ML20006A513

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Grants Temporary Enforcement Discretion by Temporarily Waiving Requirement That Util Comply W/Full Provisions of 10CFR26, Fitness-for-Duty Programs, Based on Defueled Condition of Facility
ML20006A513
Person / Time
Site: Rancho Seco
Issue date: 01/18/1990
From: Murley T
Office of Nuclear Reactor Regulation
To: Boggs D
SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
TAC-75067, NUDOCS 9001290056
Download: ML20006A513 (4)


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msnmarow.o.caoses JAN 181990 Docket No 50-312-1'

-1 MrL David Boggs-i General Manager -

1 Sacramento Municipal Utility District

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6201 S Street,' P. O. Box 15830 l

l, Sacramento, California 95813 l

Dear Mr. Boggs:

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SUBJECT:

ENFORCEMENT DISCRETION REGARDING RANCHO SECO AND 10 CFR PART 26.-

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" FITNESS FOR DUTY PROGRAMS" (TAC NO. 75067)

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Fitness, for Duty Programs,"'10 CFR Part 26, was published in the Federal Register on June 7, 1989, and was required to be implemented by each u

licensee authorized to operate a nuclear power facility no later than L

January 3. L1990.

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In a letter dated October 6, 1989, the Sacramento Municipal Utility District (SMUD) requested a complete exemption from the requirements of 10 CFR Part 26.

-As, stated in our January 11, 1990 letter, that exemption request was denied.

l During discussions of our denial from the complete requirements of 10 CFR Part-26, your staff expressed the intent to request a limited scope exemption.

This-exemption request would be based on the: fact that Rancho Seco is in a defueled condition and that SMUD does not intend to resume power operations.

E Considering Rancho Seco's present and future status, the NRC is granting enforcement discretion by temporarily waiving the requirement that SMUD.

comply with the full' provisions;of 10 CFR Part 26. Specifically, only those' persons who have' unescorted access to the spent fuel pool building or to any area, wherever located, which contains equipment necenary to support and

. maintain the continued safe storage or handling of spent fuel are subject to the requirements of.10 CFR Part 26. Enforcement discretion is granted on the following basis:

L 1.

Rancho Seco is defueled with all fuel in the spent fuel I

pool building.

2..

SMUD does not intend to resume power operations at Rancho Seco.

3.

Design basis accidents for a nuclear facility in a defueled condition are all associated with loss of fuel pool water inventory or with fuel handling.

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'0' 9001290006 900118 t0 ADOCK0500{g2 PDR 9

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c Mr. Boggs I 8 18 #

While this enforcement discretion represents a reduction from the full scope of 10 CFR Part 26 as applied to nuclear power plants with an operating license, it still provides for the adequate protection of the public health and safety j

and is consistent with the potential safety hazards associated with a defueled reactor. By providing for the full application of NRC's fitness for duty requirements to those persons with unescorted access to those areas of the plant containing equipment necessary to ensure safe spent fuel handling and storage, the safety intent of these requirements will be met at Rancho Seco.

This enforcement discretion expires thirty days from the date of this letter, or at such time as the licensee's intent with respect to future power operations (item 2, above) changes, whichever is sooner, thus allowing SMUD time to submit an exemption request.

Sincerely.

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l Thomas E. Murley, Director l

Office of Nuclear Reactor Regulation cc: See next page L

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'Mr. David Boggs, Rancho Seco Nuclear Generating Station cc:

Mr. Dan R. Keuter Mr. John Bartus Assistant General Manager, Nuclear Ms. JoAnne Scott 14440 Twin Cities Road Federal Energy Regulatory Commission Herald, California 95638-9799 825 North Capitol Street, N. E.

Washington, D.C.

20425 Thomas A. Baxter, Esq.

Ms. Helen Hubbard Shaw, Pittman, Potts & Trowbridge P. O. Box 63 P300 N Street, N.W.

Sunol, California 94586 Washington, D.C.

20037 Environmental Conservation Mr.-Steven Crunk Organization Manager, Nuclear Licensing Suite 320 Sacramento Municipal Utility District 101 First Street Rancho Seco Nuclear Generating Station Los Altos, California 94022 14440 Twin Cities Road Herald, California 95638-9799 Ms. Jan Schori, General Counsel Sacramento Municipal Utility District Mr.-Robert B. Borsum, Licensing 6201 S Street Representative P.O. Box 15830 Babcock & Wilcox Sacramento, California 95813 Nuclear Power Division 1700 Rockville Pike - Suite 525 Rockville, Maryland 20852 Resident inspector / Rancho Seco c/o U. S. N. R. C.

14440 Twin Cities Road Herald, California 95638 Regional Administrator, Region V U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Mr. John Hickman Senior Health Physicist Environmental Radioactive Management Unit Environmental Management Branch State Department of Health Services 714 P. Street, Room 616 Sacramento, California 95814 Sacramento County Board of Supervisors

'700 H Street, Suite 2450 Sacramento, California 95814 (12)

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'Mr. Boggs 3-While this enforcement discretion represents a reduction from the full scope of 10 CFR Part 26 as applied to nuclear power plants with an operating license, it still provides for the adequate protection of the public health and safety and is consistent with the potential safety hazards associated with a defueled reactor. By providing for the full application of NRC's fitness for duty requirements to those persons with unoscorted access to those areas of the plant containing equipment necessary to ensure safe spent fuel handling and storage, the safety intent of these requirements will be met at Rancho Seco.

This enforcement discretion expires thirty days from the date of this letter, or at such time as the licensee's intent with respect to future power operations (item 2, above) changes, whichever is sooner, thus allowing SMUD time to submit an exemption request.

Sincerely, Original signed b5 Thoma.9 E. hrlex /

Thomas E. Murley, Director Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:

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