ML023510553
| ML023510553 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 01/16/2003 |
| From: | Lyons J NRC/NRR/NRLPO |
| To: | Simard R Nuclear Energy Institute |
| Jenkins R, NRR/NRLPO 415-2985 | |
| References | |
| Download: ML023510553 (6) | |
Text
January 16, 2003 Mr. Ronald L. Simard Nuclear Energy Institute (NEI) 1776 I Street, NW, Suite 400 Washington, DC 20006-3708
SUBJECT:
RESOLUTION OF ESP TOPIC 15 (ESP-15), APPROPRIATE LEVEL OF DETAIL FOR SITE REDRESS PLANS
Dear Mr. Simard:
The purpose of this letter is to confirm our understanding and expectations regarding the appropriate level of detail for site redress plans that may be included in an early site permit (ESP) application. This topic, which was identified in ESP-15 on the list of Nuclear Energy Institute (NEI) generic ESP issues, was discussed during a public meeting on September 25, 2002 (Meeting Summary - ADAMS Accession No. ML022900341). Subsequently, NEI documented its position on this topic in a letter dated November 26, 2002. We confirm the understanding and expectations cited in your letter as noted below.
- 1. An ESP application may contain a plan for redress of the site if the applicant wishes to be able to perform the activities at the site allowed by Title 10 of the Code of Federal Regulations (10 CFR) Section 50.10(e)(1). Under an ESP that includes approval of such a redress plan, the activities allowed by 10 CFR 50.10(e)(1) may be conducted in accordance with the ESP, and separate authorization required by 10 CFR 50.10(e)(1) would not be required. The plan must demonstrate that there is reasonable assurance that redress carried out under the plan will achieve an environmentally stable and aesthetically acceptable site suitable for whatever non-nuclear use may conform with local zoning laws.
In addition, in the Statements of Consideration supporting the 10 CFR Part 52 rulemaking, the Commission stated that [c]ontaining a redress plan, the permit itself will constitute assurance that, if site preparation activities are carried out but the site never used for a nuclear power plant, the site will not be left in an unacceptable position. Therefore, the staff has assurance that the approved redress plan would be implemented, if necessary.
- 2. As identified in the Statements of Consideration supporting the 10 CFR Part 52 rulemaking (54 FR 15372, April 18, 1989), the Commission modeled the site redress requirements of 10 CFR Part 52 on the Site Redress Plan dated March 5, 1984, for the Clinch River Breeder Reactor Plant. The NRC staff also identified the following guidance in the Environmental Standard Review Plan, NUREG-1555, Sections 4.1.1 and 4.1.2:
It has been staff practice to follow the site redress procedures and practices used in the withdrawal applications for CP extension and for OLs submitted by Consumers Power Co. to NRC for its Midland Plant, Units 1 and 2 (Atomic Safety and Licensing Board 1986). These procedures included (1) preparation of and compliance with a site stabilization plan by the applicant, (2) an inspection and evaluation report
R. Simard prepared by NRC after the applicants completion of site stabilization activities, and (3) preparation of an environmental assessment by NRC based on the inspection report.
The following additional guidance is provided in the Environmental Standard Review Plan, NUREG-1555, Section 4.1.2:
[I]n the case of a[n] ... early site permit,... a description of proposed restoration and management actions within the corridors and offsite areas should be addressed in the redress plan. Some examples are recontouring or grading, permanent landscaping, revegetation of disturbed areas, and establishment of recreational areas (from the ER and on request from the applicant).
- 3. The NRC staff is not currently developing any additional guidance, review standards or acceptance criteria related to site redress plans.
- 4. The available guidance describes an acceptable level of information to support the review of redress plans submitted by the applicant. Additional actions may be necessary to satisfy the requirements of Federal (other than the NRC), State, and local agencies that are not within the purview of the NRC.
Please contact Ronaldo Jenkins, the ESP Senior Project Manager at 301-415-2985 if you have any questions on this matter.
Sincerely,
/RA M. Gamberoni for:/
James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689 cc: See next page
R. Simard prepared by NRC after the applicants completion of site stabilization activities, and (3) preparation of an environmental assessment by NRC based on the inspection report.
The following additional guidance is provided in the Environmental Standard Review Plan, NUREG-1555, Section 4.1.2:
[I]n the case of a[n] ... early site permit,... a description of proposed restoration and management actions within the corridors and offsite areas should be addressed in the redress plan. Some examples are recontouring or grading, permanent landscaping, revegetation of disturbed areas, and establishment of recreational areas (from the ER and on request from the applicant).
- 3. The NRC staff is not currently developing any additional guidance, review standards or acceptance criteria related to site redress plans.
- 4. The available guidance describes an acceptable level of information to support the review of redress plans submitted by the applicant. Additional actions may be necessary to satisfy the requirements of Federal (other than the NRC), State, and local agencies that are not within the purview of the NRC.
Please contact Ronaldo Jenkins, the ESP Senior Project Manager at 301-415-2985 if you have any questions on this matter.
Sincerely,
/RA M. Gamberoni for:/
James E. Lyons, Director New Reactor Licensing Project Office Office of Nuclear Reactor Regulation Project No. 689 cc: See next page Distribution:
Hard Copy NRLPO Rdg. RJenkins MGamberoni JLyons E-mail PUBLIC ACRS/ACNW RidsNrrOD (SCollins) NRLPO Group RidsNrrAdpt (BSheron) RidsOgcRp RidsNrrAdip (RBorchardt)
Accession #ML023510553 OFC PM: NRLPO SC: RLEP* DD:NRLPO* OGC* D:NRLPO NAME RJenkins JTappert MGamberoni-JMS1 for: RWeisman JLyons-M. Gamberoni for:
DATE 1/16/02 12/20/02 12/20/02 12/31/02 1/16/02 OFFICIAL RECORD COPY
ESP-Generic Mr. Eddie Grant Exelon Generation cc: 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. David Lochbaum Union of Concerned Scientists Mr. James F. Mallay, Director 1707 H Street, NW Regulatory Affairs Suite 600 FRAMATOME, ANP Washington, DC 20006-3919 3315 Old Forest Road Lynchburg, VA 24501 Mr. Paul Gunter Director of the Reactor Watchdog Project Mr. Ernie H. Kennedy Nuclear Information & Resource Service Vice President New Plants 1424 16th Street, NW, Suite 404 Nuclear Plant Projects Washington, DC 20036 Westinghouse Electric Company 2000 Day Hill Road Mr. Ron Simard Windsor, CT 06095-0500 Nuclear Energy Institute Suite 400 Dr. Regis A. Matzie 1776 I Street, NW Senior Vice President and Washington, DC 20006-3708 Chief Technology Officer Westinghouse Electric Company Mr. Russell Bell 2000 Day Hill Road Nuclear Energy Institute Windsor, CT 06095-0500 Suite 400 1776 I Street, NW Mr. Gary Wright, Manager Washington, DC 20006-3708 Office of Nuclear Facility Safety Illinois Department of Nuclear Safety Mr. Thomas P. Miller 1035 Outer Park Drive U.S. Department of Energy Springfield, IL 62704 Headquarters - Germantown 19901 Germantown Road Mr. Vince Langman Germantown, MD 20874-1290 Licensing Manager Atomic Energy of Canada Limited Mr. James Riccio 2251 Speakman Drive Greenpeace Mississauga, Ontario 702 H Street, NW, Suite 300 Canada L5K 1B2 Washington, DC 20001 Mr. David Ritter Rod Krich Research Associate on Nuclear Energy Vice President, Licensing Projects Public Citizens Critical Mass Energy Exelon Nuclear and Environmental Program 4300 Winfield Road 215 Pennsylvania Avenue, SE Warrenville, IL 60555 Washington, DC 20003 Patricia Campbell Mr. Tom Clements Winston & Strawn 6703 Guide Avenue 1400 L Street, NW Takoma Park, MD 20912 Washington, DC 20005
Mr. Edwin Lyman Dr. Glenn R. George Nuclear Control Institute PA Consulting Group 1000 Connecticut Avenue, NW 130 Potter Street Suite 410 Haddonfield, NJ 08033 Washington, DC 20036 Arthur R. Woods Mr. Jack W. Roe Enercon Services, Inc.
SCIENTECH, INC. 500 TownPark Lane 910 Clopper Road Kennesaw, GA 30144 Gaithersburg, MD 20878 Dr. Gail H. Marcus U.S. Department of Energy Room 5A-143 1000 Independence Ave., SW Washington, DC 20585 Ms. Marilyn Kray Vice President, Special Projects Exelon Generation 200 Exelon Way, KSA3-E Kennett Square, PA 19348 Mr. Joseph D. Hegner Lead Engineer - Licensing Dominion Generation Early Site Permitting Project 5000 Dominion Boulevard Glen Allen, VA 23060 Mr. George Alan Zinke Project Manager Nuclear Business Development Entergy Nuclear M-ECH-683 1340 Echelon Parkway Jackson, MS 39213 Mr. Charles Brinkman Westinghouse Electric Co.
Washington Operations 12300 Twinbrook Pkwy., Suite 330 Rockville, MD 20852 Mr. Ralph Beedle Senior Vice President and Chief Nuclear Officer Nuclear Energy Institute Suite 400 1776 I Street, NW Washington, DC 20006-3708