ML20154N961

Environ Assessment & Finding of No Significant Impact Re Exemption from Requirements of 10CFR50.54(w)(5)(i) Concerning Property Insurance

ML20154N961
Person / Time
Site:	Fort Saint Vrain
Issue date:	09/26/1988
From:	Wigginton D Office of Nuclear Reactor Regulation
To:
Shared Package
ML20154N959	List: ML20154N956 ML20154N961
References
NUDOCS 8809300062
Download: ML20154N961 (4)

Text

4 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PUBLIC SERVICE COMPANY OF COLORAJ FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50 267 ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT CONCERNING EXEMPTION FROM 10CFR50.54(w)(51(D The V. S. Nuclear Regulatory Comission (the Comission) is considering issuance of an exemption from the requirements of 10 CFR 50.54(w)(5)(1) to Public Service Corrpany of Colorado (the licensee) for the Fort St. Vrain Nuclear Generating Station, located at the licensee's site in Weld Cuenty, Colorado.

ENVIRONFENTAL ASSES 5 PENT lden,tificat_fon_of Proposed Action:

On August 5, 1087, the NRC published in the FEDERAL REGISTER a final rule arrending 10 CFR 50.54(w). The rule increased the amount of on-site property j damage insurance required to be carried by NRC's power reactor licensees. The rule also required these licensees to obtain by October 4,1988 insurance policies that prioritized insurance proceeds for stabilization and decontamination after an accident and provided for payment of proceeds to an independent trustee who would disburse funds for decontamination and cleanup before any other purpose.

Subsequent to publication of the rule, the NRC has been infonned by insurers who offer nuclear property insurance that, despite a good faith effort to obtain j trustees required by the rule, the decontamination priority and trusteeship hbk Obok bhb 67 y PDC

- + - - - - - . - - , , . - _ __ .

r .

2-provisiens will not be able to be incorporated into policies by the time ,

required in the rule. In response to these coments and related petitions for l i rulemaking, the Comission has proposed a revision of 10 CFR 50.54(w)(5)(i) extending the implerentation schedule for 18 months (53 FR 36338 September 19 I 1988). However, because it is unlikely that this rulemaking action will be l effective by October 4,1988, the Comission is issuing a temporary exemption l

fromtherequirementsof10CFR50.54(w)(5)(1)untilcompletionofthepending ruleraking extending the implementation date specified in 1C CFR 50.54(w)(5)(1),

but not later than April 1,1989. Upon completion of such rulemaking, the licensee shall cceply with the provisions of such rule. -

The Need for The Prop,osed Action:

l The exception is needed because insurance complying with requirements of l 10 CFR 50.54(w)(5)(i) is unavailable and because the temporary delay in l implenentacion allowed by the exemption and associated rulemaking action will j permit the Contrission to reconsider on its nerits the trusteeship provision of ICCFR50.54(w)(4).

Environtrental Impacts of_ the Proposed Action:

l With respect to radiological impacts on the environnent, the proposed l exerption does not in any way affect the operation of licensed facilities.

l Further, as noted by the Comission in the Supplerentary Infonnation i

l accorpanying the proposed rule, there are several reasons for concluding that l delaying for a reasonable time the implementation of the stabilization and l

l decontaminationpriorityandtrusteeshipprovisionsofSection50.54(w)willnot l adversely affect protection of public health and safety. First, during the l

l l

period of delay, the licensee will still be required to carry $1.06 billion ,

t insurance. This is a substantial amount of coverage that provides a signifi-cant financial cushion to licensees to decontaminate and clean up after an accident even without the prioritization and trusteeship provisions. Second, nearly 75% of the required coverage already is prioritized under the decontam-ination liability and excess property insurance language of the Nuclear Electric Insurance Limited-!! policies. Finally, there is only an extremely small rrcb-ability of a serious accident occurring during the exemption period. Even if a serious accident giving rise to substantial insuranct claims were to occur, NRC wculd be able to take sppropriate enforceFent action to assure adequate cleanup

• to protect public health and safety and the environment.

The proposed exemption dces not affect radiological or nonradiological effluents from the site and has no other nonradiological impacts.

Alternatives to the Proposed Action:

It has been concluded that there is no measurable impact associated with the proposed exemption; any alternatives to the exemptien will have eithar no l

environnental impact er greater environmental impact.

11 Alternative Use of Resources:

I This action does not involve the use of any resources beyond the scope of resources used during normal piant operation.

Agencies and Persons Consulted:

The staff did not consult other agencies or persons in connection with the proposed exemption.  :

i l

FINDING OF NO SIGNIFICANT IMPACT Based upon the foregoing environmental assessment, the Comission concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the Comission has determined not to prepare an environmental impact statement for the proposed exemption.

Tor information concerning this action, see the proposed rule (53 FR 36338),

and the exemption which is being processed concurrent with this notice. A copy o' the exemption will be available for public inspection at the Comission's Public Document Room, 7120 L Street, NW, Washington, D.C., and at the Creeley Public Library, City Complex Building, Greeley, Colorado.

Deted at Rockville, Maryland this 26th day of September , 1988.

FOR THE NUCLEAR REGULATORY COMMISSION X N 4

David L. W ton, Acting Director Project Directorate - IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation 6

__,-_r.,- , , , _ - _ _ _--r - _s_-__, _