[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Notices]
[Pages 35618-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17351]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-321 and 50-366 and License Nos. DPR-57 and NPF-5]


Southern Nuclear Operating Company Inc.; Edwin I. Hatch Nuclear 
Plant, Units 1 and 2; Confirmatory Order Modifying License; Effective 
Immediately

I

    Southern Nuclear Operating Company, Inc. (SNC/the licensee) is the 
holder of Facility Operating License Nos. DPR-57 and NPF-5, which 
authorizes operation of Edwin I. Hatch Nuclear Plant, Units 1 and 2, 
located in Appling County, Georgia.

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 example, several licensees 
informed the NRC staff that their completion dates had slipped by 6 
months to as much as 3 years.

[[Page 35619]]

    SNC has committed to complete final implementation of Thermo-Lag 
330-1 fire barriers corrective actions at both Hatch units by startup 
of Unit 2 from the fall 1998 refueling outage. The NRC staff has 
concluded that this schedule is reasonable based on the amount of 
installed Thermo-Lag and the complexity of the plant-specific fire 
barrier configurations and issues. In order to remove compensatory 
measures, such as fire watches, it has been determined the resolution 
of the Thermo-Lag corrective actions by SNC must be completed in 
accordance with the current SNC schedule. By letter dated April 29, 
1998, the NRC staff notified SNC of its plan to incorporate SNC's 
schedule commitment into a requirement by issuance of an order and 
requested consent from the licensee. By letter dated June 2, 1998, the 
licensee provided its consent to issuance of a Confirmatory Order.

III

    The licensee's commitment as set forth in its letter of June 2, 
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 June 2, 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:

    SNC shall complete final implementation of Thermo-Lag 330-1 fire 
barrier corrective actions at Plant Hatch Units 1 and 2, described 
in the SNC submittal to the NRC dated December 13, 1994, March 28, 
1995, and May 11, 1998 (HL-5632), by startup of Unit 2 from the fall 
1998 refueling outage.

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-
0001, and include a statement of good cause for the extension. Any 
request for a hearing shall be submitted to the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Attention: Rulemaking 
and Adjudications Staff, Washington, DC 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, DC 
20555-0001, to the Deputy Assistant General Counsel for Enforcement at 
the same address, to the Regional Administrator, NRC Region II, P.O. 
Box 2257, Atlanta, Georgia 30303-3415, 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 24th day of June 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-17351 Filed 6-29-98; 8:45 am]
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