ML20154P517

Environ Assessment & Finding of No Significant Impact Re Temporary Exemption from 10CFR50.54(w)(5)(i) Requirements Concerning Increase in Amount of Onsite Property Damage Insurance Carried by Licensees

ML20154P517
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	09/27/1988
From:	Hernan R Office of Nuclear Reactor Regulation
To:
Shared Package
ML20154P491	List: ML20154P486 ML20154P517
References
NUDOCS 8810030087
Download: ML20154P517 (4)

Text

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, 7590-01 UQTED_STATESNUCLEARREGULATORYCOMMISSION CONNECTICUT YANKEE ATOMIC POWER COMPANY HADDAM NECK PLANT DOCKET NO. 50-213 ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT CONCERNING EXEMPTION FROM 10 CFR 50.54(w)(5)(1)

The U. S. Nuclear Regulatory Comission (the Comission) is considering I

issuanceofanexemptionfromtherequirementsof10CFR50.54(w)(5)(1)to Connecticut Yankee Atomic Power Company (the licensee) for the Haddam Neck Plant, located at the licensee's site in Middlesex County, Connecticut.

ENYlRONMENTAL ASSESSMENT i Identification of Proposed Action:

l On August 5, 1987, the NRC published in the FEDERAL REGISTER a final rule as4nding10CFR50.54(w). The rule increased the amount of on-site proper'.y damage insurance required to be carried by NRC's power reactor licensees. The rule also required the.e IIcenseas to obtain by October 4, 1988 insurance policies that prioritized insurance proceees for stabilization and decontamination after an accident and provided for payment of proceeds to an independent trustee who would disburse funds for decontemination and cleanup before any other purpose.

Subsequent to pubitcation of the rule, the NRC has been informed by insurers who offer nuclear property insurance that, despite a good faith effort to obtain trustees required by the rule, the decontamination priority and trusteeship fy0050087eeo,27 ADOCK 05000213 PDC

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, provisions 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 rulemaking, the Comission has proposed a revision of 10 CFR 50.54(w)(5)(i) extending the implementation schedule for 18 months (53 FR 36338, September 19, 1968). However, because it is unlikely that this rulemaking action will be effective by October 4,1988, the Comission is issuing a temporary exemption from the requirenants of 10 CFR 50.54(w)(5)(i) until corapletion of the pending rulemaking extending the implementation date specified in 10 CFR 50.54(w)(5)(1),

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

The heeo for The Proposed Action:

The exemption is needed because insurance complying with requirements of 10 CFR 50.54(w)(5)(i) is unavailable and because the temporary delay in implementation allowed by the exerption and associated rulemaking action will permit the Comission to reconsider on its merits the trusteeship provision of 10CFR50.54(w)(4).

Environmental Impacts of the Propo gd, Action:

With respect to radiological impacts on the environinent, the proposed exemption does not in any way offect the operation of licensed facilities.

Further, as noted by the Comission in the Supplementary Information accompanying the proposed rule, there are several reasons for concluding that delaying for a reascnable tire the irplerentation of the stabilization and 1

decontamination priority and trusteeship provisions of Section 50.54(w) will not adversely affect protection of public health and safety. First, during the e

3 period of delay, the licensee will still be required to carry $1.06 billion insurance. This is a substantial amount of coverage that provides a signifi-cent financial cushion to licensees to decontaminate and clean up ef ter 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-1! policies. Finally, there is only an extremely steall prob-ability of a serious accident occurring during the exemption period. Even if a serious accident giving rise to substantial insurance claims were to occur, NRC would be able to take appropriate enforcement action to assure edequate cleanup to protect public health and safety and the environment.

The proposed exemption does not effer,t radiological or nonradiological effluents from the site and has no other nonradiological impacts.

Alternatives to the Propose,d Action:

It has been concluded that there is no measurable impact associated with the proposed exemption; any alternatives to the exemption will have wither no environmental impact or greater environrnental impact.

Alternative Use of Resources:

This action does not involve the use of any resources beyond the scope of resources used during norni plant operation.

Agencies and Persons Consulted:

The staff did not consult other agencies or persons in connection with l

the proposed exemption, i

FINDING OF NO SIGNIFICANT IMPACT

Based upon the foregoing environmentel assessment, the Commission l concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the Commission has determined i

, not tc prepare an environn. ental impact statement for the proposed exemptiun.

Forinformationconcerningthisaction,seetheproposedrule(53FR36338),

. and the exemption which is being processed concurrent with this notice. A copy

of the exemption will be available for public inspection at the Commission's j public Document Room, 2120 L Street, NW, Washington, D.C., and at the

{ Russell Library,123 Broad Street, Middittown, Connecticut.

Dated at Rockville, fieryland this 27th day of September , 1988.

FOR THE NUCLEAR REGULATORY COMMISSION a

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l a Ronald W. Hernan, Acting Directer project Directorate I-4

Division of Reactor Projects I/!!

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