[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Pages 38597-38600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15950]



[EA-14-094; NRC-2014-0162]

In the Matter of FirstEnergy Nuclear Operating Co. (Davis-Besse 
Nuclear Power Station, Unit 1)

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order to revise the Davis-Besse National Fire Protection Association 
(NFPA) 805 License Amendment Request submittal date of July 1, 2014 to 
December 31, 2015. This new submittal date extends enforcement 
discretion until December 31, 2015, and supports FirstEnergy Nuclear 
Operating Company's (the licensee) continued progress in activities 
related to the transition to NFPA 805.

DATES: Effective Date: See attachment.

ADDRESSES: Please refer to Docket ID NRC-2014-0162 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available

[[Page 38598]]

information related to this action by the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0162. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-2872, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 30th day of June 2014.

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Acting Director, Office of Enforcement.

United States of America

Nuclear Regulatory Commission


In the Matter of: FirstEnergy Nuclear Operating Co., (Davis-Besse 
Nuclear Power Station, Unit No. 1) Docket No. 50-346, License No. NPF-
3, EA-14-094.

Confirmatory Order Modifying License


    FirstEnergy Nuclear Operating Company (FENOC, the licensee) is the 
holder of Facility Operating License No. NPF-3 issued by the U.S. 
Nuclear Regulatory Commission (NRC) pursuant to Part 50 of Title 10 of 
the Code of Federal Regulations (10 CFR), ``Domestic Licensing of 
Production and Utilization Facilities,'' on April 22, 1977. The license 
authorizes the operation of the Davis-Besse Nuclear Power Station, Unit 
No. 1 (Davis-Besse, facility), in accordance with conditions specified 
therein. The facility is located on the licensee's site in Oak Harbor, 


    On February 27, 2007, FENOC notified the NRC of its intent to adopt 
National Fire Protection Association (NFPA) Standard 805, ``Performance 
Based Standard for Fire Protection for Light Water Reactor Electric 
Generating Plants, 2001 Edition,'' at Davis-Besse in accordance with 10 
CFR 50.48(c). In this February letter, FENOC committed to commence its 
transition to the performance-based standard on March 1, 2007, and 
submit its license amendment request (LAR) three years after the 
transition start date, which would be March 1, 2010. Under this 
initiative, the NRC has exercised enforcement discretion for most fire 
protection noncompliances identified during the licensee's transition 
to NFPA 805, and for certain existing identified noncompliances that 
may reasonably be resolved at the completion of transition.
    The alternative fire protection rule NFPA 805, as adopted in 10 CFR 
50.48(c), is one path to resolving longstanding fire protection issues. 
To receive this enforcement discretion for fire protection 
noncompliances during transition, the licensee must meet the specific 
criteria, as stated in Section 9.1, ``Enforcement Discretion for 
Certain Fire Protection Issues (10 CFR 50.48),'' of the NRC Enforcement 
Policy (Policy), and submit an acceptable license amendment application 
by the date, as specified in the licensee's commitment letter.


    On September 10, 2008, the NRC revised Section 9.1 of the Policy to 
allow licensees to take advantage of the lessons learned from the NFPA 
805 pilot plants (73 FR 52705). This revision offered licensees 
transitioning to NFPA 805 the option to request an extension to their 
NFPA 805 enforcement discretion to six months after the NRC approved 
the second pilot plant LAR, given that the requesting plant had made 
substantial progress in their transition effort. By letter dated 
January 14, 2010, FENOC requested this extension for Davis-Besse and on 
March 23, 2010, the NRC granted it (Agencywide Documents Access and 
Management System (ADAMS) Accession Nos.; ML100191803 and ML100670111, 
respectively). Accordingly, Davis-Besse, along with other licensees who 
requested and were granted this extension, had their LAR submittal date 
    On December 29, 2010, the NRC approved the second pilot plant's 
license amendment, thereby establishing June 29, 2011, as the 
expiration date for the enforcement discretion period for about 25 
licensees, including Davis-Besse. In an effort to manage this high 
number of submittals and for the convenience of the staff, the NRC 
revised the Policy (76 FR 40777) to extend enforcement discretion to 
allow for the staggered submittal of licensee LARs. To receive this 
extension, licensees were required to submit a letter to the NRC by 
June 29, 2011, acknowledging a new LAR submittal commitment date. 
Accordingly, on June 29, 2011, FENOC submitted their request to submit 
their LAR for Davis-Besse on or before July 1, 2014 (ADAMS Accession 
No. ML111800765). On August 1, 2011, the NRC approved their request to 
extend enforcement discretion (ADAMS Accession No. ML112010151).
    In a public meeting held on November 13, 2013, between the NRC and 
FENOC, the licensee described its progress for transitioning Davis-
Besse to NFPA 805. FENOC also informed the NRC that an extension of the 
schedule for LAR submittal is under consideration to allow appropriate 
coordination of design modifications that are risk beneficial. In a 
letter dated April 1, 2014, FENOC expressed a desire to continue 
enforcement discretion, and a willingness to commit to a new submittal 
date of December 31, 2015 (ADAMS Accession No. ML14091A453). In 
accordance with SECY-12-0031, ``Enforcement Alternatives for Sites that 
Indicated Additional Time Required to Submit Their License Amendment 
Requests to Transition to 10 CFR 50.48(c) National Fire Protection 
Association Standard 805,'' enforcement discretion may be extended, via 
a confirmatory order, if a licensee provides adequate justification.
    In the April and subsequent May 29, 2014 (ADAMS Accession No. 
ML14149A545) letters, FENOC provided the justification for revising the 
LAR submittal date. The extension is necessary to incorporate plant 
modifications that were identified in response to the mitigation 
strategies for the beyond design basis external events. The extension 
request is necessary to incorporate these modifications into the PRA 
that support the NFPA 805 transition and the NFPA 805 LAR, with 
sufficient technical information for the

[[Page 38599]]

NRC staff to complete the detailed technical review. In addition; the 
staff reviewed the letters provided and a schedule of the major project 
milestones for the development and submission of incorporation of these 
modifications into the PRA, and the LAR submittal to the staff.
    Therefore, the NRC has determined that the Davis-Besse NFPA 805 
enforcement discretion along with the LAR submittal date should be 
extended. This Order is being issued to revise the Davis-Besse NFPA 805 
LAR submittal date of July 1, 2014 to December 31, 2015. This new 
submittal date supports FENOC's continued progress in activities 
related to the transition to NFPA 805, as described in their letters 
dated April 1, and May 29, 2014.
    FENOC may, at any time, cease its transition to NFPA 805 and comply 
with Davis-Besse's existing licensing basis and the regulations set 
forth in 10 CFR 50.48, as applicable. As indicated in the Enforcement 
Policy, if FENOC decides not to complete the transition to 10 CFR 
50.48(c), it must submit a letter stating its intent to retain its 
existing licensing basis and withdrawing its letter of intent to comply 
with 10 CFR 50.48(c). If FENOC fails to meet the new LAR submittal date 
and fails to comply with its existing licensing basis, the NRC will 
take appropriate enforcement action, consistent with its Enforcement 
    On June 25, 2014, FENOC consented to issuing this Order, as 
described in Section V below. FENOC further agreed that this Order will 
be effective upon issuance and that it has waived its rights to a 


    Based on the licensee's current status, scheduled key activities, 
and planned modifications, the NRC has determined that the licensee has 
provided adequate justification for its commitment given in Section V, 
and, thus, for the extension of enforcement discretion. Because the 
licensee will continue to perform modifications to reduce current fire 
risk in parallel with the development of its NFPA 805 LAR, the staff 
finds this acceptable to ensure public health and safety. Based on the 
above and FENOC's consent, this Order is effective upon issuance.


    Accordingly, pursuant to Sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's regulations in 10 CFR 2.202, ``Orders,'' It Is Hereby 
Ordered That License No. NPF-3 Is Modified As Follows:
    A. FENOC will submit an acceptable license amendment request for 
Davis-Besse Nuclear Power Station, Unit 1, to adopt NFPA Standard 805 
by no later than December 31, 2015.
    B. FENOC will continue to receive enforcement discretion until 
December 31, 2015. If the NRC finds that the license amendment request 
is not acceptable, the NRC will take steps consistent with the 
Enforcement Policy.
    The Director of the Office of Enforcement, in consultation with the 
Director of the Office of Nuclear Reactor Regulation, may, in writing, 
relax or rescind any of the above conditions upon demonstration by the 
licensee of good cause.


    In accordance with 10 CFR 2.202, the licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days from the date of this Order. In addition, any 
other person adversely affected by this Order may request a hearing on 
this Order within 30 days from the date of this Order. Where good cause 
is shown, consideration will be given to extending the time to answer 
or request a hearing. A request for extension of time must be directed 
to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, and include a statement of good 
cause for the extension.
    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 hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    All documents filed in the NRC adjudicatory proceedings, including 
a request for a hearing, a petition for leave to intervene, any motion 
or other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with NRC E-Filing rule (72 FR 49139; August 
28, 2007). The E-Filing process requires participants to submit and 
serve all adjudicatory documents over the internet, or in some cases to 
mail copies on electronic storage media. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital 
certificate). Based on this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a web browser plug-in from the NRC's 
Web site. Further information on the web-based submission form, 
including the installation of the web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
a hearing or petition for leave to intervene. Submissions should be in 
portable document format (PDF) in accordance with the NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered

[[Page 38600]]

complete at the time the documents are submitted through the NRC's E-
Filing system. To be timely, an electronic filing must be submitted to 
the E-Filing system no later than 11:59 p.m. Eastern Time on the due 
date. Upon receipt of a transmission, the E-Filing system time-stamps 
the document and sends the submitter an email notice confirming receipt 
of the document. The E-Filing system also distributes an email notice 
that provides access to the document to the NRC's Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the document on those participants separately. Therefore, 
applicants and other participants (or their counsel or representative) 
must apply for and receive a digital ID certificate before a hearing 
request/petition to intervene is filed so that they can obtain access 
to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk thorough the ``Contact Us'' link located on the NRC's Web 
site at http://www.nrc/gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an extension request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party using E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submissions.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    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 V above shall be final 30 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 V shall be final when the extension expires if a 
hearing request has not been received.

    For The Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 30th of June 2014.
Patricia K. Holahan,
Acting Director, Office of Enforcement.
[FR Doc. 2014-15950 Filed 7-7-14; 8:45 am]