ML20248L988

Forwards Commitment Form Similar to Form Attached to NRC .Commitment Form Properly Reflects Util Previous Commitments to Implement Thermo-Lag 330-1 Fire Barrier Corrective Actions at Plant

ML20248L988
Person / Time
Site:	Hatch
Issue date:	06/02/1998
From:	Sumner H SOUTHERN NUCLEAR OPERATING CO.
To:	Collins S NRC (Affiliation Not Assigned)
References
GL-92-08, GL-92-8, HL-5637, IEB-92-001, IEB-92-1, NUDOCS 9806120204
Download: ML20248L988 (4)

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Lewis Sumner South:rn Nuclear b Vice President Oper:t'ng C:mpIny. fic. Iq Hatch Project Support 40 invemess Parkway I/ I /

Post Office Box 1295 -

2 Birmingham. Alabama 35201

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'el 205.992A/9 fax 205.992.0341 SOUTHERN L COMPANY y

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Docket Nos. 50-321 HL-5637 50-366 U.S. Nuclear Regulatory Commission Attn: Mr. Samuel J. Collins Director, Office of Nuclear Regulatory Regulation Mail Stop 05E7 Washington, DC 20555-001 Edw'm I. Hatch Nuclear Plant Consent to Confirmatory Order Modifying License

Dear Mr. Collins:

By letter dated May 11,1998, Southern Nuclear Operating Company (SNC) responded to your letter dated April 29,1998, regarding the Consent to Confirmatory Order for completion ofThermo-Lag 330-1 fire barrier corrective actions at Plant Hatch Units I and

2. This letter supersedes that letter. Enclosed is a commitment form similar to the form attached to your April 29,1998, letter. The commitment form properly reflects SNC's previous commitments to implement Thermo-Lag 330-1 fire barrier corrective actions at Plant Hatch. The commitment form differs from the commitment form in your April 29, 1998, letter in that a number of the submittals referenced in that form do not reflect Plant Hatch's final commitment. Also included in the commitment form is reference to another SNC letter dated May 11,1998 (HL-5632), which is a clarification of SNC's letter dated March 28,1995. The basis for removing each of the other letters referenced in the commitment form in your letter dated April 29,1998, is provided below.

SNC's letter dated July 20,1992, provided a response to NRC Bulletin No. 92-01, which only identified plant areas that contained Thermo-Lag 330-1 and described temporary compensatory measures taken to restore fire barrier operability at that time. SNC's letter j j dated Septe aber 2,1992, provided a response to NRC Bulletin No. 92-01, Supplement 1, I and identified temporary compensatory measures relative to Thermo-Lag 330-1 and

. shutdown pathways. The letter dated December 22,1993, we not from SNC; rather, the c

~*y Jettet was transmitted by TSI, and identified the plants having Thermo-Lag 330-1 and advised ofits technical characteristics. SNC's letters dated April 16,1993,and %g,I Febmary 10,1994, were submitted in response to Generic Letter 92-08 and described SNC's program for retaining Thermo-Lag 330-1 at Plant Hatch. Both of these letters were superseded by SNC's letters to the NRC dated December 13,1994, and March 28,1995, in which SNC committed to remove Thermo-Lag 330-1 from both Plant Hatch units.

980612O204 990602 PDR ADOCK 05000321 P peg

Mr. Samuel.J. Collins Page 2 June 2, 1998 l

1 SNC agrees to incorporation of the enclosed commitment into a Confirmatory Order Modifying License (" Hatch Order") that will become effective immediately upon issuance. I also recognize that by signing the enclosed commitment, SNC consents to the issuance of an immediately effective Hatch Order incorporating the enclosed commitment for each Plant l

Hatch unit and, by doing so, pursuant to 10 CFR 2.202(a)(3), SNC will not have a right to request a hearing on all or any part of the Hatch Order. However, SNC believes that this

. waiver of a right to a hearing is limited to the four corners of the specific Hatch Order and not to any future right to a hearing, or to any other legal process, that SNC might have concerning any other order, issuance or determination by the NRC, including, for example, any NRC determination that good cause has not been shown for the relaxation or rescission of the Hatch Order. Moreo.ver, it is SNC's belief that, in the event SNC requests a hearing on the NRC's denial of a showing of good cause, the effectiveness of the above commitment will be suspended until the completion of the hearing.

Additionally, consistent with.the confirmatory order issued to Washington Public Power Supply System concerning Nuclear Project No. 2, dated March 25,1998, I understand that the Hatch Order will expressly provide that "The Director, Office of Nuclear Reactor Regulation, may relax.or rescind, in writing, any provisions of this Confirmatory Order upon a showing by the Licensee of good cause." By way of example, and not by way of limitation,' SNC considers a showing of good cause to include delays or disruptions which

'directly affect SNC's ability to satisfy the Hatch Order and which result from unforeseeable conditions beyond the control of SNC, including, but not limited to, acts of God, labor difficulty, unavailability of materials, embargoes, or acts of governmental authorities, including changes in laws, regulations, licenses, or orders. Further, SNC believes that a showing of good cause would include such matters as the need to revise the comp'etion date of the above commitment in order to perform other work because SNC determines that the safety significance of such work takes precedence over the above-described Thermo-Lag 330-1 modifications. SNC recognizes that the showing of good cause should also demonstrate that the new work cannot be performed at the same time as the Thermo-Lag 330-1 modifications due to budget, resource, or space constraints. Finally, once a showing of good cause is made by SNC, SNC shall consider its obligation under the commitment to be relieved, unless and until the NRC staff formally finds that SNC's showing of good cause is not adequate.

Please contact Mr. Don Crowe (205-992-7248) ifyou have any questions concerning this matter.

Sincerely,

( t DNVJ H. L. Sumner, Jr.

Vice President Plant Hatch

_Mr. Samuel,J. Collins Page 3 June 2, 1998 l

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Enclosure:

Consent to Confirmatory Order Modifying License (Order) Commitment l Form cc: U_LNuclear Regulatorv Commission. Region 11 Mr. L. A. Reyes, Regional Administrator Mi. B. L. Holbrook, Senior Resident Inspector - Hatch Southern Nuclear Operating Company SNC Document Management (R-Type A02.001) 1

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1 Enclosure Consent to Confirmatory Order Modifying License (Order)

Commitment Form I, Mr. H. Lewis Sumner, Jr., Vice President, Hatch Support Project of Southern Nuclear

Operating Company, Inc., licensee for the Edwin I. Hatch Nuclear Plant, Units 1 and 2, hereby agree on behalf of Southern Nuclear Operating Company (SNC) that SNC will comply with the following commitment:

l SNC shall complete final implementation of Thermo-Lag 330-1 fire barrier corrective actions at Plant Hatch Units 1 and 2, described in the SNC submittals to the NRC dated December 13, ,

1994, March 28,1995, and May 11,1998 (HL-5632), by startup

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of Unit 2 from the fall 1998 refueling outage. j i SNC also agrees to incorporating this commitment into a Confirmatory Order Modifying License (Order) that will be effective immediately upon issuance. I recognize that by signing below, SNC consents to the issuance of an immediately effective Order incorporating the above commitment for each Hatch unit and, by doing so, pursuant to 10 CFR 2.202(a)(3), SNC will not have a right to request a hearing on all or any part of  !

this Order.

P G{ & N7 H. Lewis Sumner,'Ir., Vice President Date Hatch Support Project Southern Nuclear Operating Company, Inc.

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r L ' HL-5637

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