[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Notices]
[Pages 15943-15944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7572]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-312]


Sacramento Municipal Utility District, (Rancho Seco Nuclear 
Generating Station); Order Approving the Decommissioning Plan and 
Authorizing Decommissioning of Facility

I

    Sacramento Municipal Utility District (SMUD, the licensee) is the 
holder of Facility Operating License No. DPR-54 issued by the U.S. 
Nuclear Regulatory Commission (NRC, the Commission) pursuant to 10 CFR 
part 50 on August 16, 1974. The license was amended on March 17, 1992, 
to remove the authority of the licensee to operate the Rancho Seco 
Nuclear Generating Station (Rancho Seco). The facility is located on 
the licensee site in Sacramento County, California.

II

    On June 6, 1989, the voters of Sacramento approved a referendum 
indicating their desire that the licensee not operate Rancho Seco. On 
June 7, 1989, the licensee shut down Rancho Seco after approximately 15 
years of operation. The licensee defueled the reactor and reduced its 
staff. In a letter of May 20, 1991, the licensee requested approval of 
the proposed decommissioning plan for Rancho Seco. The Decommissioning 
Plan was supplemented on April 15, August 6, and August 31, 1992; 
January 7, April 7, and April 19, 1993; and March 23, April 28, July 
26, and October 26, 1994.
    A Notice of Consideration of Issuance of an Order Authorizing 
Decommissioning a Facility and Opportunity for Hearing related to the 
requested action was published in the Federal Register on March 19, 
1992 (57 FR 9577). The Environmental and Resources Conservation 
Organization (ECO), in its letter of April 20, 1992, provided comments 
on the proposed action and requested a hearing. On May 8, 1992, the 
Secretary of the Commission forwarded the request for hearing to the 
Atomic Safety and Licensing Board (ASLB) for further action. The ASLB 
issued an order which terminated the proceeding by denying standing to 
ECO (LBP-92-23, dated August 20, 1992). On September 8, 1992, ECO 
appealed this ruling to the Commission pursuant to 10 CFR 2.714(a). In 
CLI-93-03, dated March 3, 1993, the Commission remanded certain issues 
raised by ECO to the ASLB for further consideration. On June 16, 1993, 
the staff issued its decommissioning safety evaluation and associated 
environmental assessment. As allowed by CLI-93-03, on July 12, 1993, 
ECO submitted contentions to the ASLB on (1) adequacy of the NRC 
environmental assessment, (2) adequacy of the SMUD analysis of a 
postulated loss of offsite power, (3) adequacy of the funding plan 
proposed by SMUD, and (4) adequacy of the staff safety evaluation. On 
November 30, 1993, the ASLB admitted only the decommissioning funding 
issue for litigation. On December 15, 1993, the licensee petitioned the 
Commission for directed certification of the funding issue. On March 1, 
1994, (in CLI-94-02), the Commission declined to review the ASLB 
determinations on the particular issues. On August 1, 1994, ECO reached 
a settlement with the licensee and filed a notice of withdrawal 
suggesting that the ASLB terminate the proceeding. A termination order 
was issued by the ASLB on August 11, 1994. On September 2, 1994, (in 
CLI-94-14), the Commission concluded that sua sponte review of the 
matter was unwarranted and authorized the staff to issue a 
decommissioning order.

III

    The NRC has reviewed the licensee application with respect to the 
provisions of the Commission rules and regulations and has found that 
decommissioning as stated in the Rancho Seco Decommissioning Plan will 
be consistent with the regulations in 10 CFR Ch. I, and will not be 
inimical to the common defense and security or to the health and safety 
of the public. The bases for these findings are given in the staff 
safety evaluation previously issued on June 16, 1993, and updated by 
the supplemental safety evaluation issued concurrently with this Order.
    The staff concluded that this Order should contain provisions 
which: (1) Specify the method by which changes may be made to the FSAR 
(now referred to as the Defueled Safety Analysis Report or DSAR) and to 
the decommissioning plan; (2) require periodic updating of the FSAR/
DSAR and decommissioning plan; and (3) require the licensee to maintain 
its fire protection program in accordance with this Order. The staff 
has discussed these additional provisions with the licensee and they 
were found to be mutually acceptable.

IV

    Accordingly, pursuant to sections 103, 161b, 161i, and 161o, of the 
Atomic Energy Act of 1954 (as amended), 10 CFR 50.82, and the 
Commission Order [[Page 15944]] (CLI-94-14) of September 2, 1994, the 
Rancho Seco decommissioning plan is approved and decommissioning of the 
Rancho Seco Nuclear Generating Station is authorized subject to the 
following conditions:

    (A) The licensee shall update both the decommissioning plan and 
the final Safety Analysis Report (FSAR), currently entitled 
``Defueled Safety Analysis Report'' or DSAR by the Rancho Seco 
licensee, in accordance with the methodology specified in 10 CFR 
50.71(e), except that the frequency of updates shall be at least 
every 2 years. With respect to changes to the facility or procedures 
described in the updated FSAR/DSAR or changes to the Decommissioning 
Plan, and the conduct of tests and experiments not described in the 
FSAR/DSAR, the provisions of 10 CFR 50.59 shall apply.
    (B) The licensee shall maintain a fire protection program to 
address the potential for fires which could result in a nuclear 
hazard, i.e., cause the release or loss of control of radioactive 
materials. The objectives of the fire protection program are to: (1) 
Reasonably prevent such fires from occurring; (2) rapidly detect, 
control, and extinguish those fires which do occur; and (3) ensure 
that the potential hazard due to fire to the public, environment, 
and plant personnel is small. The fire protection program shall be 
assessed by the licensee on a regular basis and revised as 
appropriate throughout the various stages of facility 
decommissioning. The licensee may make changes to the fire 
protection program without NRC approval if the changes do not reduce 
the effectiveness of fire protection measures needed to prevent a 
nuclear hazard at the Rancho Seco facility, taking into account the 
decommissioning plant conditions and activities.

    Pursuant to 10 CFR 51.21, 51.30, and 51.35, the Commission has 
prepared an Environmental Assessment and Finding of No Significant 
Impact for the proposed action. Based on that assessment, the 
Commission has determined that the proposed action will not result in 
any significant impact on the quality of the human environment and that 
an environmental impact statement needed not be prepared. The Notice of 
Issuance of Environmental Assessment and Finding of No Significant 
Impact was published in the Federal Register on June 23, 1993 (58 FR 
34065). Comments were received from ECO and are addressed in the 
supplemental safety evaluation issued concurrently with this Order.
    For further details with respect to this action, see: (1) The 
application for authorization to decommission the facility, of May 20, 
1991, as supplemented April 15, August 6, August 31, 1992, January 7, 
April 7, April 19, 1993, March 23, April 28, July 26, and October 26, 
1994; (2) the related Commission safety evaluations dated June 16, 1993 
and March 20, 1995; and (3) the Environmental Assessment and Finding of 
No Significant Impact of June 16, 1993. These documents are available 
for public inspection at the Commission Public Document Room, the 
Gelman Building, 2120 L Street NW, Washington, DC 20555, and at the 
Martin Luther King Regional Library, 7340 24th Street Bypass, 
Sacramento, California 95825. Copies of items (2) and (3) may be 
obtained upon request addressed to the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Director, Division of 
Project Support.

    Dated at Rockville, MD, this 20th day of March 1995.

    For the Nuclear Regulatory Commission.
William T. Russell,
Director Office of Nuclear Reactor Regulation.
[FR Doc. 95-7572 Filed 3-27-95; 8:45 am]
BILLING CODE 7590-01-M