ML19008A395

Order Approving Transfer of the License for the La Crosse Boiling Water Reactor to Dairyland Power Cooperative and Conforming Administrative License Amendment

ML19008A395
Person / Time
Site:	La Crosse  File:Dairyland Power Cooperative icon.png
Issue date:	09/24/2019
From:	Marlayna Vaaler Doell Division of Decommissioning, Uranium Recovery and Waste Programs
To:	Sauger J Energy Solutions
M VAALER DUWP
Shared Package
ML19008A393	List: ML19008A394 ML19008A395 ML19008A396 ML19008A397
References
CAC 000083, EA-19-077, EPID L-2018-LNS-0002
Download: ML19008A395 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 24, 2019 EA-19-077 Mr. John Sauger Executive Vice President Chief Nuclear Officer Reactor D&D EnergySolutions 121 W. Trade Street, Suite 2700 Charlotte, NC 28202

SUBJECT:

ORDER APPROVING TRANSFER OF THE LICENSE FOR THE LA CROSSE BOILING WATER REACTOR FROM LACROSSESOLUTIONS, LLC TO DAIRYLAND POWER COOPERATIVE AND CONFORMING ADMINISTRATIVE LICENSE AMENDMENT (CAC NO. 000083; EPID-L-2018-LNS-0002)

Dear Mr. Sauger:

By letter dated June 27, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18184A444), as supplemented by letter dated December 3, 2018 (ADAMS Accession No. ML18341A138), LaCrosseSolutions, LLC (LS) and Dairyland Power Cooperative (DPC) (collectively, the applicants) submitted an application, pursuant to Section 184 of the Atomic Energy Act of 1954, as amended, and Section 50.80, Transfer of licenses, of Title 10 of the Code of Federal Regulations (10 CFR), requesting U.S. Nuclear Regulatory Commission (NRC) consent for the direct transfer of LSs Possession Only License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) to DPC.

Specifically, the applicants requested that the NRC consent to the transfer of LSs NRC-licensed possession, maintenance, and decommissioning authorities back to DPC upon the completion of decommissioning activities at the LACBWR site. The applicants also requested approval of a conforming amendment to the license pursuant to 10 CFR 50.80 and 10 CFR 50.90, Application for amendment of license, construction permit, or early site permit. Notice of the application was published in the Federal Register (FR) on October 11, 2018 (83 FR 51509).

The supplemental letter dated December 3, 2018, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staffs no significant hazards consideration determination.

DPC is currently the licensed owner of LACBWR; it holds title to and ownership of the real estate encompassing most of the LACBWR site, as well as lease hold interests for the remaining portions of the site; title to and ownership of the spent nuclear fuel; and title to and ownership of all improvements at the LACBWR site. LS currently maintains a lease for the above-ground LACBWR structures (other than the LACBWR independent spent fuel storage

J. Sauger installation (ISFSI)) and previously assumed responsibility for all NRC-licensed activities at the LACBWR site, including responsibility under the license to complete decommissioning. LS will relinquish any remaining lease rights it holds at the site upon completion of decommissioning.

Upon the execution of the license transfer, DPC will maintain the onsite ISFSI and the ultimate disposition of the spent nuclear fuel will be provided for under the terms of DPCs Standard Contract for Disposal of Spent Nuclear Fuel and/or High Level Waste with the U.S. Department of Energy. DPC will also continue to maintain its nuclear decommissioning trust, an external trust in which funds are segregated from its assets and outside its administrative control.

The NRC staff has completed its review of the LACBWR license transfer application. is the Order, which provides consent to the proposed license transfer, subject to the condition described therein, and approves the conforming license amendment. Enclosure 2 provides the conforming amendment for LACBWR, which will be issued and become effective at the time the transfer is consummated. Enclosure 3 provides the NRC staffs safety evaluation (SE) related to the preceding actions. The SE will be placed in the NRC public document room and added to the ADAMS Publicly Available Records System Library.

A copy of the Order has been forwarded to the Office of the Federal Register for publication.

Should you have any questions concerning this action, please contact me at (301) 415-3178 or via e-mail at marlayna.doell@nrc.gov.

Sincerely,

/RA/

Marlayna Vaaler Doell, 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

Enclosures:

1. Order

2. Conforming Amendment to DPR-45

3. Safety Evaluation cc w/enclosures: La Crosse Boiling Water Reactor Service List

Package: ML19008A393 Letter: ML19008A395 Order: ML19008A396 Amendment: ML19008A394

• by memo / e-mail SE: ML19008A397 FRN: ML19008A405 OFFICE NMSS/RDB/PM NMSS/DUWP/LA NRR/PFPB/BC NMSS/RDB/BC OGC - NLO NAME MVaaler CHolston ABowers* BWatson JWachutka*

DATE 1/8/2019 1/10/2019 4/12/2019 4/23/2019 6/7/2019 OFFICE NMSS/DUWP/D OE/D NMSS/QTE NMSS/D NMSS/RDB/PM NAME JTappert GWilson* LMoorin* JLubinski MDoell DATE 7/5/2019 7/15/2019 8/9/2019 9/24/2019 9/24/2019 La Crosse Boiling Water Reactor Service List:

Ken Robuck Jeffery Kitsembel President and CEO Division of Energy Regulation EnergySolutions Wisconsin Public Service Commission 299 South Main Street, Suite 1700 P.O. Box 7854 Salt Lake City, UT 84111 Madison, WI 53707-7854 John Sauger Paul Schmidt, Manager Executive VP and Chief Nuclear Officer Radiation Protection Section Reactor D & D Bureau of Environmental and Occupational Health EnergySolutions Division of Public Health 121 W. Trade Street, Suite 2700 Wisconsin Department of Health Services Charlotte, NC 28202 P.O. Box 2659 Madison, WI 53701-2659 Gerard van Noordennen VP Regulatory Affairs Barbara Nick EnergySolutions President and CEO 121 W. Trade Street, Suite 2700 Dairyland Power Cooperative Charlotte, NC 28202 3200 East Avenue South, La Crosse, WI 54602-0817 Joseph Nowak General Manager Cheryl Olson, ISFSI Manager LaCrosseSolutions La Crosse Boiling Water Reactor S4601 State Highway 35 Dairyland Power Cooperative Genoa, WI 54632-8846 S4601 State Highway 35 P.O. Box 817 Russ Workman Genoa, WI 54632-8846 General Counsel EnergySolutions Lane Peters, Site Manager 299 South Main Street, Suite 1700 La Crosse Boiling Water Reactor Salt Lake City, UT 84111 Dairyland Power Cooperative S4601 State Highway 35 Jerome Pedretti, Clerk Genoa, WI 54632-8846 Town of Genoa E860 Mundsack Road Thomas Zaremba Genoa, WI 54632 Wheeler, Van Sickle and Anderson, S.C.

44 East Mifflin Street, Suite 1000 Regional Administrator Madison, WI 53703 U.S. NRC, Region III 2443 Warrenville Road John E. Matthews Lisle, IL 60532-4352 Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004