ML20236X696

Environ Assessment & Finding of No Significant Impact Supporting Exemption from 10CFR50.54(w)(1) Requirements Re Maint of Min Insurance Coverage

ML20236X696
Person / Time
Site:	Fort Calhoun
Issue date:	11/25/1987
From:	Calvo J Office of Nuclear Reactor Regulation
To:
Shared Package
ML20236X683	List: ML20236X682 ML20236X688 ML20236X696
References
TAC-66352, NUDOCS 8712100108
Download: ML20236X696 (4)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION OMAHA PUBLIC POWER DISTRICT DOCKET NO. 50-285 ENVIRONMENTAL ASSESSMENT AND FINDING Or NO SIGNIFICANT IMPACT The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an exemption from the schedular requirement of 10 CFR 50.54(w)(1) to the Omaha Public Power District (licensee) for the Fort Calhoun Station, Unit 1, located at the licensee's site in Washington County, Nebraska.

ENVIRONMENTAL ASSESSMENT Identification of the Propcsed Action: The proposed action would grant an exemption to the licensee from Section 50.54(w)(1) of 10 CFR Part 50 which was recently amended to require that the licensees of nuclear power reactors maintain a minimum insurance coverage in the sum of $1.06 billion to provide financial security for stabilizing and decontaminating their operating nuclear tower reactors in the e ent of a accident. The new recuire ent became effectise on October 5,1987 and the regulation provides for a 60 day grace perica in which a licensee could comply with the requirements. By letters dated October 2, 1987 from the licensee's counsel's and October 5,1987 from the licensee, the f licensee requested an exemption to 10 CFR 50.54(w)(1), which would defer the due date for acquiring the full amount of property insurance required by the regulation.

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The Need for the Proposed Action: Currently, the licensee maintains $585 million of property insurance obtained through American Nuclear Insurers and the Mutual Atomic Energy Reinsurance Pool. The only source of additional irsurance to comply with the Commission's recently amended Section 50.54(w)(1)

However, NEIL is a mutual

s Nuclear Electric Insurance Limited (NEIL).

cc pany and under the provisions of the Nebraska law, the licensee is prohibited f rom becoming a subscriber to the stock or any portion of interest of any corporation or association. The licensee is a political subdivision of the State of Nebraska. In an ef fort to satisfy the limitations of Nebraska law, NEIL amended its charter and by-laws to issue appropriate policy endorsements.

Eased upon NEIL's actions, the licensee submitted an application to NEIL for

+:cetamination and property insurance. S;. 'etter fr:m M' da*ed JL e 2S, 335, the licensee was advised NEIL would not issue a pc' icy to the licensee u-til the licensee had secured a declaratory judgment fr:m the Nebraska Supreme Court that non-voting membership in NEIL and the issuance of policies with appropriate endorsements would not violate the Nebraska Constitution. On July

.,1985, the licensee, commenced an action for a declaratory judgment in the

' strict Cc rt. The District Court issued its decirion :m Dece-ber 1, 19S6 in which it declined to grant a declaratory judgment. The licensee has appealed the ruling of the District Court to the Nebraska Supreme Court where the matter currently is pending. In the event the Nebraska Supreme Court ultimately refuses to grant a declaratory judgment that the licensee may, consistent with Nebraska law, purchase insurance from NEIL, the licensee asserts that it plans l 1

to commence an action for a declaratory judgment in the !)nited States District

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3 Court in Nebraska and ask the Federal court to declare that the Commission's new regulation preempt any provisions of the Nebraska law.

Environmental Impact of the Proposed Action: The proposed exemption affects only the required date for the licensee to be in compliance with the regulation and does not affect the risk of facility accidents. Thus, post-accident radiological releases will not differ from those determined previously, and the proposed exemption does not otherwise affect facility radiological effluents,  ;

or any significant occupational exposures. With regard to potential non-radiological impacts, the proposed exemption does not affect plant non-radiological effluents and has no other environmental impact. Therefore, the Commission concludes there are no measurable radiological or non-radiological environmental

'" pacts associated aith the pt:pcsed exemption.

Alternative Use of Resources: This action does not involve the use of resources not considered previously in the Final Environmental Statement for Fort Calhoun Station, Unit 1.

Agencies and Persons Consulted: The NRC staff reviewed the licensee's request and did not consult other agencies or persons.

INDING OF NO SIGNIFICANT IMPACT

The Commission has determined not to prepare an environmental impact state-ment for the proposed exemption. Based upon the environmental assessment, the NRC staff concludes that the proposed action will not have a significant effect on the quality of the human environment.

For further details with respect to this proposed action, see the licensee's letter dated October 5,1987 and that of its counsel, dated October 2, 1987. The letters available for public inspection at the Commission's Public

-o Document Room, 1717 H Street, Washingtsn, D.C. 20555 and at the Local Public Document Room in the W. Dale Clark Library, 215 South 15th Street, Omaha, Nebraska 68102.

Dated at Bethesda, Maryland this 25th day of November,1987.

FOR THE NUCLEAR REGULAliORY COMMISSION

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f Jose A. Calvo, Director Project Directorate - IV DivisionofReactorProjects-III, 4 IV, V and Special Projects Office of Nuclear Reactor Regulation I

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