ML20238C880
| ML20238C880 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 12/23/1987 |
| From: | Holahan G Office of Nuclear Reactor Regulation |
| To: | DAIRYLAND POWER COOPERATIVE |
| Shared Package | |
| ML20238C867 | List: |
| References | |
| NUDOCS 8712310298 | |
| Download: ML20238C880 (6) | |
Text
I 7590-01 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
j Dairyland Power Cooperative
)
Docket No. 50-409 1
(Lacrosse Boiling Water Reactor)
)
EXEMPTION 1.
I Dairyland Power Cooperative (the licensee) is the holder of a Provisional
}
License No. DPR-45 which authorizes the possession but not the operation of the Lacrosse Boiling Water Reactor (LACBWR).
The license provides, among other things, that it is subject to all rules, regulations and Orders of the Nuclear Regulatory Commission (the Cornission) now or hereafter in effect. The facility consists of a permanently shut down boiling water reactor and stored spent fuel located at the licensee's site in Vernon County, Wisconsin.
II.
i Section 50.54(q) of 10 CFR Part 50 requires a licensee authorized to operate a nuclear power reactor to follow and traintain in effect emergency plans which meet the standards of 10 CFR 50.47(b) and the requirements of Appendix E to 10 CFR Part 50.
Section IV.F.2 of Appendix E requires that each licensee at each site shall annually exercise its emergency plan.
Section 50.47(b)(7) of 10 CFR requires that information be made available to the public on a periodic basis.
8712310298 871223 PDR ADOCK 050 9
The Commission may grant exemptions from the requirements of the regulations which, pursuant to 10 CFR 50.12(a) are (1) authorized by law, will not present an undue risk to the public health and safety, and are consistent with the common defense and security; and (2) present special circumstances.
Section 50.12(a)(2)(ii) describes the special circumstances such that application of the regulation in the particular circumstances would not serve the underlying l
purpose of the rule or is not necessary to achieve the underlying purpose of the rule.
III.
LACBWR was permanently shut down on April 30, 1987 and reactor defueling was completed on June 11, 1987.
The licensee applied for a license amendment change to a possess-but-not-operate status on May 22, 1987.
The amendment was issued on August 4, 1987.
Among other things, the NRC found that (1) the I
licensee's facility will be maintained in conformance with the application, (2) there is reasonable assurance:
(i) that the activities authorized by the amendment can be conducted without endangering the health and safety of the public, and (ii) such activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Chapter I, and (3) the issuance of the amendment will not be inimical to the common defense and security or to the health and safety of the public.
Subsequently, on September 1, 1987, the licensee submitted a request for exemption from the requirement for an annual emergency preparedness exercise and
. from the preparation and distribution of a public information brochure.
The licensee clarified the request in a October 1, 1987 letter by stating that the intent was to request an exercise exemption for the 1987 exercise only.
The licensee plans to conduct an emergency preparedness exercise within 180 days after the date of the Commissions approval of the revised emergency plan, submitted on September 29, 1987.
The revised emergency plan reflects the changed status of the plant, and the next exercise would follow the training of
}
the LACBWR staff in their new emergency preparedness assignments.
The request for an exemption from the requirement to produce and distribute an annual information brochure was qualified by the licensee's intent to dis-tribute a final letter to the residents of the current emergency planning zone.
This final letter would inform the public of the current status of LACBWR and state that there is no further need for public protective actions.
The licensee would send this letter within 90 days of the Comissions approval of the revised emergency plan.
The bases for both these requests were the permanent shut down and defueled status of LACBWR and the licensee's analysis of the reduced consequences of a
" worst-case" spent fuel accident.
The licensee calculated that a " worst-case" scenario would result in a maximum whole body dose of less that 50 mRen at the Exclusion Area Boundary.
. IV.
Based on a review of the licensee's exemption request, the NRC staff finds that the following factors support the granting of the requested exemption.
1.
LACBWR is permanently shut down and defueled.
The spent fuel is located in the spent fuel pool which is, in turn, in the reactor
~
containment.
The license for LACBWR hos been amended to a possess-but-not-operate status.
2.
The licensee plans to conduct annual emergency exercises based on a revised emergency plan.
The first such exercise would be held within 180 days of the Commissions approval of the revised emergency plan, submitted September 30, 1987.
3.
The licensee plans to distribute a final letter to the residents of the current plume exposure pathway emergency planning zone informing them that there is no further need for public protective actions.
This letter would be sent within 90 days following the Commissions approval of the revised emergency plan.
Based on the foregoing, and in accordance with 10 CFR 50.12(a)(2)(ii), the staff concludes that the exemption from the requirements of 10 CFR 50 Appendix E, Section IV.F.2, as discussed above, is authorized by law, will not present an undue risk to the public health and safety, and is consistent with I
the common defense and security.
Similarly, given the permanent shutdown
status of LACBWR, the 10 CFR 50.47(b)(7) requirement to make information available to the public on a periodic basis would not serve the underlying purpose of the rule nor is it necessary to achieve the underlying purpose of the rule after the public is informed of the current status of LACBWR.
The staff finds that the exemption from 10 CFR 50.47(b)(7) may be granted with the condition that the licensee make information available to the public in the current plume exposure pathway emergency planning zone, within 90 days of the Comission's approval of the revised emergency plan.
The information shall include, but is
~
not limited to (1) the current status of the reactor and fuel, (2) instructions on appropriate actions for the public in the event of an emergency at LACBWR, (3) contacts for further information, and (4) notification that no further periodic information will be required to be furnished.
Accordingly, the Commission hereby grants the following:
(1) Dairyland Power Cooperative is exempt from the requirements of 10 CFR Part 50, Appendix E, Section IV.F.2. for the conduct of an annual exercise for the calendar year 1987 of its emergency plan provided that such an exercise is conducted within 180 days of the Comission's approval of the revised emergency plan for the Lacrosse Boiling Water Reactor that reflects the permanent shutdown status of the reactor.
, 4 (2) Dairyland Power Cooperative is exempt from the requirements of 10 CFR Part 50.47(b)(7) for periodically making information available to the public provided that within 90 days of the Commission's approval of the revised emergency plan for Lacrosse Boiling Water Reactor, the licensee disseminates to the public in the plume exposure pathway emergency planning zone, information including:
(a) the current status of the reactor and fuel; (b) instructions on appropriate actions for the public in the event of an emergency at LACBWR, (c) contacts for further information, (d) notification that no further periodic information will be required to be furnished.
Pursuant to 10 CFR 51.32, the Comission has determinded that the granting of this Exemption will have no significant impact on the environment (52 FR 47982).
This Exemption is effective upon issuance.
Dated at Bethesda, Maryland this 23rd day of December,1987.
FOR THE NUCLEAR REGULATORY COMISSION 7
Gary M. Holahan, Acting Director Division of Reactor Projects III/IV/V and Special Projects Office of Nuclear Reactor Regulation
-- -