[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Notices]
[Pages 44756-44757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21307]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-289]
GPU Nuclear Inc., et al., (Three Mile Island Nuclear Station,
Unit 1); Confirmatory Order Modifying License, Effective Immediately
I
GPU Nuclear Inc. (GPUN or the Licensee) is the holder of Facility
Operating License No. DRP-50, which authorizes operation of Three Mile
Island Nuclear Station, Unit 1 located in Dauphin County, Pennsylvania.
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 using Thermo-Lag 330-1 fire barriers may not be meeting
regulatory requirements. During the time period 1992-1994, the NRC
staff issued Generic Letter (GL) 92-08, ``Thermo-Lag 330-1 Fire
Barriers,'' and subsequent requests for additional information that
asked licensees to submit plans and schedules for resolving the Thermo-
Lag issue. The NRC staff has obtained and reviewed corrective plans and
schedules from all licensees. 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 example, several licensees
informed the NRC staff that their completion dates would be delayed
between 6 months and 3 years. The NRC staff has met with licensees of
plants that have scheduled completion beyond 1997 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.
At the meeting with GPUN, NRC staff reviewed the schedule of
Thermo-Lag corrective actions described in the eight GPUN submittals to
the NRC dated February 10, and December 5, 1994; July 7, 1995; August
16, November 5, and December 31, 1996; and August 19, and November 23,
1997, to complete implementation of Thermo-Lag 330-1 fire barriers
corrective actions by December 31, 1999, except for those corrective
actions that were the subject of a pending exemption request dated
December 31, 1996, and supplemented by three letters dated July 31,
September 8, and December 30, 1997. On the basis of the information
submitted by GPUN and presented during the meeting, the NRC staff
concluded that the GPUN schedule was reasonable and issued a
Confirmatory Order Modifying License on May 22, 1998, with regard to
that schedule.
Subsequently, the NRC staff denied portions of the Licensee's
exemption request of December 31, 1996, and the Licensee has committed
in its letter of June 2, 1999, to complete additional Thermo-Lag
corrective actions in areas which were the subject of those parts of
the exemption request that was denied by June 30, 2000. The staff has
concluded that this schedule 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)
[[Page 44757]]
integration with other significant but unrelated issues that GPUN is
addressing at its plant. In order to remove compensatory measures such
as fire watches, it has been determined that resolution of all Thermo-
Lag corrective actions by GPUN must be completed by June 30, 2000. By
letter dated June 21, 1999, the NRC staff notified GPUN of its plan to
incorporate GPUN's schedule commitment with regard to issues which were
the subject of the exemption request into a requirement by issuance of
an order and requested consent from the Licensee. By letter dated July
1, 1999, the Licensee consented to issuance of a Confirmatory Order.
III
The Licensee's commitment as stated in its letter of July 1, 1999,
is acceptable and is necessary for the NRC to conclude that public
health and safety are reasonably assured. To preclude any schedule
delay and to assure public health and safety, the NRC staff has
determined that the Licensee's commitment in its July 1, 1999, letter
be confirmed by this Order. The Licensee has agreed to this action. On
this basis, and on the basis of 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:
GPU Nuclear, Inc., et al. shall complete final implementation of
Thermo-Lag 330-1 fire barrier corrective actions at Three Mile Island
Nuclear Station, Unit 1, described in the GPU Nuclear, Inc., submittal
to the NRC dated June 2, 1999, 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, US Nuclear Regulatory Commission, Washington, DC 20555-
0001, and include a statement of good cause for the extension. Any
request for a hearing must be submitted to the Secretary, US Nuclear
Regulatory Commission, Attention: Chief, Rulemaking and Adjudications
Staff, Washington, DC 20555-0001. Copies of the hearing request must
also be sent to the Director, Office of Nuclear Reactor Regulation, US
Nuclear Regulatory Commission, Washington, DC 20555-0001, to the
Assistant General Counsel Materials Litigation and Enforcement at the
same address, to the Regional Administrator, NRC Region I, US Nuclear
Regulatory Commission, 475 Allendale Road., King of Prussia, PA 19406-
1415, and to the Licensee, Mr. James W. Langenbach, Vice President and
Director--TMI-1, GPU Nuclear, Inc., P.O. Box 480, Middletown, PA 17057.
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 must 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 11th day of August 1999.
For the Nuclear Regulatory Commission.
William F. Kane,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-21307 Filed 8-16-99; 8:45 am]
BILLING CODE 7590-01-P
