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Category:GRANTS OF EXEMPTION FROM & EXTENSION TO NRC REQUIREME
MONTHYEARML20154R1401988-09-29029 September 1988 Exemption from 10CFR50.54(w)(5)(i),requiring Licensees to Obtain Insurance Policies That Prioritize Insurance Proceeds for Stabilization & Decontamination After Accident 1988-09-29
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20085E5701995-06-0909 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20083N4251995-04-27027 April 1995 Comment on Proposed GL Re Pressure Locking & Thermal Binding of safety-related power-operated Gate Valves ML20149K0741994-02-0303 February 1994 Investigative Interview of Jy Latimer on 940203 in Charlotte,Nc.Witnesses:Jy Latimer ML20149K0661993-10-28028 October 1993 Rept of 931027 Telephone Interview W/J Latimer ML20127M4091992-10-0202 October 1992 CP&L Response to Appeal to NRC Commissioners of NRC Staff Denial of Nirs Petitions for Immediate Enforcement Action of 920721 & 0812.* Commission Should Affirm NRR Denial of Nirs Petitions.Certificate of Svc Encl ML20246N0411989-03-17017 March 1989 Order Imposing Civil Monetary Penalty in Amount of $50,000 to Licensee.Evaluation & Conclusions Encl ML20154R1401988-09-29029 September 1988 Exemption from 10CFR50.54(w)(5)(i),requiring Licensees to Obtain Insurance Policies That Prioritize Insurance Proceeds for Stabilization & Decontamination After Accident ML20086L0491984-02-0101 February 1984 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20079P6341984-01-26026 January 1984 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20079H8821984-01-20020 January 1984 Testimony of PD Raskin,Introducing Rept, Electric Rate Consequences of Retiring Robinson 2 Nuclear Power Plant. Certificate of Svc Encl ML20079G4271984-01-17017 January 1984 Suppl to Answer to First Set of Interrogatories & Request to Produce ML20079G4401984-01-17017 January 1984 Suppl to Answers to Second Set of Interrogatories & Request to Produce.Certificate of Svc Encl ML20079G4361984-01-13013 January 1984 Suppl to Answers to Second Set of Interrogatories & Request to Produce ML20083J4091983-12-28028 December 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20083C5751983-12-19019 December 1983 Supplemental Response to Interrogatories on Contention 3. PD Raskin & Td Austin Will Be Made Available for Deposition on 840105 to Present Expert Testimony on Steam Generator Repair.Certificate of Svc Encl ML20082T4231983-12-12012 December 1983 Motion to Strike Contention 2.Contention Mooted by Issuance of Fes.Certificate of Svc Encl ML20078D2761983-09-30030 September 1983 Affidavit of CR Dietz Re Util Further Answers to Hartsville Group First Set of Interrogatories.Certificate of Svc Encl ML20080M8281983-09-30030 September 1983 Further Answers to First Set of Interrogatories Per Agreement.Certificate of Svc Encl ML20078D2601983-09-0808 September 1983 Affidavit of RB Starkey Re Util Answers to Hartsville Group First Set of Interrogatories.Certificate of Svc Encl ML20076C9441983-08-18018 August 1983 Answers to Second Set of Interrogatories & Requests to Produce.Certificate of Svc Encl.Related Correspondence ML20076C7651983-08-18018 August 1983 Objections to Second Set of Interrogatories & Requests to Produce,Including Interrogatories 3-24,3-27 & 3-30. Certificate of Svc Encl ML20076A7121983-08-15015 August 1983 Answer to Hartsville Group 830711 Motion to Compel Responses to Interrogatories & Requests to Produce Documents. Certificate of Svc Encl ML20076A6791983-08-15015 August 1983 Responses to Interrogatories Per Agreement.Notice of Appearance & Certificate of Svc Encl ML20076A8151983-08-15015 August 1983 Discovery Status Rept.No Need for Further Discovery Identified.Hearing Should Begin 25 Days After Fes Issuance. Certificate of Svc Encl ML20077G6411983-08-0101 August 1983 Second Set of Interrogatories & Requests to Produce ML20077G6281983-08-0101 August 1983 Second Set of Interrogatories & Requests to Produce ML20077G6181983-08-0101 August 1983 Motion to Require NRC Responses to Hartsville Group Second Set of Interrogatories & Requests to Produce.Answers Necessary to Proper Decision & Not Reasonably Obtainable from Any Other Source ML20080A2861983-07-20020 July 1983 Suppl to Answers to Interrogatory 1-35.Certificate of Svc Encl ML20077A5391983-07-20020 July 1983 Request for Extension Until 830815 to File Status Rept on Proceeding.Hearing Cannot Be Held in Sept 1983 Since NRC Has Not Issued Des or Safety Evaluation.Hartsville Group & Util Are to Confer on Interrogatories.Certificate of Svc Encl ML20077A5431983-07-20020 July 1983 Request to Extend Until 830815 Filing Date for Responding to Hartsville Group 830711 Motion to Compel Applicant Response to Hartsville 830516 Interrogatories.Applicant & Hartsville Are to Discuss Motions.Certificate of Svc Encl ML20072N5071983-07-11011 July 1983 Motion to Compel Applicant Responses to Interrogatories & Requests to Produce Documents.Util Objections Assert Numerous Insubstantial & Unwarranted Objections.Affidavit of Svc Encl ML20090F6881983-06-30030 June 1983 Objections to Hartville Group First Set of Interrogatories & Requests to Produce.Certificate of Svc Encl ML20090F6471983-06-30030 June 1983 Answers to First Set of Interrogatories & Requests to Produce Documents Re Administrative Organization.Certificate of Svc Encl.Related Correspondence ML20024B1171983-06-27027 June 1983 Response to First Set of Interrogatories.Affidavit of Svc Encl ML20024B1131983-06-27027 June 1983 Response to Interrogatories & Requests for Documents.Related Correspondence ML20074B0361983-05-16016 May 1983 Motion to Require NRC Responses to Hartsville Group Interrogatories & Requests to Produce.Answers Necessary for Proper Decision & Not Reasonably Obtainable from Any Other Source.Related Correspondence ML20071F4691983-05-16016 May 1983 First Set of Interrogatories & Requests to Produce.Affidavit of Svc Encl ML20074A5501983-05-11011 May 1983 Response to Hartsville Group 830426 Objection to ASLB 830412 Order Following Special Prehearing Conference & Motion for Referral.Hartsville Failed to Challenge Foundation of ASLB Rulings Rejecting Contentions.W/Certificate of Svc ML20074A5201983-05-11011 May 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20074A4731983-05-11011 May 1983 First Set of Interrogatories to Hartsville Group on Contention 3 Re cost-ineffectiveness of Proposed Steam Generator Repair.Responses Due within 45 Days.Certificate of Svc Encl.Related Correspondence ML20023B9961983-05-0404 May 1983 Request for Authorization to Reply to Hartsville Group 830426 Objection to 830412 Order & Motion for Denial of Contentions 4,5 & 9.Certificate of Svc Encl ML20073R1311983-04-26026 April 1983 Objection to 830412 Order Following Special Prehearing Conference & Motion for Referral.Nrc Licensee Failed to Cite Precedent for Disallowing Contentions 4,5 & 9. Certificate of Svc Encl ML20069C2811983-03-14014 March 1983 Response Opposing Concerned Fools of Darlington County 830301 Suppl to Petition to Intervene,Containing Contentions.No Contentions Identified.No Basis Stated for Any Contention ML20069C3061983-03-14014 March 1983 Response to Hartsville Group 830301 Suppl to Petition to Intervene.Opposes Contentions 1,4,5,6,7,8,9 & Portion of 3. Contentions 2 & Portion of 3 Are Allowable.Suggests Contentions Be Rewritten.Certificate of Svc Encl ML20079N9641983-03-0101 March 1983 Suppl to Petition to Intervene Delineating Contentions. Affidavit of Svc Encl ML20071C8151983-03-0101 March 1983 Suppl to Hartsville Group Petition to Intervene & Request for Hearing,Listing Contentions.Affidavit of Svc Encl ML20064N8161983-02-10010 February 1983 Response Opposing Hartsville Group & Concerned Fools of Darlington County Motions to Extend Dates for Filing Contentions & for Prehearing Conference.Time Allowed for Filing More than Enough.W/Certificate of Svc ML20070T2161983-02-0303 February 1983 Motion for Reconsideration of ASLB 830101 Order Establishing Prehearing Conference Dates.Current Date Undercuts Ability to Prepare Suppl Fully & Fairly.Order Received 1 Wk After Issuance.Affidavit of Svc Encl ML20028G2731983-02-0202 February 1983 Request for Reconsideration of ASLB 830121 Order Scheduling 830324 Special Prehearing Conference & Setting 830224 as Date to File Contentions.Affidavit of Svc Encl ML20070N2181983-01-21021 January 1983 Notices of Appearance in Proceedings Re Steam Generator Repairs.Certificate of Svc Encl 1995-06-09
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7590-01 ,
UNITED STATES OF AMERICA ,
NUCLEAR REGULATORY COMMISSION In the matter of CAROLINA POWER & LIGHT COMPANY, et al. Docket No. 50-261 (H. B. Robinson Steam Electric Plant, !
Unit No. 2) ;
] EXEMPTION l
1 r
- 1. !
Carolina Power & Light Company (the licensee), is the holder of Facility I Operating License No. DPR-23, which authorizes operation of the H. 8. Robinson l
Steam Electric Plant, Unit No. 2. The license provides, among other things, [
that the licensee is subject to all rules, regulations, and orders of the Comission now or hereaf ter in effect.
i The facility consists of a pressurized water reactor at the liceasee's site }
located in Darlington County, South Carolina.
l 1 II. ;
! 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 cn-site property j
{ 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 ;
i L 1 that prioritized insurance proceeds for stabilization and decontamination after !
l ,
an accident and provided for payment of proceeds to an independent trustee who ;
j would disburse funds for decontamination and cleanup before any other purpose. ;
1 Subsequent to publication of the rule, the NRC has been informed by insurers who
! offer nuclear property insurance that, despite a good faith effort to obtain l k trustees required by the rule, the decontamination priority and trusteeship j i
l provisions will not be able to be incorporated into policies by the time required j j 0810040179 800929 i POR ADOCK 05000261 -
l 5 PNU j
- }
N, - - .-- , . _ _ , .._ _ - . _ _ _._ - , ._-_ - - _ - .- . . . _ , _ , . , . . - . . . . . _ , - - _ - .
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in the rule. In response to these comments and related petitions for rulemaking the Counission has proposed a revision of 10 CFR 50.54(w)(5)(i) extending the implementation schedule for 18 months (53 FR 36338, September 19, 1988). However, because it is unlikely that this rulemaking action will be completed by October 4,1988, the Connission is issuing a temporary exemption from the requiren.ents of 10 CFR 50.54(w)(5)(1) until cornpletion of the pending rulemaking extending the implementation date specified in 10 CFR 50.54(w)(5)(1), but not later than April 1, 1989. Upon completion of such rulemaking, the licensee shall comply with the provisions of such rule.
Pursuant to 10 CFR 50.12. "The Comission may, upon application by any .
interested person or upon its own initiative, grant exemptions from the requirernents of the regulations of [10 CFR Part 50], which are ... Authorized by law, will not present an undue risk to the public health and safety, anc are consistent with the common defense and security." Further,Section50.12(a)(2) providt.s inter alia, "The Connission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever ... (v) The exemption would provide only temporary relief from the applicable regulation and the licensee has made good faith efforts to comply with the regulation."
Despite a good faith effort to cernply with the provisions of the rule, insurers providing property damage insurance for nuclear power facilities and licensees insured by such insurers have not been able to cocply with the regulation and the exemption provides only temporary relief from the applicable regulation.
\
i As noted by the Conrnission in the Supplementary Information accompanying the proposed rule, there are several reasons for concluding that delaying for f d reasonable time the implementation of the stabilization and decontamination '
t 1 priority and trusteeship provisions of Section 50.54(w) will not adversely l affect protection of public health and safety. First, during the period of f
delay, the licensee will still be required to carry $1.06 billion insurance.
-l This is c substantial amount of coverage that provides a significant financial cushion to licensees to decontaminate and clean up after an accident even without the prioritization aad trysteeshio provisions. Second, nearly 75% of
- the required coverage is alreaoy prioritized under the decontanination liability I and excess property insurance langvage of the Nuclear Electric Insurance .
]
) Limited-II rolicies. Finally, there is only an extremely small probability of l a serious accident occurring during the exemption period. Even if a s'erious I accident giving rise to substantial insurance claims were to occur, NRC would be able to take appropriate enforcerent action to assure adequate cleanup to protect -
- i i public health and safety and the environment, ,
i
) IV.
i Accordingly, the Comission has determined, pursuant to 10 CFR 50.12(a), r i ;
j that (1) a temporary exemption as described in Section !!! is authorized by l r
1 law, will not present an undue risk to the public health and safety, and is i l
consistent with the comen defense and security anc (2) in this case, special l l
circunstances are present as described in Section Ill. Therefore, the l Comission hereby grants the following excmption: {
1 i
Carolina Power & Light Conpany is exempt from the requirerents of }'
l 10 CFR 50.54(w)(5)(i) until the completion of the pending rulemaking
.j cxtending the implementation date specified in 10 CFR 50.54(w)(5)(i), but 1 net later than April 1, 19S9. Upon completion of such rulemaking the licensee shall comply with the provisions of such rule, j L .-~ ___ __. __.-_- _ _ _ _-_ _ _ _ _ __ _ -___ _ _ .__. _._ _-_
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not result in any significant environinental impact
( 53 FR 38116).
This exemption is effective upon issuance.
Dated at Rockville, Maryland this 29th day of September , 1988.
FOR THE NUCLEAR RECULATORY COP.HISSION
\b Steven A. Varga, Director Division of Reactor Projects I/II Office of Nuclear Reactor Regulation 1
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