ML20198M892
| ML20198M892 | |
| Person / Time | |
|---|---|
| Issue date: | 10/06/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 SECY-97-186-C, NUDOCS 9710300089 | |
| Download: ML20198M892 (5) | |
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NUCLEAR REGULATORY COMMl881061 s
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HCMETARY MEMORANDUM TO:
L. Joseph Callan ExecutiveDjrectorforOperation
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ohn C. Ho e
1 SU9 JECT:
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 would amend the financial protection requirements for permanently shutdown nuclear power reactors subject to the changes in the attachment.
(EDO)
(SECY Suspense:
10/31/97)
With the economic deregulation of the electricity industry, the staff 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 protection 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:
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As stated i
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/
SECY NOTE:
THIS SRM, SECY-97-186, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICL'. AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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9710300089 971006 PDR 10CFR
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4 2-cc Chairman Jackson i
Commissioner Dieus commissioner Diaz Cemmissioner McGaffigan OGC CIO CFO OCA 01G Office Directors, Regions, ACRS, ACIM, ASLBP (via E-Mail)
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936, 937, 938, 948, 953, 964, 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, 5842, 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-l 190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued l
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 60,92 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).
2.
In S 50.54(w). paragraph (5) is added to read as follows:
S 50.54 Conditions of licenses.
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(w)
(5)
For the specified reactor configurations during permanent shutdown, licensees shall maintain the following insurance requirements notwithstandingparagraphl(w)(1):
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.A.
PART 140 FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS 1.
1he 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.
ins 140.11(a),deletei"and"Ta_ tithe'end;.ofiparagraph;(3)::l change l"."
at(the"endl;ofiaragraph;(4)itoj: land"fandi.addparagraphs(5)and(5)areOdded J
to read as follows:
S 140.11 ? = nt cf financial crotection for certsi" reactors 1
(3)
(5) For the specified reactor configurations during permanent shutdown of nuclearp&tarreactors(s.iJchTreactorsbeingfclassified'asihavingzerofelectric powerilevell rated capacity) that were covered during their operation by paragraph (a)(4) of thi; ;ccticr.11cen;ce; ; hall maintain the following financial protection requirc=nts:
(1) For Reactor Configuration 1: when the reactor is defealed.
_ 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 event, inlthejamount the financial protection =;t be as specified in paragraph (a)(4) of thi; ;cction.
(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 565'C for a postulated loss-of spent-fuel pool-cooling event, inithefamountTof the required financial prctcction for each reactor =;t 50 $100 million for[eachLreactor: and the second:ry liability c0ver:ge under the Price Andcr:On Act i; nct required.
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.b.
(iii) for Reactor Configuration 3: when the reactor is defueled and permanently shutdom, 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, inltheTamoQntlof the required fin:ncial protection for cach rc tcr ra;t be $50 million forfeach reactor nd the ;ccc-try li:bility c0verage unir the Price fair:cr. Mt in nc' required.
(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 onsite is less than 1,000 gallons [inLthe:amountTof the required financi:1 prctection for each reactor u;t bc $25 million forJeach reactor and the ;cc0"try liability ceverage under the Price M&r:0n ^ct i; nct required.
(6) PO=r reactor; that are defu^10d :* 8 per en^ntly :hutde= mu;t be cl ;;1fied :: h ving :cr0 electric p0=r level rated capacity.
Dated at Rockville, Maryland, this day of
, 1997.
For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Comission, w