ML100670111

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

ML100670111
Person / Time
Site:	Davis Besse
Issue date:	03/23/2010
From:	Giitter J Division of Operating Reactor Licensing
To:	Allen B FirstEnergy Nuclear Operating Co
mahoney m
References
TAC ME3300
Download: ML100670111 (3)

Text

March 23, 2010 Mr. Barry S. Allen Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449-9760

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1 - 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 NO. ME3300)

Dear Mr. Allen:

On September 10, 2008, the U.S. 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 (Agencywide Documents Access and Management System (ADAMS)

Accession Nos. ML081830602 and ML081830607), as approved by the Commission on August 19, 2008.

By letter dated January 14, 2010 (ADAMS Accession No. ML100191803), FirstEnergy Nuclear Operating Company (FENOC, the licensee), requested that the period of fire protection enforcement discretion for Davis-Besse Nuclear Power Station (DBNPS) 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.

Mr. Allen

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." 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 FENOC'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 allowed by the interim fire protection enforcement policy. Accordingly, the enforcement discretion period for DBNPS is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR. In light of FENOC submitting their License Renewal Application for DBNPS, the NRC staff encourages DBNPS to continue making progress in the NFPA 805 transition efforts during the extension of enforcement discretion. With respect to any period of time between the end of the 6 months after the approval of both pilot plant transitions and the time FENOC submits the DNPS NFPA 805 LAR, DBNPS will not receive enforcement discretion and are subject to the normal Enforcement Policy.

If you have any questions regarding this matter, please contact Michael Mahoney, the project manager for Davis-Besse Nuclear Power Station, at (301) 415-3867.

Sincerely, /RA/ Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Distribution via Listserv Mr. Allen

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."

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 FENOC'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 allowed by the interim fire protection enforcement policy. Accordingly, the enforcement discretion period for DBNPS is hereby extended until 6 months after the date of the safety evaluation approving the second pilot plant LAR. In light of FENOC submitting their License Renewal Application for DBNPS, the NRC staff encourages DBNPS to continue making progress in the NFPA 805 transition efforts during the extension of enforcement discretion. With respect to any period of time between the end of the 6 months after the approval of both pilot plant transitions and the time FENOC submits the DNPS NFPA 805 LAR, DBNPS will not receive enforcement discretion and are subject to the normal Enforcement Policy.

If you have any questions regarding this matter, please contact Michael Mahoney, the project manager for Davis-Besse Nuclear Power Station, at (301) 415-3867.

Sincerely,

/RA/ Joseph G. Giitter, Director Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: Distribution via Listserv DISTRIBUTION

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• by memo dated OFFICIAL RECORD COPY