AEP-NRC-2008-36, Request for Extension of Enforcement Discretion and Revised Submittal Date for 10 CFR 50.348(c) License Amendment Request

Request for Extension of Enforcement Discretion and Revised Submittal Date for 10 CFR 50.348(c) License Amendment Request

ML082820328
Person / Time
Site:	Cook
Issue date:	09/29/2008
From:	Weber L Indiana Michigan Power Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
AEP-NRC-2008-36
Download: ML082820328 (5)

Text

INDIANA MICHIGAN POWER Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, Ml 49106 aep.com

'I....

September 29, 2008 AEP-NRC-2008-'36 10 CFR 50.48(c)

Docket Nos.:

50-315 50-316 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Stop O-P1-17

.Washington, DC 20555-0001 Donald C.. Cook Nuclear Plant Units 1 and 2-'

REQUEST FOR EXTENSION OF ENFORCEMENT DISCRETION AND REVISED SUBMITTAL DATE FOR 10 CFR 50.48(c) LICENSE AMENDMENT REQUEST

References:

1) Letter from J. N. Jensen, Indiana Michigan Power Company (I&M), to Nuclear Regulatory Commission (NRC) Document Control Desk, "Letter of Intent to Adopt NFPA 805, 'Performance-Based Standard for Fire Protection for Light Water Reactor Generating Plants, 2001 Edition'," dated December 28, 2005, AEP:NRC:5048 (ML060090370).

2) Letter from C. Haney, NRC, to M.. K. Nazar,, I&M,."Donald C. Cook Nuclear Plant, Units 1fandd2 - Response to Letterof Intentoto Adopt 1.0 CFR 50.48(C),

National Fire Protection Association Standard 805 (TAC Nos. MC9496 and MC9497)," dated February 14, 2006 (ML060250675).

3) Letter from J. N. Jensen, I&M, to NRC Document Control Desk, "Revised Completion Schedule for Transition to NFPA 805, and Request for Extension of Enforcement Discretion," dated October 16, 2006, AEP:NRC:6048.

4) Letter from C. Haney, NRC, to M. K. Nazar, I&M, "Donald C. Cook Nuclear Plant (DCCNP), Units 1 and 2 - Extension of Enforcement Discretion Period During Implementation of National Fire Protection Association (NFPA)

Standard 805 (TAC Nos. MD3744 and MD3745)," dated January 4, 2007 (ML063330634).

Indiana Michigan'Power Company (I&M) requests that the previously granted period of enforcement discretion for transitioning Donald C. Cook Nuclear Plant (CNP) to a National Fire Protection Association Standard (NFPA) 805 fire protection program be extended in accordance with Federal Register Notice 73 FR 52705.

U. S. Nuclear Regulatory Commission AEP-NRC-2008-36 Page 2 By Reference 1, I&M informed the Nuclear Regulatory Commission (NRC) of its intent to adopt an NFPA 805 fire protection program in accordance with 10 CFR 50.48(c). I&M's letter of intent initiated a two year enforcement discretion period (until December 31, 2007) in accordance with Federal Register Notice 69 FR 33684. By Reference 2, the NRC acknowledged receipt of the letter of intent and the period of enforcement discretion.

By Reference 3, I&M submitted a letter requesting a third year of enforcement discretion in accordance with Federal Register Notice. 71 FR 19905. By Reference 4, the NRC granted a third year of enforcement discretion (until December 31, 2008) for CNP.

By Federal Register Notice 73 FR 52705, the NRC provided notice of the availability of an additional extension to the period of enforcement discretion.

I&M is requesting this additional extension for CNP. The additional extension would end six months after issuance of the safety evaluation approving the license amendment for the second pilot plant transitioning to an NFPA 805 fire protection program.

I&M understands that submittal of a license amendment request (LAR) to transition to an NFPA 805 fire protection program would continue the enforcement discretion until the NRC completes its review of the LAR.

As discussed in the attachment to this letter, I&M has made substantial progress in its efforts to transition to NFPA 805 at CNP.

This letter contains no new.regulatory commitments. Should you have any questions, please contact Mr. John A. Zwolinski, Regulatory Affairs Manager, at (269) 466-2478.

Sincerely, Lawrence J. Weber Site Vice President JRW/rdw

Attachment:

NFPA 805 Transition Progress c:

T. A. Beltz, NRC Washington, DC J. L. Caldwell - NRC Region III K. D. Curry - AEP Ft. Wayne, w/o attachment J. T. King - MPSC, w/o attachment MDEQ - WHMD/RPS, w/o attachment NRC Resident Inspector

ATTACHMENT TO AEP-NRC-2008-36 NFPA 805 TRANSITION PROGRESS Indiana Michigan Power Company (I&M) requests that the previously granted period of enforcement discretion for transitioning Donald C. Cook Nuclear Plant (CNP) to a National Fire Protection Association Standard (NFPA) 805 fire protection program be extended in accordance with Federal Register Notice 73 FR 52705.

By Federal Register Notice 73 FR 52705, the Nuclear Regulatory Commission (NRC) provided notice that it was revising the "Interim Enforcement Policy Regarding Enforcement Discretion for certain Fire Protection Issues." The revision will allow a licensee to request an extended enforcement discretion period if it is pursuing transition to NFPA 805.

The extended enforcement discretion period would end six months after the date of the NRC safety evaluation approving the NFPA 805 transition amendment for the second of the two pilot plants engaged in the transition process. I&M understands that submittal of a license amendment request (LAR) to transition to an NFPA 805 fire protection program would continue the enforcement discretion until the NRC completes its review of the LAR.

I&M is requesting this extension of enforcement discretion for CNP. The NRC stated in Federal Register Notice 73 FR 52705 that licensees requesting this extension of enforcement discretion should compile or submit certain information.

Each item of information requested by the NRC is restated below followed by I&M's response.

Compile, for on-site NRC audit/inspection, a list of all fire protection related noncompliances and the related compensatory measures for those noncompliances.

I&M Response:

The only noncompliance found to date has been corrected by a plant modification, as described below. The associated documentation is available for on-site NRC audit/ inspection.

" Document, for onsite NRC audit inspection, that each Operator Manual Action put in place as compensatory measures are feasible and reliable, in accordance with staff provided guidance in Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements."

I&M Response: CNP has no Operator Manual Actions in place as compensatory measures.

Submit a description of the physical modifications performed, if any, to address existing risk-significant fire protection issues.

Identical physical modifications have been performed in each unit to address issues identified during NFPA 805 transition activities. The modifications consisted of 1) installing fire wrap on a section of conduit containing Train A 250 volt DC safe shutdown cable that passed through the Train B 4 kilovolt AC switchgear room, and 2) providing automatic carbon dioxide suppression for the room in accordance with 10 CFR 50 Appendix R, Section IIl.G.2(c). To date, NFPA 805 transition activities have not identified the need for any additional modifications.

Attachment to AEP-NRC-2008-36 Page 2 Submit a status report of the transition, including a schedule of milestones for completing the fire PRA [Probabilistic Risk Assessment].

I&M Response:

The status and estimated dates for completing fire PRA milestones are provided in the following table. These dates are based on the expected resolutions of open Frequently Asked Questions (FAQs).

.Task Approximate Estimated Percent Complete Completion Date Plant Boundary Definition and Partitioning 100%

Fire PRA Component Selection 100%

Fire PRA Cable Selection and Cable Location 100%

Fire-Induced Risk Model 100%

Upgrade Base PRA Model 90%

Oct. 31, 2008 Calculation of Fire Initiating Frequency 100%

First Quantification 100%

Scoping Fire. Modeling 100%

Detailed Circuit Failure Analysis 50%

Nov. 13, 2008 Circuit Failure Likelihood Analysis 30%

Nov. 19, 2008 Integration of Detailed Fire Modeling with PRA 25%

Dec. 29, 2008 Post-Fire Human Reliability Analysis 80%

Dec. 19, 2008 Seismic-Fire Interactions Assessment 0%

Dec. 22, 2008 Final Fire Risk Quantification 0%

Dec. 29, 2008 Uncertainty and Sensitivity Analysis 0%

Dec. 29, 2008 Fire PRA Peer Review 0%

Feb. 2, 2009 The status report should be broken down into the following major areas:

o Classical fire protection transition (in accordance with NFPA 805 Chapter 3).

I&M Response: The classical fire protection transition is 100% complete based on the expected resolutions of open FAQs.

o Nuclear Safety Performance Criteria transition (in accordance with NFPA 805 chapters 1, 2 and 4).

I&M Response:

The Nuclear Safety Performance Criteria transition is approximately 90% complete based on the expected resolutions of open FAQs.

o Nonpower operational transitions.

The nonpower operational transition is approximately 65% complete. The scheduled completion date is December 17, 2008.

Attachment to AEP-NRC-2008-36 Pagre 3 o

NFPA 805 monitoring program.

Preparation of the NFPA 805 monitoring program is scheduled to commence in January 2009 and complete by October 2009. The program is not needed until after the NFPA 805 transition amendment is approved.

I&M has directed NFPA 805 project resources toward larger scope activities that are needed to support submittal of the amendment request.

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