeast Nuclear Energy Company P. 0. Box 270

Hartford, Connecticut 06101 Dear Mr. Counsil:

10 CFR 50 has been As you know, a proposed Section 50.48 and Appendix R to a revised pending since May 1980. The Commission has recently approved R to 10 CFR 50

final version of that proposed Section 50.48 and Appendixand will become which will be published in the Federal Re ister shortly 50.48 will effective 90 days after publ1ca-tf-. This revised 10 CFRmodifications.

contain schedules for completion of all fire protection by Appendix R.

One set of schedules will be applicable to features covered fire protection A similar set of schedules will be applicable to all other in a staff safety modifications that have been approved by the NRC staff completion evaluation report. This latter set of schedules will require specified in of modifications not covered by Appendix R by schedules conditions, the revised rule or by the dates noa specified as license approved by NRC.

whichever is sooner, unless an extension or exemption is facility may Some of the completion dates discussed in the SER for yourrequired additional be associated with modifications for which the NRC staff be subsequently information, such as design details or test results, to To the reviewed and approved by the NRC staff prior to implementation. as this for your extent that there are fire protection modifications such yet been approved facility and the required additional information has notreport, there is no by the staff as evidenced in a staff safety evaluation of such items present implementation requirement; consequently, completion will be governed by the schedules in the revised rule.

rule, the Commission In the interim, pending the effective date of the revised completion dates has approved a new Section 50.48 of 10 CFR 50 suspending the NRC staff.

for fire protection modifications previously approved by Federal Re ister This new section became effective upon publication in the is enclosed on October 29, 1980 (45 FR 71569). A copy of the new rule the revised rule when for your information. This rule will be superseded by it becomes effective. Al is PI

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-2- In the near future, we plan to contact you to Identify specifically are covered which fire protection features associated with your facility and by Appendix R and would thus be subject to one set of schedules, by a different which are previously approved itetms which are covered set of schedules.

Sincerely, Original signed by Darrell G. Lisenhut Darrell G. Elsenhut, Director Division of Licensing Enclosuro:

As stated cc w/enclosure:

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t aNovember 14, 1980

Docke .t No. 50-336 Mr. W. G. Counsil, Vice President Nuclear Engineering & Operations Northeast Nuclear Energy Company P. 0. Box 270

Hartford, Connecticut 06101 Dear Mr. Counsil:

R to 10 CFR 50 has been As you know, a proposed Section 50.48 andhasAppendix approved a revised pending since May 1980. The Cnmmission 50.48 recently and Appendix R to 10 CFR 50

final version of that proposed Section Register shortly and will become which will be published in the Federal revised 10 CFR 50.48 will effective 90 days after publication.WThis protection modifications.

contain schedules for completion of all fireto features covered by Appendix R.

One set of schedules will be applicable to all other fire protection A similar set of schedules will be applicablethe NRC staff in a staff safety modifications that have been approved by will require completion evaluation report. This latter set of schedules R by schedules specified in of modifications not covered by Appendix as license conditions, the revised rule or by the dates now specified or exemption is approved by NRC.

whichever is sooner, unless an extension SER for your facility may Some of the completion dates discussed in the the NRC staff required additional be associated with modifications fororwhich test results, to be subsequently information, such as design details implementation. To the reviewed and approved by the NRC staff prior to modifications such as this for your extent that there are fire protection information has not yet been approved facility and the required additional safety evaluation report, there is no by the staff as evidenced in a staff completion of such items present implementation requirement; consequently, rule.

will be governed by the schedules in the revised In the interim, pending the effective10date of the revised rule, the Commission has approved a new Section 50.48 of CFR 50 suspending completion dates for fire protection modifications previously approved by the NRC staff.

publication in the Federal Register This new section became effective upon of the new rule is enclsd on October 29, 1980 (45 FR 71569). A copy be superseded by the revised rule when for your information. This rule will it becomes effective.

I

'-I

-2- In the near future, we plan to contact you to identify specifically are covered which fire protection features associated with your facility and by Appendix R and would thus be subject to one set of schedules, a different which are previously approved items which are covered by set of schedules.

ncerely,

& . w rctor Division of Licensing Enclosure:

As stated cc w/enclosure:

See next page

Northeast Nuclear Energy Company

% 401, Mr. John Shedlosky cc: Resident Inspector/Millstone William H. Cuddy, Esquire c/o U.S. NRC

Day, Berry & Howard P. 0. Drawer KK

Counselors at Law Niantic, CT 06357 One Constitution Plaza Hartford, Connecticut 06103 Mr. Charles B. Brin'cman Anthony Z. Roisman Manager - Washington Nuclear Katural Resources Defense Council Operations

917 15th Street, NOW. C-E Power Systems Washington, D.C. 20005 Combustion Engineering, Inc.

4853 Cordell Ave., Suite A-1.

Maryland 20014 Mr. Lawrence Bettencourt. First Selectman Bethesda,

.Town of Waterford Hall of Records - 200 Boston Post Road Waterford, Connecticut 06385 Northeast Nuclear Energy Company ATTN: Superintendent Connecticut Energy Agency Millstone Plant *ATTN: Assistant Director, Research Post Office Box 128 and Policy Development Waterford, Connecticut 06385 Department of Planning and Energy Policy n r Technical Assessment

20 Grand Street Division Hartford, Connecticut 06106 Office of Radiation Programs (AW-459) Agency U. S. Environmental Protect1 on Crystal Mall #2 Arlington, Virginia 20460

U. S. Environmental Protection Agency Region I Office ATTN: EIS COORDINATOR

John F. Kennedy Federal Building Boston, Massachusetts 02203 Waterford Public tibrary Rope Ferry Road, Route 156 Waterford, Connecticut 06385 Northeast Utilities Service Company ATTN: Mr. James R. Himnelwright Nuclear Engineering and Operations P. 0. Box 270

Hartford, Connecticut 06101

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'Feieral Register / Vol. 4S. No. 211 t Wednesday. October 29. 198D I Riugs anJ Regulatins 7156 published on October a.1980 45 FR performs the following specfic earlier anticipated has been reqgred to

64949. Te corrected I O9 is published functions: pm on rispotei

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below. * *

EFFECrrVE DAT: April I& ISM completion. and wil ho.'porete.

implementation schedule difern irm FOR FURTHER INFORMAflON CONTAC11 that in the proposedmrule.ttlaszrt yet Robert P. De Young. Private Radio .been published and i any een:d Bureau. (202) 632-7175. not be effective until 90 days pCLEAP REGULATORY publication. -

ADORESS Federal Communications OMMtSSION - Certain NRC licensees.hownm ane Commission. Washington, D.C. 2055 SUPPEMENTARY INFORMATIONC 0CFR Par 50 ._ at present operating under licen In the Matter of amendment of Part 0 conditions or technical spedicatbw re Protection Schedules for thereto which Include the N;veoxr1I

to transfer authority for common carrier deadline or other dates wbic wl matters involving public coast stations Operating Nuclear Power Plants to the Private Radio Bureau. precede the effective date of te Eia AOENc: U.S. Nuclear Regulatory rule. To the extent that-these Ecensees udeased: August 25.290 Commission. have been unable to complete aD &fte

1 In the Order in the above-captioned AI ow Final Ile.- - fire protection measures tawhich these matter. FCC 80-179 released April 7. deadlines apply. continued opeaion summARr. The Nuclear Regulatory would violate the license conditios.

-980 Section 0.91 of the rules was Commission (N'RC) is amending its The violation would extend cnly =3 amended to reflect a transfer of function regulations to temporarily suspend.-

fro! the Common Carrier Bureau to the the final rule becomes effctair, s!sce Private Radio Bureau (45 FR 25399. AprlJ completion schedules for certain fire the implementaton schedule ccn,.I d protection features ir. operating nuclear In the final rule will supersede

15.1950). plants pending completion of its ongoing Inconsistent license conditio=s

2.Section 0M of the rules was also comprehensive fire protection

-amended by Order. FCC 79-8 The Commission has determian rulemaking. This suspension is -. based upon a review of the ctm e:rd released March 7.1980. to reflect the necessary because some NRC licensees reorganization of the Common Carrier - in this rulemakz. that relief rom thes&e~s^

are unable to meet fire protection license conditions is appropriale - :

-Bureau. Through inadvertence. oar implementation deadlines contained in Order of April 7. amended the language pending promulgation of the fnah iale on licensed conditions. The Commission fire protection applicable to aIL NC

of the rule prior to Its having been has found that fire protection measures - licensees Extensive fire protectio:

amnded by our Order of March 7.1980 already implemented give reasonable

(45 FR45619. March 13. 198). measures have already been assurance of safety. and that no health implemented at all operating plau~s The

1.To correct this situation. Section aud safety interest would be served by OM is amended as set forth in the implementation schedule of the final forcing certain licensees to shut down rule will be uniform and compreh:sive.

attached appendix. to amend the during the brief period between the and will apply to all operating placis cL-rently effective language of the rule. license condition deadlines and the including those with diffrent schedules Federal Conmunications Commission. effectiveness of the final fire protection contained in license conditios. N:

lSecs:4. 3M. 48 StaL. as amended.I2O 10H1 rule. public health and safety Interest wonu

47, US.C. 154.3033 EFCTiVE DATE: October 29, 29BO. be served by forcing only those

• .Ticaxic, FOR FURTHER INFORMATION

CONTACT

. licensees unable to meet'dead2ines

-Se~rraI-

- -* W11lliam Shields. Office of Executive preceding the effectiveness of tie !nal Part 0 of Chapter I of Title 47 of the Legal Director. U.S. Nuclear Regulatory rule to shut down for the brief btnim..

Code of Federal Regulations is amendec Commission. Washington. D.C. 20555, To the contrary. the fire prsteczon as follows: phone 301-492-69 measures already implemented Sh>v In I 0.91 the introductory text is SUPPLEUCNTARY INFORMATION: On May reasonable assurance that all ope.atmig revised to read as follows: 29,1980 the Commission published in nuclear plants may continue to operate the Federal Register (45 FR 36402) a -safely even though the final rule w1

50J1 Funetions the Buea Notice of Proposed Rulernaking entitled require additional fire-protecticn Tbe Common Carrier Bureau .re Protection Program for Nuclear measures at many plants.

develops, recommends and administers Plants Operating Prior to January 1, The Administrative Proc'ure Act policies and programs for the regulation 1n7.- The proposed rule provided that provides that a rule may be effectire of services, facilities, rates and practice s all tire protection modifications except upon-publication when that rule -Vaws of entitiesiexcluding public coast alternate or dedicated shutdown or recognizes an exception cr rtieews a stations in the maritime mobile service) capability would be required to be restriction." 5 U.S.C. 553 [d)(). This ruL

which furnish interstate or foreign Implemented by November 1,1980, relieves certain NRC licensees 'ro- communications service for hire- unless the Commission approve an license conditions or technical whether by wire, radio. cable or satellit e extension for good cause, This deadline specifications thereto in regard to fie facilities and of ancillary operations was also stated in the Commission's protection Implementation deadlines.

related to the ;=visions or use of such May.21980 Mernorandum and Order and will therefore be effective rp= the services. The Bureau also regulates the On the Union of Concerned Scientists .--date of publication in the Fedml atest,terms.,and conditions for cable Petition for Emergency and Remedial Refister.'Furthernore, as noted ab-re.

Ielevision and pole attachments, where Action. 21 NRC 707.n9. - -- the proposed rule stated that extensions

-s ltgachme~are not regulated by ak Many of the commenters on the from the November 1. deadline woed be state and not provided by railroads or proposed rule contended that the considered for good causc. Extsive rovernmentally-or cooperatively November 1 deadline was unachievable. public comment was received to th owned utilities. The Bureau also Moreover, much more time than was effect that the deadline was eurealntic

r 4. N .O -9

7i-i- 7e1a ettr/VL4.N.= 1Wdeda.Otbr2.9 ue n euaim and should be revised. Under these cicumstances the Commission believes that there is good cause for an extension of the license condition schedules pending ellectiveness of the final rule on fire protection Tae rule provides that all compliance dates contained in license conditions or technical specifications for required fire protection measures are suspended pending fu-ther action by the Commission. As Is clear from the above discussion, that further action will be promulgation of the final rule on fire protection. The Commission intends that licessees arected by this rule should 2=

use best efforts to complete all required measures as soon as possible despite the suspension of the deadlines for this bi.f period.

Pursuant to the Atomic Energy Act of

1954. as amended. the Energy Reorganization Act of 1974. as amended.

and Sections 552 and 553 of Title 5 of the United States Code, notice is hereby given that the following amendment to Title 10. Chapter L Code of Federal Regulations. Part 50. is published as a document subject to codification.

PART 5S-DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

1. A new Section 58U is added to read as follows

150.4 Fere protectIon schedu&e.

To the extent that any facility's license conditions or technical specifications incorporate compliance dates for modifications neceussary to proVide fire protection features proposed by a licensee and accepted by the NRC staff as satisfying the proisions of Appendix A to Branch Tech=ical Position BTP/APCSB 9.5-1 and reflected in NRC staff Fire Protection Safety Evaluation Reports Issued prior to the effective date of this rule. those dates are hereby suspended ptndmn further action by the Commission.

(Semimb. Pub. Law u3- e6a Stat. 94& Sec.

20t Prb. Law 33-43L 8 Stat 242 (42 US.C.

Zzwi(b). 581u]

Dated at Washingtorn D.C this 27th day of Ocober 198 Fo: eeNuclear Regulatory Commission.

S=uel C Chil.

Secrexry of c Commission.

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