[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Pages 34941-34942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17098]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-346]


Toledo Edison Company, et al.; (Davis-Besse Nuclear Power 
Station, Unit 1); Confirmatory Order Modifying License, Effective 
Immediately

I

    Toledo Edison Company, Centerior Service Company, and The Cleveland 
Electric Illuminating Company (the Licensees) are the holders of 
Facility Operating License No. NPF-3, which authorizes operation of the 
Davis-Besse Nuclear Power Station, Unit 1, located in Ottawa County, 
Ohio.

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 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 
asked licensees to submit plans and schedules for resolving the Thermo-
Lag issue. The NRC staff has obtained and reviewed all such 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 example, several licensees informed the NRC staff that 
their completion dates had slipped by 6 months to as much as 3 years. 
The NRC staff has met with licensees of plants that have completion 
action scheduled beyond 1997 to

[[Page 34942]]

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.
    The NRC staff met with the Licensees for Davis-Besse on April 3, 
1997. At this meeting, the NRC staff reviewed the schedule of Thermo-
Lag corrective actions described in the Licensees' submittals to the 
NRC dated February 20, April 24, June 26, and November 5, 1996, as 
documented in the NRC meeting summary dated April 16, 1997. On the 
basis of the information submitted by the Licensees (including an 
additional letter dated September 10, 1997), the NRC staff has 
concluded that the schedules presented are 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; and (3) 
the need to perform certain plant modifications during outages as 
opposed to those that can be performed while the plant is at power. In 
order to remove compensatory measures such as fire watches, it has been 
determined that resolution of the Thermo-Lag corrective actions by the 
Licensees must be completed in accordance with their current schedule. 
By letter dated May 4, 1998, the NRC staff notified the Licensees of 
its plan to incorporate their schedule commitment into a requirement by 
issuance of an order and requested consent from the Licensees. By 
letter dated June 11, 1998, the Licensees provided their consent to 
issuance of a Confirmatory Order.

III

    The Licensees' commitment as set forth in their letter of June 11, 
1998, 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 ensure public health and safety, the NRC staff 
has determined that the Licensees' commitment in their June 11, 1998, 
letter be confirmed by this Order. The Licensees have agreed to this 
action. On this basis, and the Licensees' 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

    The Toledo Edison Company, Centerior Service Company, and The 
Cleveland Electric Illuminating Company (the licensees) shall 
complete final implementation of Thermo-Lag 330-1 fire barrier 
corrective actions at the Davis-Besse Nuclear Power Station, Unit 
No. 1, by December 31, 1998, as described in the licensees' 
submittals to the NRC dated February 20, 1996, April 24, 1996, June 
26, 1996, November 5, 1996, and September 10, 1997, and as presented 
at the licensees' meeting with the NRC staff on April 3, 1997, as 
documented in the NRC meeting summary dated April 16, 1997.

    The Director, Office of Nuclear Reactor Regulation, may relax or 
rescind, in writing, any provisions of this Confirmatory Order upon a 
showing by the Licensees of good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensees, 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, D.C. 20555-
0001, and must 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: Rulemakings and Adjudications Staff, 
Washington, D.C. 20555-0001. Copies of the hearing request shall also 
be sent to the Director, Office of Nuclear Reactor Regulation, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, to the 
Deputy Assistant General Counsel for Enforcement at the same address, 
to the Regional Administrator, NRC Region III, 801 Warrenville Road, 
Lisle, Illinois 60532-4351, and to the Licensees. 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 22nd day of June 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-17098 Filed 6-25-98; 8:45 am]
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