ML20198M873
| ML20198M873 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20198M839 | List: |
| References | |
| SECY-97-186-C, NUDOCS 9710300084 | |
| Download: ML20198M873 (5) | |
Text
_-_
b' O T A T I O N V O T E RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-186 - CHANGES TO THE FINANCIAL PROTECTION REQUIREMENTS FOR PERMANENTLY SHUTDOWN NUCLEAR POWER REACTORS,10 CFR 50.54(w) AND 10 CFR 140.11 Approved i
Disapproved Abstain Not Participating Request Discussion l
COMMENTS:
See attached comments and edited pages.
3 n.
SIGNATURE 00 () /)
Release Vote / Y/
11, li'l7 DATEV Withhold Vote /
/
Entered on "AS" Yes +
No li 8aS 7Ja8 6 CORRESPONDENCE PDR
COMMISSIONER McGAFFIGAN'S COMMENTS ON SECY-97-186 I approve the staff's request to issue the proposed rule that would amend financial-protection requirements for permanently shutdown nuclear power reactors, subject to the editorial corrections noted in the attached pages.
-In general. I agree with the Chairman's comment that the staff should consider the impact of a declining-number of operating reactor licensees on the existing financial protection and indemnity requirements necessary to comply
-with the provisions of the Price-Anderson Act. as amended.
However, we have not reached the point at which time is of the essence for such an evaluation, and I believe that the staff need undertake such an evaluation simply as a routine matter when staff resources permit, absent the premature permanent shutdown of a significant number of additional facilities. Thus, I believe the staff should proceed with the requested evaluation in whatever reasonable time frame the staff deems to be appropriate based on available staff review resources, i
936, 937, 938.- 948. 953. 954. 955. 956. as amended.-sec. 234.- 83 Stat. 444..as amended (42 U.S.C. 2132. 2133. 2134, 2135, 2201. 2232, 2233. 2236. 2239.
2282): secs. 201, as amended. 202. 206, 88 Stat. 1242. as amended 1244. 1246.
L (42 U.S.C. 5841, 5842. 5846).
l Section 50.1 also issued under Pub. L.95-601. sec. 10. 92 Stat. 2951.
(42 U.S.C. 5851).
Sections 50.10 also issued under secs. 101. 185. 68 Stat.
955, as amended (42 U.S.C. 2131. 2235); sec. 102. Pub. L.91-190. 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.13. 50.54(dd), and 50.103 also issued under sec.108. 68 Stat. 939, as amended (42 U.S.C. 2138).., Sections 50.23. 50.35.
50.55. and 50.56 also issued under sec. 185. 68 Stat. 955 (42 U.S.C. 2235).
Sections 50.33a. 50.55a and Appendix 0 also issued under sec.102. Pub. L.91-190. 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204. 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91. and 50.92 also-issued under Pub. L.97-415. 96 Stat. 2073 (42 U.S.C. 2239).
Section 50.78 also issued under sec. 122. 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80-50.81 also issued under sec. 184. 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187. 68 Stat. 955 (42 U.S.C.
2237).
1
~
2.
In 5 50.54(w). paragraph (5) is added to read as follows:
l 50.54 Conditions of licenses.
(M u$MAuM' g M
(w)
(5)
For the specified reactor configurations during permanent shutdown, licensees shall maintain the following insurance requirement 19
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS 1.
The authority citation for Part 140 continues to read as follows:
AUTHORITY: Secs. 161, 170. 68 Stat. 948. 71 Stat. 576, as amended (42 U.S.C. 2201. 2210): secs. 201, as amended. 202. 88 Stat. 1242, as amended.
1244 (42 U.S.C. 5842, 5842).
u g* d -%. auf s k(0, Mag '. " a.A O aud In i 140.11(a)., paragraph / (5) :nd '5)4:re added to reed as follows:
2.
4 gg' u
/
g A14011 Ameunts of finapsial orotection h certen3eatTocL-s a
(5)
(. M Mw b :
- d ~ ' MFor the specified reactor configurations during permanent shutdown of nuclear power reactors tY1at were c/ d a %
@.a.kuhlc. pa kvd overed during eir operation by g paragraph.(a)(4) cf this :c-tier. 'icen:;c; shell maintLin the fclleni.ig l
fin:n:ial-protection requi"::ent:
(i)
For Reactor Configuration 1: when the reactor is defueled, permanently shutdown, and the spent fuel cladding temperature in the spent fuel pool is 565'C or greater for a postulated loss of spent fuel pool cooling k k enw w n. A event.gth; f5:nci:1 protecticr mu:t be as specified in paragraph (a)(4) +f-th4 ! !e: tion.
~
(ii)
For Reactor Configuration 2: when the reactor is defueled and permanently shutdown, no operating reactors are on the site, and the spent fuel cladding temperature in the spent fuel pool does not exceee 565'C for a 64 44 postuh'ted loss-of-spent-fuel-pool-cooling event, the eq. ow*wdtuir d fine.4
.ci pr;t::t%rfor each reactopt be $100 millionpd +ha trend:ra li bi'ity ceveraga 'mder the oric: Md:r cr ^::t i "et " ;ui cd.
21
(
(iii) For Reactor Configuration 3: when the reactor is defueled and permanently shutdown, no operating reactors are on the site, no fuel is in the spent fuel cool, and the radioactive liquid inventory onsite is 1,000 gallons N b "'
b or greater, "h; 0;a-X*M*a?"J e
^-etectie- 'e-==rh rw+nr mat tw $50 ui g
%o milliorp-d..e rece-dery 'idi'ity :: r:; under the P-i;;- And;raca Mt it nnt roniti red (iv) For Reactor Configuration 4: when the reactor is defueled and permanently shutdown, no operating reactors are on the site, no fuel is in the spent fuel pool, and the radioactive liquid inventory onsiJ. is less than 44 1,000 gallons, 6 6 tM requDm+4asari_. pret;; tion f:r 0 9 -e:cte-utt b: $25 i
l milliont6d b.a4.c.k e.a. Mat-p'it; :: :r;;; und:r th; Pri;; And;r;;n kt ir
!a Emend: y '4 S.
l NGL,toniti rad (5)
"~.-le re cte : th t Or: defu9d :nd p: =n ntly shedcmo gust-te-C nceified at havinn 7arg-;Q tpj; p;g;7 ]gyg],;;;g gg g i
1 Dated at Rockville,:4aryland, this day of
, 1997.
For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Co,aission.
-22 9
[
- g UNITED STATES
[
NUCLEAR HEQULATORY COMMISSION
-5 watamotow,p.c. seess.eeei October 6. 1997 000ASTARY MEMORANDUM TO:
L. Joseph Callan ecutive D rector for Operations si' *.tKL~G W FROM:
n C. Ho e
SUBJECT:
STAFF REQUIREMENTS - SECY-97-186 - CHANGES TO THE FINANCIAL PROTECTION REQUIREMENTS FOR PERMANENTLY SHUTDOWN NUCLEAR POWER REACTORS, 10 CFR 50.54 (w) AND 10 CFR 140.11 The Commission has approved issuance of the proposed rule that l
would amend the financial protection requirements for permanently shutdown nuclear power reactors subject to the changes in the i
attachment.
(EDO)
(SECY Suspense:
10/31/97).
With the economic deregulation of the electricity industry, the statf should consider the impact of a declining number of operating reactor licensees (due to the potential increase in the number of plants that prematurely shutdown) on the existing financial prctection and indemnity requirements necessary to comply with the Price-Anderson statutory provisions.
Insights from this review should be included in any recommendations for modification of Indemnification and Limitation of Liability provisions in the NRC report to Congress by August 1, 1998.
-(EDO)
(SECY Suspense 6/30/98)
Attachment:
df O
t As stated 7
SECY NOTE:
THIS SRM, SECY-97-186, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
A-7/Oscong9
y.
cc:
Chair 1 nan Jackson Connissioner Dicus-Commissioner Diaz Commissioner McGaffigan OGC CIO CPO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP_(via M-Mail)
s 936, 937, 938, 948. 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282): secs. 201, as amended. 202, 206, 88 Stat. 1242, as amended 1244, 1246, (42 U.S.C. 5841, 5B42, 5846).
Section 50,7 also issued under Pub. L. 95 601, sec. 10, 92 Stat. 2951, (42 U.S.C. 5851).
Sections 50.10 also issued under secs. 101, 185. 68 Stat.
955, as amended (42 U.S.C. 2131, 2235); sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec 185, 68 Stat. 955 (42 U.S.C. 2235).
Sections 50.33a, 50.55a and Appendix 0 also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239).
Section 50.78 also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80 50.11 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
2.
In S 50.54(w). paragraph (5) is added to read as follows:
9 50 54 Conditions of licenses.
(w)
(5)
For the specified reactor configurations during permanent shutdown, licensees shall maintain the following insurance requirements hotwithstandingpa,agraph(w)(1):
19
0
-4 PART 140. FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY VREEMENTS 1.
The authority citation for Part 140 continues to read as follows:
AUTHORITY:
Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat, 1242, as amended. 1244 (42 U.S.C. 5842, 5842).
2.
In S 140.11(a), hietefand"jatithe end;of; paragraph ((3),f change."?
at thelend 'of;paragr_aphj4)itoliiandMandl add paragraphs (5) =d (5) Or Odd 0d-to read as follows:
i l
S MO 11
^=unt ef '4n =c ui cret=tien far r rt:ir re nters.
Q)
(5) For the specified reactor configurations durino oermanent shutdown of l
nuclear power reactors (suchfraattors being classified as having::zero. electric 2
power level rated capacity) ' hot were covered during their operation by paragraph (a)(4) Of th t ;0ct10, 11cen;00; sh:11 :: Stat th0 f0110dng fk=;44 pr0tect10n r0guir0 Onts:
(1) For Reactor Configuration 1: when the reactor is defueled, l
permanently shutdown, and the spent fuel cladding temperature in the spent fuel 1
pool 1s 565'C or greater for a postulated loss of spent fuel pool cooling event, in thel amount the f2= bl prot =ti=
u;t b0 as specified in paragraph (a)(4) ef th u ;xtion.
(ii) For Reactor Configuration 2: when the reactor is defueled and permanently shutdown, no operating reactors are on the site, and the spent fuel cladding temperature in the spent fuel pool does not exceed 555'C for a postulated loss of spent fuel-pool. cooling event, jolthe amount of 14-rcquired ft=cul protecttn for 0=h r0xtor mu;t ha $100 million forLeach react 6r and the
- =0n00ry lubility 00=r:gt und0r the Prke hdcr;0n fct t not r0guir0d.
21
4 5-(iii) For Reactor Configuration 3: when the reactor is defueled and permanently shutdown, no operating reactors are on the site, no fuel is in the spent fuel pool, and the radioactive liquid inventory onsite is 1,000 gallons or greater, in the"amountjof th required finan01:1 prot 00t10- f0r 00th r00 t0r must be $50 million forjeachlreactor :nd the ;0:0ndary liability 00:0r:ge untr the Prit Ander:On Act in n0t required.
(iv) For Reactor Configuration 4: when the reactor is defueled and l
L permanently shutdown, no operating reactors are on the site, no fuel is in the spent fuel pool, and the radioactive liquid inventory onsite is less than 1,000 1
a gallons, [in~the amourit"of the r0;uired fin:nci:1 prot 0 t10n for 0:ch rc:: tor me;t be $25 million for each reactor :nd th: ;000nd:ry 11:bility cover:ge und0r the Pric Andcr;0n Act 1; n0t requir0d.
'6' POW 0r rc::t0r; th:t Orc & fuel 0d :nd p0re:nt-tly futd~,r, =;t bc 01:;;1fied :: h: vin; : Orc 0100tric p0utr 10:01 r:t-d :p ity.
t I
Dated at Rockville, Maryland, this day of
, 1997.
For the Nuclear Regulatory Commission.
John C, Hoyle.
Secretary of the Commission,