ML20058D629
| ML20058D629 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 11/19/1993 |
| From: | Brown S Office of Nuclear Reactor Regulation |
| To: | Shelter J SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| Shared Package | |
| ML20058D632 | List: |
| References | |
| TAC-M79907, NUDOCS 9312030237 | |
| Download: ML20058D629 (5) | |
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UNITED STATES a hd*1 NUCLEAR REGULATORY COMMISSION r
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WASHINGTON. D.C. 23556-0001 November 19, 1993
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i Docket No. 50-312 i
Mr. James R. Shetler Deputy Assistant General Manager, Nuclear I
Rancho Seco Nuclear Generating Station 14440 Twin Cities Road i
Herald, California 95638-9799
Dear Mr. Shetler:
SUBJECT:
EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 140.11(a)(4) FOR THE RANCHO SECO NUCLEAR GENERATING STATION (TAC NO. M79907)
In response to your letter dated November 14, 1990, and supplemented by your letter dated October 15, 1992, the Commission has issued the enclosed exemption from the requirements from 10 CFR 140.II(a)(4) to the extent that primary financial protection in the amount of $100,000,000 shall be maintained and exemption from participation in the industry retrospective rating plan (secondary level financial protection) is granted for the Rancho Seco Nuclear Generating Station.
This exemption is based upon the Staff Requirements Memorandum (SRM) dated July 13, 1993, from the Commission on SECY-93-127 which instructed the staff to allow, after the requisite minimum spent fuel cooling period has elapsed, a reduction in the amount of financial protection required of licensees of large nuclear plants that have been prematurely shut down. The reduction in financi.al protection includes withdrawal from participation in the industry retrospective rating plan and a reduction of primary level coverage to
$100,000,000.
The Commission has determined, pursuant to 10 CFR 140.8, that this exemption is authorized by law and is otherwise in the public interest. The exemption is enclosed and is being forwarded to the Office of the Federal Register for publication.
In your letter dated November 14, 1990, you also requested an exemption to the requirements of 10 CFR 140.21, 10 CFR 140.92 Appendix B, and 10 CFR 140.109 Appendix I as they pertain to participation in the industry retrospective rating plan.
Since this exemption allows termination of participation in the industry retrospective rating plan, an exemption to the requirements of 10 CFR 140.21, 10 CFR 140.92 Appendix B, and 10 CFR 140.109 Appendix I is not warranted because relevant regulations that pertain to participation in secondary level financial protection would no longer be applicable to your facility.
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Mr. James R. Shetler November 19, 1993 In your letter dated November 14, 1990, you submitted application pursuant to 10 CFR 140.92 Article 11 Section 7 to enter into an agreement with the Commission to maintain an equitable amount of financial protection commensurate with the current plant condition. This regulation authorizes the i
Commission to enter into an agreement with a licensee to reduce the amount of financial protection required upon expiration or revocation of any license, provided that the licensee is entitled to a reduction in the amount of financial protection under applicable Commission regulations and orders.
However, since you still retain a license, facility Operating License (Possession Only License) No. DPR-54, that has neither expired nor been revoked, conditions do not now exist that would authorize the Commission to enter into an agreement with you to further reduce the amount of financial protection beyond that allowed by the enclosed exemption. Although your license has been modified to authorize " possession only" and to prohibit power operations, this does not constitute a license " revocation.*
We believe that the enclosed exemption will address the concerns you identified in your request.
If you have any questions, you may contact me at (301) 504-3143.
v Sincerely, ORIGIEL SIGNED BY s
Stewart W. Brown, Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Operating Reactor Support 4
Office of Nuclear Reactor Regulation
Enclosures:
1.
Exemption 2.
Environmental Assessment and Finding of No Significant Impact 1
cc w/ enclosures:
See next page DISTRIBUTION:
Docket File 50-312 DORS r/f SBrown PDRs OGC (15-B-18)
ONDD r/f EJordan (MNBB 3701)
TMurley/FMiraglia (12-G-18)
GHill (2) (P-137)
JPartlow (12-G-18)
ACRS (10) (P-315)
ERossi (9-A-2)
OPA (2-G-5)
JLieberman (7-H-5)
SECY (Orders only)
BGrimes 0C/LFDCB (MNBB 4503)
SWeiss JMitchell, EDO (14-B-20)
RDudley Region V EHylton JAustin (5-E-4)
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Mr. James R. Shetler November 19, 1993 In your letter dated November 14, 1990, you submitted application pursuant to 10 CFR 140.92 Article II Section 7 to enter into an agreement with the Commission to maintain an equitable amount of financial protection commensurate with the current plant condition. This regulation authorizes the i
Commission to enter into an agreement with a licensee to reduce the amount of financial protection required upon expiration or revocation of any license; i
provided that the licensee is entitled to a reduction in the amount of financial protection under applicable Commission regulations and orders.
However, since you still retain a license, Facility Operating License (Possession Only License) No. DPR-54, that has neither expired nor been revoked, conditions do not now exist that would authorize the Commission to enter into an agreement with you to further reduce the amount of financial l
protection beyond that allowed by the enclosed exemption. Although your license has been modified to authorize " possession only" and to prohibit power operations, this does not constitute a license " revocation."
l i
We believe that the enclosed exemption will address the concerns you identified ic your request.
If you have any questions, you may contact me at (301) 504-3143.
Sincerely, ORIGINAL SIGNED BY Stewart W. Brown, Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Operating Reactor Support Office of Nuclear Reactor Regulation
Enclosures:
1.
Exemption 2.
Environmental Assessment and finding of No Significant Impact cc w/ enclosures:
See next page DISTRIBUTION:
Docket file 50-312 LORS r/f SBrown PDRs OGC (15-B-18)
ONDD r/f EJordan (MNBB 3701)
TMurley/FMiraglia (12-G-18)
GHill (2) (P-137)
JPartlow (12-G-18)
ACRS (10) (P-315)
ERossi (9-A-2)
OPA (2-G-5)
JLieberman (7-H-5)
SECY (Orders only)
BGrimes 0C/LFDCB (MNBB 4503)
SWeiss JMitchell, EDO (14-B-20)
RDudley Region V EHylton JAustin (5-E-4)
AMarkley AGody (12-G-18)
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RDudley LClark 11/1/93 :NYO 11/{/93 11/ /93 11/ /93 i
0FFICIAL RECORD COPY DOCUMENT NAME: A:M79 07.AM -(RANCHO SECO #3 DISK)
i Mr. James R. Shetler 1 In your letter dated November 14, 1990, you submitted application pursrant to 10 CFR 140.92 Article II Section 7 to enter into an agreement with the Commission to maintain an equitable amount of financial protection commensurate with the current plant condition. This regulation authorizes the Commission to enter into an agreement with a licensee to reduce the amount of financial protection required upon expiration or revocation of any license-provided that the licensee is entitled to a reduction in the amount of financial protection under applicable Commission regulations and orders.
However, since you still retain a license, Facility Operating License (Possession Only License) No. DPR-54, that has neither expired nor been revoked, conditions do not now exist that would authorize the Commission to enter into an agreement with you to further reduce the amount of financial protection beyond that allowed by the enclosed exemption. Although your license has been modified to authorize " possession only" and to prohibit power operations, this does not constitute a license " revocation."
We believe that the enclosed exemption will address the concerns you identified in your request.
If you have any questions, you may contact me at (301) 504-3143.
Sincerely, Stewart W. Brown, Project Manager Non-Power Reactors and Decommissioning i
Project Directorate Division of Operating Reactor Support Office of Nuclear Reactor Regulation
Enclosures:
i 1.
Exemption 2.
Environmental Assessment and Finding of No Significant Impact l
cc w/ enclosures:
See next page l
=
I
i Mr. James R. Shetler Rancho Seco Nucle w Generating Station Docket No. 50-312 cc:
Mr. S. David Freeman, General Manager Mr. Thomas D. Murphy Sacramento Municipal Utility District Atomic Safety and Licensing Board 6201 S. Street Panel 1
P. O. Box 15830 U.S. Nuclear Regulatory Commission Sacramento, California 95813 Washington, D.C.
20555 r
Thomas A. Baxter, Esq.
Ms. Helen Hubbard Shaw, Pittman, Potts & Trowbridge P. O. Box 63 j
2300 N. Street, N.W.
Sunol, California 94586 Washington, D.C.
20037 Ms. Jan Schcci, General Counsel Mr. Jerry Delezinski Sacramento Municipal Utility Licensing Supervisor District Sacramento Municipal Utility District 6201 S. Street Rancho Seco Nuclear Generating Station P. O. Box 15830 14440 Twin Cities Road Sacramento, California 95813 1
Herald, California 95638-9799 l
James P. McGranery, Jr., Esq.
Mr. Robert B. Borsum, Licensing Dow, Lohnes & Albertson Representative Attorneys At Law B & W Nuclear Technologies Suite 500 Nuclear Power Division 1255 Twenty-Third Street, N.W.
1700 Rockville Pike - Suite 525 Washington, D.C.
20037-1194 Rockville, Maryland 20852 Mr. Steve Shu Regional Administrator, Region V Radiologic Health Branch U.S. Nuclear Regulatory Commission State Department of Health Services 1450 Maria Lane, Suite 210 P. O. Box 942732 i
Walnut Creek, California 94596 Sacramento, California 94234 Sacramento County i
Board of Supervisors i
700 H. Street, Suite 2450 Sacramento, California 95814 i
Mr. Leo Fassler Assistant General Manager and l
Chief Operations Officer Sacramento Municipal Utility District 6201 S. Street F. O. 15830 j
Sacramento, California 95852-1830 t
Mr. Charles Bechhoefer, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission I
Washington, D.C.
20555 i
Mr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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