ML062700009

NRC Response to Letter of Intent to Adopt Title 10 of the Code of Regulations, Part 50, Section 50.48(c) for McGuire Nuclear Station, Units 1 and 2

ML062700009
Person / Time
Site:	Mcguire, McGuire
Issue date:	09/26/2006
From:	Catherine Haney Plant Licensing Branch III-2
To:	Gordon Peterson Duke Power Co
Dinh T, NRR/DRA, 415-2149
References
RIS-05-007
Download: ML062700009 (4)

See also: RIS 2005-07

Text

September 26, 2006

Mr. G. R. Peterson

Vice President

McGuire Nuclear Station

Duke Power Company LLC

12700 Hagers Ferry Road

Huntersville, NC 28078

SUBJECT: NRC RESPONSE TO LETTER OF INTENT TO ADOPT TITLE 10 OF THE

CODE OF FEDERAL REGULATIONS, PART 50, SECTION 50.48(c) FOR

MCGUIRE NUCLEAR STATION, UNITS 1 AND 2

Dear Mr. Peterson:

I am writing in response to your letter dated April 18, 2006 (Agencywide Documents Access

and Management System Accession No. ML061150375), in which you informed the Nuclear

Regulatory Commission (NRC) that Duke Power Company LLC intends to adopt National Fire

Protection Association (NFPA) Standard 805, NFPA 805, Performance-Based Standard for

Fire Protection for Light-Water Reactor Electric Generation Plants, 2001 edition, pursuant to

Section 50.48(c) of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR 50.48(c)), at

the McGuire Nuclear Station (MNS), Units 1 and 2.

In your April 18, 2006 letter, you informed us that the transition to the performance-based

standard for fire protection at MNS, Units 1 and 2 has commenced. In addition, you have

identified a need for extending the previously estimated transition time of 2 years as stated in

the June 8, 2005, letter to the NRC (ML050670305) to 3 years. You expect to be completed

with the submission of the McGuire License Amendment prior to December 31, 2008.

On April 18, 2006, the NRC published in the Federal Register (71 FR 19905) a revision to its

enforcement policy extending the NFPA 805 transition discretion period from 24 to 36 months.

Therefore, your request for the extended discretion period for MNS, Units 1 and 2 is granted.

The NRC considers the discretion period for MNS, Units 1 and 2 to begin on April 18, 2006 and

will expire on April 18, 2009. The enforcement discretion period will continue beyond April 18,

2009, while the NRC staff is reviewing your request for the license amendment.

Please note that in order to receive enforcement discretion, you must: (a) evaluate the risk

significance of all noncompliances to assure that they do not constitute Red (or a Severity

Level I) findings under the NRCs Reactor Oversight Process, (b) enter them into your

corrective action program, and (c) implement and maintain appropriate compensatory

measures until the NRC staff approves your license amendment request and issues its safety

evaluation. You should refer to NRC Regulatory Issue Summary 2005-07, Compensatory

Measures to Satisfy the Fire Protection Program Requirements, for additional NRC staff

guidance on appropriate compensatory measures.

G. R. Peterson -2-

In response to requests made by a number of licensees, which are not pilots for NFPA 805, for

meetings with the NRC staff to discuss their transition issues, the NRC staff plans to hold

periodic workshops on NFPA 805 implementation issues at the regional offices or onsite at

units transitioning to the new standard. The staff will inform the nuclear plant licensees of the

schedules of these workshops.

If you have any questions regarding this matter, please contact John F. Stang, Project

Manager, at (301) 415-1345 or JFS2@nrc.gov.

Sincerely,

/RA/

Catherine Haney, Director

Division of Operating Reactor Licensing

Office of Nuclear Reactor Regulation

Docket Nos. 50-369 and 50-370

cc: See next page

ML062700009 NRR-106

OFFICE DRA/AFPB LPL2-1/PM LPL2-1/LA DRA/AFPB/BC OE/BC

NAME TDinh JStang MOBrien SWeerakkody DSolorio

DATE 08/11/06 08/21/06 08/21/06 08/26/06 09/13/06

OFFICE LPL2-1/BC NRR/DORL/D

NAME EMarinos CHaney

DATE 09/20/06 09/26/06

McGuire Nuclear Station, Units 1 & 2

cc:

Ms. Lisa F. Vaughn Ms. Karen E. Long

Duke Energy Corporation Assistant Attorney General

526 South Church Street NC Department of Justice

P. O. Box 1006 P.O. Box 629

Mail Code = EC07H Raleigh, NC 27602

Charlotte, North Carolina 28201-1006

Mr. R.L. Gill, Jr., Manager

County Manager of Mecklenburg County Nuclear Regulatory Issues &

720 E. Fourth St. Industry Affairs

Charlotte, NC 28202 Duke Energy Corporation

526 S. Church St.

Mr. C. Jeffrey Thomas Mail Stop EC05P

Regulatory Compliance Manager Charlotte, NC 28202

Duke Energy Corporation

McGuire Nuclear Site Division of Radiation Protection

12700 Hagers Ferry Road NC Dept of Environment, Health & Natural

Huntersville, NC 28078 Resources

3825 Barrett Dr.

Senior Resident Inspector Raleigh, NC 27609-7721

c/o U.S. Nuclear Regulatory Commission

12700 Hagers Ferry Road Mr. T. Richard Puryear

Huntersville, NC 28078 Owners Group (NCEMC)

Duke Energy Corporation

Dr. John M. Barry 4800 Concord Road

Mecklenburg County York, SC 29745

Department of Environmental Protection

700 N. Tryon St Mr. Henry Barron

Charlotte, NC 28202 Group Vice President, Nuclear Generation

& Chief Nuclear Officer

Mr. Peter R. Harden, IV P.O. Box 1006-EC07H

VP-Customer Relations and Sales Charlotte, NC 28201-1006

Westinghouse Electric Company

6000 Fairview Road, 12th Floor

Charlotte, NC 28210

NCEM REP Program Manager

4713 Mail Service Center

Raleigh, NC 27699-4713