ML043370227

Exemptions Related to Maine Yankee Atomic Power Company'S Independent Spent Fuel Storage Installation

ML043370227
Person / Time
Site:	Maine Yankee, 07201015
Issue date:	11/15/2004
From:	Pray C State of ME
To:	Brown S NRC/NMSS/SFPO
References
+sispjld120050505, TAC L23714
Download: ML043370227 (2)

Text

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72- /0IJ6 STATE OF MAINE EXECUTIVE DEPARTMENT

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AON OFFICE OF NUCLEAR SAFETY ADVISOR 112 STATE HOUSE STATION AUGUSTA, MAINE JOHN ELIAS BALDACCI 04333.0112 CHARLES R PRAY GOVERNOR ADVISOR November 15, 2004 Stewart W. Brown, Sr. Project Manager Spent Fuel Project Office Office of Nuclear Material Safety & Safeguards U.S.N.R.C.

Rockville, Maryland 20852

SUBJECT:

EXEMPTIONS RELATED TO MAINE YANKEE ATOMIC POWER COMPANY'S INDEPENDENT SPENT FUEL STORAGE INSTALLATION; DOCKET NO. 72-30 (TAC NO.

L23714)

Dear Mr. Brown:

I have reviewed the request for the two exemptions by Maine Yankee Atomic Power Company (MYPAC) submitted in letter dated February 25, 2004, and a supplemental letter dated June 8, 2004 in which MYAPC has requested to be relieved by the Nuclear Regulatory Commission (NRC) from the requirements to:

(1) develop training modules under its systematic approach to training that include comprehensive instructions for the operation and maintenance of the independent spent fuel storage installation, except for the NAC-UMS0 Universal Storage System; and (2) submit an annual report pursuant to Title 10 of the Code Federal Regulations (10 CFR) 72.44(d)(3). I have reviewed your environmental assessment of the effects of granting these exemptions and have met with MYAPC to discuss their request and understand the requests are narrow and specific.

MYAPC is using the NAC-UMSe Universal Storage System to hold the U.S.

Department of Energy's (DOE) spent nuclear waste from the decommissioning reactor, licensed by the U.S. Nuclear Regulatory Commission, at an on-site independent spent fuel storage installation (ISFSI) also licensed by your organization, on an interim basis, until the U.S.DOE retrieves it's waste. The requested exemptions would allow the licensee to deviate from requirements of the NAC-UMSO Certificate of Compliance (CoG) No. 1015, Amendment 2, Appendix A, Technical Specifications for the NAC-UMSO System, Section A 5.1, Training Program, and Section A 5.5, Radioactive Effluent Control Program.

Specifically, the two exemptions would relieve the licensee from the requirements to: (1) develop training modules under its systematic approach to training (SAT) that include comprehensive instructions for the operation and maintenance of the

),SO,D PRINTEDON RECYCLEDPAPER Charles.Pray@maine.gov (e-mail) FAX: (207') 287-4317 PHONE: (207) 287-E3936 (Voice) http://ivsvw.maine.gov/meopa FAX: (207 ) 287.4300

Page 2 of 2, DOCKET NO. 72-30 (TAC NO. L23714)

ISFSI, except for the NAC-UMSO Universal Storage System; and (2) submit an annual report pursuant to 10 CFR 72.44(d)(3).

The NRC 'has determined "that the requirements of CoC No. 1015, Amendment 2, Appendix A, Technical Specifications for the NAC-UMSO System, Section A 5.1, Training Program, and Section A 5.5, Radioactive Effluent Control Program impose regulatory obligations, with associated costs, ... do not provide any increase in safety benefit." __ _

In that, the State of Maine has no objections to the NRC granting the exemption for the current existing licensure period as long as the current outstanding statutory obligations of the United States government are met in all of its responsibility in reference to the MYAPC facility, and that no extensions of the current twenty-year licensure of the ISFSI is approved. Any extension granted by the NRC beyond that date will alters the State's approval on this and other related matters and will require a need for ongoing assessment by the State of Maine of safety benefits to the citizens of Maine beyond its original and current licensed mission. The State would be required to fully assessment as to how best protect the citizens of the State from further federal lapses of obligations.

If you have any questions, please do not hesitate to contact me at (207) 287-8936.

Thank you for your patience and endurance in this matter.

Sincerely, Hon. Charles Pray State Nuclear Safety Advisor The State of Maine 112 State House Station Augusta, ME 04333-0012 Docket Nos.: 72-30, 72-1015, and 50-309