ML20236N999

Forwards Recently Issued Amend 56 to License DPR-45.Amend Deletes Authority to Operate Plant & Authorizes Only Possession of Reactor & Nuclear Matls.Related Correspondence

ML20236N999
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	08/06/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Anderson G, Bechhoefer C, Shon F Atomic Safety and Licensing Board Panel
References
CON-#387-4188 OL, NUDOCS 8708120183
Download: ML20236N999 (8)

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....+ August 6,' 1987 '87 AUG 10 P3 55 nr=

1 1 Charles' Bechhoefer, Esq. , Chairman Dr. George C. Anderson ,

Administrative Judge Administrative Judge

-~ Atomic Safety and Licensing Board Department of Oceanography U.S Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washingtori, DC 20555 Washington, DC 20555 1

Frederick J. Shon i Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 i

in the Matter of DAIRYLAND POWER COOPERATIVE f' (Lacrosse Bolling Water Reactor) l Docket No. 50-409 (FTOL Proceeding) l

Dear Administrative Judges:

ce For .your information 8 am providing you with copies of the recently j issued amendment to the license for the Lacrosse plant. The emendment deletes authority to operate the plant and authorizes only possession of the reactor and nuclear materials.

Sincerely, Colleen P. Woodhead Counsel for NRC Staff Enclosures as stated cc w/ encl. Keven Gallin, Esq.

Mark Burmaster cc w/o encl. Rest of Service List  :

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8708120183 DR e70906 ADOCK 05000409 PDR ,

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[;a August 4,1987 Docket No. 50-409-Mr. James 'W. Taylor General Manager Dairyland Power Cooperative

2615 East Avenue South

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La Crosse,LWisconsin. 54601

Dear Mr. Taylor:

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SUBJECT:

ISSUANCE OF AMENDMENT NO. 56 TO LICENSE NO. DPR-45 TO POSSESS-BUT-NOT-OPERATE STATUS, LA CROSSE BOILING WATER REACTOR (TAC-65198)

The Commission has issued the enclosed Amendment No. 56 to Provisional i

. Operating License No. DPR-45 for the La Crosse Boiling Water Reactor. This amendment modifies License No. DPR-45 to possess-but-not-operate status in .

response.to your application of May 22,1987(LAC-12234).

A Notice of Consideration of Issuance of Amendment to_ License and Proposed No Significant Hazards Consideration Determination.and Opportunity for Hearing-related to the requested action was published in the FEDERAL REGISTER on July 1, 1987.(52 FR 24546). No coments or requests for hearing were received.

A copy of the related Safety Evaluation supporting Amendment No. 56 is also i enclosed.-

Since ly,

/>d .

r ert N. Berkow, Director L

standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation J t

I Enclosures *

1. Amendment No. 56 to Licensing No. DPR-45 i

2. Safety. Evaluation ,,

cc: w/ enclosures:

See next page i

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I h-*- Mr.. James W. Taylor Docket No. 50-409 Dairyland Power Cooperative 'La Crosse Boiling Water Reactor ]

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Fritz Schubert, Esquire Mr. Lanning Smith, Chief Engineer Staff Attorney Wisconsin Public Service Comission Dairyland Power Cooperative' Post Office Box 7854 2615 East Avenue South Madison, Wisconsin 53707 La Crosse, Wiscensin 54601 Mr. Kevin P. Gallen. Mr. John Hynes Newman & Holtzinger, P.C. Minnesota Environmental 1615 L Street, NW Quality Board Washington, D. C. 20036 100 Capitol Square Building St. Paul, Minnesota 55161 Mr. John Parkyn, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative P. O. Box 275 .

Genoa, Wisconsin 54632 U.S. Nuclear Regulatory Comission Resident-Inspectors Office .

Rural Route #1 . Box 276 Genoa, Wisconsin 54632 Town Chaiman Town of Genoa Route 1 Genoa, Wisconsin .54632 Chairman, Public Service Comission of Wisconsin Hill Farms State Office Building Madison, Wisconsin 53702 Regional Administrator, Region III

.- U.S. Nuclear Regulatory Comission 799 Roosevelt Road Glen Ellyn, Illinois 60137

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UNITED STATES 5 8- o NUCLEAR REGULATORY COMMISSION '

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DAIRYLAND POWER COOPERATIVE DOCKET'NO. 50-409 LA CROSSE BOILING WATER REACTOR AMENDMENT TO PROVISIONAL OPERATING LICENSE Amendment No. 56 License No. DPR-45 I

15 .The Nuclear Regulatory Commission (the Commission) has found that:

-A. The applicationior amendment filed by Dairyland Power Cooperative (thelicensee)datedMay 22, 1987, complies with the standards and.

requirements of the Atomic Energy Act of 1954, as amended (the Act),

and the:Comission's regulations set forth in Title 10 CFR Chapter I;.

B. The facility.-will be maintained in confonnity with the application, the provisions of:the Act, and the regulations of the Commission; C. There is reasonable assurance: (1) that the activities authorized by **

this amendment can be conducted without' endangering the health.and safety of the public; and (ii) such activities will be conducted ,n compliance with the Comission's regulations set forth in 10 CFR ,

Chapter I; H D. The issuance of this amendment will'not be inimical to the common defense.and security or. to the health and safety of- the public; and )

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E. The issuance of.this ' amendment is in accordance with 10 CFR Part 51 l

_- of the Comission's regulations and all applicable requirements have been satisfied. i

-2. .. Accordingly. Provisional Operating License No. DPR-45 is hereby amended by.

revising-the indicated paragraphs as follows:

Revise Parapraph 2.B. to read:

BL Subject to the conditions and requirements incorporated herein, the Commission hereby licenses the Dairyland Power Cooperative:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50,

" Licensing of Production and Utilization' Facilities" to possess but not operate the facility at the location designated in the application in accordance with the procedures and limitations described-in the application and in this license; i

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4 t:. 2 s(2) Pursuant to the Act and 10 CFR Part 70, to possess a$ any time

. special nuclear material as reactor fuel..in accordance with the

" limitations for storage and amounts previously received for-reactor operation, as described in the Final Safety Analysis Report,_as supplemented and amended; (3) Pursuant to the Act and'1L 'R Parts 30, 40, and 70, to receive, possess, and use at any time any byproduct, source, and special nuclear material as sealed sources for reactor .

, instrumentation and radiation monitoring' equipment calibration, and as fission detectors in amounts as required; (4) Pursuant'to the Act and 10 CFR Parts 30, 40, and 70, to possess-at any time any byproduct, source, and special nuclear material as sealed neutron sources previously received for reactor start-up in amounts as required; (5)' Pursuant t'o 'the Act and 10 CFR Parts, 30, 40, and 70, to receive, possess, and use in amounts'as required any byproduct, source, or special nuclear material without restriction' to chemical or physical fonn, for sample analysis '.

or instrument calibration or. associated with radioactive

' apparatus'or components; and l

.(6): Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but -oe not separate, such byproduct and special nuclear materials as were produced by the prior operation of the facility.

- Delete paragraph 2.C.(1) Maximum Power Level .in its entirety. j

- Revise. paragraph 2.C.(2) Technical Specifications to read:

2.C.(2) The Technical Specifications contained in Appendix A, as revised through Amendment No. 56, are hereby incorporated in the license.

V The licensee shall maintain the facility in accordance with the

' Technical Specifications.

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3. This license amendment is effective upon its date of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION erbert N. Ber ow, Director Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and Special Projects Office o,f Nuclear Reactor Regulation 4 Date of Issuance: August 4,1987 4

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'~E Y NUCLEAR REGULATORY COMMISSION ljj J ' "L WASHINGT07, D, C 20556 l 4.... /; I .

l SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION j SUPPORTING ' AMENDMENT NO. 56 TO PROVISIONAL OPERATING LICENSE NO. DPR-45 ,

DAIRYLAND POWER COOPERATIVE LA CROSSE BOILING WATER REACTOR

DOCKET NO. 50-409

!1.0; INTRODUCTION By' letter dated May 22, 1987 Dairyland Power Cooperative (the licensee) <

proposed to amend License No. DPR-45 to possess-but-not-operate status. .l i

The:La Crosse Boiling Water. Reactor (LACBWR) was permanently shut down on

-April 30,'1987 and the licensee stated that it will submit a decommission,ng plan to the NRC. All fuel has been removed from the reactor and transferred-to the spent fuel storage pool.

1 A= Notice of Consideration of Issuance of Amendment to License and oe

'- Proposed No Significant Hazards Consideration Determination and L Opportunity for Hearing related to the requested possess-but-not-operate status was published in the FFDERAL TEGISTER on July 1,-1987 (52 FR 24546). .No public comments or requests for hearing were received.

!2.0 DISCUSSION AND' EVALUATION The proposed amendment to possess-but-not-operate status is implemented by:changingparagraph2.B(1)ofLicenseNo.DPR-45from" possess,useand operate the facility" to " possess but not operate the facility." License

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No. DPR-45 is also changed by; revising paragraphs 2.B(2) through 2.B(6) to:J(1) delete authority to receive or use reactor fuel but to allow pre-

.viously used fuel to'be retained at LACBWR;~ (2) allow continued posses-sion of byproduct, source, and special nuclear material in sealed sources

.for instrumentation reactor and monitoring startup or operation; and 3) allow(equipment continued calibration possession but not for but not separation of such byproduct. and special nuclear materials which were croduced in the prior operation of LACBWR.- Inaddition, paragraph 2.C.(1) atitled ~" Maximum Power Level" is ' deleted in its entirety and paragraph 2.C.(2) is revised from "The licensee shall operate the facility in accordance with the Technical Specifications" to "The licensee shall

. maintain the facility in accordance with the Technical Specifications."

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- All of the above revisions to license No. DPR-45 constitute additional limitations not presently included in the license in that all of the revisions constitute the deletion of authority to operate the reactor.

All currsnt monitoring requirements remain in effect. Tharefore, since the effect of each of the revisions is to place more limitations on the licensee, the amendment does not result in significant risk to the public health and safety.

3.0 ENVIRONMENTAL CONSIDERATION

This amendment involves a change in the installation or use of facility components located within the restricted area as defined in 10 CFR Part

20. The staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite and that there is no significant increase .in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that this amendment involves no significant hazards consideration and there has been no public comment on such finding. Accordingly, this amendment meets the eli ity criteria for categorical exclusion set forth in 10 CFR 51.22(c)gibil-(9).

Pursuant to 10 CFR 51.22(b) no environmental impact statement or environ .

mental assessment need be prepared in connection with the issuance of this amendment.

4.0 CONCLUSION

The Commission made a proposed determination that the amendment involves no significant hazards consideration which was published in the FEDERAL REGISTER (52 FR 24546) on July 1, 1987. No public comments were received.

The staff has concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by maintenance of the facility in the proposed manner; and (2) such activities will be w ncucted in compliance

- with the Commission's regulations and the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public.

5.0 ACKNOWLEDGEMENT This evaluation was prepared by Peter B. Erickson.

Dated: August 4,1987 L ... _ _ . _ - _ _ - _ . - -