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 G Office of Nuclear Reactor Regulation
To:
References
GL-80-096, NUDOCS 8012110012
Download: ML031350464 (7)

~. '67 -'-.-Z~.St 66 o fi1J j It ILE OPREGULAYPElu 5"3L% N COPDocket No. 50-336.. F9.--~4.I..(- 200NOV 14 1m90Mr. W. G.NuclearNortheastP. 0. BoxHartford,Counsil, Vice PresidentEngineering & OperationsNuclear Energy Company270Connecticut 06101

Dear Mr. Counsil:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has beenpending since May 1980. The Commission has recently approved a revisedfinal version of that proposed Section 50.48 and Appendix R to 10 CFR 50which will be published in the Federal Re ister shortly and will becomeeffective 90 days after publ1ca-tf-. This revised 10 CFR 50.48 willcontain schedules for completion of all fire protection modifications.One set of schedules will be applicable to features covered by Appendix R.A similar set of schedules will be applicable to all other fire protectionmodifications that have been approved by the NRC staff in a staff safetyevaluation report. This latter set of schedules will require completionof modifications not covered by Appendix R by schedules specified inthe revised rule or by the dates noa specified as license conditions,whichever is sooner, unless an extension or exemption is approved by NRC.Some of the completion dates discussed in the SER for your facility maybe associated with modifications for which the NRC staff required additionalinformation, such as design details or test results, to be subsequentlyreviewed and approved by the NRC staff prior to implementation. To theextent that there are fire protection modifications such as this for yourfacility and the required additional information has not yet been approvedby the staff as evidenced in a staff safety evaluation report, there is nopresent implementation requirement; consequently, completion of such itemswill be governed by the schedules in the revised rule.In the interim, pending the effective date of the revised rule, the Commissionhas approved a new Section 50.48 of 10 CFR 50 suspending completion datesfor fire protection modifications previously approved by the NRC staff.This new section became effective upon publication in the Federal Re isteron October 29, 1980 (45 FR 71569). A copy of the new rule is enclosedfor your information. This rule will be superseded by the revised rule whenit becomes effective.Alis PIM(It Ct01 21 IoOI -pg0_ .rOFFICESURNAMEODATEOp................................................................................................................................................................ 1................. ................. ...................I.tJ~, .fD Af.i1NC l4 ..GVRMN RNIGOFC:17.8-6fiCfto rF'D O41R 10.7AI1 Pjr^M n24n*U.S. GOVERNMENT PRINTING OFFICE: 1979-289-369

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

Sincerely,Original signed byDarrell G. LisenhutDarrell G. Elsenhut, DirectorDivision of LicensingEnclosuro:As statedcc w/enclosure:See next pageDISTRIBUTION:Docket FileNRC PDRL PDRTERANSICORB#3 RdgNRR RdgEGCaseDEisenhutRPurpleTNovakRTedescoGLainasJRoeVBenaroyaOELDOI&E (3)RAClarkProject Manager -O i a"'PMKreutzerti)ACRS (16)RFerguson (5)JHeltemesGray File -ORB#3D OR3 DL ORB#3:DL l AD:OR:DL D:SURNAME ,f zer/i .L.. .................... ..... RA.tWAE.. /!#80 11J2801/10 i4j80.DATE l ... I .......... .1- 1 .. .. .. .i / 0 ...- ! ... 1... ...80 ..................I*U.S. GOVERNMENT PRINTING OFFICE: 1979-289-369..- -I--A MOcrA flAn Docke'IO UNITED STATESb { aNUCLEAR REGULATORY COMMISSIONg WASHINGTON, D.C. 20555t aNovember 14, 1980.t No. 50-336Mr. W. G. Counsil, Vice PresidentNuclear Engineering & OperationsNortheast Nuclear Energy CompanyP. 0. Box 270Hartford, Connecticut 06101

Dear Mr. Counsil:

As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has beenpending since May 1980. The Cnmmission has recently approved a revisedfinal version of that proposed Section 50.48 and Appendix R to 10 CFR 50which will be published in the Federal Register shortly and will becomeeffective 90 days after publication.WThis revised 10 CFR 50.48 willcontain schedules for completion of all fire protection modifications.One set of schedules will be applicable to features covered by Appendix R.A similar set of schedules will be applicable to all other fire protectionmodifications that have been approved by the NRC staff in a staff safetyevaluation report. This latter set of schedules will require completionof modifications not covered by Appendix R by schedules specified inthe revised rule or by the dates now specified as license conditions,whichever is sooner, unless an extension or exemption is approved by NRC.Some of the completion dates discussed in the SER for your facility maybe associated with modifications for which the NRC staff required additionalinformation, such as design details or test results, to be subsequentlyreviewed and approved by the NRC staff prior to implementation. To theextent that there are fire protection modifications such as this for yourfacility and the required additional information has not yet been approvedby the staff as evidenced in a staff safety evaluation report, there is nopresent implementation requirement; consequently, completion of such itemswill be governed by the schedules in the revised rule.In the interim, pending the effective date of the revised rule, the Commissionhas approved a new Section 50.48 of 10 CFR 50 suspending completion datesfor fire protection modifications previously approved by the NRC staff.This new section became effective upon publication in the Federal Registeron October 29, 1980 (45 FR 71569). A copy of the new rule is enclsdfor your information. This rule will be superseded by the revised rule whenit becomes effective.I

'-I-2-In the near future, we plan to contact you to identify specificallywhich fire protection features associated with your facility are coveredby Appendix R and would thus be subject to one set of schedules, andwhich are previously approved items which are covered by a differentset of schedules.ncerely,& .w rctorDivision of Licensing

Enclosure:

As statedcc w/enclosure:See next page Northeast Nuclear Energy Company% 401,cc:William H. Cuddy, EsquireDay, Berry & HowardCounselors at LawOne Constitution PlazaHartford, Connecticut 06103Anthony Z. RoismanKatural Resources917 15th Street,Washington, D.C.Defense CouncilNOW.20005Mr. Lawrence Bettencourt. First Selectman.Town of WaterfordHall of Records -200 Boston Post RoadWaterford, Connecticut 06385Northeast Nuclear Energy CompanyATTN: SuperintendentMillstone PlantPost Office Box 128Waterford, Connecticut 06385n r Technical AssessmentMr. John ShedloskyResident Inspector/Millstonec/o U.S. NRCP. 0. Drawer KKNiantic, CT 06357Mr. Charles B. Brin'cmanManager -Washington NuclearOperationsC-E Power SystemsCombustion Engineering, Inc.4853 Cordell Ave., Suite A-1.Bethesda, Maryland 20014Connecticut Energy Agency*ATTN: Assistant Director, Researchand Policy DevelopmentDepartment of Planning and EnergyPolicy20 Grand StreetHartford, Connecticut 06106DivisionOffice of Radiation Programs(AW-459)U. S. Environmental Protect1Crystal Mall #2Arlington, Virginia 20460on AgencyU. S. Environmental Protection AgencyRegion I OfficeATTN: EIS COORDINATORJohn F. Kennedy Federal BuildingBoston, Massachusetts 02203Waterford Public tibraryRope Ferry Road, Route 156Waterford, Connecticut 06385Northeast Utilities Service CompanyATTN: Mr. James R. HimnelwrightNuclear Engineering and OperationsP. 0. Box 270Hartford, Connecticut 06101.

-a I --. -I'Feieral Register / Vol. 4S. No. 211 t Wednesday. October 29. 198D I Riugs anJ Regulatins 7156published on October a.1980 45 FR64949. Te corrected I O9 is publishedbelow.EFFECrrVE DAT: April I& ISMFOR FURTHER INFORMAflON CONTAC11Robert P. De Young. Private RadioBureau. (202) 632-7175.ADORESS Federal CommunicationsCommission. Washington, D.C. 2055SUPPEMENTARY INFORMATIONCIn the Matter of amendment of Part 0to transfer authority for common carriermatters involving public coast stationsto the Private Radio Bureau.udeased: August 25.2901 In the Order in the above-captionedmatter. FCC 80-179 released April 7.-980 Section 0.91 of the rules wasamended to reflect a transfer of functionfro! the Common Carrier Bureau to thePrivate Radio Bureau (45 FR 25399. AprlJ15.1950).2.Section 0M of the rules was also-amended by Order. FCC 79-8released March 7.1980. to reflect thereorganization of the Common Carrier --Bureau. Through inadvertence. oarOrder of April 7. amended the languageof the rule prior to Its having beenamnded by our Order of March 7.1980(45 FR45619. March 13. 198).1.To correct this situation. SectionOM is amended as set forth in theattached appendix. to amend thecL-rently effective language of the rule.Federal Conmunications Commission.lSecs:4. 3M. 48 StaL. as amended. I2O 10H147, US.C. 154.3033* .Ticaxic,-Se~rraI- --*Part 0 of Chapter I of Title 47 of theCode of Federal Regulations is amendecas follows:In I 0.91 the introductory text isrevised to read as follows:50J1 Funetions the BueaTbe Common Carrier Bureaudevelops, recommends and administerspolicies and programs for the regulationof services, facilities, rates and practiceof entitiesiexcluding public coaststations in the maritime mobile service)which furnish interstate or foreigncommunications service for hire-whether by wire, radio. cable or satellitfacilities and of ancillary operationsrelated to the ;=visions or use of suchservices. The Bureau also regulates theatest, terms.,and conditions for cableIelevision and pole attachments, where-s ltgachme~ are not regulated by astate and not provided by railroads orrovernmentally-or cooperativelyowned utilities. The Bureau alsoperforms the following specficfunctions:* * * * -pCLEAP REGULATORYOMMtSSION -0CFR Par 50 ._re Protection Schedules forOperating Nuclear Power PlantsAOENc: U.S. Nuclear RegulatoryCommission.AI ow Final Ile.- -summARr. The Nuclear RegulatoryCommission (N'RC) is amending itsregulations to temporarily suspend.-completion schedules for certain fireprotection features ir. operating nuclearplants pending completion of its ongoingcomprehensive fire protectionrulemaking. This suspension isnecessary because some NRC licenseesare unable to meet fire protectionimplementation deadlines contained inlicensed conditions. The Commissionhas found that fire protection measures -already implemented give reasonableassurance of safety. and that no healthaud safety interest would be served byforcing certain licensees to shut downduring the brief period between thelicense condition deadlines and theeffectiveness of the final fire protectionrule.EFCTiVE DATE: October 29, 29BO.FOR FURTHER INFORMATION

CONTACT

.W11lliam Shields. Office of ExecutiveLegal Director. U.S. Nuclear RegulatoryCommission. Washington. D.C. 20555,phone 301-492-69SUPPLEUCNTARY INFORMATION: On May29,1980 the Commission published inthe Federal Register (45 FR 36402) aNotice of Proposed Rulernaking entitled.re Protection Program for NuclearPlants Operating Prior to January 1,1n7.- The proposed rule provided thats all tire protection modifications exceptalternate or dedicated shutdowncapability would be required to beImplemented by November 1,1980,unless the Commission approve ane extension for good cause, This deadlinewas also stated in the Commission'sMay.2 1980 Mernorandum and OrderOn the Union of Concerned ScientistsPetition for Emergency and RemedialAction. 21 NRC 707.n9. ---k Many of the commenters on theproposed rule contended that theNovember 1 deadline was unachievable.Moreover, much more time than wasearlier anticipated has been reqgred topm on ris poteicompletion. and wil ho.'porete.implementation schedule difern irmthat in the proposedmrule.ttlaszrt yet.been published and i any een:dnot be effective until 90 dayspublication. -Certain NRC licensees.hownm aneat present operating under licenconditions or technical spedicatbwthereto which Include the N;veoxr1 Ideadline or other dates wbic wlprecede the effective date of te Eiarule. To the extent that-these Ecenseeshave been unable to complete aD &ftefire protection measures t awhich thesedeadlines apply. continued opeaionwould violate the license conditios.The violation would extend cnly =3the final rule becomes effctair, s!scethe implementaton schedule ccn,.I dIn the final rule will supersedeInconsistent license conditio=sThe Commission has determian-.based upon a review of the ctm e:rdin this rulemakz. that relief rom thes&e~s^license conditions is appropriale -:pending promulgation of the fnah iale onfire protection applicable to aIL NClicensees Extensive fire protectio:measures have already beenimplemented at all operating plau~s Theimplementation schedule of the finalrule will be uniform and compreh:sive.and will apply to all operating placisincluding those with diffrent schedulescontained in license conditios. N:public health and safety Interest wonube served by forcing only thoselicensees unable to meet'dead2inespreceding the effectiveness of tie !nalrule to shut down for the brief btnim..To the contrary. the fire prsteczonmeasures already implemented Sh>vreasonable assurance that all ope.atmignuclear plants may continue to operate-safely even though the final rule w1require additional fire-protecticnmeasures at many plants.The Administrative Proc'ure Actprovides that a rule may be effectireupon-publication when that rule -Vawsor recognizes an exception cr rtieews arestriction." 5 U.S.C. 553 [d)(). This ruLrelieves certain NRC licensees 'ro-license conditions or technicalspecifications thereto in regard to fieprotection Implementation deadlines.and will therefore be effective rp= the.--date of publication in the FedmlRefister.'Furthernore, as noted ab-re.the proposed rule stated that extensionsfrom the November 1. deadline woed beconsidered for good causc. Extsivepublic comment was received to theffect that the deadline was eurealntic r 4. N .O -97i-i- 7e1a ettr/VL4.N.= 1Wdeda.Otbr2.9 ue n euaimand should be revised. Under thesecicumstances the Commission believesthat there is good cause for an extensionof the license condition schedulespending ellectiveness of the final rule onfire protectionTae rule provides that all compliancedates contained in license conditions ortechnical specifications for required fireprotection measures are suspendedpending fu-ther action by theCommission. As Is clear from the abovediscussion, that further action will bepromulgation of the final rule on fireprotection. The Commission intends thatlicessees arected by this rule shoulduse best efforts to complete all requiredmeasures as soon as possible despitethe suspension of the deadlines for thisbi.f period.Pursuant to the Atomic Energy Act of1954. as amended. the EnergyReorganization Act of 1974. as amended.and Sections 552 and 553 of Title 5 of theUnited States Code, notice is herebygiven that the following amendment toTitle 10. Chapter L Code of FederalRegulations. Part 50. is published as adocument subject to codification.PART 5S-DOMESTIC LICENSING OFPRODUCTION AND UTILIZATIONFACILITIES1. A new Section 58U is added toread as follows1 50.4 Fere protectIon schedu&e.To the extent that any facility'slicense conditions or technicalspecifications incorporate compliancedates for modifications neceussary toproVide fire protection featuresproposed by a licensee and accepted bythe NRC staff as satisfying theproisions of Appendix A to BranchTech=ical Position BTP/APCSB 9.5-1and reflected in NRC staff FireProtection Safety Evaluation ReportsIssued prior to the effective date of thisrule. those dates are hereby suspendedptndmn further action by theCommission.(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 ofOcober 198Fo: e eNuclear Regulatory Commission.S=uel C Chil.Secrexry of c Commission.jfl DMc 6..a3' Saad U4.U-M Mt4 aajSnMuwo c0oE 75904$-U2=