NRC Generic Letter 1980-96
| ML031350464 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1980 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| GL-80-096, NUDOCS 8012110012 | |
| Download: ML031350464 (7) | |
~. '67 -'-.-Z~.St 66 o fi1 J j It ILE OP REGULAYPElu
5"3L% N COP Docket No. 50-336.. F9.--~4.I..(- 20 0 NOV 14 1m90 Mr. W. G.Nuclear Northeast P. 0. Box Hartford, Counsil, Vice President Engineering
& Operations Nuclear Energy Company 270 Connecticut
06101 Dear Mr. Counsil: As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Commission has recently approved a revised final version of that proposed Section 50.48 and Appendix R to 10 CFR 50 which will be published in the Federal Re ister shortly and will become effective
90 days after publ1ca-tf-.
This revised 10 CFR 50.48 will contain 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 protection modifications that have been approved by the NRC staff in a staff safety evaluation report. This latter set of schedules will require completion of modifications not covered by Appendix R by schedules specified in the 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 may be associated with modifications for which the NRC staff required additional information, such as design details or test results, to be subsequently reviewed and approved by the NRC staff prior to implementation.
To the extent that there are fire protection modifications such as this for your facility and the required additional information has not yet been approved by the staff as evidenced in a staff safety evaluation report, there is no present implementation requirement;
consequently, completion of such items will be governed by the schedules in the revised rule.In the interim, pending the effective date of the revised rule, the Commission has approved a new Section 50.48 of 10 CFR 50 suspending completion dates for fire protection modifications previously approved by the NRC staff.This new section became effective upon publication in the Federal Re ister on October 29, 1980 (45 FR 71569). A copy of the new rule is enclosed for your information.
This rule will be superseded by the revised rule when it becomes effective.
Al is PI M(It Ct 01 21 IoOI -pg0_ .r OFFICE SURNAMEO DATEO p....................................
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I.tJ~, .fD Af.i1NC l4 ..GVRMN RNIGOFC:17.8-6 fiCfto 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 specifically which fire protection features associated with your facility are covered by Appendix R and would thus be subject to one set of schedules, and which are previously approved itetms which are covered by a different set of schedules.
Sincerely, Original signed by Darrell G. Lisenhut Darrell G. Elsenhut, Director Division of Licensing Enclosuro:
As stated cc w/enclosure:
See next page DISTRIBUTION:
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I*U.S. GOVERNMENT
PRINTING OFFICE: 1979-289-369
..- -I--A MOcrA flAn Docke'IO UNITED STATES b { aNUCLEAR REGULATORY
COMMISSION
g WASHINGTON, D.C. 20555 t aNovember
14, 1980.t No. 50-336 Mr. W. G. Counsil, Vice President Nuclear Engineering
& Operations Northeast Nuclear Energy Company P. 0. Box 270 Hartford, Connecticut
06101 Dear Mr. Counsil: As you know, a proposed Section 50.48 and Appendix R to 10 CFR 50 has been pending since May 1980. The Cnmmission has recently approved a revised final version of that proposed Section 50.48 and Appendix R to 10 CFR 50 which will be published in the Federal Register shortly and will become effective
90 days after publication.WThis revised 10 CFR 50.48 will contain 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 protection modifications that have been approved by the NRC staff in a staff safety evaluation report. This latter set of schedules will require completion of modifications not covered by Appendix R by schedules specified in the 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 may be associated with modifications for which the NRC staff required additional information, such as design details or test results, to be subsequently reviewed and approved by the NRC staff prior to implementation.
To the extent that there are fire protection modifications such as this for your facility and the required additional information has not yet been approved by the staff as evidenced in a staff safety evaluation report, there is no present implementation requirement;
consequently, completion of such items will be governed by the schedules in the revised rule.In the interim, pending the effective date of the revised rule, the Commission has approved a new Section 50.48 of 10 CFR 50 suspending completion dates for fire protection modifications previously approved by the NRC staff.This new section became effective upon publication in the Federal Register on October 29, 1980 (45 FR 71569). A copy of the new rule is enclsd for your information.
This rule will be superseded by the revised rule when it becomes effective.
I
'-I-2-In the near future, we plan to contact you to identify specifically which fire protection features associated with your facility are covered by Appendix R and would thus be subject to one set of schedules, and which are previously approved items which are covered by a different set of schedules.
ncerely,& .w rctor Division of Licensing Enclosure:
As stated cc w/enclosure:
See next page Northeast Nuclear Energy Company% 401, cc: William H. Cuddy, Esquire Day, Berry & Howard Counselors at Law One Constitution Plaza Hartford, Connecticut
06103 Anthony Z. Roisman Katural Resources 917 15th Street, Washington, D.C.Defense Council NOW.20005 Mr. Lawrence Bettencourt.
First Selectman.Town of Waterford Hall of Records -200 Boston Post Road Waterford, Connecticut
06385 Northeast Nuclear Energy Company ATTN: Superintendent Millstone Plant Post Office Box 128 Waterford, Connecticut
06385 n r Technical Assessment Mr. John Shedlosky Resident Inspector/Millstone c/o U.S. NRC P. 0. Drawer KK Niantic, CT 06357 Mr. Charles B. Brin'cman Manager -Washington Nuclear Operations C-E Power Systems Combustion Engineering, Inc.4853 Cordell Ave., Suite A-1.Bethesda, Maryland 20014 Connecticut Energy Agency*ATTN: Assistant Director, Research and Policy Development Department of Planning and Energy Policy 20 Grand Street Hartford, Connecticut
06106 Division Office of Radiation Programs (AW-459)U. S. Environmental Protect1 Crystal Mall #2 Arlington, Virginia 20460 on Agency U. S. Environmental Protection Agency Region I Office ATTN: EIS COORDINATOR
John F. Kennedy Federal Building Boston, Massachusetts
02203 Waterford Public tibrary Rope Ferry Road, Route 156 Waterford, Connecticut
06385 Northeast Utilities Service Company ATTN: Mr. James R. Himnelwright Nuclear Engineering and Operations P. 0. Box 270 Hartford, Connecticut
06101.
-a I --. -I'Feieral Register / Vol. 4S. No. 211 t Wednesday.
October 29. 198D I Riugs anJ Regulatins
7156 published on October a.1980 45 FR 64949. Te corrected I O9 is published below.EFFECrrVE
DAT: April I& ISM FOR FURTHER INFORMAflON
CONTAC11 Robert P. De Young. Private Radio Bureau. (202) 632-7175.ADORESS Federal Communications Commission.
Washington, D.C. 2055 SUPPEMENTARY
INFORMATIONC
In the Matter of amendment of Part 0 to transfer authority for common carrier matters involving public coast stations to the Private Radio Bureau.udeased: August 25.290 1 In the Order in the above-captioned matter. FCC 80-179 released April 7.-980 Section 0.91 of the rules was amended to reflect a transfer of function fro! the Common Carrier Bureau to the Private Radio Bureau (45 FR 25399. AprlJ 15.1950).2.Section
0M of the rules was also-amended by Order. FCC 79-8 released March 7.1980. to reflect the reorganization of the Common Carrier --Bureau. Through inadvertence.
oar Order of April 7. amended the language of the rule prior to Its having been amnded by our Order of March 7.1980 (45 FR45619. March 13. 198).1.To correct this situation.
Section OM is amended as set forth in the attached appendix.
to amend the cL-rently effective language of the rule.Federal Conmunications Commission.
lSecs:4. 3M. 48 StaL. as amended. I2O 10H1 47, US.C. 154.3033* .Ticaxic,-Se~rraI-
--*Part 0 of Chapter I of Title 47 of the Code of Federal Regulations is amendec as follows: In I 0.91 the introductory text is revised to read as follows: 50J1 Funetions the Buea Tbe Common Carrier Bureau develops, recommends and administers policies and programs for the regulation of services, facilities, rates and practice of entitiesiexcluding public coast stations in the maritime mobile service)which furnish interstate or foreign communications service for hire-whether by wire, radio. cable or satellit facilities and of ancillary operations related to the ;=visions or use of such services.
The Bureau also regulates the atest, terms.,and conditions for cable Ielevision and pole attachments, where-s ltgachme~
are not regulated by a state and not provided by railroads or rovernmentally-or cooperatively owned utilities.
The Bureau also performs the following specfic functions:
- * * * -pCLEAP REGULATORY
OMMtSSION
-0CFR Par 50 ._re Protection Schedules for Operating Nuclear Power Plants AOENc: U.S. Nuclear Regulatory Commission.
AI ow Final Ile.- -summARr. The Nuclear Regulatory Commission (N'RC) is amending its regulations to temporarily suspend.-completion schedules for certain fire protection features ir. operating nuclear plants pending completion of its ongoing comprehensive fire protection rulemaking.
This suspension is necessary because some NRC licensees are unable to meet fire protection implementation deadlines contained in licensed conditions.
The Commission has found that fire protection measures -already implemented give reasonable assurance of safety. and that no health aud safety interest would be served by forcing certain licensees to shut down during the brief period between the license condition deadlines and the effectiveness of the final fire protection rule.EFCTiVE DATE: October 29, 29BO.FOR FURTHER INFORMATION
CONTACT
.W11lliam Shields. Office of Executive Legal Director.
U.S. Nuclear Regulatory Commission.
D.C. 20555, phone 301-492-69 SUPPLEUCNTARY
INFORMATION:
On May 29,1980 the Commission published in the Federal Register (45 FR 36402) a Notice of Proposed Rulernaking entitled.re Protection Program for Nuclear Plants Operating Prior to January 1, 1n7.- The proposed rule provided that s all tire protection modifications except alternate or dedicated shutdown capability would be required to be Implemented by November 1,1980, unless the Commission approve an e extension for good cause, This deadline was also stated in the Commission's May.2 1980 Mernorandum and Order On the Union of Concerned Scientists Petition for Emergency and Remedial Action. 21 NRC 707.n9. ---k Many of the commenters on the proposed rule contended that the November 1 deadline was unachievable.
Moreover, much more time than was earlier anticipated has been reqgred to pm on ris potei completion.
and wil ho.'porete.
implementation schedule difern irm that in the proposedmrule.ttlaszrt yet.been published and i any een:d not be effective until 90 days publication.
-Certain NRC licensees.hownm ane at present operating under licen conditions or technical spedicatbw thereto which Include the N;veoxr1 I deadline or other dates wbic wl precede the effective date of te Eia rule. To the extent that-these Ecensees have been unable to complete aD &fte fire protection measures t awhich these deadlines apply. continued opeaion would violate the license conditios.
The violation would extend cnly =3 the final rule becomes effctair, s!sce the implementaton schedule ccn,.I d In the final rule will supersede Inconsistent license conditio=s The Commission has determian-.based upon a review of the ctm e:rd in this rulemakz.
that relief rom thes&e~s^license conditions is appropriale
-: pending promulgation of the fnah iale on fire protection applicable to aIL NC licensees Extensive fire protectio:
measures have already been implemented at all operating plau~s The implementation schedule of the final rule will be uniform and compreh:sive.
and will apply to all operating placis including those with diffrent schedules contained in license conditios.
N: public health and safety Interest wonu be served by forcing only those licensees unable to meet'dead2ines preceding the effectiveness of tie !nal rule to shut down for the brief btnim..To the contrary.
the fire prsteczon measures already implemented Sh>v reasonable assurance that all ope.atmig nuclear plants may continue to operate-safely even though the final rule w1 require additional fire-protecticn measures at many plants.The Administrative Proc'ure Act provides that a rule may be effectire upon-publication when that rule -Vaws or recognizes an exception cr rtieews a restriction." 5 U.S.C. 553 [d)(). This ruL relieves certain NRC licensees
'ro-license conditions or technical specifications thereto in regard to fie protection Implementation deadlines.
and will therefore be effective rp= the.--date of publication in the Fedml Refister.'Furthernore, as noted ab-re.the proposed rule stated that extensions from the November 1. deadline woed be considered for good causc. Extsive public comment was received to th effect that the deadline was eurealntic r 4. N .O -9 7i-i- 7e1a ettr/VL4.N.=
1Wdeda.Otbr2.9 ue n euaim and should be revised. Under these cicumstances the Commission believes that there is good cause for an extension of the license condition schedules pending ellectiveness of the final rule on fire protection Tae rule provides that all compliance dates contained in license conditions or technical specifications for required fire protection measures are suspended pending fu-ther action by the Commission.
As Is clear from the above discussion, that further action will be promulgation of the final rule on fire protection.
The Commission intends that licessees arected by this rule should use best efforts to complete all required measures as soon as possible despite the suspension of the deadlines for this bi.f period.Pursuant to the Atomic Energy Act of 1954. as amended. the Energy Reorganization Act of 1974. as amended.and Sections 552 and 553 of Title 5 of the United States Code, notice is hereby given that the following amendment to Title 10. Chapter L Code of Federal Regulations.
Part 50. is published as a document subject to codification.
PART 5S-DOMESTIC
LICENSING
OF PRODUCTION
AND UTILIZATION
FACILITIES
1. A new Section 58U is added to read as follows 1 50.4 Fere protectIon schedu&e.To the extent that any facility's license conditions or technical specifications incorporate compliance dates for modifications neceussary to proVide fire protection features proposed by a licensee and accepted by the NRC staff as satisfying the proisions of Appendix A to Branch Tech=ical Position BTP/APCSB
9.5-1 and reflected in NRC staff Fire Protection Safety Evaluation Reports Issued prior to the effective date of this rule. those dates are hereby suspended ptndmn further action by the Commission.(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 of Ocober 198 Fo: e eNuclear Regulatory Commission.
S=uel C Chil.Secrexry of c Commission.
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