ML031830858

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Ltr to K. Mitchell R.E. Ginna Nuclear Power Plant License Renewal Review and National Historic Preservation Act, Section 106 Review Process (Project Review Oprhp No. 01PR5031)
ML031830858
Person / Time
Site: Ginna Constellation icon.png
Issue date: 07/02/2003
From: Kuo P
Division of Regulatory Improvement Programs
To: Mitchell K
Seneca Nation of Indians
Schaaf R, NRR/DRIP/RLEP, 415-1312
Shared Package
ML031830936 List:
References
OPRHP 01PR5031
Download: ML031830858 (5)


Text

July 2, 2003 Ms. Kathleen Mitchell Tribal Historic Preservation Officer Seneca Nation of Indians Seneca-Iroquois National Museum 794-814 Broad Street Salamanca, NY 14799

SUBJECT:

R.E. GINNA NUCLEAR POWER PLANT LICENSE RENEWAL REVIEW AND NATIONAL HISTORIC PRESERVATION ACT, SECTION 106 REVIEW PROCESS (PROJECT REVIEW OPRHP NO. 01PR5031)

Dear Ms. Mitchell:

The U.S. Nuclear Regulatory Commission (NRC) is evaluating an application submitted by Rochester Gas and Electric Corporation (RG&E) for the renewal of the operating license for the R.E. Ginna Nuclear Power Plant (Ginna), located in the Town of Ontario, Wayne County, New York. The application was submitted by letter dated July 30, 2002, pursuant to the NRC regulations of Title 10 of the Code of Federal Regulations, Part 54 (10 CFR Part 54). The NRC staff has prepared a site-specific supplement to its ?Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS), NUREG-1437, for this licensing action. As part of our review, we consider potential impacts on historic and archaeological resources. We are requesting your comments on the enclosed draft supplement.

The NRC staff contacted nine Native American Tribes identified as having potential interest in the proposed undertaking. We received your e-mail response to our letter on December 11, 2002, in which you stated your concerns with the potential for ground-disturbing activities related to the proposed license renewal. Additionally, your e-mail expressed concerns regarding security, spent fuel storage, and transportation of spent fuel.

The Agency official (the Director, Office of Nuclear Reactor Regulation) has determined that the area of potential effect (APE) for a license renewal action is the area at the power plant site and its immediate environs which may be impacted by post-license renewal land disturbing operation or projected refurbishment activities associated with the proposed action. The staff views the APE for the Ginna license renewal as including the Ginna site and the immediate environs.

RG&E has stated that it does not plan any major refurbishment activity that would result in additional land disturbance in the APE during the extended license period. The NRC staff has conducted a site audit and has discussed the project with the New York State Office of Parks, Recreation, and Historic Properties. These activities identified one structure within the area of potential effect, the Brookwood Manor House, eligible for inclusion in the National Register of Historic Places (NRHP). The NRC staff has determined that current RG&E management of the Manor House appears to be an effective adaptive reuse of the structure that preserves the historic integrity of the building. Based on these considerations, the NRC staff's preliminary

K. Mitchell 2

determination is that the proposed undertaking will have no effect on historic or archaeological resources within the APE.

The NRC staff requests the Seneca Nation's comments regarding the staff's conclusions as stated in the draft supplement to the GEIS. To be certain of consideration, comments on the draft supplement must be received by September 16, 2003. The NRC will be holding a public meeting on August 7, 2003, to discuss the preliminary conclusions in the draft supplement, and to accept public comments on the document. Two sessions will be held at the Ontario Firemans Exempt Hall, 1840 Route 104, Ontario, New York, with the first session commencing at 1:30 p.m. and the second session commencing at 7:00 p.m. Each session will be preceded by a one hour open house for informal discussions with the NRC staff.

Regarding your comments concerning security, the Commission is closely examining the current security and protective framework and has already ordered interim improvements at licensed nuclear facilities, including power reactors. The Commission, however, has determined that issues related to the security at nuclear power plants are current operating issues and are therefore outside the scope of license renewal.

Regarding your comments concerning storage and transportation of spent fuel, the safety and environmental effects of onsite storage and transportation of spent fuel have been evaluated by the NRC generically. As set forth in the Waste Confidence Rule (10 CFR 51.23), the NRC generically determined that such storage could be accomplished without significant environmental impact. In the Waste Confidence Rule, the Commission determined that spent fuel can be stored onsite for at least 30 years beyond the licensed operating life, which may include the term of a renewed license. At or before the end of that period, the fuel will be moved to a permanent repository. The radiological and non-radiological environmental impacts from the transportation of fuel and waste attributable to license renewal of a power reactor were evaluated in Section 6.3 of the GEIS and in Addendum 1 to the GEIS.

If you have any questions or require additional information, please contact the Environmental Project Manager, Robert Schaaf at 301-415-1312 or RGS@nrc.gov.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No.: 50-244

Enclosure:

As stated cc w/o encl.: See next page

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determination is that the proposed undertaking will have no effect on historic or archaeological resources within the APE.

The NRC staff requests the Seneca Nation's comments regarding the staff's conclusions as stated in the draft supplement to the GEIS. To be certain of consideration, comments on the draft supplement must be received by September 16, 2003. The NRC will be holding a public meeting on August 7, 2003, to discuss the preliminary conclusions in the draft supplement, and to accept public comments on the document. Two sessions will be held at the Ontario Firemans Exempt Hall, 1840 Route 104, Ontario, New York, with the first session commencing at 1:30 p.m. and the second session commencing at 7:00 p.m. Each session will be preceded by a one hour open house for informal discussions with the NRC staff.

Regarding your comments concerning security, the Commission is closely examining the current security and protective framework and has already ordered interim improvements at licensed nuclear facilities, including power reactors. The Commission, however, has determined that issues related to the security at nuclear power plants are current operating issues and are therefore outside the scope of license renewal.

Regarding your comments concerning storage and transportation of spent fuel, the safety and environmental effects of onsite storage and transportation of spent fuel have been evaluated by the NRC generically. As set forth in the Waste Confidence Rule (10 CFR 51.23), the NRC generically determined that such storage could be accomplished without significant environmental impact. In the Waste Confidence Rule, the Commission determined that spent fuel can be stored onsite for at least 30 years beyond the licensed operating life, which may include the term of a renewed license. At or before the end of that period, the fuel will be moved to a permanent repository. The radiological and non-radiological environmental impacts from the transportation of fuel and waste attributable to license renewal of a power reactor were evaluated in Section 6.3 of the GEIS and in Addendum 1 to the GEIS.

If you have any questions or require additional information, please contact the Environmental Project Manager, Robert Schaaf at 301-415-1312 or RGS@nrc.gov.

Sincerely,

/RA/

Pao-Tsin Kuo, Program Director License Renewal and Environmental Impacts Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No.: 50-244

Enclosure:

As stated cc w/o encl.: See next page DISTRIBUTION:

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DATE 6/17/03 7/1/03 7/1/03 6/18/03 7/1/03 7/2/03 OFFICIAL RECORD COPY

R.E. Ginna Nuclear Power Plant cc:

Kenneth Kolaczyk, Sr. Resident Inspector R.E. Ginna Plant U.S. Nuclear Regulatory Commission 1503 Lake Road Ontario, NY 14519 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Peter R. Smith, Acting President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Daniel F. Stenger Ballard Spahr Andrews & Ingersoll, LLP 601 13th Street, NW., Suite 1000 South Washington, DC 20005 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Alan P. Nelson Nuclear Energy Institute 1776 I Street, NW., Suite 400 Washington, DC 20006-3708 George Wrobel Manager, License Renewal R.E. Ginna Nuclear Power Plant 1503 Lake Rd.

Ontario, NY 14519 Mr. Denis Wickham Sr. Vice President Transmission & Supply Energy East Management Corporation P.O. Box 5224 Binghampton, NY 13902 Mr. David F. Wilson R.E. Ginna Nuclear Power Plant 1503 Lake Rd.

Ontario, NY 14519 Ms. Carolyn Johnson Division Head Business and Government Division Rochester Public Library 115 South Avenue Rochester, NY 14604 William G. Little, Esq.

Division of Legal Affairs NYS Department of Environmental Conservation 625 Broadway Albany, NY 12233-1500

R.E. Ginna Nuclear Power Plant cc:

Ms. Kimberly Merchant Division of Environmental Permits NYS Department of Environmental Conservation 6274 East Avon-Lima Road Avon, NY 14414-9519 Ms. Laura Viau Director Ontario Public Library 1850 Ridge Road Ontario, NY 14519 Dr. Robert C. Mecredy Vice President, Nuclear Operations Rochester Gas and Electric Corporation 89 East Avenue Rochester, NY 14649