ML053480210

NRC Response to Fpl'S Letter of Intent to Adopt 10 CFR 50.48(c) (NFPA 805 Rule) for Turkey Point Nuclear Plant Units 3 and 4

ML053480210
Person / Time
Site:	Turkey Point
Issue date:	12/29/2005
From:	Catherine Haney Plant Licensing Branch III-2
To:	Jones T Florida Power & Light Co
Iqbal, N 415-3346
References
Download: ML053480210 (3)

Text

December 29, 2005Mr. Terry O. Jones, Vice PresidentTurkey Point Nuclear Plant Florida Power & Light Company P. O. Box 14000 Juno Beach, Florida 33408-0420

SUBJECT:

NRC RESPONSE TO FPL'S LETTER OF INTENT TO ADOPT 10 CFR 50.48(c) (NFPA 805 RULE) FOR TURKEY POINT NUCLEAR PLANT UNITS 3 AND 4

Dear Mr. Jones:

This letter responds to your letter dated November 15, 2005 (ML053290175), in which youinformed us that Florida Power & Light Company (FPL) intends to adopt National Fire Protection Association (NFPA) 805 "NFPA 805, Performance-Based Standard for Fire Protection for Light-Water Reactor Electric Generating Plants," 2001 Edition, (NFPA 805 Rule)in accordance with the requirement in Title 10 of the Code of Federal Regulations Part 50.48(c)(CFR 50.48(c)) for Turkey Point Nuclear Plant Units 3 and 4.Your letter requests enforcement discretion for existing identified noncompliances inaccordance with the U.S. Nuclear Regulatory Commission's (NRC's) Interim EnforcementPolicy (69 FR33684 and 70 FR2662). Since you met the deadline to receive the discretion for existing identified noncompliances, NRC approves your request.In your letter, you informed us that your transition to the performance-based standard for fireprotection commences with the submittal of your letter. You indicated that your transition leading to development of the license amendment requests (LARs) for both units is expected to take 36 months. You provided numerous reasons to request an enforcement discretion window of three years, as opposed to the two year window approved by the Commission. Some of the key reasons that you provided for requesting this extension are:

!Need to follow lessons learned from NFPA 805 pilots;

!Need to complete a number of activities to re-baseline your fire protection program;

!Need to develop a fire probabilistic risk assessment (PRA) in support of the transition toNFPA 805; and

!Limited availability of experts.The issues that you have raised as the basis to request a 36 month window have been raisedby a number of other licensees that have sent us letters of intent to adopt NFPA 805. The staffis considering your request. We will contact you when we have reached a decision.

T. Jones2Your letter indicates that it is your understanding that the letter of intent initiates a window ofenforcement discretion for Turkey Point Nuclear Plant Units 3 and 4, no enforcement action willbe taken by the NRC for non-safety significant noncompliances, subject to the guidanceprovided in the Interim Enforcement Policy. Your understanding is accurate. Please note that in order to receive the discretion, you must enter all noncompliances into your corrective action program, and implement and maintain appropriate compensatory measures, until the staff approves your LAR to transition to NFPA 805 and issues the safety evaluation report. Please refer to NRC Regulatory Issue Summary 2005-07 "Compensatory Measures to Satisfy the FireProtection Program Requirements," to determine appropriate compensatory measures.If you have any questions regarding this matter, please contact Dr. Sunil Weerakkody, Chief,Fire Protection Branch at (301) 415-2870 (sdw1@nrc.gov). Sincerely,/RA/ E. Hacket forCatherine Haney, DirectorDivision of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-250 and 50-251

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