[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20756]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-313/368, 72-1007; License Nos. DPR-51/NPF-6]

 

Arkansas Nuclear One; Sierra Nuclear Corporation; Receipt of 
Petition for Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated July 5, 1994, Dennis 
Dums, on behalf of the Wisconsin Citizen's Utility Board (CUB or 
Petitioner) requested that the Nuclear Regulatory Commission (NRC) take 
action with regard to Arkansas Nuclear One Units 1 and 2 (ANO). The 
Wisconsin CUB has previously corresponded with NRC concerning issues 
related to the NRC-certified VSC-24 dry storage cask due to Wisconsin 
Electric Power Company's planned use of the cask at its Point Beach 
nuclear power plant. Petitioner requests that: (1) The NRC determine 
the applicability of 10 CFR 72.48 to 10 CFR Subparts K and L and inform 
the public of this determination; (2) the NRC direct its legal counsel 
to determine whether Entergy Operations, Inc. (Entergy) is in violation 
of any NRC regulations regarding Entergy's use of 10 CFR 72.48 with 
respect to making modifications to the VSC-24 Cask Safety Analysis 
Report (SAR) for use at Arkansas Nuclear One (ANO) and inform the 
public of this determination; (3) the NRC determine whether Entergy's 
directions to Sierra Nuclear Corporation (SNC) to construct more casks 
than were approved was a violation of NRC regulations and order Entergy 
to cease its use of 10 CFR 72.48 until the NRC completes an 
investigation of the applicability of 10 CFR 72.48 to 10 CFR Part 72, 
Subparts K and L; and (4) the NRC determine whether SNC's construction 
of the casks for use at ANO was a violation of NRC regulations and 
order SNC to cease all construction of VSC-24 casks for use at ANO that 
are being constructed based on Entergy's 10 CFR 72.48 evaluation.
    Petitioner asserts as bases for these requests that: ANO is 
currently pursuing spent fuel storage at ANO through use of 10 CFR 
Subparts K and L; ANO currently intends to utilize the VSC-24 
constructed by vendor SNC under an SAR submitted in October, 1991 and 
safety evaluation report (SER), issued by the NRC in April, 1993; an 
NRC response, dated January 31, 1994, to an October 13, 1993, public 
request for information, stated that Subparts K and L of 10 CFR Part 72 
are silent on cask SAR and certificate changes after the final rule; 
and ANO request for a rule exemption to 10 CFR 72.234(c) was granted by 
the NRC to allow for the fabrication of four VSC-24 casks to the longer 
length prior to NRC approval of SNC's June 14, 1993, submittal of 
Revision 1 to the 1991 VSC-24 Cask SAR; a February 14, 1994, memorandum 
to NRC Assistant General Counsel Treby requested a legal interpretation 
of the applicability of 10 CFR 72.48 to general licenses issued under 
10 CFR 72.210; a May 19, 1994, meeting was held regarding SNC's 
revisions to VSC-24 SAR and the applicability of 10 CFR 72.48 to 
general license users, as well as a June 3, 1994, memorandum regarding 
this meeting which stated that ``the license can make its own 
interpretation of the regulations;'' and a letter, dated June 2, 1994, 
from Entergy to the NRC which stated that Entergy has directed SNC to 
fabricate all fourteen planned casks with the increased length and that 
Entergy plans to continue to conduct evaluations in accordance with 10 
CFR 72.48.
    The Petition has been referred to the Office of Nuclear Material 
Safety and Safeguards pursuant to 10 CFR 2.206. As provided by Section 
2.206, appropriate action will be taken with regard to the specific 
issues raised by the Petition in a reasonable time.
    A copy of the Petition is available for inspection at the 
Commission's Public Document Room at 2120 L Street, NW., Washington, DC 
20555.

    Dated at Rockville, Mayland, this 16th day of August 1994.

    For the Nuclear Regulatory Commission.
Robert M. Bernero,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 94-20756 Filed 8-23-94; 8:45 am]
BILLING CODE 7590-01-M