ML19310D906

Exemption from Requirements of 10CFR100.11(a)(1),providing for Control of All Activities within Site Area Until 870430

ML19310D906
Person / Time
Site:	Grand Gulf
Issue date:	12/20/1986
From:	Bernero R Office of Nuclear Reactor Regulation
To:	MISSISSIPPI POWER & LIGHT CO.
Shared Package
ML19310D902	List: ML19310D901 ML19310D903 ML19310D906 ML19310D907
References
TAC-62754, TAC-62755, NUDOCS 8612300343
Download: ML19310D906 (5)

Text

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If 6 Y 7590-01 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

- In the matter of Mississippi Power and Light Company,

)

Middle South Energy and

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Docket Nos. 50-416 South Mississippi Electric

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and 50-417 Power Association

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(Grand Gulf Nuclear Station,

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Units 1 and 2)

)

EXEMPTION PROVIDING FOR CONTROL OF ALL ACTIVITIES WITHIN THE SITE EXCLUSION AREA I.

Ji Mississippi Power and Light Company (MP&L), Middle South Energy (MSE, 7

recently reaamed System Energy Resources, Inc., SERI),and South Mississippi Electric Power Association (SMEPA), (joint licensees) are the holders of Facility Operating License No. NPF-29 and Construction Pemit No. CPPR-119, which authorize the operation and the construction of the Grand Gulf Nuclear Station Units 1 and 2, respectively, (the facility). The facility consists of boiling water reactors located in Claiborne County, Mississippi.

II.

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The Commission's regulations in 10 CFR Part 100.11 require that the site d

exclusion area should be determined of such size that an individual located on its boundary during a postulated accident would not receive radiation doses greater than those specified. The Comission's regulations in 10 CFR Part 100.3 define the e::clusion area, in this regard, to be an area within ...which the reactor licensee has the authority to detemine all activities including exclusion or removsl of personnel and property from the area...." and also 8612300343 861220 PDR ADDCK 05000417 A

PDR

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" Activities unrelated.to operation of the reactor may.be pemitted in an exclusion area under appropriate limitations, provided that no significant' hazards to the public bealth and safety will result."

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.The NRC staff had based its previous findings, as set forth in the Safety i

Evaluation Report, NUREG-0831, September 1981, ' that the' licen_ sees met ~ the requirements of 10 CFR Part 100 in this regard on ~the basis,' provided in the FSAR, that the licensees owned all of the mineral rights within the exclusion area. By letter dated December 2,1986 the licensees advised that' there were

.j inaccuracies in the FSAR regarding ownership of mineral rights..That letter L

- indicated that SERI and SNEPA own substantial, but not all of the mine'ral i

rights in the exclusion area.

III.

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By letter dated December 10, 1986 the licensees requested an exemption up.

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until April 30, 1987 from the requirements for exclusion area control of 10 CFR t

Part 1100 and specifically from the 10 CFR 100.3 definition of exclusion area.

Inasmuch as the definition of exclusi;n area pertains to its incorporation by reference in the requirements of 10 CFR Section 100.11(a)(1), the staff has treated this submittal as a requ,est for partial exemption from 10 CFR 100.11

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(a)(1) insofar as it incorporates by reference the definition of " exclusion area" in 10 CFR 100.3(a). The request for exemption relies on an interim basis for the licensees' control of activities while the licensees prepare further infor-mation to demonstrate long term control of activities and full compliance with 10 CFR Part 100.

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. For the interim period the licensees state that the licensee to be

- responsible for licensed activities System Energy Resources, Inc., has and will continue to have complete control of the surface rights within the exclusion area and thus complete control of ingress to and egress from the exclusion area.

The present owr.ership of the GGNS facilities, the exclusion area surface rights and the mineral rights will be unchanged by the transfer of control of licensed activities from MP&L to SERI. There are no known ccrrent attempts to exploit the mineral rights within the exclusion area. The licensee states.further that 4

pursuers of mineral rights could be denied access to the GGNS site until such time as legal action had been taken to settle any issues in this regard..

i The licensee describes the process, under the laws of' the State of Mississippi, that a mineral rights owner is required to follow and concludes that this i

proce.ss would provide ample prior notification and adequate' time to either i

resolve the matter with pursuers of mineral rights or to take action to ensure.

protection of the public health and safety.

The licensee states that under the laws of the State of Mississippi mineral owners and lessees have ne legal right to use physical force or to; create a public disturbance to gain access to property in order to explore for or extract minerals.

The licensee states that the potential for exploitation of mineral rights on the GGNS site appears remote due to past unsuccessful exploratory activities in the vicinity of the site.

The licensee has also provided a commitment to expeditiously notify the NRC in the event any party requests permission from SERI to conduct seismic cperations, 1

file an application fo-a permit to drill a well, or take any other action indicating an intent to explore for minerals on the GGNS site.

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c The NRC staff concludes that on the basis of there being no current attempts to exploit mineral rights, the licensee's control of the surface rights, and the j

substantial amount of time and effort required for a mineral rights owner to gain the necessary approvals and prepare for any actual activities affecting the i

exclusion area, that there is a vanishingly small probability that any such activities would occur during an interim period proposed by the licensee for the finalization of this issue cordingly, the NRC staff concludes that SERI does have sufficient authority during this interim period to control activities t

within the exclusion area consistent with the underlying purpose of 10 CFR Part 100. For these reasons the staff finds that the requested exemption is acceptable.

The staff will continue its review of the licensee's basis, to be provided in early January 1987, for establishing long term control of activities within i

the exclusion area related to the ownership of mineral' rights. The NRC staff c-will require, as the resolution to this matter, that the licensee demonstrate,

' i consistent with the requirements of 10'CFR Part 100, that it has the authority on a permanent basis to deteraire all activities within the exclusion area including the exclusion and removal of personnel and property from the area and the control of other activities so as not to interfere with the normal operations of the facility.

IV Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12 (a)(1) this 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

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security. The Comission further determines that special circumstances, as provided in 10 CFR 50.12(a)(2)(ii) are present justifying this partial temporary exemption, namely that application of the regulation in the particular circum--

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i stances is not necessary to achieve the underlying purpose of the rule. The purpose of the rule is to require that the licensees be able to control all

- activities within the exclusion area including the exclusion or removel of f

personnel and property and those activities unrelated to reactor operation which could pose a significant hazard to the public health and safety. The i

interim measures cited by the licensee are sufficient to' achieve this underlyino purpose up until April 30, 1987, pending receipt and review of the licensees' proposed long term solution to the matter in early January 1987.

I Accordingly, the Commission hereby grants a partial exemption as described in Section Ill above from 10 CFR 100.11(a)(1) insofar as it incorporates the 10 CFR 100.3 definition of exclusion area, until April-30, 1987.

Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this Exemption will have no significant impact on the environment l

(December 16, 1986, 51 FR 45072).

l This Exemption is effective upon issuance.

I FOR THE NUCLEAR REGULATORY COMMISSION

/

Robert M. Bernero, Director Division of BWR Licensing i

Dated at Bethesda, Maryland this 20thday of December 1986

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