ML20057F219

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Exemption from Requirements of 10CFR50.54(q) Eliminating Licensee Requirement to Follow & Maintain in Effect Emergency Plans
ML20057F219
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 09/30/1993
From: Greeves J
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
LONG ISLAND POWER AUTHORITY
Shared Package
ML20057F208 List:
References
NUDOCS 9310140304
Download: ML20057F219 (8)


Text

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[7590-01]

i UNITED STATES OF AMERICA 4

NUCLEAR REGULATORY COMMISSION

_j In the matter of

)

)

f LONG ISLAND POWER AUTHORITY

)

Docket No. 50-322

)

(Shoreham Nuclear Power Station

)

Unit 1)

)

EXEMPTION I.

The Long Island Power Authority (LIPA or the licensee), is the holder of Possession-Only License No. NFP-82, which authorizes possession and raintenance of the Shoreham Nuclear Power Station, Unit 1 (SNPS). The license states, among

[

other things, that SNPS is subject to all rules, regulations, and orders of the f

U. S. Nuclear Regulatory Commission now or hereafter in effect.

SNPS is a 1

boiling-water reactor located in the town of Brookhaven, Suffolk County, New

)

York, about 50 miles east of New York City on the north shore of Long Island.

SNPS is permanently shut down and currently in the process of being decommissioned. Decommissioning of SNPS is approximately 75 percent complete.

LIPA estimates that the facility license will be termir ated and the facility will be released for unrestricted use in 1995.

l The reactor is perhanently defueled, and all the fuel assemblies are i

currently stored in the Spent Fuel Storage Pool. At the time of the plant's final shutdown (June 1987), the average fuel burnup was calculated to be i

approximately two effective full-power days.

Because the fuel heat decay rate l

is low (220 watts), active cooling of the fuel is not required.

In addition, LIPA has entered into a contract with Philadelphia Electric Company to sell the fuel.

Fuel transfer was initiated in September 1993, and will be completed by December 1994.

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i By letter dated January 26, 1993, LIPA requested an exemption, in accordance

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with 10 CFR 50.12, from the requirements of 10 CFR 50.54(q) of the Code of Federal Reaulations.

Section 50.54(q) of 10 CFR Part 50 requires a licensee i

authorized to possess a nuclear power reactor to follow and maintain in effect emergency plans that meet the standards of 10 CFR 50.47(b) and the requirements 1

of Appendix E, to 10 CFR Part 50.

On July 31, 1990, LIPA was granted partial relief from the requirements of 10 CFR 50.54(q). The July 31, 1990, exemption

[

granted LIPA relief from the requirements to maintain off-site emergency response L

capability, and the SNPS Defueled Emergency Preparedness Plan (DEPP) was l

implemented to address on-site emergency response. LIPA is currently requesting j

an exemption from the DEPP because.

1) SNPS is now permanently shut down; 2)

I decommissioning of SNPS is approy.imately 75 percent complete, and nearly all the i

radioactive material except for the fuel has been removed from the site; 3) SNPS is permanently defueled, and the fuel source term inventory and decay heat are even lower than the levels that existed in 1990 when relief from off-site emergency response was granted; 4) there is an insignificant radiological risk

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to the off-site population from any credible accident scenario; 5) SNPS has existing plant procedures to address any events that may require an on-site emergency response; and 6) because there is an insignificant radiological risk to offsite population from any credible accident scenario, the annual cost of

$500,000 per year to maintain the DEPP is unwarranted and poses an undue hardship on LIPA. The licensee also stated, in its application for the exemption, that it believed that the underlying purpose of the requirements of 10 CFR 50.54(q) is related to an operating nuclear plant where potential operating risks are 1

greater in contrast to a defueled plant.

i I

3 Y

III.

l The staff agrees with the licensee's analyses and concludes that sufficient l

bases have been presented for our approval of the request for exemption from emergency plan requirements of 10 CFR 50.54(q).

In addition, the staff also agrees that t6e limited spectrum of accidents that potentially could occur at i

SNFS would not result in a radiological release that could produce off-site doses in excess of the U.S. En ironmental Protection Agency's (EPA) " Protective Action i

Cuidelines," and would not require protective action for members of the public.

i for the worst-case fuel damage accident (based on all 560 fuel-element assemblies l

being damaged, and the release of all of their fission gases) the whole-body dose to an individual is 1.08 mrems located at the exclusion area comparcd to the j

lowest dose (1000 mrems) at which taking protective actions would be required l

under EPA guidelines.

t The staff finds that the special circumstances presented by LIPA satisfy the requirements of 10 CFR 50.12(a)(2), Sections (ii) and (iii), and would not serve the underlying purpose of a requirement that relates primarily to an operating reactor where reactor operational risks are greater in contrast to a defueled reactor such as SNPS.

IV.

Based on the ab)ve waluation, the NRC 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 security.

Accordingly, the NRC hereby grants an exemption from 10 CFR 50.54(q).

t i

4 The exemption grants relief from the requirement to maintain and implement the SNPS DEPP.

Pursuant to 10 CFR 51.32, the NRC has determined that the granting of this t

exemption will not have a significant effect on the quality of the human environment (September 22, 1993, 58 FR 49332).

A copy of the licensce's request for exemption and supporting documentation dated January 26, 1993, and the NRC staff's Safety Evaluation report are available for public inspection at the NRC's Public Document Room, 2120 L Street, N.W., Washington, DC 20037, and at the Shoreham Wading River Public Library, Shoreham Wading River High School, Route 25A, Shoreham. NY 11792.

I This exemption will become effective on issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

[ Original signed by]

l John T. Greeves, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland this day of

, 1993.

TAC 750286

  • SEE PREVIOUS CONCURRENCE DISTRIBUTION:

Central File NMSS r/f LLWM r/f JSurmeier MBell MWeber TCJohnson JKinneman/RI JCopeland OC/LFMB.

SWeiss/NRR RErickson/NRR NMSS:EKraus:TechEd Mark Small Boxes in Concurrence Block to Define Distribution' Copy Preference.

In small Box on "0FC:" line enter: C = Cover E = Cover & Enclosure N = No Copy,e OFC LLDR*

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am NAME CPittiglio LBell RFonner JAustin RErickson PLohaus J0 reeves 5

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Path & File Name:s:\\llwmtype\\cecilia\\SNPPEXEM OFFICIAL RECORD COPY In small Box on "DATE:" line enter: M = E-Mail Distribution Copy H = Hard Copy PDP. : YES NO Category:

Proprietary or CF Only ACNW: YES NO Delete file after di tribution Yes No s

IG: YES NO _

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4 The exemption grants relief from the requirement to maintain and implement the SNPS DEPP.

Pursuant to 10 CFR 51.32, the NRC has determined that the granting of this exemption will not have a significant effect on the quality of the human environment (

, 1993, FR

).

A copy of the licensee's request for exemption and supporting documentation dated January 26, 1993, and the NRC staff's Safety Evaluation report are available for public inspection at the NRC's Public' Document Room, 2120 L Street, N.W., Washington, DC 20037, and at the Shoreham Wading River Public Library, Shorcham Wading River High School, Route 25A, Shoreham, NY 11792.

This exemption will become effectiv'e on issuance.

FOR THE NUCLEAR REGULATOR ( COMMISSION

[ Original signed by]

John T. Greeves, Director Division of Low-level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards Dated at Rockville, Mahyland this day of

, 1993.

/

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TAC #5'286

  • SEE PREVIOUS CONCURRENCE 0

DISTRIBUTION: Central File NMSS r/f LLWM r/f JSurmeier Pt%ees MW MWeber TCJohnson JKinneman/RI

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Path & File Name:s:\\llwmtype\\cecilia\\SNPPEXEM OFFICIAL RECORD COPY In small Box on "DATE:" line enter: M = E-Mail Distribution Copy H = Hard Copy PDR : YES _1 NO Category:

Proprietary or CF Only ACNW: YES NO X

Delete file after distribution Yes 1_ No IG: YES NO %

4 A copy of the licensee's request for exemption and supporting documentation

/

is available for public inspection at the dommission's dated January 26, 1993, Public Document Room, 2120 L Street, N.W., Washington, DC 20037, and at the Shoreham Wading River Public Library, Shoreham Wading River High School, Route 25A, Shoreham, NY 11792.

This exemption will become effective on issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

[0riginal signed by]

John T. Greeves, Director

~

Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland this day of

, 1993.

TAC #50286

  • SEE PREVIOUS CONCURRENCE DISTRIBUTION: Central File NMSS r/f LLWM r/f JSurmeier Plohaus MWeber TCJohnson JKinneman/RI JCopeland OC/LFMB SWeiss/NRR RErickson/NRR NMSS:EKraus:TechEd Mark 'Small'_ Boxes'^iniconcurrence BlohkLtoiDsfine'^Distfibution Cop.vfrefersnces In small Box on "0FC:" line' enter:~ C = Cover E = Cover & Enclosure N = No Copy 0FC LLDR*

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Delete file af ter distribution Yes X No ACNW: YES NO 1 IG: YES N0

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4 A copy of the licensee's request for exemption and supporting documentation dated January 26, 1993, is available for public inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, DC 20037, and at the l

1 Shoreham Wading River Public Library, Shoreham ' Wading River High School, Route 25A, Shoreham, NY 11792.

This exemption will become effective on issuance.

FOR THE NUCLEAR REGULATORY COMMISSION

[ Original signed by]

' Richard L. Bangart, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards Dated at Rockville, Maryland this day of

, 1993.

l DISTRIBUTION:

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