ML19251A189
| ML19251A189 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1981 |
| From: | Malsch M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19251A190 | List: |
| References | |
| REF-10CFR9.7, TASK-RINV, TASK-SE SECY-81-486, NUDOCS 8108250111 | |
| Download: ML19251A189 (9) | |
Text
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August 13, 1981 f,
.,.S SECY-81-486
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RULEMAKING ISSUE (Notation Vote) if 6
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The Commissioners 8
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Martin G. Malsch Deputy General Counsel
Subject:
PETITION FOR EXTENSION OF DEADLINE FOR ENVIRONMENTAL QUALIFICATION OF CLASS IE ELECTRICAL EQUIPMENT On June 22, 1981, a group of 18 licensees petitioned for a thirteen month extension of the June 30, 1982 deadline set by the Commission by which "all safety related electrical equipment in operating plants shall be qualified to tLT T10R Guide]ines or NUREG-058 8. "
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11 NRC 707, 715 (1980). */
Petitioners contend that the deadliEe cannot be met because the staff review process has become "a broad and complicated task, which has taken more time than contenplated."
In particular, petitioners note staff's Safety Evaluation Reports en the environmental
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Two additional licensees joined the petition by letter of June 29, 1981.
CONTACT:
Sheldon L.
Trubatch, OGC 634-3224 8108250111 810913 CF
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2 qualification issue were issued in late May and early June instead of by February 1, 1981 as contemplated in the Commission's Order.
Moreover, the SERs identified a number of items requiring additional information and provided licensees 90 days to submit that information.
Petitioners contend that
"{o]nly then will t.hese licensees have the appropriate regulatory guidance to proceed with qualification, replacement, or reanalysis of Class IE equipment found by the Staff to require further action."
Accordingly, petitioners have requested this extension.
T:ey believe that only the Commission car act on their request bceause it setks generic relief from a deadline imposed by the Commission in exercising its inherent supervisory authority, and because the staff has taken the position that it is not authorized to grant such relief.
Generic Letter 81-05 from Darrell G.
Eisenhut to all Licensecs of Operating Plants and Applicants for Operating Licenses and Holders of Construction Permits (January 19, 1981).
Staff responded :m July 31, 1981, and recommended an extension of one year.
Staff also diccussed alternative extensions and raised related issues including the question of whether to proceed by rulemaking or orders.
The details of staff's responses are described in the attached propose' Federal Register Notice of Recei of the Petition and Prcposed Rulemaking.
We believe that the Commission should consider this petirion because it concerns a deadline set by the Commission in responding to the petitions by the Union of Concerned
3 Scientists.
Accordingly, we have prepared the attached FRN recuesting comments on the petition and the issues raised in staff's response.
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Martin G. Malsch Deputy General Counsel
Attachment:
Proposed FR Notice Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. August 28, 1981.
Commission staff office comments, if any, should be submitted to the Commissioners NLT August 21, 1981, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it recuiras additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
Distribution:
Commissioners Commission Staff Offices EDO ELD
[7590-01]
NUCLEAR REGULATORY COMMI5510!4
[10 CFR Part 50]
Nuclear Reactar Regulation AGENCY:
U.S. Nuclear Regulatory Ccamission.
ACTION:
Notice of Receipt of Petition for Extensicn of Deadline for Environmental Qualification of Class IE 7.cgipment, Notice of Proposed Rulemaking.
SUMMARY
Several licec3ses have petitioned the Ccamission to extend the June 30, 1982 deadline for environmental qualification of Class IE electrical equipment established by the Conmissicn in order CLI-80-21, 11 NP.C 707, 715 (1980).
The NRC staff has responded to that petition and reccamended an crtension cf one year.
The Commission requests comments on the proposed alternative extensions and other related issues discussec below.
DATE:
Comments must be received en or before [ insert date 30 days from date of publication in Federal Recister).
ADDRESSES:
Written comments should t.e submitted to the Secretary of the Conmissicn, U.S. Nuclear Regulatory Commissicn, Washincun, DC, 20555, ATTN: Docketing and Service Branch.
Ccpies of all comments receivec rc.ay be examined in the Commission's Public Lt.nent Room at 117 H Street, hW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
- 5. L. Trubatch, Esq., Office of the Ge..e al Counsel, Room 1047, U.S. Nuclear Regula cry Ccanission, Was'ingtor., DC, 20555,(202)-634-3224.
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SUPPLEMENTARY INFORMATION:
On June 22, 1951, a group of 18 licensees petitioned for a thirteen-month extension of the June 30, 1982 deadline set by order of the Commission by which "all safety related electric equipment in operating plants shall be qualified to the DDR Guideli*es or NUREG-0588." CLI-80-21, 11 NRC 707, 715 (1980). /
Petitioners contend that the deadline cannot be net because the NRC Staff review process has become "a broad and complicated task, which has taken more time than contemplated."
In particular, petitioners note Staff's Safety Evaluation Reports (SERs) on the environmental qualification issue were issued in late May and early June instead of by February 1,1981 as contemplated in the Commission's Order.
Moreover, the SERs identified a number of items requiring additional information and proviced licensees 90 days to submit that information.
Petitioners estimate Staff will then require six months to evaluate tnat information and issue surpienental SERs.
Petitionors contend that "[o]nly then will these licensees have the appropriate regulatory guidance to proceed with qualification, replacement, or reanalysis of Class IE equipment found by the NRC Staff to require further actien."
Accordingly, petitionere ha've requested this extension.
They celieve that only the Commission can act on their request because it seeks ceneric relief from a ceadline imposed by the Commission in exercising its inherent supervisory authority, and because the NRC Staff has taken the ptsition that it is not authorized b
Two additional licensees joined tne petition by letter of June 29, 1981.
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[7590-01]
to grant such relief.
On July 31, 1981, the NRC Staff responded to this petition.
Staff believes that circumstances prevent maintenance of the current June 30, 1982 deadline and recommends the following extension:
By no later than June 30, 1983 all safety-related electrical equipment for operating power reactors shall be qualified in accordance with the provisions of:
Division of Operating Reactors'
" Guidelines for Evaluating Environmenti;l Qualification of Class IE Electrical Equipment in Operating Reactors" (DOR Guidelines) or NUREG-05SS " Interim Staff Position on Environmental Qualification of Safety-Related Electrical Ecuipmer,t," December 1979.
The Director, Division of Licensing, may in writing grant requests for extensions of this deadline for particular pieces of equipment if such requests are timely filed, cemonstrate good faith towards qualifying all equipment, and provide good cause for the extension, such as procurement lead time, test complications, and installation problems.
Staff believes that such an extensicn is necessary and appropriate for the following reascns.
First, a loger than erected two-step Staff review process of preliminary evaluaticns followed by final SERs was necessitated by the need to have licensees evaluate the safety of continued cperation prior to issuance of the final SERs.
- Serand, licensees are having difficulty in developing a course of rction to demonstrate compliance with environmental cualification requirements tecause there are unresobed ccntroversies regarding the test methods anc their results, some replacemen; equipment is still being tested, and some qualified replacement equipment is not yet availwie.
- Third, centinued operation is subject to NRC Staff's positive finding on the justifi ations for such operation that licensees have been requested to submit.
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In addition to its recommended extension, NRC Staff has also suggested three other options that can be considered:
(1) maintenance of the current deadline; (2) extension of the deadlina to the second refueling outage after January 1, 1982; (3) qualification of most equipment by June 30, 1983, with requirement for complete qualification by flovember 30, 1955.
It believes that option (1) is not viable and will lead to a significant number of proceedings initiated by licensees who cannot meet the deadline.
Option (2) would have the advantages of leveling the workload and avoiding some unplanned outages but wculd still require some plants to seek further extensions.
Option (3) has the advantages of the demonstration of qualificat'en of most equipment by mid-1983 and a firm deadline of 1985 for completion of qualificatien.
Hoveer, industry would define the terms of compliance by mid-1983 because utilities would provide the program plan for qualifying equipment.
Staff has also requested coments on the related actions of enforcement of the tentative deadline of May 1, 1984 for the qualification of mechanical equipment and for the seismic and dynamic qualification of electrical equipment.
Finally, staff recuests comments on including the final date for environmental cualification of electrical equipment in a consolidated rulemaking On the environmental qualification of electrical equipment, qualification of mechanical equipment,andaccreditationoftestlaboratoriei.
The Commission requests comments en:
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1.
the alternative extensions proposed by the petitioners and tne staff; 2.
wnether any extension should be effected by rulemaking or by order; 3.
staff's proposal to issue, pursuant to 10 CFR 50.54(f),
letters to all licensees in August 1951 for the purpose of enforcing as an interin requirement the t.
.y 1, 1954 deadline for the qualification of mechanical equipment and the dynamic cualification of electrical equipment; anc 4
staff's proposal to include the issue cf the finai date for envircnmental qualificaricn of electrical equipment in a consolidated rulemaking on the qualification of eier+rical equipment, the qualification of mechanical cquipment, and the accrecitation of test laboratories.
The Commission anticipates that, should it decide to grent some extension of the date for compliance with the requirements for environmental qudifications of safety-related electrical equipment by rule, that rule would be issued without further cpp'crtunity for public comment.
Hence the Commission hereby gives notice that aception of such a rule is contemplated.
If the Comissicn decides to accress compliance cates for seismic and dynamic qualifications of electrical equipment, environmental qualifitation of mechanical equipment, and accreditation of test laboratories by rule, then a future not'ce of proposeo
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rulemaking on these matters will be published in order to solicit comment on the detcils of the proposals.
For the Commission SAfiUEL J. CHILK Secretary of the Commission Cated at Washington, DC, this dey cf 1981.
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