[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1470]


[[Page Unknown]]

[Federal Register: January 21, 1994]


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NUCLEAR REGULATORY COMMISSION
 

Long Island Power Authority, (Shoreham Nuclear Power Station Unit 
1); Exemption

[Docket No. 50-322]

I

    The Long Island Power Authority (LIPA or the licensee), is the 
holder of Possession-Only License No. NFP-82, which authorizes 
possession and maintenance of the Shoreham Nuclear Power Station, Unit 
1 (SNPS). The license provides, among other things, that SNPS is 
subject to all rules, regulations, and Orders of the U.S. Nuclear 
Regulatory Commission now or hereafter in effect. SNPS is a boiling 
water reactor located in the town of Brookhaven, Suffolk County, New 
York, about 50 miles east of New York City on the north shore of Long 
Island. SNPS is permanently shutdown, defueled, and currently being 
dismantled in accordance with the approved SNPS Decommissioning Plan 
(DP). Decommissioning of SNPS is approximately 75 percent complete. 
LIPA has entered into a contract with Philadelphia Electric Company 
(PECO) to sell the slightly irradiated fuel to PECO. Initial fuel 
transfer began in September 1993 and LIPA estimates that fuel transfer 
will be completed in May 1994.

II

    By letter dated August 2, 1993, LIPA requested an exemption, in 
accordance with 10 CFR 50.12, from the requirements of 10 CFR 50.54(w) 
of the Code of Federal Regulations. This rule states the following:

    Each electric utility licensee under this part for a production 
or utilization facility of the type described in 10 CFR 50.21.(b) 
and 10 CFR 50.22 shall take reasonable steps to obtain insurance 
available at reasonable costs and on reasonable terms from private 
sources or to demonstrate to the satisfaction of the Commission that 
it possesses an equivalent amount of protection covering the 
licensee's obligation in the event of an accident at the licensee's 
reactor, to stabilize and decontaminate the reactor and the reactor 
station site at which the reactor experiencing the accident is 
located, provided that: * * *

III

    The NRC may grant exemptions from the requirements of the 
regulations which, pursuant to 10 CFR 50.12(a), are: (1) Authorized by 
law, will not present an undue risk to the public health and safety, 
and are consistent with the common defense and security; and (2) when 
special circumstances are present.
    The special circumstances identified by the licensee in their 
August 2, 1993, letter for SNPS are: (1) SNPS is shutdown, defueled, 
and being dismantled; (2) the risk of an accident as defined in 10 CFR 
50.54(w) that would require reactor stabilization or extensive 
decontamination does not exist at Shoreham; (3) LIPA will continue to 
maintain 5 million dollars in property damage insurance in the event of 
an accident to prevent against economic loss; and (4) there are no 
credible accident scenarios that could result in offsite doses greater 
than a small fraction of the U.S. Environmental Protection Agency's 
``Protective Action Guidelines.''

IV

    The staff finds that the special circumstances at SNPS, presented 
in Section III above, satisfy the requirements of 10 CFR 
50.12(a)(2)(ii).
    Based on the special circumstances at SNPS, the NRC staff has 
determined that, pursuant to 10 CFR 50.12(a)(1), an exemption is 
authorized by law, and that this exemption will not present an undue 
risk to the public health and safety and is consistent with the common 
defense and security.
    Accordingly, the NRC hereby grants an exemption from 10 CFR 
50.54(w) pursuant to 10 CFR 50.12. The exemption deletes the 
requirements to continue to maintain on-site property damage insurance.
    Pursuant to 10 CFR 51.32, the NRC has determined that the granting 
of this exemption will not have a significant effect on the quality of 
the human environment (58 FR 68675, December 28, 1993).
    A copy of the licensee's request for exemption and supporting 
documentation dated August 2, 1993, and the NRC staff's Safety 
Evaluation, included in the exemption, are available for the public 
inspection at the NRC's Public Document Room, 2120 L Street, NW., 
Washington, DC 20037, and at the Shoreham Wading River Public Library, 
Shoreham Wading River High School, Route 25A, Shoreham, NY 11792.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland this 11th day of January 1994.
    For the Nuclear Regulatory Commission.
John T. Greeves,
Director, Division of Low-Level Waste Management and Decommissioning, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 94-1470 Filed 1-19-94; 4:15 pm]
BILLING CODE 7590-01-M