ML023260228

Yankee Nuclear Power Station - Reply to Response to Order for Interim Safeguards & Security Compensatory Measures

ML023260228
Person / Time
Site:	Yankee Rowe
Issue date:	11/22/2002
From:	Camper L NRC/NMSS/DWM
To:	Kay J Yankee Atomic Electric Co
References
-RFPFR, TAC MB5347
Download: ML023260228 (5)

Text

Mr. James A. Kay November 22, 2002 Manager of Regulatory Affairs Yankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367

SUBJECT:

YANKEE NUCLEAR POWER STATION - REPLY TO RESPONSE TO ORDER FOR INTERIM SAFEGUARDS AND SECURITY COMPENSATORY MEASURES (TAC NO. MB5347)

Dear Mr. Kay:

On May 23, 2002, the U.S. Nuclear Regulatory Commission (NRC) issued an Order modifying the possession only license for the Yankee Nuclear Power Station to require compliance with the specified interim safeguards and security compensatory measures. The interim compensatory measures (ICMs) were listed in Attachment 2 to the Order. When issuing the Order, the Commission recognized that you have voluntarily and responsibly implemented additional security measures following the events of September 11, 2001, but in light of the continuing generalized high-level threat environment, the Commission concluded that the security measures should be embodied in an Order consistent with the established regulatory framework.

The Order required responses and actions within specified time frames.Section III.A of the Order required licensees to immediately start implementation of the requirements listed in to the Order and to complete implementation no later than November 22, 2002.

Section III.B of the Order required licensees to notify the Commission: (1) if they are unable to comply with the requirements described in Attachment 2, (2) if compliance with any of the requirements is unnecessary in their specific circumstances, or (3) if implementation of any of the requirements would cause the licensee to be in violation of the provisions of any Commission regulation or the facility license.Section III.C.1 of the Order required licensees to submit to the Commission, within 20 days of the date of the Order, a schedule for achieving compliance with each requirement described in Attachment 2 to the Order.Section IV of the Order noted that in accordance with 10 C.F.R. § 2.202, the licensee must submit an answer to the Order and may request a hearing on the Order within 20 days of the date of the Order and, where good cause is shown, consideration would be given to extend the time to request a hearing.

In a letter dated June 12, 2002, (BYR 2002-034) and supplemented on August 8, 2002, (BYR 2002-039) , you submitted a response to the Order for the Yankee Nuclear Power Station. You also requested an extension of time in which to request a hearing. Your response stated that you had either implemented the measures identified in the interim compensatory measures or had scheduled such that all measures will be fully implemented by November 22, 2002, as required by the Order. The NRC staff has reviewed your response and finds that you have satisfied the 20-day reporting requirements of the Order. Based on our determination that your Mr. James A. Kay responses are satisfactory, no extension of time to request a hearing is necessary.

The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact John B. Hickman at (301) 415-7000 if you have any other questions on these issues.

Sincerely,

/RA/ C. Craig for Larry Camper, Chief Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards Docket Nos.50-029 cc: See next page

Mr. James A. Kay responses are satisfactory, no extension of time to request a hearing is necessary.

The NRC will determine the effectiveness of your implementation of the ICMs through on-site inspections. I would like to remind you that, pursuant to Section III.C.2 of the Order, you are to report to the Commission when you have achieved full compliance with the requirements described in Attachment 2 to the Order.

Please contact John B. Hickman at (301) 415-7000 if you have any other questions on these issues.

Sincerely,

/RA/ C. Craig for Larry Camper, Chief Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards Docket Nos.50-029 cc: See next page DISTRIBUTION:

PUBLIC DCB R/F WReamer JHickman WHuffman VDricks, OPA JShea, OEDO GTracy, NSIR VOrdaz, NSIR RidsSecyMail RidsOgcMailCenter RidsAcrsAcnwMailCenter RidsRgn1Mail (RBellamy)

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML023260228.wpd Accession No. ML NMSS Template - 010

• See Previous Concurrence **See memo concurrence OFFICE DCB NSIR DCB OGC(NLO) DCB NAME JHickman GTracy** SMoore* JGoldberg* LCamper DATE 11 /22 /2002 11/7/2002 11/20/2002 11/21/2002 11/22 /2002 OFFICIAL RECORD COPY

Yankee-Rowe cc:

Mr. Russell A. Mellor, President & CEO Commonwealth of Massachusetts Yankee Atomic Electric Company 200 Portland Street Midstate Office Park Suite 200/210 Boston, MA 02114 Auburn, MA 01501 Ms. Christine Salambier, Commissioner Mr. Kenneth J. Heider, Vice President Vermont Department of Public Service Operations and Decommissioning 120 State Street, 3rd Floor Yankee Atomic Electric Company Montpelier, VT 05602 Midstate Office Park Suite 200/210 Auburn, MA 01501 Robert M. Hallisey, Director Radiation Control Program Mr. Robert Capstick, Director of Government Massachusetts Department of Public and Regulatory Affairs Health Yankee Atomic Electric Company 305 South Street Midstate Office Park Suite 200/210 Boston, MA 02130 Auburn, MA 01501 Mr. James B. Muckerheide Mr. Brian C. Wood, Site Manager Massachusetts Emergency Management Yankee Atomic Electric Company Agency 49 Yankee Road 400 Worcester Road Rowe, MA 01367 Framingham, MA 01702-5399 Mr. Fredrick Williams, Plant Superintendent Regional Administrator, Region I Yankee Atomic Electric Company U.S. Nuclear Regulatory Commission 49 Yankee Road 475 Allendale Road Rowe, MA 01367 King of Prussia, PA 19406 Mr. Greg Babineau, Safety Oversight Diane Screnci, Region I Manager U.S. Nuclear Regulatory Commission Yankee Atomic Electric Company 475 Allendale Road 49 Yankee Road King of Prussia, PA 19406 Rowe, MA 01367 Mr. Marv Rosenstein Mr. Bruce Holmgren, Fuel Storage Chief, Chemicals Management Branch Oversight Manager Office of Ecosystem Protection Yankee Atomic Electric Company U.S. Environmental Protection Agency Midstate Office Park Suite 200/210 One Congress Street, Suite 1100, Auburn, MA 01501 Mail Code CPT Boston, MA 02114 Robert K. Gad, III, Esq.

Ropes and Gray One International Place Boston, MA 02110-2624 Ms. Leslie Greer Assistant Attorney General

Yankee-Rowe cc:

Mr. James Cherniack Office of Ecosystem Protection U.S. Environmental Protection Agency One Congress Street, Suite 1100, Mail Code CPT Boston, MA 02114 Ms. Elizabeth F. Mason Office of Regional Counsel U.S. Environmental Protection Agency One Congress Street, Suite 1100, Mail Code RAA Boston, MA 02114 Ms. Bonnie Gitlin Radiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Building, Mail Code 66081 1200 Pennsylvania Avenue, NW Washington, DC 20460 Mr. Brian Littleton Radiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Building, Mail Code 66081 1200 Pennsylvania Avenue, NW Washington, DC 20460