ML12171A462

Dairyland Power Cooperative, La Crosse Boiling Water Reactor (Lacbwr), Request for Exemption from Emergency Planning Requirements

ML12171A462
Person / Time
Site:	La Crosse  File:Dairyland Power Cooperative icon.png
Issue date:	06/18/2012
From:	Berg W Dairyland Power Cooperative
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LAC-14241
Download: ML12171A462 (18)

Text

WILLIAM L. BERG President and CEO DAIRYLAND POWER COOPERATIVE June 18, 2012 10 CFR 50.12 In reply, please refer to LAC-14241 DOCKET NO. 50-409 and 72-046 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

SUBJECT:

Dairyland Power Cooperative La Crosse Boiling Water Reactor (LACBWR)

Possession-Only License No. DPR-45 Request for Exemption from Emergency Planning Requirements

REFERENCES:

1) Letter, NRC to DPC dated July 8, 1988, Approval of Emergency Plan (Revision 10)

2) Letter, DPC to NRC (LAC-14170) dated June 20, 2011, LACBWR Emergency Plan Revision 31 Pursuant to 10 CFR 50.12, Dairyland Power Cooperative (DPC) requests NRC approval of exemption from specific emergency planning requirements of 10 CFR 50.47 and 10 CFR 50, Appendix E for the LACBWR plant and Independent Spent Fuel Storage Installation (ISFSI). The specific requirements requested for exemption from and the basis for the exemption request is discussed in Attachment 1.

Within the provisions of 10 CFR 50.12, DPC has concluded that an approved exemption would not present an undue risk to the public health and safety; and that special circumstances are present such that the underlying purpose of the rule has been met.

This exemption request meets the criterion for categorical exclusion for environmental review under 10 CFR 5 1(c). Attachment 2 provides documented support for this determination.

This letter identifies no new commitments and no revisions to existing commitments.

If you have any questions concerning this request, please contact Don Egge of my staff at 608-689-4207.

Sincerely, William L. Berg President and CEO WLB:JBM:jkl A ý-Y

Document Control Desk LAC-14241 Page 2 June 18, 2012

Attachment:

1) Request for Exemption from Emergency Planning Requirements

2) 10 CFR 51.22(c) Categorical Exclusion Determination cc w/

Attachment:

John Hickman Project Manager U.S. Nuclear Regulatory Commission Charles Casto Regional Administrator, Region III U.S. Nuclear Regulatory Commission Paul Schmidt Manager, Radiation Protection Section State of Wisconsin STATE OF WISCONSIN )

)

COUNTY OF LA CROSSE )

Personally came before me this day of 2012. the above named. William L. Berg, to me known to be the person who executed $Ve foregoing instru nt and acknowledged the same.

AUIA.EGNNotary Public, La Crosse County Wisconsin Notary PublicI State of Wisconsin Mv c:s Mv cornmi,*,ion exnire.*

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Document Control Desk LAC-14241 Page 1 June 18, 2012 ATTACHMENT 1 REQUEST FOR EXEMPTION FROM EMERGENCY PLANNING REQUIREMENTS Introduction On November 23, 2011, the NRC issued a final rule amending certain emergency planning requirements in the regulations that govern domestic licensing of production and utilization facilities (76 FR 72560).

The final rule was effective on December 23,2011, with licensees permitted to defer implementation of the final rule until June 20, 2012, with certain exceptions.

Dairyland Power Cooperative (DPC) is holder of Possession-Only License DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) plant. The license, pursuant to the Atomic Entergy Act of 1954 and 10 CFR Part 50, allows DPC to possess spent nuclear fuel at the permanently shutdown and defueled LACBWR facility. The Reactor Pressure Vessel was removed and disposed of in 2007. Preparations are nearing completion to transfer all spent fuel to an onsite Independent Spent Fuel Storage Installation (ISFSI) under the general license provisions of 10 CFR 72, Subpart K. It is planned that dry cask loading will be complete before the end of 2012. After all spent fuel is in dry cask storage, dismantlement and decommissioning of the LACBWR plant will continue.

The SAFSTOR Emergency Plan (E-Plan) for LACBWR (Revision 10) was approved by the NRC July 8, 1988. The Safety Evaluation Report (SER) documented for this approval established emergency planning requirements for LACBWR as documented in the approved Emergency Plan. Since the approval and SER for Revision 10 of the LACBWR E-Plan, DPC has not requested nor received substantive exemptions from emergency planning requirements. Revision 31 to the LACBWR E-Plan was submitted to the NRC June 20, 2011, and contained changes to establish ISFSI emergency planning requirements.

The current LACBWER E-Plan continues to meet the emergency planning requirements contained in 10 CFR 50 that are applicable to the permanently shutdown and defueled condition of the plant. DPC requests exemption from the implementation of the regulations listed below. DPC considers that the requested exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security in accordance with the requirements of 10 CFR 50.12. The granting of the proposed exemption is within the special circumstances, of 10 CFR 50.12 (a)(2)(ii), in that, application of the regulation, in the circumstances described below, is not necessary to achieve the underlying purpose of the rule.

Proposed Exemption DPC staff have reviewed relevant sections of 10 CFR 50.47(b), 10 CFR 50.54(q), and 10 CFR Part 50, Appendix E. and determined that exemption from certain requirements that are not applicable to LACBWR is required. The identified regulations and basis for exemption are listed below.

1) DPC requests exemption from certain language in 10 CFR 50.47(b) and in items (b)(1), (b)(3),

(b)(4), (b)(5), (b)(6), (b)(7), (b)(9). DPC requests exemption from all of 10 CFR 50.47(b)(10).

The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

(b) The onsite and, .x..pt as pr.vided in paragraph(d) of this s* -on, offsite emergency response plansfor nuclearpower reactorsmust meet the following standards:

Document Control Desk LAC-14241 Page 2 June 18, 2012 (1) Primary responsibilitiesfor emergency response by the nuclearfacility licensee and by State and local organizationswithin the Em.rg.n.y PlanningZones have been assigned, the emergency responsibilitiesof the various supporting organizationshave been specifically established,and each principalresponse organizationhas staff to respond and to augment its initial response on a continuous basis.

(2) On-shiftfacility licensee responsibilitiesfor emergency response are unambiguously defined, adequate staffing to provide initialfacility accident response in key functional areas is maintained at all times, timely augmentation of response capabilitiesis available and the interfaces among various onsite response activities and offsite support and response activities are specified.

(3) Arrangementsfor requesting and effectively using assistance resources have been made, afmngements to accommodate State and local staff at the licensee's9 Emergency Operations-Facility have been made, and other organizationscapable of augmenting the planned response have been identified.

(4) A standardemergency classificationand action level scheme, the bases of which include facility system and effluent parameters,is in use by the nuclearfacility licensee, and State

-andlocal responseplans eallfor relianceon information provided by facily Ue.ensesforF dcterminationsof minimuem initial offiite rcsponsemeasures.

(5) Procedureshave been establishedfor notification, by the licensee, of State and local response organizationsandfor notification of emergency personnel by all organizations; the content of initial andfollowup messages to response organizationsandthe puebie has been established; and means to pr.vide early .lear n,.fieat..n and ins fru.tion to the pop..

withint the pkume exposure pathway Emergencey PlanningZone have been established-.

(6) Provisionsexist for prompt communications among principalresponse organizationsto emergency personneland tote-pt.b.e.

(7) Infor.mation is made available to the publie on a pereidic basis on how they winl be notified and wshas their-inital actions should be in an emergency (e.g., lisening to a local broadcaststation and r -maining indoors), the principalpoints of contact with the news media for disseminationof informationduring an emergency (in.luding the physiral location or l.eat.ons. are established in advance, andproceduresfor coordinated dissemination of informationto the public are established.

(8) Adequate emergency facilities and equipment to support the emergency response are provided and maintained.

(9) Adequate methods, systems, and equipmentfor assessing and monitoring actual or potential f,*Wi consequences of a radiologicalemergency condition are in use.

(40OA rangeof pr-otective actions has been developed for the plume exposure pathway E9P-Z forF emer-gency workers and the public, In developing this range of actions-,consideraaton has bepnt given to ev* eation, , shelterint,and-,as a suplement to thesc, the p.r phylactic use oqf ptassium iodide 6KI), as appropriate.. Evacuationtim estimates have been developed by applicant-sand licensees. Lieensccs shall update the cvacuationtie estiate

Document Control Desk LAC-14241 Page 3 June 18. 2012 on a pcriodic basis. Guideinesfoqr the ehoiee of proteetive actons.during an emer-gefncy,-

eesistent with Federa!gzuidanee, arm developed and in plaee, and proteetivc actionsfor-Me ingestion expes-urc pathway EPZ appropriatcto the toe-ale have been developed.

Basis for exemption:

DPC has in effect an NRC-approved E-Plan. This exemption allows LACBWR to discontinue offsite emergency planning activities and reduce the scope of onsite emergency planning as a result of its permanently shutdown and defueled status. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

2) DPC requests exemption from all sections of 10 CFR 50, Appendix E, IV (Sections IV.1, IV.2, IV.3, IV.4, IV.5. IV.6, and IV.7).

Basis for exemption:

DPC is not an applicant for a construction permit and has in effect an NRC-approved E-Plan containing the essential elements required in Section IV. . There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required.

The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

3) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.A. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

A. Organization The organizationfor coping with radiologicalemergencies shall be described, including definition of authorities,responsibilities,and duties of individuals assigned to the licensee's emergency organizationand the means for notification of such individuals in the event of an emergency. Specifically, the following shall be included:

1. A description ?f the nonnal ipmt operating organization.

2. A descriptionof the onsite emergency response organization(ERO) with a detailed discussion of"

a. Authorities, responsibilities,and duties of the individual(s) who will take charge during an emergency;

b. Plant staff emergency assignments;

c. Authorities, responsibilities,and duties of an onsite emergency coordinatorwho shall be in charge of the exchange of information with offsvite authoritiesresponsiblefor coordinatingand implementing offsite emergency measures.

A.A dcscription, by position andfunction to be pcrfirmncdj,of the liccnscc 's hcadguartcrff personnelwsho wigl be scns to she plant site to augmecnt the ensitc ciencrcny or-ganization.

Document Control Desk LAC-14241 Page 4 June 18. 2012

4. identifieatin,by position andfunction to be perfor~med-, of per-sons within the lieensee organizatinwho wigl be responsiblefor making offsite dose projeetions, anda descriptio of ho iv these projections Wigl be made and the results fransmiftcd to State and local autho.i.es, NRd, and other appropriategover-nmental enidts..

÷.

Id.n fleatin,

.. by positon andfInetion to be performed-,of other employees of the lieensee with speeia guakfifeationsfor eoping with emergency eonditions.that ma; a~se.

Other-persons.with speeial quaklfiations, such as consultants-,who are not employees.o the licensee and who may be called upon fogr assistaecffor emergencies shag lsobe identified. The special qualificationsof these persons shall be described-.

6. A description of the local offsite services to be provided in support of the licensee's emergency organization.

7. By June 21, 2014,- identification of, and a desciptn of the assistanceexpectedfrom, appropriateState, local, and Federalagencies with responsibilitiesfor coping with emergencies, includinghestile acetion at the site. ForpuFsesof this appendix-, "hostile action" is defined as an act directed toward a nuclear-power-plantor its personnel that W ine~aes e us ojvioe nt oree tOaestryequipment-,tacenostages-,ans'orinumiate the licensee to achieve ane end-. This includes aftaek by air, land-, or water-using guns-,

explosives-, projectiles, vehieles-, or-other-devices used to deliver-destructiveforce-.

S. identificationofthe State and/r-local officials responsiblefor-planningfor-, ordering-and con froling appropriateprotective actions-, including evacuations when necessary.

9. By December-24, 2011,for-nuclear-power raeatorlicensees, a detailedanalysis demonstratngthat on shift personnelassigned emergnypa implementatonfunctions

/

azre not assige rRaffonirlues a veula prevent thie timey performance of ttie a~i~ncajunctions as epecinca in me emer~'-enev man.

Basis for Exemption:

DPC has in effect an NRC-approved E-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required. A range of protective actions to protect onsite personnel during hostile action to ensure continued ability of the licensee to safely shutdown the reactor is not applicable to LACBWR. The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable. No headquarters personnel, personnel involved in off-site dose projections, or personnel with special qualifications are required to augment the LACBWR Emergency Response Organization. The E-Plan accounts for the small staff and minimum backshift coverage. LACBWR and ISFSI personnel are required to be trained in emergency planning. Based on the above, a detailed analysis to demonstrate that on-shift personnel assigned emergency plan implementation functions are not assigned responsibilities that would prevent timely performance of their assigned functions as specified in the E-Plan, is not necessary for LACBWR. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

Document Control Desk LAC-14241 Page 5 June 18, 2012

4) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.B.1. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

B. Assessment Actions

1. The means to be usedfor determining the magnitude of andfor continually assessing the impact of the release of radioactivematerials shall be described, including emergency action levels that are to be used as criteriafor determining the needfor notificationand participationof local and State agencies, the Commission, and other Federalagencies, and the emergency action levels that are to be usedfor determining when and what type of protective measures should be consideredwithin and outslde the site boundary to protect health and safety. The emergency action levels shall be based on in-plant conditions and instrumentation in addition to onsite awd offs& monitoring. By Jun" 20-, 2012, for nue!e.*1r Fpw'r rat.r !-eNN.. , MONO.aOn leVels must intekide hestie aetion that may adversely affeet the nuelcar power p mnt. TMe inita emergeney aetin love&s shag!be di-scussed and agreed on by the i"Ueiant or licens-ee and state and lo.al gov.r.nmental authodtis,and approved by the NRG. Thcreaftcr, emergency action levels shall be reviewed with the State and local governmentalauthoritieson an. annualbasis.

Basis for exemption:

DPC has in effect an NRC-approved E-Plan. This exemption allows LACBWR to discontinue offsite emergency planning activities and reduce the scope of onsite emergency planning as a result of its permanently shutdown and defueled status. A range of protective actions to protect onsite personnel during hostile action to ensure continued ability of the licensee to safely shutdown the reactor is not applicable to LACBWR. The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

5) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.C. 1 and all of Section IV.C.2. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

C. Activation of Emergency Organization

1. The entire spectrum of emergency conditions that involve the alertingor activating of progressively largersegments of the total emergency organizationshall be described. The communication steps to be taken to alert or activate emergency personnel under each class of emergency shall be described. Emergency action levels (based not only on onsite and-. ffsif radiationmonitoring information but also on readingsfrom, a number of sensors that indicate a potential emergency; suc. as thc prcssrcin containment and the. .sp.ns.of the En.r.gcn.y Core .o....g .ystem)for notification of offsite agencies shall be described. The existence, but not the details, of a message authenticationscheme shall be notedfor such agencies. The emergency classes defined shall include: (1) Notification of unusual events, (2) alert,(3*e.*-e*..ea

...... y, a.d (4) g..er.a! me.fg.n..y. These classes arefurther discussed in NUREG-0654/FEMA-REP-1.

Document Control Desk LAC-14241 Page 6 June 18, 2012 r* M- L " L I.*- L 11 J* JI- #1.

capability to assess-,elassiy5, and declar-e an emer-gcncy eondition within 15 minutes after the availabilityofindicationsto plant operators that an emergcney action level has been exeeedcd and shall proemptly deelare the cmer-geney condition as soon as possible folilowing idcntificaftie" of the appropriateemer-geney classificationleyc!. Lieensees shall not construc these eriteriaas du.

to a cmr-geney actin level that has been ex-eeded-. Lieensccs shagl not construc these criterW as prcventing implementation of responsc actins deemed by the lieensee to be nccessar-y to potcct public health and safety providcd that any delay in dcclaratindoes not J" V 0 VV tVH eff am 0 9 0 OiMerrun -02fit fnedsufts

ý 19 M.- 0. -621.0f- NO thea Rniohlie healh ad mafety-.

Basis for exemption:

DPC has in effect an NRC-approved E-Plan. This exemption allows LACBWR to discontinue offsite emergency planning activities and reduce the scope of onsite emergency planning. This exemption also reflects LACBWR's permanently shutdown and defueled status. The E-Plan has two emergency action levels established for the LACBWR plant: notification of unusual event and alert. Emergency planning for the ISFSI has established one emergency action level as notification of unusual event in accordance with published NRC guidance. Also included for both the plant and ISFSI is the previously approved requirement that emergency declaration notification shall be performed within one hour.

6) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.D.1.

IV.D.2, and Section IV.D.3. DPC requests exemption from all of Section IV.D.4. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

D. Notification Procedures

1. Administrativeand physical meansfor notifying local, State, and Federalofficials and agencies and agreements reached with these officials and agencies for the prmpt n.e.ficeatio "m the public andfiorpublic cyacuation or-otherprotcctiyc mcasurcs, should they bccomc neeessa.y', shall be described. This descriptionshall include identification of the appropriate officials, by title and agency, of the State and local government agencies withinl the EPZN.

2. Pro.visions shall be desc*ibcd for y.ar.y diss-mina- n to the public within the plume "ems rcguircdfori public neiffmatin and the protctivc actionsplanned if an aceidcnt occurs, gcncral inffor dmato as to the noatur and ci~ects ofradiatin,and a listng of local broeadcas stations that will be uscdfor-dissemtinatin of infopmation du *n an mcgcney. Signs or-othcr measures shall also be used to disseminateto any traftsicntpopulation within the pluimc exposurepathway EPZ apprpepiatc informatin that would be hclpful ifE an accidcnt occurs.

3. A licensee shall have the capabilit),to notify responsible State and local governmental agencies within 15 minutes after declaring an emergency. The l.c.nsc. shall dcmonss.mt. that the afyr-"p*r" govcr"nmcntal authoit"s have the capabily to make a public al" ing and notification dccision promptl on being informed by the liccnscc of an cmer-geney conditin.

rr r to inimal

.. opcr-aun greater-Manzi.pccnt o Fated tch:erma power o inc fjrst rcacto at 6 site, caeh n.Ic.ar.p...rrca.tor liccnsc shall demonsfa. . that administrativc andphysical

Document Control Desk LAC-14241 Page 7 June 18, 2012

• * * * *" *

• P * ."

means nave ocen esraousneator a:ernnrana nrovzaznr vromm instructionsto inc numic A ml 7 It within the plume exposure pathway EPZ. The design objective of the prompt public alert and notifiCation system shal be to have the capabiliTy to essentally complete the initil aletng and initiate oetificasion of the public woihint the plume exposure pathway EaZ within about 15 minutes. The use of this aletng and notifctineas capability wil rangenfm immediate aleting and notiiationof the publhe (wthin 15 minutes of the time that State and leoal offeials are notified that a situation existserequiringurgent ation)to the morbe lkel events where ther substani ime availabledforthe appFopriategovernmental authotifiesto make a judgment whetherA r not to aetivate the publi alert and notification system. The aeringand notification capabily shal additionally inlude adminisfrative and physieal means.for a backup method-o; public aleing and notification capable of beng used in the event the primary method of aleringand notifiation is unavailabledurin an emergency to alert or notify al or portions the plime expesue pathway -apZ population. The baekup method shagl have the capabily to alretand notifo the publicwithin the Plume exposure pathway EPdZ,rbut does not need to meet the 1;5 minute design objective for-the primarypqrompt public alert and notification system When there is a decision to activate the aler and notificationsystemr, the appropnate gover-nmental authoriteswill determine whether-to activate the entire alert and notificatio system simultaneously or-in a graduatedor staged manner.i The r-esponsib~oiiyfr-activating such a public alert and notification systcm shall remain wit&h the appr-opriategovernmental authorfmoe&

4. If FEAM has approved a nuclearpower-r-eactor-site s aler and notifiationdesign reort-,

including the backup alert and notifiationcapabilty, as of December-23, 2011, then the-backup aler and notfifeation capability r-equirement-sin Seetion I14,0.3 must be implemene by December 24, 2012. If the alert and notificationdesign r-eport does not include a backup alert and notificationcapabiliyor!needs revision to ensure adequate backup alert and notificationcapabiliy-,the a revsio of the alert and noiefication design reortmunst be submilled to FEMA for-review by June 24, 2013, and the FELIL approved backup alert and notification means.must be implemented within 365 days after-FEMA approval.H-owevert,the total time period to implement a FMA approved backup alert and notification means must not exceeed June.22, 2015-.

Basis for Exemption DPC has in effect an NRC-approved E-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required. The E-Plan has the requirement that emergency declaration notification shall be performed within one hour.

LACBWR is not required to have a FEMA-approved alert and notification design report, or FEMA-approved backup alert and notification capability. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

7) DPC requests exemption 10 CFR 50, Appendix E, Section IV.E.8 in its entirety.

Basis for Exemption DPC has in effect an NRC-approved F-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the

Document Control Desk LAC-14241 Page 8 June 18., 2012 EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required. A range of protective actions to protect onsite personnel during hostile action to ensure continued ability of the licensee to safely shutdown the reactor is not applicable to LACBWR. The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable. Effective direction and control during a plant emergency is provided from the LACBWR control room. The ISFSI Administration Building is designated as the Emergency Response Facility for ISFSI emergency conditions. The E-Plan does not require the use of an Emergency Operations Facility or a Technical Support Center meeting the standards of 10 CFR 50, Appendix E, Section IV.E.8. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

8) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.E.9. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

9. At least one onsite and one off-ite

. .mmuniations

. ystem; eac. system shall have a backup power source. All communicationplans shall have arrangementsfor emergencies, including Wes-and afternates f*r these in charge at both end.s of the,.mmunication finks a the priman'and backup means of communication. Where consistent with the function of the governmental agency, these arrangementswill include.

a. Provisionfor communications with een*gme, State/local governments within the P!:m exposure pathway EPZ. Such communications shall be tested monthly.

b. Provision for communications with Federalemergency response organizations.Such communications systems shall be tested annually.

c. Provisionfor communications among the nuclar peower reactorcentroel room, the ofnsite te.hni.al sp center,

... and the ,..geney operationsfaciit and among the n.u.ear faeiW, the principalState and local emergency operationscenters, and the fied asses-mefn.t teams. Such communications systems shall be tested annually.

d. Provisionsfor communications by the licensee with NRC Headquartersand the appropriateNRC Regional Office Operations Centerfrom the nuekarpower reactor c.ontro Foom, the onsite technicalsupport center-,and the emegency oper-atinsfacility. Such communicationsshall be tested monthly.

Basis for Exemption DPC has in effect an NRC-approved E-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required. Effective direction and control during a plant emergency is provided from the LACBWR control room.

The ISFSI Administration Building is designated as the Emergency Response Facility for ISFSI emergency conditions. The E-Plan does not require the use of an Emergency Operations Facility or a Technical Support Center meeting the standards of 10 CFR 50, Appendix E, Section IV.E.8.

This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

Document Control Desk LAC-14241 Page 9 June 18, 2012

9) DPC requests exemption from certain language in 10 CFR 50, Appendix E, Section IV.G. The language requested for exemption from is identified in the regulation that follows by bold strikethrough.

F. Training

1. The program to providefor: (a) The trainingof employees and exercising, by periodic drills, of emergency plans to ensure that employees of the licensee arefamiliarwith their specific emergency response duties, and (b) The participationin the trainingand drills by other persons whose assistancemay be needed in the event of a radiologicalemergency shall be described. This shall include a description of specialized initial trainingandperiodic retrainingprograms to be provided to each of the following categories of emergency personnel:

i. Directorsand/or coordinatorsof the plant emergency organization; ii. Personnelresponsiblefor accident assessment, including control room shift personnel; iii Radiologicalmonitoring teams; iv. Fire control teams (fire brigades);

v. Repair and damage control teams; vi. Firstaid and rescue teams; vii. Medical supportpersonnel; viii Lieense 's headquaiterssupof4 personneI;-

ix. Security personnel.

In addition, a radiologicalorientation trainingprogram shall be made available to local services personnel; e.g., local emergency services/Civil Defense, local law enforcement personnel, Ieea news, media persons.

2. The plan shall describe provisionsfor the conduct of emergency preparednessexercises as follows: Exercises shall test the adequacy of timing and content of implementing procedures and methods, test emergency equipment and communications networks, tekst the publie ale*r atd not*fteatn system-, and ensure that emergency organizationpersonnel are familiar with their duties.

a. .4 fullpo~eipasionex-ercise whiek tests as muceh of the licensee, Stae, and local emer-geney plans as ks reasenaDby aentevaDb z.wu aaroyple paepaonsh-aff be eondueted for-eae sit atiwhie a powoer reaetor-isloeated-.Nucear powýer reactor licensees shall submit exrise Wends under-§ 50-.4 at least 60 days befref use in a fal pariceipatinexrie rquired by this paragraph .7.a.

(i For an operatinglicense issued under-this part, this ex-ercie must be eonducted within twoe years befogre the issuance of the first oper-atinglicense forfullpower (one authopizingoperationabove 5 perccntof ratedpower) of the fir-st reactorand shal includepartieipasioneby each State and loeal go vernment within the plume exrposure pa~feipafien exereie is eondueted more than 1 year-p~ieFto issuanceof an operaTin lieensee foerful poweri, an3exrcs whieh tests the lieenseeq 's nsite emergeney plans imust. be conducted Within one year-before issuance of an operatinglicenseforfull powper-. This exercise need not have Stae or seeal government pardeipation.

Document Control Desk LAC-14241 Page 10 June 18, 2012 (U)j For-a eombined license issued under-part 52 of this chapter-,this ex-ercise must be conducted within two year-s of the scheduled datc for initial loading offuel. If the first fullpartieipadonexerceise is conducted more than one year-before the seheduled date fo*rEinialloading ofifuel, an exerise which tesu s the licenseeos onsite emergency pla amust beeondueted within one year-before the saheduled daten fe initialleading offu Thbi exercise need not have State oriernment lodal go paonidipation.If FEAmi identooeS one 9r morm deficienaiesin the state of offsiteemergency prepaedness as the cesUt OfthefrStfUnc ipal.ntionaa se erg the Commission fincd that the state O emergeenty prfoparedness does,notprevidn respnaseonableassuraneethat adeq pcossi tiov measurescan and wl be taken in the event of a radiologiealemer.geny, the provisions ofg 50.54e(gg) apply.

(W)iFoir a combined lienmse issued under-part52 of this chapter-,ýf the uappicat deisindy has an operatingreactor at the site, aIn exeisemeitheirf ulr ipan&e paeipation,shall be hcenduceedfor each subsequent feacitoer nsti-eted onte Site.r This exerise may be ineerypoatedin the exercIse rhequreents of Seto ns accFi2.be.

ande. in this appendgix. If FEM idenstr es oneordm oe defictiencies in the statef offsite emer-gency prepar-ednessas the result of-'thi exris for the niew rfeator,'or the Commission finds that the state of emergency ptrepardnessdoes not provide reasonableassurancethat adequateprotective measurescan and will be taken in the event of a radiologicalemer-gency, the provisions of § 50.54(gg) apply.

b. Each licensee at each site shall conduct a subsequent exercise of its on site emergency plan ever, 2 'years. Nuclear power-r-eactorlicensees shall submit exercise-scnaios der

1. 50-.4 at least 60 days befoem use in an exerceise requiredby this par-agraph2.b. The exercise may be includedrinthedfullcparthipaionbitennial exercsise r-equiredbyparagrph 2.e. of this section. In addition, the licensee shall take actions necessary to ensure that adequate emergency response capabilitiesare maintainedduring the interval between.

biennial exercises by conducting drills, including at least one drill involving a combination of some of the princi.palfunctional areas of the licensee's onsite emergency response capabilities. The principalfunctional areas of emergency response include activities such as mnanagemnen~t and coordination,of emergency response, accident assessment, event classification, notifi-cation of offsite authorities,assessment of the onsite and-offtite impact of radiologicalreleases, protective action recommendation development, protective action decision making, plant system repai.r and mi.ti.gati.ve action implementation. During these drills, activation of all of the licensee's emergency responsefacilities (T-echnical Suppor Center-(MG), OperationsSupport Center-(OSC-+, and the Emergency OperationsFaedily (EF) would not be necessary, licensees would have the opportunity to consider accident management strategies, supervised instruction,would be permitted, operating stcqff in all participatingfacilities would have the opportunity to resolve problems (success paths) rather than have controllers intervene, and the drills may focus on the on-site exercise tr-aining objectives.

e. Offsite plans for-each site shall be exercied bienniallywith fullparticipationby each offsite authod~y havping a role under the madilogiealresponseplan. Wher-e the offsite authodty has a role under a radiologicalresponse plan for-more than one site, it shallfully participateinon exrie every Avo years and shakl, at least, partallyparticipatein other-offsite planexriesi'his pepod. Iftwo dyfir-ent licensees each have liesedfA- il -W-PS

Document Control Desk LAC-14241 Page 11 June 18, 2012 7 A

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f~ateif eafter 6" tie same site Or on adjaeent-,

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sites, I lrl ana sharm most otthe

~menrs aenmnj~' co esrea : ensces. men esen :zeensee 5na~

(1l) Gonduct an fexerise biennially of its onsite emergency plan.-

(2) P-articipatequadrenniallyin an 6ffiite biennialfull or partalpartiipation (3 Conduct emergency preparednessactivities and ineractionsin the years be~veen its participationin the qffsite fugl or-partalparticpatinexerci-se wit offsite out-hote s, to test and maintaininteface among the affected State and local authoritiesand the lieensee. Co located licensees shall also participateini emergeney preparednessactivitiesand interactinwith offsite authrte o the period behtwcen ex-erises;j (4) conduct a hostile actin exercise of its onsite emergency plan in each exrepige cyce-; and (5) Paricipatein an off-site biennialfull or-partialpartiipationhostile acto exrcs in alernmatingex-ercise cycles.

d-. Each State with respensibiltyfor nucearpoiwe reactor emergency preparedness shoul filly participatein the ingestinpathway pofon of exercises at lest once eveFYexere eyele. In States with more than one nuclear-power-rweatorplume exposur-e pathway E-Zr, the State should rotatethis partiipationfrom site to site. Each State with rcsponsibilityfor nuclearpower raeatoremergency preparednessshould)fuly participatein a hot6 action exercie at least once ever; cycle and shouldfully pafticipatein one hostile action exercise by Deeember 31, 2015; Staes with more than one nuclearpo WOr r~eatorUM pOm xposure MtI;NLY& E=3 .. stot ramame mnwy oamweloarn from Sime to sre-.

e. Licensees shall enable any State or local government lecated within the plume exposure pathw.ay .. Z to participatein the licensee's drills when requested by such State or local government.

f Remedial exercises will be required if the emergency plan is not satisfactorily tested during the biennial exercise, such that NRC, in censutationwith FE4M-,cannot (])find reasonable assurancethat adequate protective measures can and will be taken in the event of a radiologicalemergency or (2) determine that the Emergency Response Organization(ERO) has maintainedkey skills specific to emergency response. The extent of State andlocal pariekipationin remedial ex-ercises must be sufficient to show that appropriaeeeo~eetive measures have been taken regardingthe elements of the plan not properytested in the previous exereises.

g. All exercises, drills, and trainingthat provide performanceopportunitiesto develop, maintain,or demonstrate key skills must provide forformal critiques in order to identif weak or deficient areasthat need correction.Any weaknesses or deficiencies that are identified in a critique of exercises, drills, or trainingmust be corrected.

h. The participationof State and local governments in an emergency exercise is not required to the extent that the applicant has identified those governments as refusing to participate further in emergency planning activities,pursuant to § 50.47(c)(1). In such cases, an exercise shall be held with the applicantor licensee and such governmental entities as elect to participatein the emergency planningprocess.

Document Control Desk LAC-14241 Page 12 June 18, 2012

i. Licensees shall use drill and exercise scenariosthat provide reasonable assurancethat anticipatoryresponses will not resultfiom preconditioningof participants.Such scenarios for nuclearpower reactorlicensees must include a wide spectrum of radiologicalreleases and events, including hostile action. Exercise and drill scenariosas appropriatemust emphasize coordinationamong onsite and offsite response organizations.

1. The ex.eri.ses conducted undertparagraph fthi seton by nu"learpfwer retor licensees must provide the opporunity fOr the EMO to demonstrte proficiency in the key skil.s ne.essay to implemen the pinceipalfentionalareas of emergeney respense idenftifed in paragraph2.3 of this section. Each ex-erieo must provie the opportunityfogr the ERO to demonstrate key skils spe.ifi. to emer.gen.y response duties in the eontrol room, TSC,ý OSC-, EOFI, andjoint informatin center-.Additionally, in each eight calendar year-exercise cyceW, nuclearpower reactor-liensees shafl varY the content of scenarios duping exerceises conducted u nder-paragraph2 of this seetion to provide the opportunityfor the ERO to demonstrateproficieney in the key ski&l niecessar-y to respond to the following

.eenar.o elements: hostile actin directed at the plant site, no r.adilo*gical release or ant unplanned minimal radiolegicalrelease that does not requirepublic protective actios, an inita elassgfication of or rapid escalationto a Site Area Emer-gency or General Emergency, implementation of trategies,proceedures, and guvidance developed under

§950.4(hh (2), and integ~atin of offsite resources with onsite response. The lLe nse sal

~'wznrazn a recora oi exer~ esees-c-*onacead aung ea.ft iey t year exopetsi ~eye e-mat doeuments tedcontent'2j .enro us-ed to comqply with the requ paragr-aph.Eaceh.Uieem -- 8 a eon e. 19 199 ---- 0 keft-ofi exe Fetff for each of its sites no later than December 31, 2015. Thefwrst eight-yeexrcise y foer,a site will begin inth calendar-year in which the first hostile action ex-ercise is conducted. For a site licensed Uder-PaI 52, the first eight year exercise cycle begins in the calendar-year-of the in.al exercise requiredby Seetion IV.F.2.a.

Basis for Exemption DPC has in effect an NRC-approved E-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. Because there is no design basis or other credible events that would result in doses beyond the owner controlled area boundary exceeding EPA PAGs, a full participation exercise is no longer be required. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required.

The E-Plan accounts for the small staff and minimum backshift coverage. A range of protective actions to protect onsite personnel during hostile action to ensure continued ability of the licensee to safely shutdown the reactor is not applicable to LACBWR. The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable.

No headquarters personnel, personnel involved in off-site dose projections, or personnel with special qualifications are required to augment the LACBWR Emergency Response Organization.

This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

Document Control Desk LAC-14241 Page 13 June 18, 2012

10) DPC requests exemption from 10 CFR 50, Appendix E, Section IV.I in its entirety.

Basis for Exemption DPC has in effect an NRC-approved E-Plan. There are no longer credible events that would result in doses to the public beyond the owner controlled area boundary that would exceed the EPA PAGs. LACBWR was shutdown 25 years ago. Emergency Planning Zones beyond the owner controlled area and the associated protective actions are no longer required. The E-Plan accounts for the small staff and minimum backshift coverage. A range of protective actions to protect onsite personnel during hostile action to ensure continued ability of the licensee to safely shutdown the reactor is not applicable to LACBWR. The LACBWR Physical Security Plan maintains compliance with Security Orders and 10 CFR 73.55 requirements as applicable. This exemption would remain applicable once all spent fuel is in dry cask storage at the ISFSI.

Document Control Desk LAC-14241 Page 1 June 18, 2012 ATTACHMENT 2 10 CFR 51.22(c) CATEGORICAL EXCLUSION DETERMINATION Introduction Licensing actions are eligible for categorical exclusion from environmental review and are established in 10 CFR 51.22(c). This request for exemptions by Dairyland Power Cooperative (DPC) from specific emergency planning requirements of 10 CFR 50.47 and 10 CFR 50, Appendix E for the La Crosse Boiling Water Reactor (LACBWR) is subject to the criterion of 10 CFR 51.22(c)(25):

10 CFR 51.22(c) The following categories of actions are categoricalexclusions:

(25) Grantingof an exemption from the requirementsof any regulationof this chapter, provided that-(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 offtite; (iii) There is no significant increase in individual or cumulative public or occupationalradiation exposure; (iv) There is no significant construction impact; (v) There is no significant increase in the potentialfor or consequencesfrom radiological accidents; and (vi) The requirementsfrom which an exemption is sought involve:

(A) Recordkeeping requirements; (B) Reporting requirements; (C) Inspection or surveillance requirements; (D) Equipment servicing or maintenancescheduling requirements; (E) Education,training, experience, qualification,requalificationor other employment suitability requirements; (F) Safeguardplans, and materials control and accounting inventory scheduling requirements; (G) Scheduling requirements; (H) Surety, insurance or indemniA7 requirements;or (I) Other requirements of an administrative,managerial,or organizationalnature.

Categorical Exclusion Determination

1) DPC has evaluated whether or not a significant hazards consideration is involved with the exemption request for LACBWR based on the three standards set forth in 10 CFR 50.92, as discussed below:

a) The exemptions requested do not involve a significant increase in the probability or consequences of an accident previously evaluated because the exemptions if granted are not initiators of accidents and the consequences already evaluated bound the accidents that could occur. The exemptions do not introduce any new source terms or affect the existing source term. In fact, the source term for the facility has continually decreased since power operations ceased in 1987 and is significantly less than the value used in the analyses described in the LACBWR Decommissioning Plan.

Document Control Desk LAC-14241 Page 2 June 18, 2012 Therefore, the exemptions requested do not involve a significant increase in the probability or consequences of an accident previously evaluated.

b) The exemptions requested do not create the possibility of a new or different kind of accident from any accident previously evaluated because the exemptions if granted are not initiators of accidents. The existing accidents remain applicable and bounding for the LACBWR facility with the exemptions in place and do not affect the plant in such a manner that a new accident has been created.

Therefore, the exemptions requested do not create the possibility of a new or different kind of accident from any previously evaluated.

c) The exemptions requested do not involve a significant reduction in a margin of safety because they do not alter the design function of structures, systems, and components used to ensure safe fuel storage. The likelihood and consequences of previously evaluated accidents remain applicable and bounding with the exemptions in place; thus, safety margins remain the same.

Therefore, the exemptions requested do not involve a significant reduction in a margin of safety.

Based on the above, DPC concludes that the requested exemptions from specific emergency planning requirements of 10 CFR 50.47 and 10 CFR 50, Appendix E for LACBWR present no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of "no significant hazards consideration" is justified.

2) DPC has concluded that there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite as a result of the granting of the requested exemptions. LACBWR poses a significantly reduced risk to public health and safety from design basis accidents or credible beyond design basis accidents since these cannot result in radioactive releases which exceed EPA PAGs at the owner controlled area boundary. Because of this reduced risk, compliance with all the requirements in 10 CFR 50.47 and 10 CFR 50 Appendix E is not appropriate. The requested exemptions from portions of 10 CFR 50.47 and 10 CFR 50 Appendix E do not result in changes being made in the types or quantities of effluents that may be released offsite.

3) DPC has concluded that there is no significant increase in individual or cumulative public or occupational radiation exposure as a result of the granting of the exemptions requested.

LACBWR poses a significantly reduced risk to public health and safety from design basis accidents or credible beyond design basis accidents since these cannot result in radioactive releases which exceed EPA PAGs at the owner controlled area boundary. Because of this reduced risk, compliance with all the requirements in 10 CFR 50.47 and 10 CFR 50 Appendix E is not appropriate. The requested exemptions from portions of 10 CFR 50.47 and 10 CFR 50 Appendix E do not result in any significant increase in occupational or public radiation exposure.

4) The requested exemptions create no significant construction impact as there is no construction in progress or planned.

Document Control Desk LAC-14241 Page 3 June 18, 2012

5) DPC has concluded that there is no significant increase in the potential for or consequences from radiological accidents for the requested exemptions because the exemptions if granted are not initiators of accidents and the consequences already evaluated bound the accidents that could occur. The exemptions do not introduce any new source terms or affect the existing source term.

In fact, the source term for the facility has continually decreased since power operations ceased in 1987 and is significantly less than the value used in the analyses described in the LACBWR Decommissioning Plan.

6) The requested exemptions from portions of 10 CFR 50.47 and 10 CFR 50 Appendix E involve requirements of an administrative nature. DPC has in effect an NRC-approved E-Plan that reflects the significantly reduced risk to public health and safety from accidents at LACBWR.

Because of this reduced risk, compliance with all the requirements in 10 CFR 50.47 and 10 CFR 50 Appendix E is not appropriate. The requested exemptions if granted administratively rectify the LACBWR E-Plan with current regulatory requirements.

As discussed in the foregoing, DPC concludes that the requested exemptions from portions of 10 CFR 50.47 and 10 CFR 50 Appendix E are eligible for categorical exclusion from environmental review as established in 10 CFR 51.22(c).