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Lacrosse Boiling Water Reactor - Request for Exemptions from: I) Record Keeping Requirements of 10 CFR 50 Appendix a Criterion 1, 10 CFR 50 Appendix B Criterion Xvii and 10 CFR 50.59(d)(3); and Ii) Record Keeping Requirements of 10 CFR 72.7
	ML15314A068
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	10/13/2015
From:	Olson C L; Dairyland Power Cooperative
To:	; Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
	LAC-14357
	Download: ML15314A068 (10)
	v • d • e

LA CROSSE BOILING WATER REACTOR(LACBWR)INDEPENDENT SPENT FUEL STORAGE INSTAL(ISFSI)October 13, 2015DAIRYIAND POWERCOOPERATIVE 10 CFR 50.1210 CFR 72.7In reply, please refer to LAC- 14357DOCKET NO. 50-409Document Control DeskU. S. Nuclear Regulatory Commission Washington, DC 20555

Dear Sir or Madam:

SUBJECT:

Dairyland Power Cooperative (DPC)La Crosse Boiling Water Reactor (LACBWR)License No. DPR-45Request for Exemptions from: i) Record Keeping Requirements of 10 CFR 50Appendix A Criterion

1. 10 CFR 50 Appendix B Criterion XVII and 10 CFR50.59(d)(3');

and ii) Record Keeping Requirements of 10 CFR 72.72(d).

In accordance with 10 CFR 50.12, Specific Exemptions, Dairyland Power Cooperative (DPC) ishereby requesting the following exemption from the record retention requirements of:1. 10 CFR 50 Appendix A Criterion 1 which requires certain records be retained"throughout the life of the unit";2. 10 CFR 50 Appendix B Criterion XVII which requires certain records be retainedconsistent with regulatory requirements for a duration established by the licensee; and3. 10 CER 50.59(d)(3) which requires certain records be maintained until "termination of alicense issued pursuant to" Part 50.Attachment 1 to this letter provides the exemption request.Additionally, in accordance with 10 CFR 72.7, Specific Exemptions, DPC is hereby requesting apermanent exemption from the portion of 10 CFR 72.72(d) that requires records of spent fuel instorage be kept in duplicate.

Attachment 2 to this letter provides the exemption request.If you, or members of your staff, have questions requiring additional information or clarification, please contact Cheryl Olson at (608) 689-4207.

A Touchstone Energy Cooperative

___La Crosse Boiling Water Reactor (L.ACBWR)

S 4601 State Highway 35.* Genoa, WI 54632-8846 608-689-2331

608-689-4200 fax NRC Document Control DeskLAC-14357 Page 2October 13, 2015Sincerely, DAIRY POE COOPERATIVE Cheryl L. Olson, LACBWR PlantIISFSI ManagerCLO :tcoAttachments Page 2 of 5 NRC Document Control DeskLAC-14357 Attachment 1October 13, 2015Attachment 1Request for Exemption from 10 CFR 50, Appendix A Criterion 1, 10 CFR 50Appendix B Criterion XVII, and 10 CFR 50.59(d)(3)

Record Keeping Requirements Exemption RequestIn accordance with the provisions of 10 CFR 50.12, "Specific Exemptions",

theDairyland Power Cooperative (DPC) requests an exemption from certain requirements in 10 CFR 50 Appendix A Criterion 1, 10 CFR 50 Appendix B Criterion XVII, and 10 CFR50.59. Specifically, we request the following exemption from the record retention requirements of:1. 10 CER 50 Appendix A Criterion 1 which requires certain records be retained"throughout the life of the unit";2. 10 CER 50 Appendix B Criterion XVII which requires certain records be retainedconsistent with regulatory requirements for a duration established by the licensee; and3. 10 CFR 50.59(d)(3) which requires certain records be maintained until "termination of alicense issued pursuant to" Part 50.Granting this exemption will allow DPC to eliminate these records when the licensing basis requirements previously applicable to the nuclear power unit and associated

systems, structures, and components (SSC) are no longer effective such that the SSCsare noted as removed in the Decommissioning Plan and Post-Shutdown Decommissioning Activities Report and/or Technical Specifications.

LACBWR Is not requesting an exemption associated with any record keepingrequirements for storage of spent fuel at its Independent Spent Fuel Storage Installation (ISESI) under 10 CFR 50 or the General License requirements of 10 CFR 72 nor for theother requirements of 10 CFR 50 or Facility Operating License No. DPR-45 applicable to decommissioning and dismantlement.

The NRC has granted this same exemption to Rancho Seco, Haddam Neck, MaineYankee, and Zion which are other nuclear power plants that have undergone decommissioning.

Basis for the Exemption An exemption may be granted from the requirements of I 0 CFR Part 50, Appendices Aand Band 10 CFR 50.59(d)(3),

if the licensee can show that the requirements of 10 CFR50.12(a)(I) are met and that special circumstances, as specified in 10 CFR 50.12(a)(2),

exist. As discussed below, this DPC request satisfies the above standards for theregulatory exemption.

Page 1 of 5 NRC Document Control DeskLAC-14357 Attachment 1October 13, 2015Attachment 1Request for Exemption from 10 CFR 50, Appendix A Criterion 1, 10 CFR 50Appendix B Criterion XVII, and 10 CFR 50.59(d)(3)

Record Keeping Requirements I. General Justification for Granting the Exemption Requesta. Nuclear Power Generation SSCsThe LACBWR nuclear steam supply system and balance of plant SSCs havebeen entirely retired in place with many removed and the remainder pendingdismantlement.

The SSCs are no longer operable or maintained except for theliquid waste discharge system. The plant is considered to be in a "dark and cold"condition awaiting final dismantlement.

The general justification for eliminating records associated with that portion of the plant "footprint" is simple andstraighiforward in that these SSCs are currently removed or to be removed fromservice under the NRC license, dismantled or demolished, and will not in thefuture serve in any LACBWR function regulated by the NRC.LACBWR recognizes that a very small portion of the SSCs and activity relatedrecords related to the nuclear steam supply system and balance of plant willcontinue to be under NRC regulation primarily due to residual radioactivity.

Theradiological and other necessary quality program controls for the facility and theimplementation of controls for decommissioning activities are and will continue tobe appropriately addressed through the license and current plant documents such as the Decommissioning Plan and Post-Shutdown Decommissioning Activities Report and/or Technical Specifications.

Except for future changesmade through the operative change controls, these programmatic elements andtheir associated records are unaffected by the exemption request.b. ISFSI and Spent Nuclear FuelLACBWR is not requesting any exemption associated with retention of theserecords.I. Specific Justification for Exemptions and Special Circumstances

a. Specific Exemption is Authorized by LawThe DPC exemption request to reduce retention durations is authorized by lawand within the Commission's authority.

The request does not result in a violation of the Atomic Energy Act of 1954, as amended, or the Commission's regulations.

In fact, based on similar action for other decommissioning nuclear power plants,it appears reasonable that the Commission would have previously made thesePage 2 of 5 NRC Document Control DeskLAC-14357 Attachment 1October 13, 2015clarifying changes to the requirements had there been sufficient industryexperience in performing decommissioning and license termination at Part 50facilities when the record retention rules were originally promulgated.

b. Specific Exemption Will Not Present an Undue Risk to the Public Health and SafetyThe public health and safety are unaffected by the proposed exemption.

Removal of the underlying SSCs associated with the records has been or will bedetermined by DPC, in accordance with 10 CFR 50.59 or NRC-approved licenseamendment, to have no adverse public health and safety impact prior toelimination of any records.

Elimination of associated records for these SSCs canhave no additional impact.c. Specific Exemption Consistent with the Common Defense and SecurityThe elimination of these records is administrative in nature and does not involveinformation or activities that could potentially impact the common defense andsecurity of the United States. Upon dismantlement of the affected SSCs, therecords have no functional purpose relative to maintaining the safe operation neither of the SSCs nor to maintaining conditions that would affect the ongoinghealth and safety of workers or the public.Authority to Grant the Exemption Request10 CFR 50.1 2(a)(2)(ii) states: "Application of the Regulation in the Particular Circumstances would not serve the underlying purpose of the Rule".The common and underlying purpose for the records related regulation cited above is toensure that the licensing and design basis of the facility is understood, documented, preserved and retrievable relative to establishing and maintaining the SSCs' safetyfunctions.

The current licensing basis defines those elements of SSCs and associated activities that have been found by the NRC to provide reasonable assurance of safefacility operation.

The licensing basis is maintained current by evaluating changesagainst up-to-date information.

The terms such as "safety functions",

and "safeoperation" become non-applicable as a facility is dismantled and disposed of. In thiscase, which represents the LACBWR situation, retention of records associated withSSCs that are no longer in the licensing bases serves no safety or regulatory purpose.Therefore, application of these record requirements in LACBWR's circumstances doesnot serve the underlying purpose of the regulations.

Additionally, 10 CFR 50.12(a)(2)(iii) states: "Compliance would result in undue hardshipor other costs that are significantly in excess of those contemplated when the regulation was adopted".

Page 3 of 5 4 :4NRC Document Control DeskLAC-14357 Attachment 1October 13, 2015The records retention requirements applied by the NRC to the construction andoperation of nuclear power plants are intended to demonstrate, on a broad basis, thatSSC and activities are supportive of the safety analysis and the requirements of theNRC license for an operating reactor and operability of its safety functions.

The recordsprogram requirements provide assurance that records will be captured,

indexed, storedin environmentally suitable and retrievable condition resulting in a significant volume ofrecords of many forms and a significant associated cost. The burden associated withthe operations phase records requirements was understood and considered appropriate by the NRC and their reactor licensees.

However, the effect of the operations phaserecord retention requirements that survived the life of a facility and no longer served anunderlying safety purpose, due to the facility being permanently shut down anddecommissioning, were not fully understood or considered.

This is the current situation at decommissioning facilities.

The operating reactor records retention requirements towhich LACBWR is currently regulated are no longer necessary nor appropriate in thatthe SSCs and activities to which many of the records apply are no longer important tothe public or worker health and safety.Existing LACBWR records storage facilities will be eliminated as decommissioning progresses.

Retaining records associated with SSCs and activities that no longer serve a safety orregulatory purpose will be an undue hardship as continued retention of the records willnecessitate creation of new facilities and retention of otherwise un-needed administrative support personnel.

It will become more of a hardship and cost increaseas we must make provisions for alternate storage well in advance of building demolition.

Also, 10 CER 50.1 2(a)(2)(vi) states: "There is present any other material circumstances not considered when the regulation was adopted for which it would be in the publicinterest to grant an exemption".

Firstly, the cost associated with maintaining records that serve no safety or regulatory purpose can be significant, particularly for a decommissioning facility that will no longerexist within a few years. Decommissioning costs, including record maintenance, arepaid by the ratepayers that benefited from the power produced by LACBWR when itwas operating.

The ratepayers deserve a cost-efficient decommissioning unencumbered by unnecessary regulatory restraints.

Secondly, elimination of these records ensures their future unavailability to individuals and groups interested in adversely affecting the security of commercial nuclear facilities.

Conclusion In accordance with the provisions of 10 CFR 50.12, "Specific Exemptions",

theDairyland Power Cooperative requests an exemption from certain requirements fromthe record retention requirements of:Page 4 of 5 4- '~NRC Document Control DeskLAC-14357 Attachment 1October 13, 20151. 10 CFR 50 Appendix A Criterion 1 which requires certain records be retained "throughout the life of the unit";2. 10 CER 50 Appendix B Criterion XVII which requires certain records be retained consistent with regulatory requirements for a duration established by the licensee; and3. 10 CFR 50.59(d)(3) which requires certain records be maintained until "termination of alicense issued pursuant to" Part 50.The information provided above gives the NRC sufficient basis for granting anexemption from the recordkeeping requirements of 10 CFR 50 Appendix A Criterion 1,10 CFR 50 Appendix B Criterion XVII, and I 0 CFR 50.59(d)(3) for records pertaining toSSCs or activities associated with the nuclear power unit and associated supportsystems that are no longer required to support licensed operations at the LACBWR site.This exemption does not apply to any record keeping requirements for storage of thespent fuel at the LACBWR ISFSI under 10 CFR 50 or the general requirements of 10CFR 72.Page 5 of 5 NRC Document Control DeskLAC-14357 Attachment 2October 13, 2015Attachment 2Request for Exemption from 10 CFR 72.72(d)Records Storage Requirements Exemption RequestIn accordance with the provisions of 10 CFR 72.7 "Specific Exemptions" the Dairyland Power Cooperative (DPC) requests an exemption from certain requirements in 10 CFR72.72 "Material

Balance, Inventory, and Records Requirements for Stored Material."

Specifically, we request a permanent exemption from the following requirement in 10CFR 72.72(d):

"Records of spent fuel and high-level radioactive waste in storage must be kept induplicate.

The duplicate set of records must be kept at a separate location sufficiently remote from the original records that a single event would not destroy both sets ofrecords."

Granting this exemption will allow DPC to store La Crosse Boiling Water Reactor(LACBWR)

ISFSI spent fuel records using the same procedures and processes used forstoring the LACBWR spent fuel records.

DPC stores the LACBWR Nuclear Generating Station spent fuel records in a single storage facility in accordance with therequirements in the LACBWR Quality Assurance Program Description (QAPD) Manual.The NRC has approved the LACBWR QAPD Manual as satisfying the requirements in10 CFR 50, Appendix B and 10 CPR 72, Subpart G.The NRC has granted this same exemption to Virginia Power for their Surry and NorthAnna power stations and to the Sacramento Municipal Utility District for its RanchoSeco Nuclear Generating Station.Basis for the Exemption NRC regulation 10 CFR 72.140 provides the quality assurance requirements for anIndependent Spent Fuel Storage Installation (ISFSI).

As discussed in 10 CFR72.140(d),

a quality assurance program that is approved by the NRC as meeting theapplicable requirements of 10 CFR 50, Appendix B and that is established, maintained, and executed with regards to an ISFSI will be accepted as satisfying the requirements of 10 CFR 72.140(b).

The NRC-approved LACBWR QAPD Section XVII, Quality Assurance

Records, statesthat LACBWR has established measures for maintaining ISESI records which cover alldocuments and records associated with the operation, maintenance, installation, repair,and modification of SSCs covered by the QAPD. Also included are historical recordsgathered and collected during plant and ISESI operations which are either required tosupport the dry cask storage systems stored at the ISFSI or ultimate shipment to afederal repository.

Page 1 of 3 NRC Document Control DeskLAC- 143 57Attachment 2October 13, 2015QAPD,Section XVII requires that Quality Assurance records be stored in a facility thatmeets the requirements of ANSI N45.2.9, Requirements for Collection,

Storage, andMaintenance of Quality Assurance Records" which allows for the storage of QA recordsin dual storage facilities sufficiently remote from each other or in a single storage facilitydesigned and maintained to minimize the risk of damage from adverse conditions including natural disasters, fires, temperature,

humidity, and infestation.

The recordstorage vault used at LACBWR was constructed and is maintained to meet therequirements of ANSI N45.2.9-74.

As discussed in Regulatory Guide 1.28, the NRC has endorsed ANSI/ASME, NQA-1-1983, Supplement 17S-1, as adequate to satisfy the record keeping requirements in 10CFR 50, Appendix B. Similarly, ANSI/ASME, NQA-1 -1 983, Supplement 17S-I satisfies the requirements of 10 CFR 72.72 since it provides for adequate maintenance of thesame type of QA records, including the identity and history of spent fuel stored at anISESI. A comparison of the record keeping requirements in NQA-1 -1 983, Supplement 17S-1 to the requirements of ANSI N.25.2.9-74 confirmed that the requirements areequivalent.

By approving the QAPD, the NRC has accepted the single facility used for the storageand maintenance of quality assurance records at LACBWR. Accordingly, the NRCshould accept DPC's requested exemption from 10 CFR 72.72(d) and allow ISFSI spentfuel records to be stored in the same manner as spent fuel records for the LACBWRNuclear Generating Station (i.e., in accordance with the requirements in the QAPD.Authority to Grant the Exemption RequestUnder 10 CFR 72.7, "Specific Exemptions",

the NRC may grant exemptions from therequirements in 10 CFR 72 if it determines that the exemption is authorized by law; willnot endanger life, property, or the common defense; and is otherwise in the publicinterest.

In accordance with the provisions in 10 CFR 72.7, the NRC has granted this sameexemption to Virginia Power for their Surry and North Anna power stations and to theSacramento Municipal Utility District for its Rancho Seco Nuclear Generating Station.Therefore, the NRC has already determined that they are authorized by law to grant thisexemption.

By approving the QAPD as satisfying the requirements in 10 CFR 50, Appendix B and10 CFR 72, Subpart G, the NRC has endorsed ANSI/ASME, NQA-1 -1 983, Supplement 17S-1 (and ANSI N.45.2.9-74) as adequate to satisfy the record keeping requirements in 10 CFR 50, Appendix B and 10 CFR 72.72. Granting this exemption will allow ISESIspent fuel records to be stored in the same manner as spent fuel records for theLACBWR, which is in accordance with the requirements in the QAPD. Therefore, thisPage 2 of 3 E ~NRC Document Control DeskLAC-14357 Attachment 2October 13, 2015exemption from the requirements from 10 CFR 72.72(d),

regarding the need forduplicate storage will not endanger life, property, or the common defense.

AllowingISFSI spent fuel records to be stored in the same manner as spent fuel records for theLACBWR, provides for uniformity and consistency in the storage of QA records.Requiring a special method for the storage of certain ISFSI QA records provides noadded benefit and will divert resources unnecessarily.

Consequently, the exemption isin the public interest.

Conclusion In accordance with the provisions of 10 CFR 72.7 "Specific Exemptions" the Dairyland Power Cooperative requests an exemption from certain requirements in 10 CFR 72.72,"Material

Balance, Inventory, and Records Requirements for Stored Material."

Specifically, we request a permanent exemption from the following requirement in 10CFR 72.72(d):

"Records of spent fuel and high-level radioactive waste in storage must be kept induplicate.

The duplicate set of records must be kept at a separate location sufficiently remote from the original records that a single event would not destroy both sets ofrecords."

Granting this exemption will allow DPC to store ISFSI spent fuel records in the samemanner as spent fuel records for LACBWR, which is in accordance with therequirements in the QAPD. Therefore, this exemption from the requirements from 10CPR 72.72(d),

regarding the need for duplicate

storage, is authorized by law; will notendanger life, property, or the common defense; and is otherwise in the public interest.

Page 3 of 3 LA CROSSE BOILING WATER REACTOR(LACBWR)INDEPENDENT SPENT FUEL STORAGE INSTAL(ISFSI)October 13, 2015DAIRYIAND POWERCOOPERATIVE 10 CFR 50.1210 CFR 72.7In reply, please refer to LAC- 14357DOCKET NO. 50-409Document Control DeskU. S. Nuclear Regulatory Commission Washington, DC 20555

Dear Sir or Madam:

SUBJECT:

Dairyland Power Cooperative (DPC)La Crosse Boiling Water Reactor (LACBWR)License No. DPR-45Request for Exemptions from: i) Record Keeping Requirements of 10 CFR 50Appendix A Criterion

1. 10 CFR 50 Appendix B Criterion XVII and 10 CFR50.59(d)(3');

and ii) Record Keeping Requirements of 10 CFR 72.72(d).

In accordance with 10 CFR 50.12, Specific Exemptions, Dairyland Power Cooperative (DPC) ishereby requesting the following exemption from the record retention requirements of:1. 10 CFR 50 Appendix A Criterion 1 which requires certain records be retained"throughout the life of the unit";2. 10 CFR 50 Appendix B Criterion XVII which requires certain records be retainedconsistent with regulatory requirements for a duration established by the licensee; and3. 10 CER 50.59(d)(3) which requires certain records be maintained until "termination of alicense issued pursuant to" Part 50.Attachment 1 to this letter provides the exemption request.Additionally, in accordance with 10 CFR 72.7, Specific Exemptions, DPC is hereby requesting apermanent exemption from the portion of 10 CFR 72.72(d) that requires records of spent fuel instorage be kept in duplicate.

Attachment 2 to this letter provides the exemption request.If you, or members of your staff, have questions requiring additional information or clarification, please contact Cheryl Olson at (608) 689-4207.

A Touchstone Energy Cooperative

___La Crosse Boiling Water Reactor (L.ACBWR)

S 4601 State Highway 35.* Genoa, WI 54632-8846 608-689-2331

608-689-4200 fax NRC Document Control DeskLAC-14357 Page 2October 13, 2015Sincerely, DAIRY POE COOPERATIVE Cheryl L. Olson, LACBWR PlantIISFSI ManagerCLO :tcoAttachments Page 2 of 5 NRC Document Control DeskLAC-14357 Attachment 1October 13, 2015Attachment 1Request for Exemption from 10 CFR 50, Appendix A Criterion 1, 10 CFR 50Appendix B Criterion XVII, and 10 CFR 50.59(d)(3)