ML20207P039

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Environ Assessment & Finding of No Significant Impact Re Exemption from 10CFR50.54(w)(5)(i) on Property Insurance Rule
ML20207P039
Person / Time
Site: Dresden, Braidwood, 05000000
Issue date: 09/26/1988
From: Muller D
Office of Nuclear Reactor Regulation
To:
Commonwealth Edison Co
Shared Package
ML20207P020 List:
References
NUDOCS 8810200034
Download: ML20207P039 (6)


Text

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i 7590-01 UNITED STATES NUCLEAR REGULATORY COM4ISSION COW 40NWEALTH EDISON COMPANY BRAIDWOOD NUCLEAR POWER STATION, UNITS 1 AND 2 DOCKET NOS. 50-456 AND 50-457 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 Commission) is considering issuance of an exemption from the requirements of 10 CFR 50,.54(w)(5)(i) to Comonwealth Edison Company (the licensee) for the Braidwood Power Station, Units 1 and 2 located at the licensee's site in Will County, Illinois.

ENVIRONMENTAL ASSESSMENT Identification of Proposed Action:

On August 5, 1987, the NRC published in the FEDERAL REGISTER a final rule amending 10 CFR 50.54(w).

The rule increased the amount of on-site property damage insurance required to be carried by NRC's power reactor licensees.

The rule also required these licensees to obtain by October 4, 1988 insurance policies that prioritized insurance proceeds for stabilization and decontami-nation after an accident and provided for payr it of proceeds to an independent

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trustee who would disburse funds for decontamination and cleanup before any other purpose.

Subsequent to publication 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 i

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priority and trusteeship provisions will not be able to be incorporated into policies by the time required in the rule.

In response to these comments and related petitions for rulemaking, the Commission has proposed a revision of 10 CFR 50.54(w)(5)(1) extending the implementation 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 Commission is issuing a temporary exemption from the requirements of 10 CFR 50.54(w)(5)(i) until completion of the pending rulemaking, extending the implementation date specified in 10 CFR 50.54(w)(5)(i), 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)(i) is unavailable and because the temporary delay in implementation allowed by the exemption and associated rulemaking action will permit the Commission to reconsider on its merits the trusteeship provision of 10 CFR 50.54(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.

Further, as noted by the Commission in the Supplementary Information accompanying the proposed rule, there are several reasons for concluding that delaying for a reasonable time the implementation of the stabilization and decontamination priority and trusteeship provisions of Section 50.54{w) will not adverself affect protection of public health and safety.

First, during the period of delay, the licensee will still be required to carry $1.06 billion

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insurance. This is a substantial amount of coverage that provides a signifi-cant financial cushion to ifcensees 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-II 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 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 impact or greater environmental impact.

Alternative Use of Resources:

This action does not involve the use of any resources beyond the scope of resources used during normal 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 Commission concludes that the proposed action will not have a significant effect on the

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t quality of the human environment.

Accordingly, the Commission has determined not to prepare n environmental impact statement for the proposed exemption.

For information concerning this action, see the proposed rule (53 FR 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 Wilmington Township Public Library, 201 2. Kankakee Street, Wilmington, Illinois 60481.

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

FOR THE NUCLEAR REGULATORY COWilSSION M

Dcniel R. Muller, Director ProjectDirectorateIII-2 Division of Reactor Projects - III, IV, V and Special Projects 4

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s... quality of the human environment.

Accordingly, the Commission 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), and the exemption which is being processed concurrent with this notice.

A copy of the exemption will be available for public inspection at the Wilmington Township Public Library, 201 2. Xankakee Street, Wilmington, Illinois 60481.

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

FOR THE NUCLEAR REGULATORY C0f411SSION Drlghal signed ny Daniel R. Multor Daniel R. Muller, Director Project Directorate III-2 Division of Reactor Projects - III, IV, V and Special Projects DISTRIBUTION Docket file NRC & Local PDRs DMuller

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Mr. Henry E. Bliss Braidwood Station Commonwealth Edison Company Units 1 and 2 cc:

Mr. William Kertier Ms. Lorraine Creek Atomic Power Distribution Route 1 Box 182 Westinghouse Electric Corporation Manteno. Illinois 60950 Post Office Box 355 Pittsburgh, Pennsylvania 15230 Douglass Cassel Esq.

109 N. Dearborn Street Joseph Gallo, Esq.

Chicago, Illinois 60602 Hopkins and Sutter 1050 Connecticut Ave., N. W.

Elena Z. Kerelis, Esq.

Suite 1250 Isham, Lincoln & Beale Washington, D. C. 20036 Three First National Plaza Suite 5200 C. Allen Bock, Esq.

Chicago, Illinois 60602

' Post Offices Box 342 Urbana, Illinois 61801 Mr. Charles D. Jones Director Illinois Emergency Services Ms. Bridget Little Rorem ana Disaster Agency Appleseed Coordinator 110 East Adams Street 117 North Linden Street Springfield, Illinois 62706 Essex Illinois 60935 Michael Miller, Esq.

Mr. Edward R. Crass Sidley and Austin Nuclear Safeguards and One First National Pla:a Licensing Division Chicago, Illinois 60603 Sargent & Lundy Engineers 55 East Monroe Street.

Chicago, Illincts 60603 George L. Edgar Newman & Holtzinger, P.C.

U. S. Nuclear Regulatcry Connission 1615 L Street, N.W.

Resident Inspectors Office Washington, D.C.

20036 RRil, Box 79 Bracev111e, J11fnois 60407 Attorney General 500 South 2nd Street Regional Administrator, Region III Springfield, Illinois 62701 U. S. Nuclear Regulatory Commission 799 Roosevelt Road, Bldg. #4 EIS Review Coordinator Glen Ellyn Illinois 60137 EPA Region V 230 S. Dearborn Street Chairman Chicago, 1111ncis 6C604 Will County Board of Suprvisors Will County Board Courtkuse Joliet, Illinois 60434 e