ML20148S460
| ML20148S460 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 04/01/1988 |
| From: | Erickson P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20148S438 | List: |
| References | |
| NUDOCS 8804180458 | |
| Download: ML20148S460 (6) | |
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o UNITED STATES NUCLEAR REGULATORY COMMISSION DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY LICENSE AND OPPORTUNITY FOR HEARING
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The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Provisional License No. DPR-45, issued to Dairyland Power Cocperative (the licensee), for the Lacrosse Boiling Water Reactor (LACBWR) located in Vernon County, Wisconsin. The amendment would involve approval of the LACBWR Decomissioning plan and associated Technical Specifications (TS) and an extension of Provisional License No. DPR-45.
On April 30 1987 LACBWR was permanently shutdown. All spent fuel has been transferred from the reactor to the Spent Fuel Storage Well and License No. DPR-45 amended to possess-bu't-not-operate status. This amendment would accomplish the following:
1)
Approval of the licensee's Decomissioning Plan which involves 30-50 years of on-site storage of residual radioactivity followed by its removal (SAFSTOR). The licensee also proposes to retain spent fuel onsite in the Fuel Element Storage Well until a Federal repository is available for spent fuel disposal. The Decomissioning Plan analyzes the proposed monitor.ing, maintenance and operation of the spent fuel poo1 and the monitoring and maintenance of the remainder of the facility.
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% 1 The Plan also analyzes potential accidents at the facility and the controls established for radiation protection and the prevention of the release of radioactivity from the site. A supplement to the LACBWR Environmental Report submitted with the Decomissioning Plan analyzes the environmental impacts of the SAFSTOR decomissioning option; 2)
Revision of the TS to reflect the long term storage of fuel rad residual radioactivity onsite. The TS requirements would be re,.ed to reflect the SAFSTOR status such as requirements for radiation monitoring, facility maintenance and Fuel Element Storage Well operations.
I 3)
Extension of License No. DPR-45 for 40 additional years to be consistent with 10 CFR'00.51 which restricts the period of time of a license extension to 40 years from the date of issuance and also consistent with the licensees Decomissioning Plan which requests approval of a 30 to 50 year SAFSTOR period followed by facility dismantling.
Prior to issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
By May 9, 1988
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility
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7.
1,
. license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in tne proceeding must file a written request for hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's "P"b of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or pe'tition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary or the designated Atomic Safety and i
Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, finan:ial, or other interest in the proceeding; and (3) tta possible effect of any order which may be entered in the proceeding 6n the petitioner's interest. The petition should also identify the specific aspect (s) of the subject niatter of the proceeding as to which petitioner wishes to
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intervene. Any person who has filed a petition for leave to intervene j
or who has been admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amanded petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing con-ference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration.
A petitioner who fails to file such a supplement which satisfies these
~
requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervsne, and have the opportunity te participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervne shall be filed with the Secretary of the Connission, United Statet Nuclear Regulatory Commission, Washington, D.C.
20555, Attention: Docketing and Service Branch, or may be delivered to the Connission's Public Document
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% Room, 1717 H Street, N.W., Washington, D.C., by the above date. Where
. petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000 [in Missouri 1-800-342-6700). The Western Union f
operator should be given Datagram Identification Number 3737 and the following message addressed to Lester S. Rubenstein: petitioner's name and telephone number; date Petition was mailed; plant name; and publication i
date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S, Nuclear Regulatory Commission, Washington, D.C.
20555, and to Kevin P. Gillen, Esq., Newman ar.d Holtzinger, P.C.,1615 L Street, N.W., Washington, D.C.
20036, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, stoplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
If a request for hearing is received, the Comission's staff may issue the amerdment after it completes its technical revier and prior to the completion of any reovired hearing if it publishes a further notice
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a, O for public coment of its propossd finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated December 21, 1987 as revised February 22, 1988 which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the Lacrosse Public Library, 800 Main Street, Lacrosse, Wisconsin 54601.
Dated at Rockville, Maryland, thi'; let day of April 1988.
FOR THE NUCLEAR REGULATORY ComISSION A
Ptter B. Erickson, Project Manager Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulation 4
O UNITED STATES NUCLEAR REGULATORY COMMISSION DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Provisional License No. DPR-45, issued to Dairyland Power Cooperative (the licensee), for the Lacrosse Boiling Water Reactor (LACBWR) located in Vernon County, Wisconsin. The amendment would involve approval of the LACBWR Decomissioning plan and associated Technical Specifications (TS) and an extension of Provisional License No. DPR-45.
On April 30 1987 LACBWR was permanently shutdown. All spent fuel has been transferred from the reactor to the Spent Fuel Storage Well and License No. DPR-45 amended to possess-bu't-not-operate status. This amendment would accomplish the following:
1)
Approval of the licensee's Decomissioning Plan which involves 30-50 years of on-site storage of residual radioactivity followed i
by its removal (SAFSTOR).
The licensee also proposes to retain spent fuel onsite in the Fuel Element Storage Well until a j
Federal repository is available for spent fuel disposal. The Decomissioning Plan analyzes the proposed monitoring, maintenance and operation of the spent fuel pool and the monitoring and maintenance of the remainder of the facility.
1-
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. The Plan also analyzes potential accidents at the facility and the controls established for radiation protection and the prevention of the release of radioactivity from the site. A supplement to l
the LACBWR Environmental Report submitted with the Decomissioning Plan analyzes the environmental impacts of the SAFSTOR decomissioning option; 2)
Rev'sion of the TS to reflect the long term storage of fuel and residual radioactivity onsite.
The TS requirements would be revised to reflect the SAFSTOR status such as requirements for radiation monitoring, facility maintenance and Fuel Element Storage Well operations.
3)
Extension of License No. DPR-45 for 40 additional years to be consistent with 10 CFR 50.51 which restricts the period of time of a license extension to 40 years from the date of issuance and also consistent with the licensees Decomissioning Plan which requests approval of a 30 to 50 year SAFSTOR period followed by facility dismantling.
Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Cormission's regulations.
By MAY 0 91968
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility 1
1
. license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's "Rules of Practice for Domestic Licensing
~
Proceedings" in 10 CFR Part 2.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR %2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding.
The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject riatter of the proceeding as to which petitioner wishes to
~4-intervene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
i Not later than fifteen (15) days prior to the first preher.ing con-ference scheduled in the proceeding, a petitioner shall file a supplement l
to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be i
limited to matters within the scope of the amendment under consideration.
l A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Connission, United States Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
. Room, 1717 H Street, N.W., Washington, D.C., by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000[inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Lester S. Rubenstein: petitioner's name and telephone number; date Petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition j
should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to Kevin P. Gallen, Esq., Newman and Holtzinger, P.C., 1615 L Street, N.W., Washington, D.C.
l 20036, attorney for the licensee, Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions aad/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the I
presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
If a request for hearing is received, the Comission's staff may issue the anendment after it cormletes its technical review and prior to the completion of any required hearing if it publishes a further notice
. for public coment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated December 21, 1987 as revised February 22, 1988 which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the Lacrosse Public Library, 800 Main Street, Lacrosse, Wisconsin 54601.
Dated at Rockville, Maryland, this 1st day of April 1988.
FOR THE NUCLEAR REGULATORY COMMISSION A
Peter B. Erickson, Project Manager i
Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation i
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DISTRIBUTION:
April 1, 1988 M t Files (50-409 M PSNDP Reading l
ooCKET NO. 50-409 EGHylton f
PErickson t
W and Procedures Bre h0Et00RAN0008 FOR:
N of Rules and Records FIngrain, PA Office of Admerustration and Resources Management FROte:
Office of Nucieer Reactor Regulabon I
susacT:
NOTICE OF CCDISIDERATION OF ISSUANCE OF AMENDMENT - LA CROSSE One signed original of the Federal Register Notice identified below is enclosed for your transmittal to the Office of the Federal Register for publication. Additional conformed copies (
5
) of the Notice are enclosed for your use.
Notice of Receipt of Application for Construction Permit (s)and Operating License (s).
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Notice of Receipt of Partial Application for Construction Permit (s)and Facility License (s) Time for Submission of Views on Antitrust Matters.
j Notice of Consideration of issuance of Amendment to Facility Oporating License.
Notice of Receipt of Application for Facility License (s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of lasuance of Facility License (s) and Notice of Opportunity for Hearing.
Notice of Availability of NRC Draft / Final Environmental Statement.
l Notice of Limited Work Authorization.
Notice of Availability of Safety Evaluwon Report.
1 i
Notice of lasuance of Construction Permit (s).
I Notice of issuance of Facility Operating License (s)or Amendment (s).
Ordv.
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Exemption.
I Notice of Granting Exemption.
Environmental Assessment.
I Nctice of Preparation of Environmental Assessment.
Other: Er 6;; ;1g; @_g gty 1
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Office of Nuclear Reactor Regulation l
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Enclosure:
As stated
Contact:
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Phone:
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OFFICIAL RECORD CbPY w:e re:u sie noisoi ~=cw on4o b.
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