ML050870525

G20050208/LTR-05-0162 - Ltr. Rep. Edward J. Markey Re Concerns About an Application by Connecticut Yankee Atomic Power Company Re Disposal of Radioactive Demolition Debris from the Decommissioning of Haddam Neck Nuclear Power Plant

ML050870525
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	03/23/2005
From:	Markey E US HR (House of Representatives)
To:	Diaz N NRC/Chairman
References
CORR-05-0066, FOIA/PA-2005-0203, G20050208, LTR-05-0162
Download: ML050870525 (6)

Text

EDO Principal Correspondence Control FROM: DUE: 04/05/05 EDO CONTROL: G20050208 DOC DT: 03/23/05 FINAL REPLY:'

Rep. Edward J. Markey Chairman Diaz FOR SIGNATURE OF : ** PRI ** CRC NO: 05-0162 Chairman DESC: ROUTING:

Concerns About an Application by Connecticut Reyes Yankee Atomic Power Company to the NRC Regarding Virgilio Disposal of Radioactive Demolition Debris from the Kane Decommissioning of CYAPCO's Haddam Neck Nuclear Merschoff Power Plant Silber Dean DATE: 03/25/05 Burns/Cyr Collins, RI ASSIGNED TO: CONTACT:

NMSS Strosnider SPECIAL INSTRUCTIONS OR REMARKS:

/Cernt; SEed-0/7 ,5 eir 59co -a

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed:Mar 24, 2005 16:41 PAPER NUMBER: LTR-05-0162 LOGGING DATE: 03/24/2005 ACTION OFFICE: EDO AUTHOR: REP Edward Markey AFFILIATION: REP ADDRESSEE: Nils Diaz

SUBJECT:

Concerns about an application by Connecticut Yankee Atomic Power Company to the NRC regarding the disposal of radioactive demolition debris from the decommissioning of CYAPOC's Haddam Neck nuc power plant ACTION: Signature of Chairman DISTRIBUTION: RF, OCA to Ack LETTER DATE: 03/23/2005 ACKNOWLEDGED No SPECIAL HANDLING: Comr. Corres NOTES: A rojr 4-.%

4 FILE LOCATION: ADAMS DATE DUE: 04/07/2005 DATE SIGNED:

EDO -- G20050208

i~ - another MaKey letter Page 1ee Page 1A From: NFreedhoff, Michal' <Michal.Freedhoff@mail.house.gov>

To: "'Betsy Keeling'" <BJK@nrc.gov>, "Dennis Rathbun (dkr@nrc.gov)" <dkr@nrc.gov>

Date: 3/24/05 10:33AM

Subject:

another Markey letter

<<03-23-05onCYAPCO.pdf>>

Michal lana Freedhoff, Ph.D.

Senior Policy Associate Office of Representative Edward J. Markey (D-MA) 2108 Rayburn House Office Building Washington, DC 20515 202-225-2836

cAtemP\GWI00001.TMP _Pagqe 1 A Mail Envelope Properties (4242DDAE.344: 22: 836)

Subject:

another Markey letter Creation Date: 3/24/05 10:31AM From: "Freedhoff, Michal" <Michal.Freedhoff@mail.house.gov>

Created By: Michal.Freedhoff@mail.house.gov Recipients nrc.gov twfSpo.TWFNDO BJK (Betsy Keeling) nrc.gov owfS-po.OWFNDO DKR (Dennis Rathbun)

Post Office Route twf5_po.TWFN_DO nrc.gov owfSpo.OWFNDO nrc.gov Files Size Date & Time MESSAGE 202 03/24/05 10:31AM TEXT.htm 988 03-23-O5onCYAPCO.pdf 1479161 Mime.822 2027252 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard

EDWARD J. MARKEY 2103 RAYBURN HOUSE OFFICE BUILDING 7T. DISTRICT NWASHINGTON, DC 20515-2107 (202) 225-2836 ENERGY AND COMMERCE COMMrrTEE lANKIN MEMBER ., DISTFICTOFFICES.

TEL SUBCOMMITTEE ON TEECOMMUNICATIONS AND rI4E INTERNET Con gJ nOUA Co E f be Biteb -tu sHIGH STREET.SUiTE101 MEOFOIRD-MA 02155 (781) 398-2OC-0 SELECT COMMb/TEEON SMELECT ECOITTEE ~183 ¢401lt~ of Areprtmi1tatiWe$ CONCORD STREET. SUITE 102 HOMELAND SECURITY FRAMtINGl4AI1,:XA 01702 RESOURCES COMMITTEE

- a<Dfi Stgn,-i 3C 2 0515-2107 HE~~~~ FAnGi.^ 10 ww:houSe.g0v1markes, March 23, 2005 The Honorable Nils J. Diaz' Chairman Nuclear Regulatory Commission bOne White Flint North.Building 11555 Rockville Pike

'Rockville, MD 20852-2738

Dear Mr. Chairman:

I am writing to express my concerns about ai application by Conniejcicut'Yaiikee Atomic Power Company ("CYAPCOV) to .the Nuclear Regulatory Commission (NRC) regarding the disposal of radioactive demolition debris from the:decommissioning of CYAPCO's Haddam Neck nuclear power plant. CYAPCO is seeking the Commission's permission to dispose'of this nucliear waste at US Ecology's hazardous waste.disposal facility in Grand View, Idaho, -afacility notilicensed to accept radioactive materials or wastes. My understanding is that similar proposals, including oneinvolving materials from the Yankee Rowevfacility iin Massachtisett, 'aie also pending iat the Commihissioni. Some df my concerns involve the potential hazaras associated with removing from NRC regulationwastes that I' believe should be subject to NRC control, and I plan to address some of those concerns with you in future correspondence. What I would prefer to address with the'Commission at this time, however, is the process I understand will used to resolve the issues involved ii this mnatter. Ifi particular, I am deeply troubled thaI h&NRC appears to be seriously considering a process that

-does not involve widespread publicparticipation in the decisions to be made on these issues.

As you may be aware, .CYAPCO proposed that theNRC authorize the proposed disposal under 10 CFR §20.2002, a rule that alloWs thei4RC.to permit disposal of licensed material in a manner not otherwise permitted by Commission regulations. The Snake River Alliance and three other environmental organizations then filed a petition with the Commission opposing use of the 10 CFR §20.2002 process for .the purpose of disposing of such material at an unlicensed site. The petition requested, among other things, that a public hearing be held on the application in Idaho.

It is my understanding that the NRC is now considering granting the CYAPCO application without a public hearing. 'While it has offered the Snake River Alliance alone an opportunity to file written comments, it apparently intends to deny to the public at large the various benefits of a license amendment or other adjudicatory process with respect to the proposed disposal. The approach would be viewed, legitimately I believe, as an effort lo avoid broad-based public input on a matter of substantial importance and substantial controversy.

PR TEDON RECYCLED PAPER

Moreover, it would be viewed that way against a backdrop of distrust of the NRC on the very matters that are involved here. I have learned that the Commission also plans to proceed with a nrlemaking that would generically release radioactive biiterials from regulatory control, which violates that trust even more. In doing so, the NRC would.be ignoring critical conclusions of a 2002 National Academy of Sciences (NAS) report, The.Disposition',Dilemma, commissioned by the NRC that relate.to stakeholderperceptions of the agency. 1No more prominent conclusion emerged from that report -than the report's findings that "[a] legacy of distrust of the 'USNRC has developed among most of the environmental stakeholder groups"

-regarding the subject of low-activity waste 'control and that "[rlestablishing-trust will require concerted and sustained effort by the USNRC, ptemised on a belief that stakeholder involvement will be important and -worthwhile, as well as a prerequisite for making progress."

If,-in the face of this advice (and a number .ofpublic statements by NRC Commissioners and staff acknowledging the 'significance of the advice), the Commission now is not only moving to release radioactive decommissioning-waste from regulatory control on a case-by-case basis,' but is also embarking on-a rulemaking to do so.generically, with even less-regulatory control across the board, the NRC willIbe aggravating the very concerns that prompted These NAS conclusions in the first place. That, in my view, would be extremely unfortunate. What the Commission should do instead is to require continued NRC control over decommissioning Wastes, to cancel the proposed rulemaking process that would generically deregulate nuclear wastes, and to ensure that the public has every opportunity to participate in any process the Commission undertakes.

Thank you very much for your attention to this important matter. If you have any questions or concerns, please have your staff contact Dr. Michal Freedhoff ofmy staff at 202-225-2836.

Sincerely, Edward J. Marketa