ML20028A025

Forwards Fr Notice of Exemption from Requirements of Obtaining Property Damage Insurance

ML20028A025
Person / Time
Site:	Humboldt Bay
Issue date:	11/12/1982
From:	Matt Young NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Lazo R, Linenberger G, Schink D Atomic Safety and Licensing Board Panel
References
NUDOCS 8211160281
Download: ML20028A025 (3)

Text

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November 12, 1982 J

Robert M. Lazo, Esq., Chairman Mr. Gustave A. Linenberger Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission

' U.S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Dr. David R. Schink Administrative Judge Department of Oceanography Texas A & M University

. College Station, Texas 77840 In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Humboldt Bay Power Plant Unit No. 3)

Docket No. 50-133

Dear Administrative Judges:

i The NRC has granted the Licensee an exemption from the requirements of 10 CFR S 50.54(w) relating to obtaining property damage insurance for the Humboldt Bay Power Plant, Unit 3.

A copy of that exemption, as published j

in the Federal Register, is enclosed for your information.

Sincerely, l

Mitzi A. Young Counsel for NRC Staff l

Enclosure as stated cc (w/ enc 1):

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' DATE :11/ /2- /82 :11/;7 182 C211160201 821112 PDR ADOCK 05000133 O

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g Federal Register ~/ Vol. 47. Na -217 / Toesday, Novcmber 9.1982 / Notkes gypsg h,

For the Nuclear Regulatory Co==laalm (Decket Ben. SS-!"

%e llamaaaa ad act provide ammesame ific Gas and Electric Co.T'1-_ J ~ wormavon ia ns e,s.co.re esis.e q,

mob.et A.ansk. -

C the Commission to conclode that a chief. OpemtingReacsorsBroachNA Bay Power Plant, Unit No.3h permanent---

to the rivisionefucensing.

Esemption

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requirements of to CFR EtL54(w)is -

tm n= === ruma== =i Justmed.e 'v y.&ecwama--

e em m e coor m e c a requested additional lnformatica trent ne PaciRc Gas and Electdc Company (the licensee) is the holder of FacilitF the licensee in a letter; dated June 38, F [Decket No.50-1333 OperatingIJcense No.DPR-F which 1982.%e licensee has responded b 61s authorizes operation of the Humboldt request byletter dated July 28,190L Be se Pacific Gas and Electric Co.; Granting Potver Plant, alt No.3 (Humboldt).

byth 11 lai julyseth of Exemption From the Requirements sylQsubk'et tier and by staff studies perfonned for,

of 10 CFR 50.54(w) the Humboldt unit, the -=ta=8a= ls -

c ad e d d ws d to ne U.S.Nudear Regulatory Comiulon now othereafterin efect.

a e k co

,,,ed ei>=

aa on est '

r Commission (the Commission)has

%e Facilityis a bo water reactor

&eHak k McWhdW rated at 63 Mw(e)at the consee's site presented hthe Humboldt unitinits granted an exemption from the requirements of 10 CFR 50.54(w) to the locatednearEureka California.

present state of cold shutdown is very Pacific Gas and Electric Company (the IL '

low compared to operating reactors. In a licensa).

g,,,gulation.10 CFR'50.54(w.

recent decision, the

.OfBosof requires that each commercial po)wer EckarReactwRegula adechoedto

%Is exemption related to a requirement for obtaining property reactor licensee shall, by June 2s,1982,

• order decommissioning of the Humboldt damage Insurance for the Humboldt Bay take reasonable steps to obtain on. site anHa requatMbyanladividual s

Power Plant, Unit No.3.ne basis for property damage insurance available at Punmt tolo CFR 2.2064DMM]nly this action is set forthin the reasonable costs and on reasonable 7,1982) He Directw found, in part: "De Commission's Exemption dated terms from private' sources or to consequences and types of accidents are November 3,1982.

• demonstrate to the satisfaction of'tbe smady rHrninfahed becaum of the

{,unt ne Commission has determined that i,,on thatI se!

sees an

,s e ddd ala l -

ya nten nment d"8

. air is adequate impact and that pursuant to 10 CFR have a nJmum cov e limit no low cladding integrity. %erefore, measures 51.5(d)(4) an environmentalimpact than the combined to of(I) that -

to assure com culing or mitigate loss of statement or negative declaration and environmental impact appraisal need offered by either American Nuclear codant caugmces are nanaeaaaa y.

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Due to the long period since the reactor not be prepared in connection with this Insurers (ANI) and Mutual Atomic medon.

Energy Reinsurance Pool (MAERF) last operated, mobile radioactivity has.

Jointly or Nuclear MutualLimited decayed very signiScantly."To.

For further details with respect Jo this (NML): plus (ii) that offered by Nuclear illustrate, decay heat in the core of a actlen. see (1) the licensee's request Electric Insurance Limited (NEIL). the -

reactor sinilar in configuration and cold dated May 28,1932;(2) the Ed! son Electric Institute (EET). ANI and

.shutdows rtatus to the Humboldt unitis Corr.m:ssion's temporary exemjrtion MAERPjointly, or NML as excess esti;nated by stuff to be ap 3.0 X10-V cf full power. proximately dated June 29,197,2; and (3) the property insurance" I

Commission's Exemption dated On May 28.1982, thelicensee filed a Addit!onaLy, preliminary information '

November 3,1582. Items (1), (2) ani (3)

Request for Exemption from 10 CFR has been developed for the

' are aval!able for public inspection at the 50.54(w). In support of this request, the Commission's accident cost study of Commission's Public Document Rcom.

licensee indicated that Humboldt Un!t 3 light water reactors (Technology, Sofirty 1717 H Street, N.W., Wanhington, D.C.

has been shut down since July 1976 and andCosts ofl)cccmrtisalordag of and at the Humboldt County Library, is presently in cold shutdown condition. ReferenceIhht WaterRexfore F

636 FStreet Eureka. California 95501. A The licensee indicated that atudies InvolvedinPostulatedA**

copy' ofitem (3) reay be obtained upon conducted by it and the NRC staff Padfic Northwest Laboratory: NUREG/,

request addressed to the U.S. Nuclear c nelude that the unit presents no CR-2001: to be published). Dis report Regulatory Commission. Washington, danger to the health and safety of the considers three accident scenarios all of D C. 20555. Attention: Assistant Public. Further, the licensee presently which involve loss of coolant accidents Director, State and Licensee Relations, maintains all-risk property ofv ing severity.Such accidents are 8 insurance at Humboldt Unit 3 in e egnsi eredtopresentthegreatest

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Office of State Programa.

amount of approximately $100,000.000 Potential for excessive contaminadan !

Dated at Bethesda, Maryland, this 3rd day which, in the licensee's opinion, is more requiring significant cleanup expense.

of November tse2.

than enough to cover the very remote As indicated above the staff dow not

' For the NuclearRegulatory r.,

a,

possibi!ity of any damage to the unit.

consider loss of coolant accidents to be.

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He licensee submitted that any credible events forHumboldtinits Domenic 3.VasenBe,,

additionalinsurance beyond that current status. Consequently, itis CAlef Operating 1teactors# mach &2, currently carried should not be required. reasonable to expect that whatever on- '

DirisionofI/oensig In addition, the licensee stated that the site decontamination costs that might annualpremium for additional arise from an accident at the Humboldt inon.awneru.aiwana -g Insurance would be a burden onits unit in its current state would be

= =a ones renome ec.

ratepeyses.

e covered by the $100,000,000 all-risk e

e e

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50786 Federal Register / V:1. 47. N3. 217 / Tuesday, November 9,1982 / Notices-property damage insurance currently emergency service water system to levels not in excess of 130 megewetts --

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include an allowance for normalpump thermal (5s of rated power).no facihty maintained by PC&E.

Finally,the additionalproperty wearin the emergency service water., consists of a Westinghouse Electric s insurance required to comply with10 pump surveillance test acceptance Corporation designed pressurized iester CFR 50.54(w) would require an criteria.

y reactor (PWR) located at the Beansees' additional annual premium of from ne application fog amenqbnent site in Fah&ld County, South. Carolina. -

$010,000 to se91,000.ne Commission complies with the standards and -

ne license is subject to all rio a aind N finds that this financial burden,if placed requirements of the Atomic

' Act regulanons of the '-a.wa saa. ;;w.

r on the licensee and its customers, would. of1954, as amended (the Act),

the

' not be warranted by the marginal Commission's rules and regulations.He B

,,, f additional benefit that would be Commission has made a to 10 CFR 50.54(q) requirse a Hama===

obtained.

findings as required by Act and the - authorized to operate a nuclear power Accordingly, based upon the Commission's rules and regulations in to reactor to follow and maintain in effect.

additionalinformation provided by the CFR Chapter I, which are set forth in the emergency plans which meet the' licensee in its July 28 letter, the license amendment. Prior public notice standards of I 50.47(b) and the Commission has determined that..

of the amendment was notrequired

• requirements of AppendixE to to CFR-pursuant to 10 CFR 50.12 an exemption since the amendment does not involve a Part 50.Section IV.F.1.b of Apendix E.

is authorized by law and will not significant hazards consideration-requires each licensee to conduct a fuB '

endanger life or property or the common

%e Commission has determined that, scale emergency preparedness exercise

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defense and security and is otherwise in the issuance of the amendment will not for each site at which a power reactor is the publicinterest.nerefore, the result in any significant environmental located for which the first operating..

Commission hereby approves the impact and that pursu' ant to to CFR

• license for that site is issued after july

following exemption:

51.5(d)(4) an environmental impact.

13,1982, within one year before the '

statement or neganve declaranon and issuance of the first operatinglicense for The licensee is exempt untG further notice envir nmentalimPact appraisal need full power, and prior to operation above from the requirements of to CFR 50.54(w).

not be prepared in connection with as of rated power of the first reactor -

with respect to on. site property damage issuance of the amendment'spect to this. which will enable tech State and lo insurance. in excess of $100.000.000 unless For further details with re government within the plume exposure and until such time as Humboldt Bay Power Plant. Unit No. 3 is removed from cold action, see (1) the appIfcation for

. pathway eme en planning zone and j

shutdown and resumes operation.

amendment dated June 26,1979,(2) each State wi e ingestion pathway Amendment No. 71 to Ucense No.DPR-emergency planning zone to participate.

%e NRC staff has determined that the 59, and (4) the Commission's relata'd in letters dated September 23 and 29, '

granting of this exemption will not result Safety Evaluation. Allof these items are 1982 South Carolina Electric & Gas in an significant environmentalimpact p

in on a Company provided justification for and '

and t at pursuant to 10 CFR 51.5(d)(4)

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g an environmental impact statement or 1717 H Street, NW., Was on D.C

-requested an exemption,in accordance

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with the provisions of to CFR 50.12(a)'

negative declaration and environmental and 50.47(c), from literal compliance impact appraisal need not be prepared Un vers ty Co ege a Os

wego, with one requirement of SectionIV.F.1.b in connection with this action.

This exemption is effective upon N, ew York 13126. A copy of items (2) and of Appendix E to Part 50.%st sectica y

{revides ;h.t a full-scale exercise shall lesuance.

RegulatoryCommission Washington, l

Dated et Bethesda, Maryland this 3rd day, i

,se to e

.S.

cle

. conducted.

justification for the. request is based...

of November 19s2.

D.C.20555, Attention: Director, Division on the followir.g:

I-Far the Nclear Regulatory e m, mini-r, ofge4 bN1a State, local and federal officials engaged.

Sou Ca a

tri s mpan,

ivisionofLicNs'ng, Office of A n Drec ofNuclearRese.'o*Resulation.

For the Nuclear Regulatory Cor=t=s"'

.in a full. scale ensergency exercise for DomenicE.V4 -

the Virgil C. Summer Nuclear Station.

c

.c Cf.ief. Operating Teocsa s Jtmnch Na 2..

Hat exercise resulted in favorable findings by the Federal Etcergency Diviskn ofLJmas6qr.

(Docket No.450 338]

pmomavaansreadn-wanasmal -

Mansgement Agen.y(TEMA) ana the sumo coca rese ows NRC. As a result of that exercise,the Power' Authority of the State of New State and Taur county government plans relative to the Virgil C. Sanmer Nuclear York; Issuance of Amendmentto i

Facliity Operating Ucense

[ Docket No. 50406]

Station were approved by FEMA and ne U.S. Nuclear Regulatory South Caroline Electric & Gas Co and ' the NRC on November 13,1981.

Commission (the Commission) has South Carolina Public Servloe (2) On January 10,1962, a full, system-Issued Amendment No.71 to Facility Authority (Virgil C. Summer Nuclear wide test of the Emergency Notification -

Operating Ucense No. DPR-59 issued to Station); Exemption System (strens) for Virgil C. Summer Nuclear Station was conducted. All four the Power Authority of the State of New

+-

I counties and the State emergency York (the licertsee), which revises the Technical Specifications for operation of South Carolina Electric & Gas -..

planning organization participated in the the James A. FitzPatrick Nuclear Power Company and South Carolina Public. s test.

Plant (the facility), located in Oswego Service Authority (the licensees) an the (3) On March io and 11.1982, a full-I County.New York.ne amendment is holders of Facility Operating Ucense scale emergency exercise was '.,

effective as of the date of its issuance.

No.NPF-12 which authorizes the conducted for Duke Power Company's De amendment revises the Technical operation of Virgil C. Summer Nuclear Oconee Nuclear Station which is also.

Specifications pertaining to the Station (the facility) at reactor power '

located in South Carolina.no State -.

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