ML20128D706
| ML20128D706 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 12/01/1992 |
| From: | Grimes B Office of Nuclear Reactor Regulation |
| To: | PUBLIC SERVICE CO. OF COLORADO |
| Shared Package | |
| ML20128D696 | List: |
| References | |
| NUDOCS 9212070357 | |
| Download: ML20128D706 (3) | |
Text
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UNITED STATES OF__ AMERICA
@flDR REGULATORY COMMISSION In the matter of PUBLIC SERVICE COMPANY Of COLORADO Docket No. 50-267 (fort St. Vrain Nuclear Generating )
Station)
U.Dif11Dlf 1.
The Public Service Company of Colorado (PSC or the licensee), is the holder of Possession Only License No. DPR-34 which authorizes possession and maintenance of the fort St. Vrain Nuclear Generating Station (FSV). The license states, among other things, that FSV is subject to all rules, regulations, and orders of the Commission now or hereafter in effect. FSV is 4 a high temperature gas cooled reactor that is located at the licensee's site in Weld County, Colorado. FSV is permanently shut down, defueled and currently in the process of being decommissioned. All spent fuel has been transferred to the PSC Independent Spent Fuel Storage Installation (ISFSI) that is located onsite, adjacent to the reactor protected area and is licensed
- under 10 CFR Part 72. PSC is the holder of SNM License No. 2504 for the ISFSI. ,
11.
Sect'on 50.54(q) of 10 CFR 50 requires a licensee authorized to possess a l
nuclear power reactor to follow and maintain in effect emergency plans which meet the standards of 10 CFR 50.47(b) and the requirements of Appendix t to L 10 CFR 50. Section 72.32 of 10 CFR 72 states that for an ISFSI that is located on a reactor site, the emergency plan required by 10 CFD 50.47 shall
{ be deemed to satisfy the requirements of that section. Section IV.F.2 of Appendix E to 10 CFR 50 requires an annual exercise of the emergency plan, t
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By letter dated May 13, 1992, PSC requested an exemption from the annual exercise requirements of 10 CFR 50, Appendix E, Section IV.F.2. based on ISV's permanent shutdown, defueled status and the acceptance of biennial exercises for byproduct materials in 10 CFR Part 30, for special nuclear materials in 10 CFR Part 70 and for ISFSis in the proposed amendment to 10 CFR Part 72 of february 25, 1992. The current FSV Decommissioning Emergency Response Plan of March 6, 1992, incorporates emergency preparedness provisions for the ISfSI.
The licensee stated in their application that they believed the underlying purpose of the annual exercise requirement is related solely to-an operating nuclear plant where operating risks are significant in contrast to a defueled plant.
i IV.
The staff agrees with the licensee's analyses and concludes that sufficient bases have been presented for our approval of the request for exemption from annual emergency plan exercises to be effective following conpletion of the next scheduled exercise. In addition, the staff finds that there are special circumstances presented that satisfy the requirements of 4 10 CfR 50.12(a)(2), Sections (ii) and (iii).
With respect to Section 11, application of the Appendix E, ar. .al exercise requirement would not serve the underlying purpose of a requirement that relates primarily to an operating nuclear reactor where reactor operational risks are significant in contrast to a defueled reactor such as FSV. Similarly, with respect to Section 111.- application of the' Appendix E, annual exercise requirement would result in costs that are significantly in a
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excess of those contemplated when the regulation was adopted. As stated in l l
relation to it above, the purpose of the Appendix E regulation is the safety l l
of an operating power reactor. l V.
Based on the above evaluation, the Commission 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 Commission hereby grants an exemption from 10 CFR 50, Appendix E, Section IV.Y.0 with respect to annual exercise requirements. The exeniption allows biennial exercises of the FSV Decommissioning Emergency Response Plan and will become effective following completion of the next scheduled exercise in December 1992.
r pursuant to 10 CFR 51.32, the Commission has determined that the r
granting of this exemption will not have a significant effect on the quality of the human environment (57 FR 56606 on November 30, 1992).
This exemption will become effective following the completion of the next exercise of the Decommissioning Emergency Response Plan, currently scheduled for December 1992, FOR Tile NUCLEAR REGULATORY COMMISSION rian K. Grimes, Director Division of Operating Reactor Support Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this December 1,1992
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