ML20155J019

Environ Assessment & Finding of No Significant Impact Re Exemption from 10CFR50.54(w)(5)(i) Re Schedular Requirements of Property Insurance Rule,Effective 881004

ML20155J019
Person / Time
Site:	Three Mile Island
Issue date:	10/19/1988
From:	Stolz J Office of Nuclear Reactor Regulation
To:
Shared Package
ML20155J018	List: ML20155J017 ML20155J019
References
NUDOCS 8810250087
Download: ML20155J019 (6)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION GPU NUCLEAR CORPORATION THREE MILE ISLAND NUCLEAR STATION, UNIT 2 DOCKET NO. 50-320 ENVIRONMENTAL ASSESSMENT AND FINDING OF ,

NO SIGNIFICANT IMPACT CONCERNING EXEMPTION FROM 10CFR50.54(w)(5)(1) t The U. S. Nuclear Regulatory Comission (the Comission) is considering ,

issuanceofenexemptionfromtherequirementsof10CFR50.54(w)(5)(1),

relative to Facility Operating License No. DPR-73, issued to GPU Nuclear '

Corporation (the licensee) for the Three Mile Island Nuclear Station Unit 2 (TM1-2), located at the licensee's site in Londonderry Township, Dauphin  ;

County, Pennsylvania. By Order for Modification of License, dated July 20, 1979, the licensee's authority to operate the facility was suspended and the licensev's authority was limited to maintenance of the facility in the present shutdown cooling mode (44 FR 45271). By further Order of the Director, Office nf Nuclear Reactor Regulation, dated February 11, 1980, a new sat of formal license requiremer.ts was imposed to reflect the post-accident condition of the facility and to assure the continued maintenance of the current safe, f stable, long-term cooling condition of the facility (45 FR 11292). The '

license provides, among other things, that it is subjvet to all rules,  !

regulations and Orders of the Comission now or hereaf ter in affect.

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$8h2388!$$$$$2o g PDC i

1. , 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 stabilir.ation and decontamination after an accident and p.ovided for payment of proceeds to an independent 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 -

1 offer nuclear property insurance that, despite a good faith effort to obtain '

4 trustees required by the rule, the decontamination priority and trusteeship l provisions will not be able to be incorporated into policies by the time required in the rule. In response to these coments and related petitions for.rulemaking, the Comission has proposed a revision of 10 CFR 50.54(w)(5)(1) extending the i

implementationschedulefor18 months (53FR36338, September 19,1988). However, since this rulemaking action was not completed by October 4,1988, the Comission

! is issuing a temporary exemption from the requh ements of 10 CFR 50.54(w)(5)(1)  ;

until completion of the pending rulemaktng extending the implementation date  ;

j specifiedin10CFR50.54(w)(5)(i),butnotlaterthanApril1,1989. Upon

]' completion of such rulemaking, the licensee shall comply with the provisions of l such rule, i

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f The Need for The Proposed Action:

The exemption is needed because insurance complying with requirements of 10 CFR 50.54(w)(5)(1) is unavailable and because the temporary delay in 4

implementation allowed by the exemption and associated rulemaking action will permit the Cossnission to reconsider on its merits the trusteeship provision of i 10CFR50.54(w)(4). j Environmental Im;, cts of the Proposed Actioti:

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 i delaying for a reasonable tiene the implementation of th> stabilization and decontamination priority and trusteeship provisions of Section 50.54(w) will not adversely affect protection of public health and safety. First, during the period of delay, the licensee will still be raquired to carry $1.06 billion insurance. This is a substantial amount of coverage that provides a signifi-cant financial tsshion to licensees 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-l '

ination liability and excess property insurance language of the Nuclear Electric  !

i Insurance Limited-Il policies. Finally, there is only an extremely small prob-  !

ability of a serious accident occurring during the exemption period. Even if a serious accident giving rise to substantial insu.ance claims were to occur, NRC j would be able to take appropriate enforcement actica to assure adequate cleanup i to protect public health and safety and the environment, l

l The proposed exemption does not affect radiological or nonradiological effluents from the site and has no other nonradiological 'mpacts.

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4 Alternatives to the Proposed Action:

It has been conduded 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 connut. a witn the proposed exerrption. .

FINDING OF NO SIGNIFICANT IMPACT Based upon the foregoing environmental assessment, the Comission concludes that the proposed action will not have a significcat effect on the  ;

quality of the human environment. Accordingly, the Comission has determined

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i 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 Comission's Public Document Room, 2120 L Street, NW, Washington, D.C., and at the State i Library of Pennsylvania, Government Publications Section, Education Building,  !

Walnut Street and Comonwealth Avenue, Harrisburg, Pennsylvania 17105.

4 Dated at Rockville, Maryland this 19th day of October , 1988. l FOR THE NUCLEAR REGULATORY COMMIT'!0N f 0 J l F. Stolz, Dir tor oject Directorate 1-4 Division of Reactor Projects-I/II l

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• l Mr. M. B. Roche Three Mile Island Nuclear Station GPU Nuclear Corporation Unit No. 2 cc:

Frank Lynch, Editorial Regional Administrator, Region I The Patriot U.S. Nuclear Regulatory Commission 812 Market Street 475 Allendale Road Harrisburg, PA 17105 1

King of Prussia, PA 19406 Dr. Judith H. Johnsrud Robert B. Borsum Environmental Coalition on Nuclear Power Babcock & Wilcox 433 Orlando Avenue Nuclear Power Division State College, PA 16801 Suite 525 1700 Rockville Pike Rockville, MD 20852 Ernest L. Blake, Jr., 2 squire Marvin I. Lewis Shaw, Pittman, Potts, and Trowbridge 7801 Roosevelt Blvd. f62 2300 N Street, N.W. Philadelphia, PA 19152 Washington, DC 20037 Secretary Jane Lee U.S. Nuclear Regulatory Commission 183 Valley Road Washington, DC 20555 Etters, PA 17319 ..

q Sally S. Klein, Chairperson Walter W. Cohen, Consumer Dauphin County Board of Commissioners Advocate  ;

, Dauphin County Courthouse Department of Justice i Front and Market Streets Strawberry Square, 14th Floor Harrisburg, PA 17101 Harrisburg, PA 17127 Thomas M. Gerusky, Director Mr. Edwin Kinter Bureau of Radiation Protection Executive Vice President Departrent of Environnental Resources GPU Nuclear Corporation P. O. Box 2063 100 Interpace Parkway '

Harrisburg, PA 17120 Parsippany, NJ 07054 Ad Crable U.S. Environmental Prot. Agency Lancaster New Era Region III Office 8 West King Street Attn: EIS Coordinator Lancaster, PA 17601 Curtis Building (Sixth Floor)

, 6th and Walnut Streets U.S. Department of Energy P. O. Box 88 Middletown, PA 17057

' David J. McGoff Richard Conte Office of LWR Safety and Technology SeniorResidentInspector(TMI-1) l NE-23 U.S.N.R.C. '

i U.S. Department of Energy Post Office hex 311 i Washington, DC 20545 Middletown, Pennsylvania 17057 ,

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e f Mr. M. B. Roche Three Mile Island Nuclear Station GPU Nuclear Corporation Unit No. 2 L CC:

T. F. Demitt R. E. Rogan I GPU Nuclear Corporation GPU Nuclear Corporation ,

G. Xuehn 5. Levin  !

GPU Nuclear Corporation GPU Nuclear Corporation J. J. Byrne W. J. Marshall  !

GPU Nuclear Corporation GPU Nuclear Corporation

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