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August 13, 1981 f, . , .S SECY-81-486

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RULEMAKING ISSUE(Notation Vote)

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,qFor: The Commissioners 8

'e/c w'J-IFrom: Martin G. MalschDeputy General Counsel

Subject: PETITION FOR EXTENSION OF DEADLINE FORENVIRONMENTAL QUALIFICATION OF CLASS IEELECTRICAL EQUIPMENT

On June 22, 1981, a group of 18licensees petitioned for a thirteenmonth extension of the June 30, 1982deadline set by the Commission by which"all safety related electrical equipmentin operating plants shall be qualifiedto tLT T10R Guide]ines or NUREG-058 8. "CLI-8s -J'. 11 NRC 707, 715 (1980). */Petitioners contend that the deadliEecannot be met because the staff reviewprocess has become "a broad andcomplicated task, which has taken moretime than contenplated." In particular,petitioners note staff's SafetyEvaluation Reports en the environmental

-*/ Two additional licensees joined the petition by letterof June 29, 1981.

CONTACT:Sheldon L. Trubatch, OGC634-3224

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qualification issue were issued in lateMay and early June instead of byFebruary 1, 1981 as contemplated in theCommission's Order. Moreover, the SERsidentified a number of items requiringadditional information and providedlicensees 90 days to submit thatinformation. Petitioners contend that"{o]nly then will t.hese licensees havethe appropriate regulatory guidance toproceed with qualification, replacement,or reanalysis of Class IE equipmentfound by the Staff to require furtheraction." Accordingly, petitioners haverequested this extension. T:ey believethat only the Commission car act ontheir request bceause it setks genericrelief from a deadline imposed by theCommission in exercising its inherentsupervisory authority, and because thestaff has taken the position that it isnot authorized to grant such relief.Generic Letter 81-05 from Darrell G.Eisenhut to all Licensecs of OperatingPlants and Applicants for OperatingLicenses and Holders of ConstructionPermits (January 19, 1981).

Staff responded :m July 31, 1981, andrecommended an extension of one year.Staff also diccussed alternativeextensions and raised related issuesincluding the question of whether toproceed by rulemaking or orders. Thedetails of staff's responses aredescribed in the attached propose'Federal Register Notice of Recei ofthe Petition and Prcposed Rulemaking.

We believe that the Commission shouldconsider this petirion because itconcerns a deadline set by theCommission in responding to thepetitions by the Union of Concerned -

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Scientists. Accordingly, we haveprepared the attached FRN recuesting

- comments on the petition and the issuesraised in staff's response.

- )];|'. hn // ' ]Nn

Martin G. MalschDeputy General Counsel

Attachment: Proposed FR Notice

Commissioners' comments should be provided directly to the Officeof the Secretary by c.o.b. August 28, 1981.

Commission staff office comments, if any, should be submitted tothe Commissioners NLT August 21, 1981, with an information copyto the Office of the Secretary. If the paper is of such a naturethat it recuiras additional time for analytical review and comment,the Commissioners and the Secretariat should be apprised of whencomments may be expected.

Distribution:CommissionersCommission Staff OfficesEDOELD

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[7590-01]

NUCLEAR REGULATORY COMMI5510!4

[10 CFR Part 50]

Nuclear Reactar Regulation

AGENCY: U.S. Nuclear Regulatory Ccamission.

ACTION: Notice of Receipt of Petition for Extensicn of Deadline for

Environmental Qualification of Class IE 7.cgipment, Notice of Proposed

Rulemaking.

SUMMARY: Several licec3ses have petitioned the Ccamission to extend the

June 30, 1982 deadline for environmental qualification of Class IE

electrical equipment established by the Conmissicn in order CLI-80-21,

11 NP.C 707, 715 (1980). The NRC staff has responded to that petition

and reccamended an crtension cf one year. The Commission requests

comments on the proposed alternative extensions and other related issues

discussec below.

DATE: Comments must be received en or before [ insert date 30 days from

date of publication in Federal Recister).

ADDRESSES: Written comments should t.e submitted to the Secretary of the

Conmissicn, U.S. Nuclear Regulatory Commissicn, Washincun, DC, 20555,

ATTN: Docketing and Service Branch. Ccpies of all comments receivec rc.ay

be examined in the Commission's Public Lt .nent Room at 117 H Street,

hW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: 5. L. Trubatch, Esq., Office of the

Ge..e al Counsel, Room 1047, U.S. Nuclear Regula cry Ccanission,

Was'ingtor., DC, 20555,(202)-634-3224.

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2 [7590-01]

SUPPLEMENTARY INFORMATION: On June 22, 1951, a group of 18 licensees

petitioned for a thirteen-month extension of the June 30, 1982 deadline

set by order of the Commission by which "all safety related electric

equipment in operating plants shall be qualified to the DDR Guideli*es

or NUREG-0588." CLI-80-21, 11 NRC 707, 715 (1980). / Petitioners*

contend that the deadline cannot be net because the NRC Staff review

process has become "a broad and complicated task, which has taken more

time than contemplated." In particular, petitioners note Staff's Safety

Evaluation Reports (SERs) on the environmental qualification issue were

issued in late May and early June instead of by February 1,1981 as

contemplated in the Commission's Order. Moreover, the SERs identified a

number of items requiring additional information and proviced licensees

90 days to submit that information. Petitioners estimate Staff will

then require six months to evaluate tnat information and issue

surpienental SERs. Petitionors contend that "[o]nly then will these

licensees have the appropriate regulatory guidance to proceed with

qualification, replacement, or reanalysis of Class IE equipment found by

the NRC Staff to require further actien." Accordingly, petitionere ha've

requested this extension. They celieve that only the Commission can act

on their request because it seeks ceneric relief from a ceadline imposed

by the Commission in exercising its inherent supervisory authority, and

because the NRC Staff has taken the ptsition that it is not authorized

b Two additional licensees joined tne petition by letter of June 29,1981.

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3 [7590-01]

to grant such relief.

On July 31, 1981, the NRC Staff responded to this petition. Staff

believes that circumstances prevent maintenance of the current June 30,

1982 deadline and recommends the following extension:

By no later than June 30, 1983 all safety-related electricalequipment for operating power reactors shall be qualified inaccordance with the provisions of: Division of Operating Reactors'" Guidelines for Evaluating Environmenti;l Qualification of Class IEElectrical Equipment in Operating Reactors" (DOR Guidelines) orNUREG-05SS " Interim Staff Position on Environmental Qualificationof Safety-Related Electrical Ecuipmer,t," December 1979. TheDirector, Division of Licensing, may in writing grant requests forextensions of this deadline for particular pieces of equipment ifsuch requests are timely filed, cemonstrate good faith towardsqualifying all equipment, and provide good cause for the extension,such as procurement lead time, test complications, and installationproblems.

Staff believes that such an extensicn is necessary and appropriate

for the following reascns. First, a loger than erected two-step Staff

review process of preliminary evaluaticns followed by final SERs was

necessitated by the need to have licensees evaluate the safety of

continued cperation prior to issuance of the final SERs. Serand,

licensees are having difficulty in developing a course of rction to

demonstrate compliance with environmental cualification requirements

tecause there are unresobed ccntroversies regarding the test methods

anc their results, some replacemen; equipment is still being tested, and

some qualified replacement equipment is not yet availwie. Third,

centinued operation is subject to NRC Staff's positive finding on the

justifi ations for such operation that licensees have been requested to

submit.

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In addition to its recommended extension, NRC Staff has also

suggested three other options that can be considered: (1) maintenance

of the current deadline; (2) extension of the deadlina to the second

refueling outage after January 1, 1982; (3) qualification of most

equipment by June 30, 1983, with requirement for complete qualification

by flovember 30, 1955. It believes that option (1) is not viable and

will lead to a significant number of proceedings initiated by licensees.

who cannot meet the deadline. Option (2) would have the advantages of

leveling the workload and avoiding some unplanned outages but wculd

still require some plants to seek further extensions. Option (3) has

the advantages of the demonstration of qualificat'en of most equipment

by mid-1983 and a firm deadline of 1985 for completion of qualificatien.

Hoveer, industry would define the terms of compliance by mid-1983

because utilities would provide the program plan for qualifying

equipment.

Staff has also requested coments on the related actions of

enforcement of the tentative deadline of May 1, 1984 for the

qualification of mechanical equipment and for the seismic and dynamic

qualification of electrical equipment. Finally, staff recuests comments

on including the final date for environmental cualification of

electrical equipment in a consolidated rulemaking On the environmental

qualification of electrical equipment, qualification of mechanical

equipment,andaccreditationoftestlaboratoriei.

The Commission requests comments en:

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1. the alternative extensions proposed by the petitioners and tne

staff;

2. wnether any extension should be effected by rulemaking or by

order;

3. staff's proposal to issue, pursuant to 10 CFR 50.54(f),

letters to all licensees in August 1951 for the purpose of enforcing as

an interin requirement the t. - .y 1, 1954 deadline for the

qualification of mechanical equipment and the dynamic cualification of

electrical equipment; anc

4 staff's proposal to include the issue cf the finai date for

envircnmental qualificaricn of electrical equipment in a consolidated

rulemaking on the qualification of eier+rical equipment, the

qualification of mechanical cquipment, and the accrecitation of test

laboratories.

The Commission anticipates that, should it decide to grent some

extension of the date for compliance with the requirements for

environmental qudifications of safety-related electrical equipment by

rule, that rule would be issued without further cpp'crtunity for public

comment. Hence the Commission hereby gives notice that aception of such

a rule is contemplated. If the Comissicn decides to accress compliance

cates for seismic and dynamic qualifications of electrical equipment,

environmental qualifitation of mechanical equipment, and accreditation

of test laboratories by rule, then a future not'ce of proposeo

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rulemaking on these matters will be published in order to solicit

comment on the detcils of the proposals.

For the Commission

SAfiUEL J. CHILKSecretary of the Commission

Cated at Washington, DC,this dey cf 1981.

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