View source for CLI-90-08, Forwards Three Ltrs from Utils Addressing Actions Prior to Issuance of Possession Only Licenses.Utils Found CLI-90-08 Incosistent w/SECY-89-247 Which Authorizes Licensee to Stop Maintaining Plant in Condition for Return to Power

{{Adams
| number = ML20072P799
| issue date = 11/09/1990
| title = Forwards Three Ltrs from Utils Addressing Actions Prior to Issuance of Possession Only Licenses.Utils Found CLI-90-08 Incosistent w/SECY-89-247 Which Authorizes Licensee to Stop Maintaining Plant in Condition for Return to Power
| author name = Taylor J
| author affiliation = NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
| addressee name = 
| addressee affiliation = NRC COMMISSION (OCM)
| docket = 05000267, 05000322
| license number = 
| contact person = 
| document report number = CLI-90-08, CLI-90-8, NUDOCS 9011160217
| package number = ML20024G666
| document type = INTERNAL OR EXTERNAL MEMORANDUM, MEMORANDUMS-CORRESPONDENCE
| page count = 1
}}

=Text=
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NUCLEAR REGULATORY COMMISSION 2
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WASHINGTON, D. C. 20555 o
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70- 26 7 MEMORANDUM FOR: The Commissioners Sc-32L FROM:
James H. Taylor Executive Director for Operations l

==SUBJECT:==
PLANT CLOSURE ACTIVITIES Enclosed are three letters we recently received from Public Service of Colorado (PSC) and Long Island Lighting Company (LILCO).
The letters address actions planned by LILC0 and PSC concerning the maintenance of facility hardware prior to issuance of a POL.
The actions raise policy questions because they may conflict with previous staff guidance.
In previous communications between licensees and the staff, the possession only license has been identified as the document that authorizes licensees to stop i
maintaining their plants in a condition that Wdd allow them to return to power.
This is consistent with staff guidance identified in the August 25, 1990 SRM regarding SECY 89-247 and appears to be generally consistent with COMKC-90-19 dated November 8, 1990.
However, LILCO and PSC read CLI-90-08 to be inconsistent with this prior guidance and on this basis propose the actions described in their letters. Therefore, we are requesting prompt Commission guidance with respect to this issue.
As a related matter, the staff is preparing separate papers on the Provisional Operating Licenses for both Ft. St. Vrain and Shoreham which will address the plant-specific closure issues.
/
J mes M.
xecutive Director l
for Operations

==Enclosure:==
As stated i
cc:
SECY OGC T. Murley, NRR Shoreham Service List i
g So lt(6 DllT %

i Public Service can.
,w..
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P.O. Bou See Denver CO e0201 0040 November 5, 1990 Fort St. Vrain Unit ho. 1 A. Clegg Crawford V'(* P*''**M P-90331 i
U. S. Nuclear Regulatory Commission 1
ATTN:
Document Control DesA Washington, D. C.
20555 ATTN: Mr. Seymour H. Weiss, Director Non-Power Reactor, Decommissioning and Environmental Project Directorate 4
i Decket No. 50-267 i
l

==SUBJECT:==
PLANT CLOSURE ACTIVITIES

==REFERENCES:==
: 1) NRC Memorandum and
: Order, CLI-90-08, dated October 17, 1990
: 2) NRC letter, Weiss to Crawford, dated May 1, 1990 (G-90102)

==Dear Mr. Weiss:==
Public Service Company of Colorado (PSC) has reviewed the guidance proviced by the NRC in Reference 1 regarding the proposed deccmmissioning of the Shoreham Nuclear Power Station.
Based on the decision of the Commission that resumed operation need not be consicered as an alternative to cecommissioning, PSC is proceeding with certain plant closure activities that are within existing
,t licensee authority.
4 In Re ference 1,
the NRC stated that a licensee preparing for decommissioning must 1) comply with the requirements of its operating license and the regulations applicable to whatever mode or condition i
the plant might be in at a given time and 2) refrain from taking any actions that would niaterially and demonstrably affect the methoos or options available for decommissioning or that would substantially
~
increase the costs of cecommissioning, prior to NRC approval of a decommissioning plan.
The requirements of the Fort St.
Vrain (FSV) Facility Operating License have been modified to reflect the permanent shutdown condition of the plant.
The NRC modified our Facility Operating License NO.
OPR-34 via Confirma tory Order, in Reference 2,
to prohibit taking the FSV reactor to criticality and to prohibit operating the facility at any power level. PSC has implemented this Order as shown on the attached copies of pages 4 and 5 of the Fort St. Vrain Facility Operating License.
The conflicting wording in license condition 4, regarding Early Shutdown, has also been deleted.
4$///S$>5W 20*300d CC: Pt 06, 5 00N

P-90331 Page 2 November 5, 1990 FSC intends to pursue plant closure activities that are within existing licensee authority, including activities that do not:
Recuire a change to the FSV Technical Specifications or Facility Operating License (as shown on the attached pages),
Involve an unreviewed safety question as defined in 10 CFR 50.59, Limit the choice of reasonable decommissioning alternatives (i.e., SAFSTOR, DECON, or ENTOMB), or Substantially increase the costs of FSV decommissioning.
O As previously stated in various meetings and correspondence, PSC does not consider resumed nuclear operation an option for Fort St.
Vrain.
PSC will fully evaluate contemplated plant closure activities, including component removal and disposal activities for the Region Constraint Devices and Loop I ('A' and 'B') helium circulators, and we intend to proceed with these activities in accordance with the provisions of 10 CFR 50.59. Documented safety evaluations for each of these activities, as well as other future plant closure and component removal activities, will be available for NRC review.
Plant closure activities that are not within existing licensee authority will be submitted for NRC approval, prior to their initiation.
PSC considers that the actions described,above are fully in compliance with applicable regulations and license requirements.
If you have any questions aoout the information presented herein, please contact Mr. M. H. Holmes at (303) 480-6960.
Very truly yours, Y.
A. Clegg Crawford Vice President Nuclear Operations ACC/SWC/ lmb Attachment cc: Mr. G. L. Constable, Chief 4
Technical Support Section Division of Reactor Projects Mr. J. B. Saird Senior Resident Inspector Fort St. Vrain

l Fort St. Vrain Toshnical Sp:cificatians License Information Enclosure (1) to AEC Letter dated 12/21/73 Confirmatory order - 5/1/90 Page 4 of 5 D.
This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:
Part 20, Section 30.34 of Part 30, Section 40.41 of Part 40. Sections 50.54 and 50.59 of Part 50, and the appropriate sections of Parts 70 and 73; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is sid h e i to the additional conditions specified or incorporateo below:
(1) Maximum Power Level e-l The licensee is prohibited from taking the Fort St.
I Vrain reactor to criticality and the facility shall not j
be operated at any power level.
(2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment. No. 77, are hereby l
incorporated in the license. The licensee shall operate l
the facility in accordance with the Technical l
Specifications.
(3) Physical Protection i
The licensee shall fully implement and. maintain in effect all provisions of tne Commission-approved physical security, guard training and qualification, and safeguards contingency plans including amendments made pursuant to provisions of the Miscellaneous Amenoments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).
The
: plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled:
" Fort St.
Vrain Security Plan,"
with revisions submitted through July 15, 1988; " Fort St.
Vrain Guard Training and Qualification Plan," with revisions submitted through February 27, 1987; and " Fort St. Vrain Safeguards Contingency Plan " with revisions l
submitted through February 27, 1987.
Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein,
,,o 2 n u
-e
-,._es e.
a m.

i r
License information i
Enclosure (1) to AEC Letter dated 12/21/73 Confirmatory Order - 5/1/90 Page 5 of 5 1
(4) Deleted j
(5) Fire Protection The licensee shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report for the i
facility and as approved in the SER dated May 18, 1989 subject to the following provision:
The licensee may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to achieve and maintain safe i
shutdown in the event of a fire.
l E.
This license is subject to all Federal, State, and local standards imposed pursuant to the requirements of the Federal Water Pollution Control Act of 1972.
3.
This license is effective as of the date of issuance and shall expire at midnight, September 17, 2008.
FOR THE ATOMIC ENERGY COMMIS$10N "0RIGINAL SIGNE0 BY:"
i i
A. Giambusso, Deputy Director for Reactor Projects Directorate of Licensing l
Attachments:
Appendices A and B - Technical Specifications Date of Issuance: December 21, 1973 l
50'390d GE: Pt 06. 5 nON

O Public Service-
\\
P.O.some40 Denver CO e0301.oteo i
A. Clegg Crawford November 7, 1990 vw P m
Fort St. Vrain Unit No. 1 P-90334 U. S. Nuclear Regulatory Commission ATTN:. Document Control Desk l
Washington, D. C.
20555 ATTN: Mr. Seymour H. Weiss, Director Non-Power Reactor, Decommissioning and Environmental Project Directorate Docket No. 50-267

==SUBJECT:==
PLANT CLOSURE ACTIVITIES i

==REFERENCES:==
: 1) -PSC Letter, Crawford to Weiss, dated November 5, 1990 l
(P-90331)
: 2) NRC Memorandum and Order, CLI-90-08, dated October j
17, 1990
: 3) NRC Letter, Weiss to Crawford, dated June 21, 1990 (G-90144)

==Dear Mr. Weiss:==
In Reference 1, Public Service Company of Colorado (PSC) advised the NRC that we are proceeding with certain Fort St. Vrain (FSV) plant closure activities that are within existing Itcensee authority.
During the next 30 days, PSC plans to undertake two plant closure activities in addition to those delineated in Reference 3: (1) the disposal of 'B' helium circulator, and (2) the removal of 'A' helium circulator from the PCRV. These activities are being undertaken at this time to maintain a high productivity level in the FSV work force.
l Except for the plant closure activities identified above, PSC did not plan to perform other component removal or disposal activities during the 30-day period from November 7 to December 7, 1990.
It is our understanding that during this time, the NRC may clarify the Memorandum and Order issued in Reference 2.
pSC intends to continue with plant closure activities in keeping with Reference 1 after December 7, 1990.
4$H/Yptz!/-
..,_m,.

1
'1 P-90334 l
Page 2 November 7, 1990 4
i PSC's plans described above were discussed in a telephone conversation on November 0, 1990, between Messrs.
S.
Weiss and R.
Dudley of the NRC and Mr. M. Holmes of PSC.
If you have any questions concerning this information, please contact.
Mr. M. H. Holmes at (303) 480-6960.
I Very truly yours, i
k l
A. C. Crawford Vice President l
Nuclear Operations ACC/SWC/1mb cc: Mr. G. L. Constable, Chief Technical Support Section Division of Reactor Projects Mr. J. B. Baird j
Senior Resident Inspector i
Fort St. Vrain l
i l
I I
l
** TOTAL PAGE.03 **

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LONG ISLAND LIGHTING COMPANY SHOMEHAM NUCLEAR POWER STATION j
P.O. SCX W i s. NOMTN COUNTRY MO AD
* WADING RIVER. N.Y.117 8 2 k
JOHN C. LEON Anl0. jst vct PmattCSNT C'FCI08 C04 POWS M4VCt4 no i
YC8 PMascotN*. 08PICE 08 NVC.4A4 SNRC-1768 NOV 8 1990 U. S. Nuclear Regulatory Commission ATTN:
Document Control Desk Washington, D.
C.,
20555 a
Shipment of Fuel Support Pieces to l
: Barnwell, S.
C.
for Burial Shoreham Nuclear Power Station - Unit 1 Docket No. 50-322 Raft (1)
LILCO (J. D. Leonard, Jr.) Letter SNRC-1760 dated September 24, 1990 to NRC subject:
Shipment of Low Specific Activity Waste (2)
NRC (D. Crutchfield) Letter to LILCO (J. D. Leonard, Jr.) dated October 1, 1990s subject:
Shipment of Fuel Support Pieces to Barnwell, S. C.
for Burial J
4 Gentlemen By this letter, LILCO wishes to inform the Staff that, as a the Commission's October 17, 1990 decision, result of (1) new information concerning the cost and CLI-90-08 and (2) i availability of low-level radioactive waste disposal, LILCO intends to ship 137 fuel support castings and 12 peripheral pieces to the Low-Level Radioactive Waste Repository at Barnwell, j
l South Carolina before December 7, 1990.
On October 1, 1990, the Staff denied LILCO permission to ship LILCO had fuel support pieces to Barnwell (Reference (2)).
earlier informed the Staff of its intention to ship the fuel support pieces in Reference (1).
The Staff premised its denial on LILCO's commitment, in a letter of September 19, 1989 from Mr. Anthony F. Earley, Jr., to protect not LILCO's President, only tnose systems requited for safety in the dofueled mode httt also thoso cystems necessary for full power operation consistent with the Commission's regulations and LILCO's licenseThe Staff, statin obligations.
pieces would " preclude a timely restart," indicated that the is issued to LILCO."
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SNRC-1768 l7 Page 2 i
f Two developments subsequent to the Staff's October i denial prompt LILCO to renew its intention to ship the fuel pieces.
First, on October 17, 1990 the Commission issued a memorandum and i
order, CLI-90-08, that, in ruling on the scope and effect of the i
National Environmental Policy Act on Shoreham's decommissioning,
}
moots the Staff's concern regarding the effect of the shipment on
]
the " timely restart" of the plant.
Specifically, the Commission found that the decision to cease operation of a licensed nuclear j
plant is a private one not subject to Commission review and thus, i
the " alternative of ' resumed operation' (is) beyond
}
Commission consideration.
The Commission concluded that the only
" matter properly within the scope of (its) responsibility" is its obligation to ensure that LILCO (1) " complies with the i
requirements of its operating license and the regulations applicable" to the plant in its defueled mode, and (2) " refrains f
from taking any actions that would materially and demonstrably affect the methods or options available for decommisssioning" 1
prior to the submission and approval of a decommissioning plan.
CLI-90-08, slip op. at 8 & n.3.
The fuel support pieces are part of.a system not required for safety in the defueled mode.
Neither NRC regulations nor NPF-82
}
(as modified by the Confirmatory order of March 29, 1990) contain
}
requirements prohibiting the shipment of low specific activity waste.
In addition, the shipment and disposal of the fuel support pieces plainly will not have a material and demonstrable j
arrect on tne various available dauvmmi=61oning options.
In l
light of CLI-90-08, the Staff's objection that the shipment of j
the support pieces would preclude a " timely ristart" of the plant is moot, t
Second, since LILCO first informed the Staff of the Company's i
intention to ship the fuel support pieces to Barnwell, further information has come to light that heightens LILCO's concern j
about the future cost and availablity of low level waste LL..LLAshad Oeteher 1, 1990 letter i
i cisposal.
upacifically, 4.
i from officials of the states of Nevada, Washington, and South Carolina to New York Governor Cuomo indicates, these three sited l
statoo havo recently directed New Ynrk State to provide
" persuasive evidence by December 7,1990, that New York's efforts are sufficient to guarantee its wastes will not constitute an involuntary burden on other states."
If such evidence is not provided, the officials continue, the sited states will have a
av alternative other than to find New York l
out of compliance with the (Low-Level Radioactive Waste Policy Amendments Act of 1985) and invoke the associated sanction of i!
denial of access to the sited States' disposal l
facilities to all waste generators within the State.
j i
1 4
s

l
.. :E 'N.3::
SNRC-1768 Page 3 f
In light of these uncertainties, LILCO believes that its most cost-effective course of action is to ship the fuel
: prudent, support pieces.to.Barnws11 while access to that facility is stillD assured.
a possession only license is issued to LILCO will result in avoidable extra costs to our ratepayers.
Shoul'd you have any questions or require additional clarification, please do not hesitate to call my office.
l Very truly yours,
/9
/N
/
/
o Leo ard, Jr.
Vi President, Offine f Corporate services an Office of Nuclear
%-8dG/ap l
Attachment cc S. Brown T. T. Martin B. Norris l
't}}