ML20046B510

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Notation Vote Approving w/comments,SECY-93-127 Re Financial Protection Required of Licensees of Large Nuclear Power Plants During Decommissioning
ML20046B510
Person / Time
Issue date: 06/22/1993
From: Curtiss
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 9308040315
Download: ML20046B510 (2)


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RELEASED TO THE PDR NOTATION V0TEj gg93 4

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RESPONSE SHEET T0:

SAMUEL J. CHILK, SECRETARY OF THE COMISSION i

FROM:

C0mISSIONER CURTISS l

SUBJECT:

SECY-93-127 - FINANCIAL PROTECTION REQUIRED OF LICENSEES OF LARGE NUCLEAR POWER PLANTS DURING DEC0lWISSIONING X/with APPROVED comments DISAPPROVED ABSTAIN j

i Nor PARTICIPATING REQUEST DISCUSSION,

j COMENTS:

I See attached comments.

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COM S N b

j CORRESPONDENCE PDR, RELEASE VOTE

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June 22, 1993 WITHHOLD VOTE

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l ENTERED ON "AS" YES x

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Commissioner Curtiss' comments on SECY-93-127:

My comments on the recommendations contained in SECY-93-127 follow:

1.

On the question of " rated capacity," I agree that we l

can reasonably interpret the statute to allow a finding l

that a facility does not have a " rated capacity of l

100,000 electrical kilowatts or more" when the NRC

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issues the possession-only license (POL) or takes other licensing action that removes the authorization to l

operate for the permanently-shutdown facility.

Since l

such a determination is necessary in order for the NRC to consider reducing primary coverage requirements, I believe that the Commission should formally codify a finding that "a facility will be deemed not to have a rated capacity of 100,000 electrical kilowatts or more when the NRC issues a POL or takes other licensing action that removes the authorization to operate for the permanently-shutdown facility."

I would suggest l

that this codification be a part of the rulemaking that l

the staff undertakes in addressing " Issue 2" below.

2.

On Issue 1, I approve Option B, which provides that I

after the requisite minimum spent fuel cooling period to proclude a zirconium fire has elapsed, the Commission would allow licensees of permanently shutdown large power reactors to withdraw from participation in the secondary financial protection layer.

I do not see a need to seek an opinion from the Attorney General on this approach.

3.

On Issue 2, I approve Option A, which provides that after the requisite minimum spent fuel cooling period to preclude a zirconium fire has elapsed, the Commission will issue exemptions to reduce the amount of primary financial protection to something on the order of $60 million to $100 million or such other amount as individual licensees might justify.

In parallel, the staff should proceed with rulemaking to codify the finding on " rated capacity" and the spent fuel cooling period, and ascertain an appropriate level of reduced primary coverage.

The Commission should also revisit the question of primary coverage for ISFSIs.

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