ML050870525
| 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 Rep. Edward J. Markey EDO CONTROL: G20050208 DOC DT: 03/23/05 FINAL REPLY:'
Chairman Diaz FOR SIGNATURE OF :
PRI CRC NO: 05-0162 Chairman DESC:
ROUTING:
Concerns About an Application by Connecticut Yankee Atomic Power Company to the NRC Regarding Disposal of Radioactive Demolition Debris from the Decommissioning of CYAPCO's Haddam Neck Nuclear Power Plant DATE: 03/25/05 Reyes Virgilio Kane Merschoff Silber Dean Burns/Cyr Collins, RI ASSIGNED TO:
CONTACT:
NMSS Strosnider SPECIAL INSTRUCTIONS OR REMARKS:
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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:
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LETTER DATE:
ACKNOWLEDGED REP Edward Markey REP Nils Diaz 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 Signature of Chairman RF, OCA to Ack 03/23/2005 No SPECIAL HANDLING:
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Comr. Corres A
4 ADAMS rojr 4-.%
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DATE DUE:
04/07/2005 DATE SIGNED:
EDO -- G20050208
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Page 1ee
- another MaKey letter 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
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_Pagqe 1 A Mail Envelope Properties (4242DDAE.344: 22: 836)
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another Markey letter 3/24/05 10:31AM "Freedhoff, Michal" <Michal.Freedhoff@mail.house.gov>
Michal.Freedhoff@mail.house.gov Recipients nrc.gov twfSpo.TWFNDO BJK (Betsy Keeling) nrc.gov owfS-po.OWFNDO DKR (Dennis Rathbun)
Post Office twf5_po.TWFN_DO owfSpo.OWFNDO Route nrc.gov nrc.gov Files MESSAGE TEXT.htm 03-23-O5onCYAPCO.pdf Mime.822 Options Expiration Date:
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Size 202 988 1479161 2027252 Date & Time 03/24/05 10:31AM None Standard No None No 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.
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a <Df i Stgn,-i 3C 2 0515-2107 FAnGi.^ 10 RESOURCES COMMITTEE 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, -a facility not ilicensed 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 TED ON 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.of public 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