ML051390161

Response to Maine Yankee Letter Dated May 5, 2005

ML051390161
Person / Time
Site:	Maine Yankee
Issue date:	07/14/2005
From:	Camper L NRC/NMSS/DWMEP
To:	Niles J Maine Yankee Atomic Power Co
References
Download: ML051390161 (4)

Text

July 14, 2005 Mr. John Niles, ISFSI Manager Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, Maine 04578-4922

SUBJECT:

RESPONSE TO MAINE YANKEE LETTER DATED MAY 5, 2005

Dear Mr. Niles:

On May 5, 2005, Maine Yankee Atomic Power Company (Maine Yankee) responded to the U.S.

Nuclear Regulatory Commission (NRC) letter dated April 11, 2005, regarding the use of the 10 CFR 50.59 process to revise Rev. 3, of the License Termination Plan (LTP). Because the Maine Yankee response incompletely summarizes the basis of the staffs concerns, and it appears to be inconsistent with the discussion held on April 22, 2005, the staffs concerns are restated below.

NRC and Maine Yankee staffs have resolved the issues raised in the April 11, 2005, NRC letter regarding gamma scan data in the Final Status Survey (FSS) Release Records. The staff has approved FSS Supplements 1 through 9 after finding them to be compliant with LTP Rev. 3.

Therefore, the staffs concerns regarding Maine Yankees gamma scan data are no longer relevant.

However, the staff notes the following:

(1) The 10 CFR 50.59 evaluation of the LTP change is based on mandatory gamma scans as indicated by Gamma scans are... while the language in the revised LTP indicates optional gamma scans as indicated by the language Gamma scans may ...

Maine Yankee should either revise the 50.59 evaluation or revise the LTP to make the wording consistent between the 50.59 evaluation and the revised LTP. In addition, the evaluation references Appendix 4C, when it appears it should be Attachment 4C.

(2) As stated in NRCs letter dated March 28, 2005, since the date of the change to LTP Section 4.2.1 and Attachment 4C is February 15, 2005, FSS surveys conducted before this date (all FSSs and associated release records in Supplement Nos. 1-8) have been evaluated for compliance with the LTP revision in effect at the time of the surveys.

Changes to the LTP via the 10 CFR 50.59 process are not retroactive and are considered effective the date on which the revised LTP is signed. This is contrary to Maine Yankees letter of April 13, 2005, which states that the LTP change has no effective date.

J. Niles Our focus remains on completing the reviews of FSS Supplement 9A, 10, and 10A. Upon resolution of the technical issues in these Supplements the staff will complete processing the licensing action which requested shrinking the area covered by Maine Yankees license to the ISFSI area and soil stockpile area. Once this licensing action is issued, both Maine Yankee and NRC actions regarding decommissioning will be completed.

If you have any questions regarding this letter please contact me at 301-415-7437.

Sincerely,

/RA/

Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No.: 50-309 License No.: DPR-36 cc: Maine Yankee distribution list

J. Niles Our focus remains on completing the reviews of FSS Supplement 9A, 10, and 10A. Upon resolution of the technical issues in these Supplements the staff will complete processing the licensing action which requested shrinking the area covered by Maine Yankees license to the ISFSI area and soil stockpile area. Once this licensing action is issued, both Maine Yankee and NRC actions regarding decommissioning will be completed.

If you have any questions regarding this letter please contact me at 301-415-7437.

Sincerely,

/RA/

Larry W. Camper, Director Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No.: 50-309 License No.: DPR-36 cc: Maine Yankee distribution list DISTRIBUTION:

DWMEP r/f DGillen DCD r/f MRoberts, RI RPrince, RI ML051390161 *See previous concurrence OFC DWMEP* DWMEP* Region 1* OGC* DWMEP* DWMEP NAME JBuckley CCraig MMiller STreby DGillen LCamper DATE 5/13/05 5/16/05 6/22/05 5/18/05 5/19/05 6/14/05 OFFICIAL RECORD COPY

Maine Yankee Atomic Power Plant Service List cc:

Ms. Paula Craighead, Esquire Mr. Patrick J. Dostie State Nuclear Safety Advisor State of Maine Nuclear Safety Inspector State Planning Office Maine Yankee Atomic Power Company State House Station #38 321 Old Ferry Road Augusta, ME 04333 Wiscasset, ME 04578-4922 Mr. P. L. Anderson, Project Manager Mr. Mark Roberts Yankee Atomic Electric Company U.S. Nuclear Regulatory Commission 580 Main Street 475 Allendale Road Bolton, MA 01740-1398 King of Prussia, PA 19406 First Selectman of Wiscasset David Lewis, Esquire Municipal Building Shaw Pittman U.S. Route 1 2300 North Street, NW Wiscasset, ME 04578 Washington, DC 20037 Friends of the Coast Mr. John Niles P.O. Box 98 ISFSI Manager Edgecomb, ME 04556 Maine Yankee Atomic Power Company 321 Old Ferry Road Mr. Jonathan M. Block Wiscasset, ME 04578-4922 Attorney at Law P.O. Box 566 W. Clough Toppan, P.E., Director Putney, VT 05346-0566 Division of Health Engineering Department of of Human Services Joseph Fay, Esquire #10 State House Station Maine Yankee Atomic power Company Augusta, ME 04333 321 Old Ferry Road Wiscasset, ME 04578-4922