ML20028G256
| ML20028G256 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 01/31/1983 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | Linder F DAIRYLAND POWER COOPERATIVE |
| References | |
| TASK-02-01.A, TASK-2-1.A, TASK-RR LSO5-83-01-047, LSO5-83-1-47, NUDOCS 8302070564 | |
| Download: ML20028G256 (8) | |
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January 31, 1983 Docket No. 50-409 LS05-83-01-047 Mr. Frank Linder General Manager Dairyland Power Cooperative 2615 East Avenue South Lacrosse, Wisconsin 54601
Dear Mr. Linder:
SUBJECT:
SEP TOPIC II-1.A, EXCLUSION AREA AUTHORITY AND CONTROL LACROSSE BOILING WATER REACTOR Enclosed is the staff's evaluation of SEP Topic II-1.A for the Lacrosse 00ilingWaterReactor(Enclosure 1). This evaluation is based on our review of your topic safety assessment report submitted by letter dated June 22, 1981, a telephone conference on September 22, 1982 and memorandums to File from J. D. Parkyn, dated December 9,1982 and January 28, 1983 (Enclosure 2 and 3). The staff finds that you have the authority to detemine all activities within the exclusion area as required by 10 CFR Part 100. However, the licensee should infom the NRC of any changes in occupancy on two parcels of privately owned land within the exclusion area.
This evaluation will be a basic input to the integrated safety assessment for your facility unless you identify changes needed to reflect the as-built conditions at your facility. This a sessment may be revised in the future if your facility design is changed or if NRC driteria relating to this subject are modified before the integrated assessment is completed.
Sincerely, Originn101 cued by:
Dennis M. Crutchfield, Chief
$$$2ggg4 ]@jj Operating Reactors Branch No. 5 Division of Licensing P
Enclosures:
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d Mr. Frank Lind;r Docket No. 50-409 General Manager Lacrosse Dairyland Power Cooperative 2615 East Avenue South Lacrosse, Wisconsin 54601 cc Fritz Schubert, Esquire U.S. Environmental Protection Agency Staff Attorney Federal Activities Branch Dairyland Power Cooperative Region V Office 2615 East Avenue South ATTN:
Regional Radiation Representative Lacrosse, Wisconsin 54601 230 South Dearborn Street Chicago, Illinois 60604
- 0. S. Heistand, Jr., Esquire Morgan, Lewis & Bockius James G. Keppler, Regional Administrator 1800 M Street, NW.
U.S. Nuclear Regulatory Commission Washington, D.C.
20036 Region III 799 Roosevelt Road Mr. John Parkyn Glen Ellyn, Illinois 60137 Lacrosse Boiling Water Reactor Dairyland Power Cooperative Mr. Ralph S. Decker Post Office Box 275 Route 4, Box 190D Genoa, Wisconsin 54632 Cambridge, Maryland 21613 Mr. George R. Nygaard Charles Bechhoefer, Esq., Chainnan Coulee Region Energy Coalition Atomic Safety and Licensing Board 2307 East Avenue U.S. Nuclear Regulatory Conunission Lacrosse, Wisconsin 54601 Washington, D.C.
20555 Dr. Lawrence R. Quarles Dr. George C. Anderson Kendal at Longwcod, Apt. 51 Department of Oceanography Kenneth Square, Pennsylvania 19348 University of Washington Seattle, Washington 98195 U.S. Nuclear Regulatory Coninission Resident Inspectors Office Rural Route #1, Box 276 Genoa, Wisconsin 54632 Town Chairman i
Town of Genoa Route 1 Cenoa, Wisconsin 54632 Chainnan, Public Service Commission of Wisconsin Hill Farms State Office Building Madison, Wisconsin 53702 w
Encimsure 1 4
SYSTEMATIC EVALUATION PROGRAM TOPIC II-1.A LACROSSE TOPIC:
II-1.A. EXCLUSION AREA AUTHORITY AND CONTROL I.
INTRODUCTION The safety objective of this topic is to assure that appropriate exclusion area authority and control are maintained by the licensee as required by 10 CFR Part 100.
II.
REVIEW CRITERIA Section 100.3(a) of 10 CFR Part 100 requires that a reactor licensee have the authority to determine all activities within the designated area, in-cluding the exclusion and removal of personnel and propertsy.
III.
RELATEn SAFETY TOPICS Topic XIII-1, " Conduct of Operations" will assure that the licensee can adequately specify proper operation in routine, accident and emergency conditions. The topic is being covered as part of the NRC TMI Task Action Plan.
Topic XIII-2, " Safeguards / Industrial Security" will evaluate the licensee's capability to protect the operating unit (s).
IV, REVIEW GUIDELINES The review was conducted in accordance with the guidance given in SRP 2.1. 2.
The capability of the plant to meet the dose criteria of 10 CFR Part 100 at the exclusion area boundary will be evaluated in the Design Basis Event phase of the SEP 'eview.
V.
EVALUATION i
The Lacrosse Boiling' Water Reactor is located on the eastern shore of the Mississippi River approximately 19 miles south of the city of Lacrosse, Wisconsin.
The site exclusion area is defined as an 1109 foot radius circle around the reactor building. The exclusion area includes portions of the Mississippi River and is traversed from north to s'outh by Wisconsin State Highway 35 and the Burlington Northern Railroad main line.(1)
The land within the exclusion area is owned by the Dairyland Power Cooperative (see Encinsures 2 and 3), Burlington Northern Railroad, State of Wisconsin and the federal government. DPC ownership includes mineral rights. There are two very small unoccupied parcels in private ownershi with restrictive land easements (see Enclosure 2, paragraphs 2, 3 and 4)p.
The larger parcel is steeply graded on a hillside.
It is unlikely that these parcels will be used for residence or occupation.
o '
The lot lines running through the property do not abut, but are separated by the outlines of a fonner creek.
The licensee indicates that rights to the bed of the former creek are in the owner of the adjacent lots, that is the licensee.
Even if it were not, the rights would be in the federal government which has previously granted the licensee the right to control all activities on federal prope-ty in the exclusion area in the event of emergencies.
Arrangements have been made to control traffic on State Highway 35 by contacting the Vernon County Sheriff's Office. The County Sheriff has statu';gty police authority under Wisconsin law to control public roadways.h i Arrangements have been made with the Burlington Northern Railroad to stop any usage of railroad property within the exclusion area in the event of emergency.
Dispatchers have radio consnunications with trains and work parties. As this is privately owned railroad property, the railroad has the right to exclude any public activity on its right-of-way, and its agreement with Dairyland would pennit the Vernon County' Sheriff!s' depart-ment to control access as needed.(2)
Arrangements have been made with the United States Coast Guard to control traffic on the Mississippi River in the event of an emergency. This arrange-ment is documented in a letter of agreement.(2) There are no residences within the exclusion area.
The licensee, in the event of an emergency, has an agreement with the Vernon County Sheriff to evacuate individuals from the exclusion area.(3)
VI.
CONCLUSION Based on the above evaluation we conclude that the licensee has the proper authority to determine all activities within the exclusion area as required by 10 CFR Part 100. However, the licensee should infonn the NRC of any changes in occupancy on the two parcels of privately owned land within the exclusion area.
VII. REFERENCES i
1.
" Lacrosse Boiling Water Reactor Safeguards Report (ACNP-65544),"
prepared for the United States Atomic Energy Consnission under AEC ContractNo.AT(11-1)-850, revised August 1967 by the Atomic Energy Division of Allis-Chalmers.
2.
" Upgraded Radiological Emergency Response Plan," docketed to the~
U. S. Nuclear Regulatory Consnission, April 2,1981, DPC Letter LAC-7446, Linder to Eisenhut.
3.
Letter from Vernon County, Wisconsin, Sheriff Geoffrey Banta to Frank Linder, Dairyland Power Cooperative, February 24, 1982.
4.
Letter from John D. Parkyn to File, December 9,1982, SEP Topic II-1.A, Exclusion Area Authority and Control (Enclosure 2).
5.
Letter from John D. Parkyn to File, January 28, 1983, SEP Topic II-1.A.
Exclusion Area Authority and Control (Enclosure 3).
ENCLOSURE 2 December 9, 1982 T0:
FILE FROM: JOHN D. PARKYN
SUBJECT:
SEP TOPIC II. 1.A EXCLUSION AREA AUTHORITY AND CONTROL i
On December 9, 1982, I examined the records in the Register of Deeds Office for Vernon County, Wisconsin with the Register of Deeds, Vera Nelson. We have come to the following conclusions regarding the ownership of land in the exclusion area identified for the La Crosse Boiling Water Reactor by Figure 3.5 of the Safety Analysis Report.
1.
That land included in Government Lot 2, Town 13 North, Range 7 West, Government Lot 2 lies wholly within the Southeast 1/4 of the Northeast 1/4. The property was transferred to the Dairyland Power Cooperative from George Blask on August 31, 1949 by Warranty Deed. This is recorded in Volume 116, Page 448. This transfers all of U.S. Government Lot 2 except that portion owned by the railroad. The current status is, of course, that except for that portion owned by the Burlington Northern Railroad Company and that portion under the control by ease.v at of the Wisconsin State Department of Transportation for highway purposes plus and easements to the Northern States Power Company for power lines or the Vernon Telephone Cooperative for telephone lines, this land is totally under the ownership of the Dairyland Power Cooperative.
2.
The next area of ownership is Government Lot 3, which is also in Town 13 North, Range 7 West.
In examining the records on Government Lot 3 I find a quitclaim deed from Katherine Trussoni and others to the Dairyland Power Cooperative for all of Lot 3 West of the right-of-way of the Cincinnati-Bbrlington & Quincy Railroad. This was recorded in Volume 116, Pages 472 and 473. This makes the map shown on Figure 3.5 within the SAR inaccurate and that the entire area west of the railroad should be crosshatched as actually owned by the Dairyland Power Cooperative.
Thorn is an nmission in that map that indicates nrivato nwnershin hv some other individual that does not exist.
It is noted that the rest of Government Lot 3 shown as not owned by the Dairyland Power Cooperative is between the railroad and the highway indicated that the highway has a right-of-way that when combined with the railroad excludes any private ownership of that territory.
The remaining tiny triangle less than 100 4 et on a side is shown as between the two roadways as this is all within ICO feet of the roadway even should it be indicated in private hands and 1 cannot determine this from the deeds and easements shown at the court house without more extensive research.
It is all covered by a scenic easement issued by Trussont to the State of Wisconsin recorded in Volume 134 Page 597. The scenic easement reads as follows, (1) no building sr premises shall be used and no building shall hereafter be erected, structure altered, except for one or more of the following uses. (b) general farming including farm buildings except fur farms and farms operated for disposal of garbage, rubbish oweful or sewage, (c) telephone-telegraph or electric lines or pipes or pipelines or microwave radio relay structures for the purpose of transmitting messages, heat, Ifght or power.
(d) uses incident to any of the above pernitted uses including accessory buildings (e) any use existing on the premise at the time of the execution of this easement.
Existing commercial and industrial uses of lands, buildings may be continued, maintained and repaired but may not be expanded nor shall any structural alteration be made.
(2) No dump of ashes, trash, sawdust or any unsightly or offensive material should be placed upon such restricted area except as is incidental to the occupation and use of the land for normal agricultural or horticultural purposes.
(3) No sign, billboard, outdoor advertising structure advertisement of any kind shall be erected, displayed, placed or maintained upon or within the restricted area except one sign of not more than 8 square feet in area to advertise the sale, hire or lease of property or the sale of any such products as are produced upon the premises.
(4) The conditions of this easement shall not prevent any permanent evacuation or works necessary to the occupation or use of the restricted area for purposes of the permitted uses.
(5)
No trees or shrubs shall be removed or destroyed on the land covered by s
this easement except as maybe incidental to the permitted uses.
(6)
The grant of this easement does in no way grant the public to enter such area for any purpose. Then it states, "to have and to hold the sat easement hereby granted under the second party (the State of Wisconin) forever." This easement covered with the proximity of the highway and the proximity of the highway by itself would exclude any occupation of this area in perpetuity, therefore, the+ portion of. Lot 3 within exclusion area is totally outside the realm of any private use.
3.
The remaining property is Government Lot 1 Township 13, North Range 7 West.
Government Ubt 1 is at the northern end of the exclusion area.
In looking at th'is it shows that part of this property is, of course, in the hands of Dairyland Power Cooperative. The Burlington Northern Railway then owns a strip of it. We have an agreement for exclusion with the Burlington Northern Railroad. The Wisconsin Department of
-Transpuri.auvo i. hen has a Si.ai.e Ti uni iiishway 35 wh kh unns a >L ;r vi it.
In researching the records I find that on March 13, 1958 Trussoni transferred to the State of Wisconsin Highway Commission 130 feet of
~
land lying to the east of the railroad right-of-way to permit this highway to go through. The legal drawings show that this is 130 feet right-of-way to the east from the center line of the highway. This is recorded in Volume 134, Page 603.
f 4
e 4.
The remaining section of land is roughly triangular with a curved side approximately 360 f t north to south in length and 300 ft east to west in length. The scenic easement covering this parcel was issued on March 13, 1958 to the State of Wisconsin by Trussoni.
This is recorded in Volume 134, Page 604. This scenic easement is precisely identified with that previously referred in Lot I with the exception that la exists. This permits one single frmily dwelling to be built if approximately 300 feet frontage adjacent to said trunk Highway 35 is maintained. This property was sold to Mol-Co. Inc.
along with many adjacent acres by Warranty Deed on May 31, 1973. As recorded in Volume 205, Page 725. This was subject to the scenic easement and easement to the Dairyland power Cooperative for power lines and easement to the Northern States Power Company for power lines and an easement with the Vernon Telephone Company for telephone lines. A change in Wisconsin State Statutes governing the regulation of sanitary septic systems now prohibits their installation on steep slopes. The land remaining once the highway right-of-way is removed consists of a slope of approximately 60* therefore, no building pennit can be issued for its development. Thus, negating the clause in the scenic casement.
JDP:eme cc:
Parkyn c
TELECOPY TO TED MICHAELS 301-492-8166 Ccnfirmed 01/28/83 eme January 28, 1983 ENCLOSURE 3 T0:
FILE FROM:
J. D. PARKYN
SUBJECT:
SEP TOPIC II-1.A, EXCLUSION AREA
REFERENCE:
(1) January 27, 1983 Phone Call Between Ted Michaels of the Systematic Evaluation Program and John D. Parkyn, LACBWR Plant Superintendent Ted Michaels contacted me today as r%:ards Figure 3.5 in the LACBWR safety analysis report. This figure which shows the exclusion area and the ownership of property in it is entitled, " Exclusion Map".
The Nuclear Regulatory Commission attorneys questioned the government lot lines shown on this figure of the exclusion area because they noticed that directly south of the Genoa #1 power plant running full length vertically, the government lot lines were separated between Lots 2 and 5 and Lots 6 and 3. I told Ted Michaels as I remembered from working for the U. S. Geological Survey that in the days the surveys were run the government lots were irregular and generally followed the i
shoreline land mass above water. Therefore, the original government lots don't reflect any filled areas but they do reflect channels or flowing water and the gap appeared to be a flowing water channel. Normally the people owning the adjacent property when an area like this is filled re:eive in effect title to this even though the government lot lines as originally surveyed don't join or are not contiguous at this point. As Dairyland has control through ownership of the areas in the exclusion zone on both sides of the ditch shown on this map, they would therefore own the land including the ditch.
I then looked at construction drawing photographs taken of the site at the time of construction of LACBWR and there is a photograph taken on the riverside of what appears to be a quite deep ditch.
It shows two men standing on a hillock then a sharp depression and then the rise to the railroad and the highway indicating that by the time the LACBWR Plaat was coming to construction this ditch no longer had water flowing and was simply a depression in the ground which, of course, was then later filled as part of the plant construction. Undoubtedly the filling for construction of Genoa #1 blocked off the water inlet into this area. There were homes then located out on the lots shown as an island in Figure 3.5.
The Dairyland Power Cooperative owns the land on either side of the gap and Wisconsin has a law which protects property users if they have prior use of property. That is to say, that if you use property in go'od faith for a specific purpose and it is later determined that due to survey inaccuracies, errors, etc. you do not actually own all of that property you are permitted to continue your exclusive use of that property for that purpose. This, of course, is to protect people who use property in good faith and later find out that there is a shift in survey.
If there should ever be any question beyond either the right of prior use or the ownership of adjacent pieces of property, the only entity who could have any claim on property which was once part of a channel or flowing water would be the federal government. And as a third of LACBWR's exlusion area is currently federal government property all federal government property within the exclusion area is covered by a letter of agreement so the area shown between government lot lines would also be covered by this letter of agreement which gives the licensee the right to control activities on that property in the event of emergencies.
JDP:eme WP-1.2.9