[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]
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