ML083470538

Evaluation of Request for an Extension of Enforcement Discretion in Accordance with the Interim Enforcement Policy for Fire Protection Issues During Transition to National Fire Protection Standard NFPA 805

ML083470538
Person / Time
Site:	Beaver Valley
Issue date:	12/17/2008
From:	Giitter J Division of Operating Reactor Licensing
To:	Sena P FirstEnergy Nuclear Operating Co
morgan n
References
TAC ME0058, TAC ME0059
Download: ML083470538 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Iecerrer 17, 2[ffi Mr. Peter P. Sena III Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Shippingport, PA 15077

SUBJECT:

BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2 - EVALUATION OF THE REQUEST FOR AN EXTENSION OF ENFORCEMENT DISCRETION IN ACCORDANCE WITH THE INTERIM ENFORCEMENT POLICY FOR FIRE PROTECTION ISSUES DURING TRANSITION TO NATIONAL FIRE PROTECTION STANDARD NFPA 805 (TAC NOS. ME0058 AND ME0059)

Dear Mr. Sena:

On September 10, 2008, the Nuclear Regulatory Commission (NRC) published in the Federal Register (73 FR 52705) a revision to its Interim Enforcement Policy regarding enforcement discretion for certain fire protection issues, allowing licensees the option to request an extended enforcement discretion period for submittal of a license amendment request (LAR) if they are pursuing transition to Title 10 of the Code of Federal Regulations Section 50.48(c), "National Fire Protection Association Standard NFPA 805."

This revision states that an additional period of enforcement discretion may be granted on a case-by-case basis, if a licensee has made substantial progress in its transition effort. This additional period of enforcement discretion, if granted, would end 6 months after the date of the safety evaluation approving the second pilot plant LAR. These changes are in accordance with COMSECY-08-0022, as approved by the Commission on August 19, 2008. Per this guidance, if a licensee successfully submits their NFPA 805 LAR within the 6-month timeframe, enforcement discretion will continue in place, without interruption, until NRC disposition of the site's LAR to transition to NFPA 805.

By letter dated December 2,2008, FirstEnergy Nuclear Operating Company (licensee) requested that the period of fire protection enforcement discretion for Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2) be extended until 6 months after the NRC's approval of both pilot plant LARs to transition to the National Fire Protection Association's risk-informed, performance-based standard for light-water reactors (NFPA 805). Per the new interim fire protection enforcement policy outlined above, licensees may request an extension of their evaluation period beyond the 3 years of enforcement discretion previously provided.

To be granted this extension, a licensee must:

1. Compile a list of all fire protection related non-compliances and the related compensatory measures for those non-compliances.

2. Document that each Operator Manual Action put in place as a compensatory measure is feasible and reliable, in accordance with the guidance in Regulatory Issue Summary 2005-07, "Compensatory Measures to Satisfy the Fire Protection Program Requirements."

P. Sena - 2

3. Submit a description of the physical modifications performed to address existing risk-significant fire protection non-compliances.

4. Submit a status report of the transition, including a schedule of milestones, for completing the fire probabilistic risk assessment (PRA). The status report should describe the progress made in the following areas:

• classical fire protection transition

• nuclear safety performance criteria transition

• non-power operation transitions

• the NFPA 805 monitoring program

• fire PRA development The lists of non-compliances, compensatory measures, and operator manual action feasibility determinations should be maintained on-site and up-to-date for inspector review.

The NRC staff reviewed the licensee's request, and has determined that the licensee has made substantial enough progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for BVPS-1 and 2 is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR.

If you have any questions regarding this matter, please contact Nadiyah S. Morgan, the BVPS-1 and 2 Project Manager, at (301) 415-1016.

Sincerely,

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Jo eph G. Giitter,~~~or vision of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: Distribution via Listserv

P. Sena -2

3. Submit a description of the physical modifications performed to address existing risk-significant fire protection non-compliances.

4. Submit a status report of the transition, including a schedule of milestones, for completing the fire probabilistic risk assessment (PRA). The status report should describe the progress made in the following areas:

• classical fire protection transition

• nuclear safety performance criteria transition

• non-power operation transitions

• the NFPA 805 monitoring program

• fire PRA development The lists of non-compliances, compensatory measures, and operator manual action feasibility determinations should be maintained on-site and up-to-date for inspector review.

The NRC staff reviewed the licensee's request, and has determined that the licensee has made substantial enough progress in their transition to NFPA 805 to grant the additional enforcement discretion. Accordingly, the enforcement discretion period for BVPS-1 and 2 is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR.

If you have any questions regarding this matter, please contact Nadiyah S. Morgan, the BVPS-1 and 2 Project Manager, at (301) 415-1016.

Sincerely, IRA!

Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: Distribution via Listserv DISTRIBUTION:

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OFFICE LPLI-1/PM LPLI-1/LA DRAlAFPB/BC LPLI-1/BC DORL/DD NAME NMorqan SLittie AKlein* MKowal JGiitter DATE 12/17/08 12/17/08 12/12/2008 12/17/08 12/17/08 OFFICIAL RECORD COPY