ML20207P019

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Environ Assessment & Finding of No Significant Impact Re Temporary Exemption from Schedular Requirements of Property Insurance Rule Effective 881004 (10CFR50.54)
ML20207P019
Person / Time
Site: 05000000, Dresden
Issue date: 09/26/1988
From: Muller D
Office of Nuclear Reactor Regulation
To:
Commonwealth Edison Co
Shared Package
ML20207P020 List:
References
NUDOCS 8810200009
Download: ML20207P019 (6)


Text

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v 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION 34MONWEAcTH EDISON COMPANY DRESDEN NUCLEAR POWER STAT 10N UNITS 2 AND 3 a

1 DOCKET NOS. 50-237 AND 50-249 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 issuance of an exemption from the requirements of 10 CFR 50.54(w)(5)(1) to Comonwealth Edison Company (the licensa) for the Dresden Nuclear Power Station. Units 2 and 3 located at the licensee's site in Grundy County.

4 Illinois.

ENVIRONMENTAL ASSESSMENT Identification of Proposed Action:

4 On August 5,1987, the NRC published in the FEDERAL REGISTER a final rule i

amending 10CFR50.54(w). The rule increased the amount of on-site property damage insurance required to be carried by hRC's power reactor licensees. The l

l rule also required these licensees to obtain by October 4,1988 insurance policies that prioritized insurance proceeds for stabilization and decontami-i nation after an accident and provided for payment of proceeds to an independent trustee who would disburse funds for decontamination and cleanup before any I

other purpose. Subsequent to publication of the rule, the NRC has been infomed by insurers who offer nuclear property insurance that, despite a good

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faith effort to obtain trustees required by the rule, the decontaminatiori priority and trusteeship provisions will not be able to be incorporated into policies by the time required in the rule.

In response to these connents and relisted petitions for rulemaking, the Comission has proposed a revision of 10 CER SU.54(w)(5)(1) extending the implerentation schedule for 18 months (53 FR 36338, September 19,1988). 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 requirements of 10 CFR 50.54(w)(5)(1) until completion 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 Need for The Proposed Action:

The exemption is needed because insurance complying with requirements of 10 CFR 50.54(w)(5)(1) is unavailable and because the temporary delay in implementation allowed by the exemption and associated rulemaking action will pennit the Comission to reconsider on its merits the trusteeship provision of 10CFR50.54(w)(4).

Environmental Impacts of the Proposed Action:

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

i Further, as noted by the Connission in the Supplementary Infonnation accompanying the proposed rule, there are several reasons for concluding that delaying for a reas09able time the inplementation of the stabilization and decontamination priority and trusteeship provisions of Section 50.54(w) will not adversely affect protection of public health and safety.

First, during the

v 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-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 probability of a serious accident occurring during the exemption period.

Even if a serious accident giving rise to substantial insurance claims were to i

occur NRC would be able to take appropriate enforcement action to assure adequate cleanup to protect public health and safety and the environment.

The proposed exemption does 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 exemption will have either no environmental inpact or greater environmental imp 4Ct.

P Alternative Use of Resources:

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

Agencies and Persons Consulted:

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

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

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quality of the human environment. Accordingly, the Comission has determined f.ot to prepart an environmental impact statement for the proposed exemption.

Forinformationconcerningthisaction,seetheproposedrule(53FR 36338), and the exemption which is being processed concurrent with this notice.

A copy of the exemption will be available for public inspection at the I

Consnission's Public Document Room. 2120 L Street, NW, Washington, D.C., and at the Morris Public Library, 604 Liberty Street Morris, Illinois 60451.

Dated at Rockville, Maryland this 26th' day of September 1988 FOR THE NUCLEAR REGULATORY COMMISSION Daniel R. Muller. Director Project Directorate III-2 i

Division of Reactor Projects - !!!,

IV, Y and Special Projects i

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. quality of the human environment. Accordingly, the Comission has determined not to prepare an environmental impact statement for the proposed exemption.

For information concerning this action, see the proposed rule (53 FR 36338),andtheexemptionwhichisbeingprocessedconcurrentwiththisnotice.

A copy of the exemption will be available for public inspection at the Commission's Public Document Room. 2120 L Street, NW, Washington, D.C., and at the Morris Public Library, 604 Liberty Street, Morris, Illinois 60451.

Dated at Rockville, Maryland this 26th day of Septecher 1988.

FOR THE NUCLEAR REGULATORY COMMISSION Original signed by Daniel R. Muller Daniel R. Muller, Director Project Directorate 111-2 Division of Reactor Projects - 111, IV, Y and Special Projects i

1 DISTRIBUTION 4

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r Mr. Henry E. Bitss Dresden Nuclear Power Station Commonwealth Edison Company Units 2 and 3 cc:

Michael I. Miller, Esq.

Sidley and Austin One First National Plaza Chicago, Illinois 60603 Mr. J. Een19enburg Plant Supr' ntendent Dresden Nuclear Power Station Rural Route il Norris, Illinois 60450 U. 5. Nuclear Regulatory Commission Resident Inspectors Office Dresden Station Rural Route il Morris, Illinois 60450 Chairman Board of Supervisors of Grundy County Grundy County Courthouse Morris, Illinois 60450 Regional Administrator Nuclear Regulatory Commission, Region !!!

799 Roosevelt Road Bldg. #4 Glen Ellyn, Illinois 60137 Mr. Michael E. Parker, Chief Division of Engineering Illinois Department of Nuclear Safety 1035 Duter Park Drive, 5th Floor Springfield, Illinois $2704 e

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