ML112092546

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Letter to Mr. Berg of Dairyland Power Cooperative Forwarding the Exemption for Lacrosse
ML112092546
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 06/20/2012
From: John Hickman
NRC/FSME/DWMEP/DURLD/RDB
To: Berg W
Dairyland Power Cooperative
John Hickman, FSME/DWMEP,(301) 415-3017
Shared Package
ML112092509 List:
References
TAC J00388
Download: ML112092546 (4)


Text

June 20, 2012

Mr. W. L. Berg President and Chief Executive Officer Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817

SUBJECT:

LA CROSSE BOILING WATER REACTOR - ISSUANCE OF EXEMPTION FROM CERTAIN SECURITY REQUIREMENTS OF 10 CFR 73.55 (TAC NO. J00388)

Dear Mr. Berg:

The Commission has granted Dairyland Power Cooperative, the licensee for LaCrosse Boiling Water Reactor, the enclosed exemption from certain requirements of 10 CFR 73.55.

The Commission has determined that, pursuant to 10 CFR 73.5, an exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest based on the reduced radiological risk to the public from an ISFSI at a permanently shutdown, defueled reactor. Therefore, the Commission hereby grants Dairyland Power Cooperative an exemption from the 10 CFR 73.55(a)(1) requirement to implement the revised rule by March 31, 2010; 10 CFR 73.55(b)(3)(i) requirement to interdict and neutralize threats; 10 CFR 73.55(b)(6) requirement to demonstrate and assess effectiveness of LLEA who serve as armed responders; 10 CFR 73.55(b)(9)(ii)(A); 10 CFR 73.55(i)(5)(ii); and 10 CFR 73.55(k)(6)(i). With regard to the exemption from the implementation date of March 31, 2010, the date to implement the 10 CFR 73.55 requirements shall correspond with issuance of this exemption.

Other requirements from which you requested exemptions were determined to either not be applicable to your facility or are being met by your current program, therefore, an exemption was denied. The enclosed NRC staff Safety Evaluation Report articulates the basis for granting and denying your specific exemption requests.

Part of this licensing action meets the categorical exclusion provision in 10 CFR 51.22(c)(25)(vi)(F), because it is an exemption from the requirements of the Commission's regulations and (i) there is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve safeguard plans. Therefore, the part of the action that involves safeguards plans does not require either an environmental assessment or an environmental impact statement.

W. L. Berg 2 Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the exemption from the implementation date requirement in 10 CFR 73.55(a)(1) was published in the Federal Register on May 8, 2012 (77 FR 27097). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. The exemption will be published in the Federal Register. In accordance with 10 CFR 2.390 of the NRC

=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC

=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). The Safety Evaluation Report contains Sensitive Unclassified Non-Safeguards Information (SUNSI) and is being withheld from public inspection in accordance with 10 CFR 2.390.

Sincerely,

/RA/

John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-409 License No.: DPR-45

Enclosures:

Exemption Safety Evaluation (Official Use Only - Security Related Information)

cc (without Safety Evaluation): LaCrosse BWR Service List

W. L. Berg 2 Pursuant to 10 CFR 51.21, 51.32, and 51.35, an environmental assessment and finding of no significant impact related to the exemption from the implementation date requirement in 10 CFR 73.55(a)(1) was published in the Federal Register on May 8, 2012 (77 FR 27097). Based upon the environmental assessment, the Commission has determined that issuance of this exemption will not have a significant effect on the quality of the human environment. The exemption will be published in the Federal Register. In accordance with 10 CFR 2.390 of the NRC

=s ARules of Practice,@ a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC

=s Agency-wide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). The Safety Evaluation Report contains Sensitive Unclassified Non-Safeguards Information (SUNSI) and is being withheld from public inspection in accordance with 10 CFR 2.390.

Sincerely, /RA/ John B. Hickman, Project Manager Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-409 License No.: DPR-45

Enclosures:

Exemption Safety Evaluation (Official Use Only - Security Related Information)

cc (without Safety Evaluation): LaCrosse BWR Service List Distribution

DWMEP r/f C Lipa, RIII D Garner, NSIR G Bonano, RIII

ML112092509 OFFICE DWMEP DWMEPDWMEPNAME JHickman CHolstonBWatson DATE 5/24/ 2012 8 / 2 / 20118 / 22 / 2011 OFFICE OGC (NLO) DWMEPDWMEPNAME JBielecki and EBowdenBerry KMcConnell JHickman DATE 5 / 24 / 2012 6/19/20126/20/2012 OFFICIAL RECORD COPY La Crosse Boiling Water Reactor Service List cc: Mr. William L. Berg President and Chief Executive Officer Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817

Mr. Thomas Zaremba Wheeler, Van Sickle and Anderson Suite 801 25 West Main Street Madison, WI 53703-3398 Mr. George Kruck Chairman, Town of Genoa S5277 Mound Ridge Road Genoa, WI 54632 Mr. Jeffery Kitsembel Electric Division Wisconsin Public Service Commission P.O. Box 7854 Madison, WI 53707-7854

Mr. Paul Schmidt, Manager Radiation Protection Section Bureau of Environmental and Occupational Health Division of Public Health Wisconsin Department of Health Services P.O. Box 2659 Madison, WI 53701-2659 Mr. Michael A. Brasel, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI 54632-8846 Mr. Jeff McRill, Technical Support Engineer La Crosse Boiling Water Reactor Dairyland Power Cooperative S4601 State Highway 35 Genoa, WI 54632-8846 Regional Administrator Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532-4352