[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23331]
[[Page Unknown]]
[Federal Register: September 21, 1994]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-409; License No. DPR-45]
Dairyland Power Cooperative; La Crosse Boiling Water Reactor
(LACBWR); Confirmatory Order Modifying NRC Order Authorizing
Decommissioning of Facility
I
The Dairyland Power Cooperative (DPC, the licensee) is the holder
of Facility License No. DPR-45, originally issued by the Atomic Energy
Commission, the predecessor to the Nuclear Regulatory Commission (NRC
or Commission) pursuant to 10 CFR Part 50 on August 28, 1973. The
licensee's authority to operate DPR-45 was terminated by license
Amendment No. 56, dated August 4, 1987. The licensee is authorized to
possess but not to operate the La Crosse Boiling Water Reactor (LACBWR)
in accordance with the conditions specified therein. The facility is
located on the licensee's site located 19 miles south of La Crosse,
Wisconsin.
II
In its Order (Decommissioning Order) of August 7, 1991, the NRC
directed DPC to decommission the reactor facility in accordance with
its Decommissioning Plan and the Commission's regulations. This action
was taken in response to the licensee's application for authorization
to decommission the facility, dated December 21, 1987, as revised
February 22, 1988, September 9, 1988, September 30, 1988, January 26,
1989, March 28, 1989, June 6, 1989, October 3, 1989, July 25, 1990, May
10, 1991, and July 25, 1991. Neither the August 7, 1991,
Decommissioning Order, which authorized the licensee to decommission
the reactor facility, nor the approved Decommissioning Plan, contained
an approved procedure that would allow the licensee to: (i) Make
changes in the facility or procedures as described in the
Decommissioning Plan; or (ii) conduct tests or experiments not
described in the Decommissioning Plan, without prior NRC approval.
III
The licensee, in its letters of August 2, and August 5, 1994,
requested the NRC to modify the August 7, 1991, Decommissioning Order
to allow DPC to: (i) Make changes in the facility or procedures as
described in the Decommissioning Plan; and (ii) conduct tests and
experiments not described in the Decommissioning Plan, without prior
NRC approval.
The licensee, as other licensees of both operating facilities and
facilities in the process of being decommissioned, continues to
discover facility improvements which, if implemented, would either
reduce facility operating costs, improve facility safety margins, or
are necessary for continued operation/maintenance of the facility.
Further, a large number of these licensee-initiated facility
improvements, if implemented, would neither increase the probability of
an accident occurring, increase the consequences of an accident, reduce
safety margins, or create a significant environmental impact not
previously evaluated. Thus, in these circumstances, for the NRC to
require a licensee to first receive NRC approval prior to the
implementation of facility improvements that meets the above criteria
would cause an unnecessary burden on the licensee. The NRC has included
such change procedures in recently-issued plant specific
decommissioning orders.
The licensee has committed, prior to making any changes to its
Decommissioning Plan, to apply the safety and environmental review
procedure specified below, which is similar to the safety review
procedure specified in 10 CFR 50.59. This commitment is consistent with
the flexibility under Sec. 50.59 afforded to a licensee authorized to
operate a facility and other Decommissioning Orders issued by the NRC.
Section 50.59(a)(1) allows a holder of a license authorizing
operation of a production or a utilization facility to: (i) Make
changes in the facility or procedures as described in the Safety
Analysis Report; and (ii) conduct tests or experiments not described in
the Safety Analysis Report, without NRC approval, provided the proposed
action does not consist of a change to the facility technical
specifications or an unreviewed safety question.
I find that the licensee's commitments as set forth in its letters
of August 2, and supplemented by letter dated August 5, 1994, are
acceptable and conclude that with these commitments the safety of the
plant is reasonably assured. In view of the foregoing, I have
determined that the public health, safety, and interest require that
the licensee's commitments in its August 2, and August 5, 1994, letters
be confirmed by this Order. The licensee has consented to the issuance
of this Order. (59 FR 46996, September 13, 1994)
IV
Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 50, It Is Hereby Ordered
That The August 7, 1991, Decommissioning Order Is Modified As Follows:
The Order of August 7, 1991, which directed the licensee to
decommission the reactor facility in accordance with its
Decommissioning Plan and the Commission's regulations, is modified to
include the following procedure by which the licensee is allowed to:
(i) Make changes in the facility or procedures as described in the
Decommissioning Plan; and (ii) conduct tests or experiments not
described in the Decommissioning Plan, without prior NRC approval:
(a)(1) The licensee may (i) make changes in the facility or
procedures as described in the Decommissioning Plan, and (ii)
conduct tests or experiments not described in the Decommissioning
Plan, without prior NRC approval, unless the proposed change, test
or experiment involves a change in technical specifications (TS)
incorporated in the license, an unreviewed safety question, or
results in a significant environmental impact not previously
evaluated in the Environmental Assessment in support of the August
7, 1991, Decommissioning Order or the Final Environmental Statement
(FES) related to operation of LACBWR, dated April 21, 1980 (NUREG-
0191). Notwithstanding the above, a reduction in site staffing
levels below the minimum number for any group or area shown on the
organization chart (Fig. 6.1) in the LACBWR Decommissioning Plan, or
a change in the reporting relationships for the Plant Manager must
be submitted to the NRC as specified in 10 CFR 50.4, and receive NRC
approval prior to implementation.
(2) A proposed change, test or experiment shall be deemed to
involve an unreviewed safety question (i) if the probability of
occurrence or the consequences of an accident or malfunction of
equipment necessary for SAFSTOR previously evaluated in either the
Final Safety Analysis Report (FSAR) or the Decommissioning Plan may
be increased, or (ii) if a possibility for an accident or
malfunction of a different type than evaluated previously in the
FSAR or Decommissioning Plan may be created, or (iii) if the margin
of safety as defined in the basis for any TS is reduced.
(b)(1) The licensee shall maintain records of changes in the
facility and of changes in procedures made pursuant to this
procedure, to the extent that these changes constitute changes in
the facility or procedures as described in either the FSAR or the
Decommissioning Plan. The licensee shall also maintain records of
tests and experiments performed pursuant to paragraph (a) of this
section. These records must include a written safety evaluation
containing the basis for the determination that the changes, tests
or experiments do not involve an unreviewed safety question, or a
significant environmental impact not previously evaluated.
(2) The licensee shall annually submit, as specified in 10 CFR
50.4, a report containing a brief description of any changes, tests,
and experiments, including a summary of the safety evaluation of
each.
(3) The licensee shall maintain records of changes in the
facility until the date of termination of the license and shall
maintain the records of changes in procedures and records of tests
and experiments for a period of three years.
(c) If the licensee desires (1) a change in the TS, or (2) to
make a change in the facility or procedures described in the
Decommissioning Plan or conduct tests or experiments not described
in the Decommissioning Plan, which involve an unreviewed safety
question, a change in the TS, or a significant environmental impact
not previously evaluated, the licensee shall submit an application
for amendment of its license pursuant to 10 CFR 50.90.
V
Any person adversely affected by this Confirmatory Order, other
than the licensee, may request a hearing within 20 days of its
issuance. Any request for a hearing shall be submitted to the
Secretary, U.S. Nuclear Regulatory Commission, Attn: Chief, Docketing
and Service Section, Washington, DC 20555. Copies of the hearing
request shall also be sent to the Director, Office Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555, to the Assistant General Counsel for Hearings and Enforcement
at the same address, to the Regional Administrator, NRC Region III, 801
Warrenville Road, Lisle, IL 60532-4351, and to the licensee. If such a
person requests a hearing, that person shall set forth with
particularity the manner in which his interest is adversely affected by
this Confirmatory Order and shall address the criteria set forth in 10
CFR 2.714(d).
If the hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, the provisions specified
in Section IV shall be final 20 days from the date of this Order
without further proceedings.
For further details with respect to this action, see: (1) The
Commission's order authorizing decommissioning of facility, dated
August 7, 1991; (2) the licensee's application for authorization to
decommission the facility, dated December 21, 1987, as revised February
22, 1988, September 9, 1988, September 30, 1988, January 26, 1989,
March 28, 1989, June 6, 1989, October 3, 1989, July 25, 1990, May 10,
1991, and July 25, 1991; (3) Amendment No. 66 to License No. DPR-45,
SAFSTOR TS; (4) the Commission's related Safety Evaluation; and (5) the
Environmental Assessment and Finding of No Significant Impact. These
documents are available for public inspection at the Commission's
Public Document Room, 2120 L Street, NW., Washington, DC 20555, and at
the La Crosse Public Library, 800 Main Street, La Crosse, Wisconsin
54601. Copies of items (1), (3), (4), and (5) may be obtained upon
request addressed to the U.S. Nuclear Regulatory Commission,
Washington, DC 20555, Attention: Director, Division of Waste
Management.
Dated at Rockville, Maryland, this 15th day of September 1994.
For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Director, Division of Waste Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 94-23331 Filed 9-20-94; 8:45 am]
BILLING CODE 7590-01-M
