ML15316A339

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Request for Amendment to the Indemnity Agreement to Reflect Addition of the Independent Spent Fuel Storage Installation
ML15316A339
Person / Time
Site: La Crosse  File:Dairyland Power Cooperative icon.png
Issue date: 12/09/2015
From: Vaaler M
Reactor Decommissioning Branch
To: Nick B
Dairyland Power Cooperative
Marlayna G. Vaaler, 301-415-3178
References
CAC L53060
Download: ML15316A339 (4)


Text

December 9, 2015 Ms. Barbara A. Nick 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 (LACBWR) - REQUEST FOR AMENDMENT TO THE INDEMNITY AGREEMENT TO REFLECT ADDITION OF THE INDEPENDENT SPENT FUEL STORAGE INSTALLATION (CAC NO. L53060)

Dear Ms. Nick:

By letter dated May 21, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15175A141), Dairyland Power Cooperative (DPC) submitted a request to the U.S. Nuclear Regulatory Commission (NRC) to implement an amendment to Indemnity Agreement B-62 for the La Crosse Boiling Water Reactor (LACBWR). The basis for this request was to ensure that the indemnity coverage at the facility extended to the recently constructed LACBWR Independent Spent Fuel Storage Installation (ISFSI).

In response to DPCs request, the NRC staff conducted a review to determine if an indemnity amendment should have been created during the initial construction of the LACBWR ISFSI, which entered operation in 2012. During the course of its review, the NRC staff noted that previous correspondence between DPC and the NRC had already concluded that the area where the LACBWR ISFSI was constructed was part of the NRC-licensed site under Facility Operating License DPR-45 (see letter dated May 8, 2008, at ADAMS Accession No. ML081120634). Even though the site configuration may have changed with construction of the ISFSI, the actual reactor site boundary did not change, and thus, the entire site licensed under DPR-45 in 1973 has continued to be indemnified.

Government indemnity provides liability coverage for a reactor site, regardless of the structures that are erected on the site. Thus, the property description contained in the indemnity agreement did not need to be changed as a result of the ISFSI construction. While the property and liability insurance coverages would have been updated to reflect the new ISFSI, the indemnity agreement would not have been revised.

Given the above discussion, the NRC staff has concluded that an amendment to LACBWRs indemnity agreement does not need to be drafted to account for construction of the ISFSI.

LACBWRs entire 163.5 acre site was, and continues to be, indemnified under the current agreement. This completes the NRC staffs efforts in response to LACBWRs request and will close the subject review.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component in ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have any questions regarding this action please contact me at 301-415-3178 or Marlayna.Vaaler@nrc.gov.

Sincerely,

/RA/

Marlayna Vaaler, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-409 and 72-046 License No.: DPR-45 cc:

La Crosse Boiling Water Reactor Service List

ML15316A339 OFFICE NMSS/RDB/PM NMSS/RDB/LA NRR/IFIB/BC OGC/GCLR/LCLSP NMSS/RDB/BC NAME M. Vaaler C. Holston A. Bowers G. Kim B. Watson DATE 11/13/2015 11/18/2015 12/4/15 12/01/15 12/9/15

La Crosse Boiling Water Reactor Service List 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 Ms. Cheryl Olson, ISFSI Supervisor La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI 54632-8846 Mr. Lane Peters 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, Suite 210 Lisle, IL 60532-4352