[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Notices]
[Pages 29760-29761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14389]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-302]
In the Matter of Florida Power Corporation Crystal River Unit 3;
Confirmatory Order Modifying License Effective Immediately
I
Florida Power Corporation, (FPC or the Licensee) is the holder of
Facility Operating License No. DPR-72, which authorizes operation of
Crystal River Unit 3 located in Citrus County, Florida.
II
The staff of the U.S. Nuclear Regulatory Commission (NRC) has been
concerned that Thermo-Lag 330-1 fire barrier systems installed by
licensees may not provide the level of fire endurance intended and that
licensees that use Thermo-Lag 330-1 fire barriers may not be meeting
regulatory requirements. During the 1992 to 1994 timeframe, the NRC
staff issued Generic Letter (GL) 92-08, ``Thermo-Lag 330-1 Fire
Barriers'' and subsequent requests for additional information that
requested licensees to submit plans and schedules for resolving the
Thermo-Lag issue. The NRC staff has obtained and reviewed all
licensees' corrective plans and schedules. The staff is concerned that
some licensees may not be making adequate progress toward resolving the
plant-specific issues, and that some implementation schedules may be
either too tenuous or too protracted. For
[[Page 29761]]
example, several licensees informed the NRC staff that their completion
dates had slipped by 6 months to as much as 3 years. For plants that
have completion action scheduled beyond 1997, the NRC staff has met
with these licensees to discuss the progress of the licensees'
corrective actions and the extent of licensee management attention
regarding completion of Thermo-Lag corrective actions. In addition, the
NRC staff discussed with licensees the possibility of accelerating
their completion schedules.
Crystal River Unit 3 was one of the plants that have completion
action scheduled beyond 1997. Based on the information submitted by FPC
in its April 10, 1998 submittal, the NRC staff has concluded that the
schedule presented by FPC is reasonable. This conclusion is based on
(1) the amount of installed Thermo-Lag, (2) the complexity of the
plant-specific fire barrier configurations and issues, (3) the need to
perform certain plant modifications during outages as opposed to those
that can be performed while the plant is at power, and (4) integration
with other significant, but unrelated issues that FPC is addressing at
its plant. In order to remove compensatory measures such as fire
watches, it has been determined that resolution of the Thermo-Lag
corrective actions by FPC must be completed in accordance with the
current FPC schedule. By letter dated April 23, 1998, the NRC staff
notified FPC of its plan to incorporate FPC's schedule commitment into
a requirement by issuance of an order and requested consent from the
Licensee. By letter dated May 6, 1998, the Licensee provided its
consent to issuance of a Confirmatory Order.
III
The Licensee's commitment as set forth in its letter of May 6,
1998, is acceptable and is necessary for the NRC to conclude that
public health and safety are reasonably assured. To preclude any
schedule slippage and to assure public health and safety, the NRC staff
has determined that the Licensee's commitment in its May 6, 1998,
letter be confirmed by this Order. The Licensee has agreed to this
action. Based on the above, and the Licensee's consent, this Order is
immediately effective upon issuance.
IV
Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Part 50, it is hereby ordered,
effective immediately, that:
Florida Power Corporation shall complete final implementation of
Thermo-Lag 330-1 fire barrier corrective actions at Crystal River
Unit 3 described in the Florida Power Corporation submittal to the
NRC dated April 10, 1998, by June 30, 2000.
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.
V
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within 20 days of its
issuance. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time must be made in writing to the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension. Any request
for a hearing shall be submitted to the Secretary, U.S. Nuclear
Regulatory Commission, Attention: Chief, Rulemakings and Adjudications
Staff, Washington, DC 20555. Copies of the hearing request shall also
be sent to the Director, Office of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, to the Deputy
Assistant General Counsel for Enforcement at the same address, to the
Regional Administrator, NRC Region II, Atlanta Federal Center, 61
Forsyth Street, SW, Suite 23T85, Atlanta, GA 30303, and to the
Licensee. If such a person requests a hearing, that person shall set
forth with particularity the manner in which his/her interest is
adversely affected by this Order and shall address criteria set forth
in 10 CFR 2.714(d).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any such hearing. If a hearing is held, the issue to be
considered at such hearing shall be whether this Confirmatory Order
should be sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section IV shall be final when the extension expires if a
hearing request has not been received. An answer or a request for
hearing shall not stay the immediate effectiveness of this Order.
Dated at Rockville, Maryland this 21st day of May 1998.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-14389 Filed 5-29-98; 8:45 am]
BILLING CODE 7590-01-P
