ML20196L759
| ML20196L759 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 09/28/2020 |
| From: | John Lubinski Office of Nuclear Material Safety and Safeguards |
| To: | Sauger J Energy Solutions |
| Doell M | |
| References | |
| EA-06-243, EA-06-244 | |
| Download: ML20196L759 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 28, 2020 EA-06-243 EA-06-244 Mr. John Sauger President and Chief Nuclear Officer Reactor D&D EnergySolutions 121 W. Trade Street, Suite 2700 Charlotte, NC 28202
SUBJECT:
LA CROSSE BOILING WATER REACTOR - WITHDRAWAL OF NRC ORDERS EA-06-243 AND EA-06-244 RELATED TO THE HANDLING OF SAFEGUARDS INFORMATION
Dear Mr. Sauger:
By letter dated June 15, 2020 (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML20171A521), LaCrosseSolutions, LLC (LS, the licensee), requested that the U.S. Nuclear Regulatory Commission (NRC) rescind two orders related to the handling of safeguards information (SGI) at the decommissioning La Crosse Boiling Water Reactor (LACBWR) in Genoa, Wisconsin. The subject orders are NRC Order EA-06-243, Order Imposing Requirements for the Protection of Certain Safeguards Information, and NRC Order EA-06-244, Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information, both dated November 15, 2006.
The orders require the licensee to implement specific requirements to ensure proper handling and protection of SGI during the period of SAFSTOR at the LACBWR facility, which was permanently shutdown in August 1987.Section III of the orders gives the Director of the NRC Office of Nuclear Material Safety and Safeguards (formerly the Office of Federal and State Materials and Environmental Management Programs) the authority to relax or rescind any or all of the conditions of the orders upon demonstration by the licensee of good cause.
In response to the orders, the LACBWR Physical Security Plan (PSP) and its associated implementing procedures were revised, as necessary, to comply with the requirements contained in the orders. At the time the orders were issued, the site consisted of a permanently shutdown reactor with spent fuel stored in the fuel element storage well (FESW). Since that time, the LACBWR PSP and implementing procedures have been modified, as necessary, to account for changes at the site while constructing and operating an Independent Spent Fuel Storage Installation (ISFSI).
The movement of spent fuel from the FESW to the ISFSI was completed in 2012, and physical decommissioning activities associated with the Part 50 facility were completed in 2019. As a result, the decommissioning reactor site no longer has an active physical protection program.
J. Sauger The LACBWR PSP has been revised to only address implementation of a physical protection program at the ISFSI related to the security of spent fuel and the protection of related SGI. The revised PSP does not include the former reactor site. All documents and other information containing SGI have been relocated and are maintained at the LACBWR ISFSI. The revised LACBWR ISFSI PSP was approved by the NRC on June 20, 2012 (ADAMS Accession No. ML120260728).
In its June 15, 2020, letter the licensee requested that the NRC rescind Orders EA-06-243 and EA-06-244. The licensee stated that good cause exists to rescind NRC Orders EA-06-243 and EA-06-244 because the requirements in those orders are captured by the following NRC regulations: 10 CFR 73.21, Protection of Safeguards Information: Performance Requirements, 10 CFR 73.22, Protection of Safeguards Information: Specific Requirements, 10 CFR 73.23, Protection of Safeguards Information: Specific Requirements, and 10 CFR 73.57, Requirements for criminal history records checks of individuals granted unescorted access to a nuclear facility, a non-power reactor, or access to Safeguards Information.
The NRC amended Title 10 of the Code of Federal Regulations (10 CFR) Part 73, Physical Protection of Plants and Materials, through a final rule titled Protection of Safeguards Information, which the agency published in the Federal Register on October 24, 2008 (73 FR 63545). The rule became effective on February 23, 2009. The rulemaking codified the applicable security requirements that the NRC previously imposed through NRC Orders EA-06-243 and EA-06-244.
As a generally licensed ISFSI, LACBWR is required to comply with 10 CFR 72.212(b)(9)(vi).
This regulation states, in part, that the licensee shall protect SGI against unauthorized disclosure in accordance with the requirements of 10 CFR 73.21, 10 CFR 73.22, and 10 CFR 73.23. In addition, consistent with 10 CFR 73.22(b)(1), LACBWR is also required to comply with the requirements in 10 CFR 73.57. During the initial LACBWR ISFSI security inspection in 2012, and subsequent inspections thereafter, NRC inspectors have verified the licensees compliance with 10 CFR 73.21, 10 CFR 73.22, 10 CFR 73.23, and 10 CFR 73.57.
The NRC staff has determined that the requirements imposed by Orders EA-06-243 and EA-06-244 have been codified in Part 73 of NRCs regulations. In addition, the NRC staff has determined that the LACBWR ISFSI is in compliance with the relevant regulatory requirements in Part 73. Therefore, the NRC staff concludes that the licensee has demonstrated good cause to withdraw Orders EA-06-243 and EA-06-244. All other regulatory requirements, including security requirements for the LACBWR ISFSI contained in Order EA-09-118, Additional Security Measures and Fingerprinting for Unescorted Access for the LACBWR ISFSI, remain applicable and are not impacted by rescission of these orders. Accordingly, based upon the authority granted to the Director, Office of Nuclear Material Safety and Safeguards, NRC Order EA-06-243 and NRC Order EA-06-244 are withdrawn in their entirety.
J. Sauger Should you have any questions regarding this matter, please contact myself or Marlayna Doell at 301-415-3178 or via e-mail at Marlayna.Doell@nrc.gov.
Sincerely, Digitally signed by John W. John W. Lubinski Date: 2020.09.28 Lubinski 18:03:46 -04'00' John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-409 and 72-046 License No.: DPR-45 cc: Distribution via ListServ
ML20196L759 *via email OFFICE NMSS/DUWP/RDB/PM* NMSS/DUWP/RDB* NSIR/DPCP/MSB/SS*
NAME MDoell JHickman DGarner DATE 7/13/2020 7/15/2020 8/3/2020 OFFICE NSIR/DPCP/MSB/BC* NMSS/RDB/BC* NMSS/DUWP/D*
NAME ARivera BWatson PHolahan DATE 8/3/2020 8/12/2020 8/25/2020 OFFICE OE* OGC - NLO* NMSS/TechEd*
NAME GWilson RSusko LMoorin DATE 9/4/2020 9/16/2020 9/18/20 OFFICE NMSS/D*
NAME JLubinski DATE 9/28/2020