ML120260728

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Letter to W.L. Berg of Dairyland Power Cooperative Transmitting Lacrosse ISFSI 73.55 Exemption
ML120260728
Person / Time
Site: La Crosse  File:Dairyland Power Cooperative icon.png
Issue date: 06/20/2012
From: John Hickman
NRC/FSME/DWMEP/DURLD/RDB
To: Berg W
Dairyland Power Cooperative
John Hickman (301) 415-3017
Shared Package
ML120260719 List:
References
TAC J00402, TAC J00403
Download: ML120260728 (3)


Text

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION Document transmitted herewith contains SGI. When separated from enclosure 2, this document is decontrolled.

June 20, 2012 Mr. W. L. Berg President and Chief Executive Officer Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817

SUBJECT:

LA CROSSE BOILING WATER REACTOR INDEPENDENT SPENT FUEL STORAGE INSTALLATION - APPROVAL OF REVISED PHYSICAL SECURITY PLAN AND ISSUANCE OF EXEMPTION FROM CERTAIN SECURITY REQUIREMENTS OF 10 CFR 73.55 (TAC NO. J00402 AND J00403)

Dear Mr. Berg:

By letter dated February 23, 2011, you submitted a revised LaCrosse Boiling Water Reactor (LACBWR) Physical Security Plan (PSP) that included changes to keep the plan current to comply with 10 CFR 73.55 and to implement the Independent Spent Fuel Storage Installation (ISFSI) requirements for the upcoming transfer of spent fuel to dry cask storage. Additionally, by letter dated February 23, 2011, you submitted a request for exemptions from certain requirements of 10 CFR 73.55 for the LACBWR ISFSI.

The U.S. Nuclear Regulatory Commission (NRC) has reviewed the LACBWR PSP and determined that the PSP meets the regulatory requirements in 10 CFR Part 73.

The NRC also has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC hereby grants Dairyland Power Cooperative (DPC) an exemption from: 10 CFR 73.55(e)(10)- requirement for vehicle control measures to be consistent with the physical protection program design requirements in 10 CFR 73.55(b);

10 CFR 73.55(h)(2)(iii)- requirement to have two officers physically present during vehicle searches; 10 CFR 73.55(i)(2)- requirement to have intrusion detection equipment that annunciates and video assessment equipment that displays concurrently in at least two continuously staffed onsite alarm stations; 10 CFR(i)(4)(ii)(A)- requirement to maintain and locate the central alarm station inside a protected area; 10 CFR 73.55(i)(4)(ii); 10 CFR 73.55(k)(5)(i); 10 CFR 73.55(k)(5)(ii); 10 CFR 73.55(k)(5)(iii); and 10 CFR 73.55(k)(6)(i).

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION Document transmitted herewith contains SGI. When separated from enclosure 2, this document is decontrolled.

2 A notice of the exemptions will be published in the Federal Register.

Other requirements from which you requested exemptions were determined not to be applicable to your facility or were determined as being met by your current program, therefore, your requests for exemption from 10 CFR 73.55(b)(6), 73.55(b)(7), 73.55(b)(9)(ii)(A), 73.55(c)(2),

73.55(c)(4), 73.55(d)(3)(i), 73.55(e)(1)(i), 73.55(g)(2)(iii), 73.55(g)(7)(ii), 73.55(g)(8)(iii),

73.55(i)(1), 73.55(b)(8), 73.55(b)(9)(ii)(B), 73.55(b)(9)(ii)(C), 73.55(c)(1)(i), and 73.55(c)(6) were denied. The enclosed NRC staff Safety Evaluation Report articulates the basis for granting and denying your specific exemption requests.

This licensing action meets the categorical exclusion provision in 10 CFR Part 51.22(c)(25), as this action is an exemption from the requirements of the Commissions regulations and (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve safeguard plans. Therefore, this action does not require either an environmental assessment or an environmental impact statement.

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION Document transmitted herewith contains SGI. When separated from enclosure 2, this document is decontrolled.

3 In accordance with 10 CFR 2.390 of the U.S. Nuclear Regulatory Commission (NRC)s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket Nos.: 50-409 72-046 License No.: DPR-45

Enclosures:

1) Exemption
2) Safety Evaluation (Safeguards Information) cc (without Safety Evaluation):

LaCrosse BWR Service List

SAFEGUARDS INFORMATION SAFEGUARDS INFORMATION Document transmitted herewith contains SGI. When separated from enclosure 2, this document is decontrolled.

3 In accordance with 10 CFR 2.390 of the U.S. Nuclear Regulatory Commission (NRC)s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-409 70-046 License No.: DPR-45

Enclosures:

1) Exemption
2) Safety Evaluation (Safeguards Information) cc (without Safety Evaluation):

LaCrosse BWR Service List Distribution:

DWMEP r/f C Lipa, RIII D Garner, NSIR G Bonano, RIII ML120260719 OFFICE DWMEP/PM DWMEP/LA DWMEP/BC NAME JHickman CHolston BWatson DATE

/ / 2012 1 / 31 / 2012 1 / 31 / 2012 OFFICE OGC DWMEP DWMEP NAME EBowdenBerry KMcConnell JHickman DATE 5 / 31 / 2012 6/18/ 2012 6/20/ 2012 OFFICIAL RECORD COPY

La Crosse Boiling Water Reactor Service List cc:

Mr. William L. Berg President and Chief Executive Officer Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817 Mr. Thomas Zaremba Wheeler, Van Sickle and Anderson Suite 801 25 West Main Street Madison, WI 53703-3398 Mr. George Kruck Chairman, Town of Genoa S5277 Mound Ridge Road Genoa, WI 54632 Mr. Jeffery Kitsembel Electric Division Wisconsin Public Service Commission P.O. Box 7854 Madison, WI 53707-7854 Mr. Paul Schmidt, Manager Radiation Protection Section Bureau of Environmental and Occupational Health Division of Public Health Wisconsin Department of Health Services P.O. Box 2659 Madison, WI 53701-2659 Mr. Don G. Egge, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI 54632-8846 Mr. Jeff McRill, Technical Support Engineer La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI 54632-8846 Regional Administrator Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532-4352