ML18341A138

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Lacrossesolutions, LLC - Supplemental Information Regarding Application for Order Approving License Transfer and Conforming Administrative License Amendments
ML18341A138
Person / Time
Site: La Crosse  File:Dairyland Power Cooperative icon.png
Issue date: 12/03/2018
From: Gerard van Noordennen
LaCrosseSolutions
To:
Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
LC-2018-0098
Download: ML18341A138 (13)


Text

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LACROSSESOLDTIONS 10 CFR50.80 10 CFR50.90 10 CFR 50.51(b)

December 3, 2018 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 La Crosse Boiling Water Reactor Facility Operating License No. DPR-45 NRC Docket Nos. 50-409 and 72-046 LC-2018-0098

Subject:

Supplemental Information Regarding Application for Order Approving License Transfer and Conforming Administrative License Amendments

References:

1) Letter to U.S. Nuclear Regulatory Commission, "Application for Order Approving License Transfer and Conforming Administrative License Amendments," dated June 27, 2018 A request that the U.S. Nuclear Regulatory Commission (NRC) consent to the transfer of the LaCrosseSolutions, LLC (LS) Possession Only Operating License No. DPR-45 for the La Crosse Boiling Water Reactor facility (LACBWR), to Dairyland Power Cooperative (DPC) was submitted for review on June 27, 2018 as documented in Reference 1. Following the submittal, DPC requested that LS amend the
  • license change request to clarify that the license termination date is subject to the provisions of 10 CFR 50.51(b), "Continuation of license." This supplement revises license condition 2.E to add the 10 CFR 50.51(b) license termination clarification.

All changes are administrative in nature and have no impact on the proposed license transfer analysis documented in Reference 1. These changes are being provided as a supplemental revision to the Possession Only License changes identified in Reference 1. Note that the license changes identified in Attachments 1 and 2 include both the previous changes requested in Reference 1 as well as the as the new change to License Condition 2.E.

There are no regulatory commitments made in this submittal. If you should have any questions regarding this submittal, please contact me at (860) 462-9707.

Respectfully, c~~~

Gerard van Noordennen Vice President Regulatory Affairs*

Attachments: - Possession.Only License (Changes) - Possession Only License (Clean Pages) cc:

Marlayna Vaaler, U.S. NRC Project Manager Service List

/

S4601 State Highway 35, Genoa, WI 54632

La Crosse Boiling Water Reactor Service List cc:

Ken Robuck President and CEO Energy Solutions 299 South Main Street, Suite 1700 Salt Lake City, UT 84111 John Sauger Executive VP and Chief Nuclear Officer Reactor D&D Energy Solutions 121 W. Trade Street, Suite 2700 Charlotte, NC 28202 Joseph Nowak General Manager LaCrosseSolutions S4601 State Highway 35 Genoa, WI 54632-8846 Gerard van Noordennen VP Regulatory Affairs Energy Solutions 121 W. Trade Street, Suite 2700 Charlotte, NC 28202 Russ Workman General Counsel Energy Solutions 299 South Main Street, Suite 1700 Salt Lake City, UT 84111 Jerome Pedretti, Clerk Town of Genoa E860 Mundsack Road Genoa, WI 54632 Jeffery Kitsembel Division of Energy Regulation Wisconsin Public Service Commission P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator U.S. NRC, Region III 2443 Warrenville Road Lisle, IL 60532-4352 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 Barbara Nick President and CEO Dairyland Power Cooperative 3200 East Avenue South La Crosse, WI 54602-0817 Cheryl Olson, ISFSI Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 3 5 P.O. Box 817 Genoa, WI 54632-8846 Lane Peters La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI54632-8846 Thomas Zaremba Wheeler, Van Sickle and Anderson, S.C.

44 East Mifflin Street, Suite 1000 Madison, WI 53703 John E. Matthews Morgan, Lewis & Bockius LJ:_,P 1111 Pennsylvania A venue, NW Washington, DC 20004

ATTACHMENT 1 APPLICATION FOR ORDER APPROVING LICENSE TRANSFER AND CONFORMING LICENSE AMENDMENT POSSESSION ONLY LICENSE (CHANGES).

LA CROSSE BOILING WATER REACTOR NRC POSSESSION ONLY LICENSE NO. DPR-45 DOCKET NOS. 50-409 AND 72-046

Facility Operating License Changes A. La Crosse Boiling Water Reactor License Section Action Description Heading Delete La Crosse Solutions, LLC and revise Amendment#.

Section I.A Change "Dairyland Power Cooperative (the owner)" to "Dairyland Power Cooperative ("the licensee)"

Delete at the end "and the NRC subsequently approved the transfer of licensed responsibility for the La Crosse Boiling Water Reactor (herein "the facility" or "LACBWR") to La Crosse Solutions, LLC ("Solutions")"

Section 1.A footnote Delete footnote 1: "Solutions is authorized to act for Dairyland Power Cooperative and has exclusive responsibility and control over the physical possession, maintenance, and decommissioning of the facility."

Section 1.E Change "Solutions" to The licensee" Section l.F Change "owner" to "the licensee" Section 2, heading Delete "Solutions and" before "Dairyland Power Cooperative" Section 2, A Delete, after "(herein 'the facility' or 'LACBWR')", "which is possessed, maintained, and decommissioned by Solutions and" Section 2.B Add "the Dairyland Power Cooperative" Section 2.B.(1)

Delete Section 2.B.(1)

Section 2.B.(2)

Renumber subsection 2.B.(2) as subsection 2.B.(1) and change "Dairyland Power Cooperative, pursuant to" to "Pursuant to" and change "possess" to "possess and maintain" Section 2.B.(3)

Renumber subsection 2.B.(3) as subsection 2.B.(2) and change "Solutions, pursuant to" to "Pursuant to" Section 2.B.( 4)

Renumber subsection 2.B.(4) as subsection 2.B.(3) and change "Solutions, pursuant to" to "Pursuant to" Section 2.B.(5)

Renumber subsection 2.B.(5) as subsection 2.B.(4) and change "Solutions, pursuant to" to "Pursuant to" Section 2.B.(6)

Renumber subsection 2.B.(6) as subsection 2.B.(5) and change "Solutions, pursuant to" to "Pursuant to" Section 2.C.(4)

Delete Section 2.C.( 4)

Section 2. E Add the following Statement: "Per 10 CFR 50.51 (b ), the Facility Possession Only License No DPR-45 continues in effect until the Commission notifies the licensee that the License has been terminated."

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 LA CROSSE SOLUTIONS, LLC DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 LA CROSSE BOILING WATER REACTOR POSSESSION ONLY LICENSE Amendment No. 14-1.5 License No. DPR-45

1.

The Nuclear Regulatory Commission (the Commission or the NRC) has found that:

1 A.

The application for amendment filed by the Dairyland Power Cooperative (the ot..*1ner licensee) dated April 10, 1996 complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I, anEI the NRC subseEtuently appro¥eEI the transfer of liGenseEI responsibility for the La Crosse 8oiling \\AJ.(ater ReaGtor (herein "the faGility" or "LAC8'1.'R")

to La Crosse Solutions, LLC (Solutions)1; B.

Construction of the La Crosse Boiling Water Reactor has been substantially completed in conformity with Construction Authorization No. CAPR-5, the application, the provisions of the Act and the rules and regulations of the Commission; C.

The facility will be maintained in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; D.

There is reasonable assurance: (i) that the activities authorized by this possession only license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules a~_d regulations of the Commission; E.

Solutions The licensee is technically and financially qualified to engage in the activities authorized by this possession only license in accordance with the rules and regulations of the Commission; F.

The 001ner licensee has satisfied the applicable provisions of 10 CFR Part 140 - "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public and does not involve a significant hazards consideration; Solutions is authorizeEI to aGt for DairylanEI Po*.\\fer CooperatitJe anEI has exGlusitJe responsibility anEI Gontrol o¥er the physieal possession, maintenanee anEI Eleeommissioning of the faeility.

H.

The receipt, possession, and use of byproduct, source and special nuclear materials as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70, including 10 CFR Sections 30.33, 40.32, 70.23 and 70.31; and I.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Possession Only License (POL) No. DPR-45, issued to Solutions and=Dairyland Power Cooperative is hereby amended to read as follows:

A This license applies to the La Crosse Boiling Water Reactor (herein "the facility" or "LACBWR") whish is possessed, maintained and desommissioned by Solutions amt which is owned by the Dairyland Power Cooperative (DPC) and was formerly owned by the Commission and operated by DPC under the provisions of a Commission contract and Provisional Operating Authorization No. DPRA-6 issued on October 31, 1969 (Docket No.

115-5). The facility is located in Vernon County, Wisconsin on the east bank of the Mississippi River, approximately one mile south of Genoa, Wisconsin and is described in the Safeguards Report for Operating Authorization (hereinafter Safety Analysis Report) filed by the Allis-Chalmers Manufacturing Company, and subsequently converted to Provisional Operating License No. DPR-45 (Docket No. 50-409). By Amendment No. 63, dated August 18, 1988, the license was changed to Possession Only License No. DPR 45.

B.

Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the Dairyland Power Cooperative:

(1)

Solutions pursuant to Section 104b of the Act and 10 GFR Part 60, "Domestic Licensing of Production and Utili:2:ation Facilities", to possess, maintain and deeommission the facility at the designated location in aseordanse t.*1ith the proeedures and limitations set f.orth in this lisense; W

Dairyland P01.ver Cooperati¥e p fursuant to Section 104b of the Act and 1 O CFR Part 50, "Domestic Licensing of Production and Utilization Facilities", to possess and maintain the facility at the designated location in accordance with the procedures and limitations set forth in this license; W

Solutions p Pursuant to the Act and 1 O CFR Part 70, to possess at any time special nuclear material used as reactor fuel, in accordance with the limitations for storage, as described in Section 2.2 FUEL STORAGE of Appendix A to this license; W

Solutions p Pursuant to the Act and 1 O CFR Parts 30, 40 and 70 to receive, possess, and use at any time any byproduct, source, and special nuclear material as sealed neutron or gamma sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; W

Solutions p Pursuant to the Act and 1 O CFR Parts 30, 40 and 70 to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and ___

Solutions p Pursuant to the Act and 1 O CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as were produced by the prior operation of the facility.

C.

This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I; Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1)

Maximum Power Level The licensee is not authorized to operate the reactor. Fuel may not be placed in the reactor vessel.

(2)

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No: 7 4, are hereby incorporated in the license. The licensee shall possess and maintain the facility in accordance with the Technical Specifications.

(3)

Physical Protection The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revision to 10 CFR 73 55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plan, which contains Safeguards Information protected under 1 O CFR 73.21, is entitled, "LACBWR ISFSI Physical Security Plan," as revised and reflecting exemptions from 1 O CFR 73.55 granted June 20, 2012).

(4)

Fire Protection Deleted The licensee shall implement and maintain in effect all provisions of the facility Fire Protection Program as described therein and as approved by the NRG.

The licensee may make changes to the approved Fire Protection Program

  • .vithout prior NRG approval if these changes do not decrease the effectiveness of fire protection for facilities, systems, and e~uipment 'Nhich could result in a radiological ha:z:ard, taking into account the decommissioning plant conditions and acti*1ities.

D.

This Possession only license supersedes and terminates in their entirety changes to the license issued in License Amendments: No. 17, July 27, 1979; No. 56, August 4, 1987; No. 61, May 18, 1988; No. 63, August 18, 1988; No.

66, August 7, 1991; and No. 69, April 11, 1997.

E.

This amended license is effective 30 days from the date of issuance and shall expire at midnight, March 29, 2031.

Attachment:

Per 1 o CFR 50.51 (b). the Facility Possession Only License No DPR-45 continues in effect until the Commission notifies the licensee that the License has been terminated.

FOR THE NUCLEAR REGULATORY COMMISSION Seymour H. Weiss, Director Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Project Management Office of Nuclear Reactor Regulation Appendix A - Technical Specifications Date of Issuance: April 11, 1997 ATTACHMENT2 APPLICATION FOR ORDER APPROVING LICENSE TRANSFER AND CONFORMING LICENSE AMENDMENT POSSESSION ONLY LICENSE (CLEAN PAGES)

LA CROSSE BOILING WATER REACTOR NRC POSSESSION ONLY LICENSE NO. DPR-45 DOCKET NOS. 50-409 AND 72-046

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 LA CROSSE BOILING WATER REACTOR POSSESSION ONLY LICENSE Amendment No. XX License No. DPR-45

1.

The Nuclear Regulatory Commission (the Commission or the NRC) has found that:

A.

The application for amendment filed by the Dairyland Power Cooperative (the licensee) dated April 10, 1996 complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act}, and the Commission's rules and regulations set forth in 10 CFR Chapter I; B.

Construction of the La Crosse Boiling Water Reactor has been substantially completed in conformity with Construction Authorization No. CAPR-5, the application, the provisions of the Act and the rules and regulations of the Commission; C.

The facility will be maintained in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; D.

There is reasonable assurance: (i) that the activities authorized by this possession only license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission; E.

The licensee is technically and financially qualified to engage in the activities al!thorized by this possession only license in accordance with the rules and regulations of the Commission; F.

The licensee has satisfied the applicable provisions of 10 CFR Part 140 -

"Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G.

The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public and does not involve a significant hazards consideration;

H.

The receipt, possession and use of byproduct, source and special nuclear materials as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70, including 10 CFR Sections 30.33, 40.32, 70.23 and 70.31; and I.

The issuance of this amendment is in accordance with 1 O CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2.

Possession Only License (POL) No. DPR-45, issued to Dairyland Power Cooperative is hereby amended to read as follows:

A.

This license applies to the La Crosse Boiling Water Reactor (herein "the facility" or "LACBWR") which is owned by the Dairyland Power Cooperative (DPC) and was formerly owned by the Commission and operated by DPC under the provisions of a Commission contract and Provisional Operating Authorization No.

DPRA-6 issued on October 31, 1969 (Docket No. 115-5). The facility is located in Vernon County, Wisconsin on the east bank of the Mississippi River, approximately one mile south of Genoa, Wisconsin and is described in the Safeguards Report for Operating Authorization (hereinafter Safety Analysis Report) filed by the Allis-Chalmers Manufacturing Company, and subsequently converted to Provisional Operating License No. DPR-45 (Docket No. 50-409). By Amendment No. 63, dated August 18, 1988, the license was changed to Possession Only License No. DPR 45.

8.

Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the Dairyland Power Cooperative:

(1)

Pursuant to Section 104b of the Act and 10 CFR Part 50, "Domestic Licensing of Production and Utilization Facilities", to possess and maintain the facility at the designated location in accordance with the procedures and limitations set forth in this license; (2)

Pursuant to the Act and 10 CFR Part 70, to possess at any time special nuclear material used as reactor fuel, in accordance with the limitations for storage, as described in Section 2.2 FUEL STORAGE of Appendix A to this license; (3)

Pursuant to the Act and 1 O CFR Parts 30, 40 and 70 to receive, possess, and use at any time any byproduct, source, and special nuclear material as sealed neutron or gamma sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (4)

Pursuant to the Act and 10 CFR Parts 30, 40 and 70 to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and

(5)

Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate; such byproduct and special nuclear materials as were produced by the prior operation of the facility.

C.

This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I; Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; and is subject to all applicable provisions of the Act and to the rules, regulations and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1)

Maximum Power Level The licensee is not authorized to operate the reactor. Fuel may not be placed in the reactor vessel.

(2)

Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No: 72, are hereby incorporated in the license. The licensee shall possess and maintain the facility in accordance with the Technical Specifications.

(3)

Physical Protection The licensee shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amendments and Search Requirements revision to 10 CFR 73 55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plan, which contains Safeguards Information protected under 10 CFR 73.21, is entitled, "Physical Security Plan for La Crosse Boiling Water Reactor (LACBWR)," as revised and reflecting exemptions from 1 O CFR 73.55 granted June *20, 2012).

(4)

Deleted

\\

D.

This Possession only license supersedes and terminates in their'entirety changes to the license issued in License Amendments: No. 17, July 27, 1979; No. 56, August 4, 1987; No. 61, May 18, 1988; No. 63, August 18, 1988; No. 66, August 7, 1991; and No. 69, April 11, 1997.

E.

This amended license is effective 30 days from the date of issuance and shall expire at midnight, March 29, 2031.

Attachment:

Per 10 CFR 50.51 (b), the Facility Possession Only License No DPR-45 continues in effect until the Commission notifies the licensee that the License has been terminated.

FOR THE NUCLEAR REGULATORY COMMISSION Seymour H. Weiss, Director Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Project Management Office of Nuclear Reactor Regulation Appendix A - Technical Specifications Date of Issuance: April 11, 1997