ML053050303

Summary of September 28, 2005, Meeting with the Public Regarding Proposed Release of Part of Site for Unrestricted Use (Tac No. MC7602)

ML053050303
Person / Time
Site:	Ginna
Issue date:	11/09/2005
From:	Milano P NRC/NRR/ADRO/DORL/LPLA
To:	Ginna
Milano P, NRR/DLPM 415-1457
Shared Package
ML053050311	List: ML053050303
References
TAC MC7602
Download: ML053050303 (5)

Text

November 9, 2005 LICENSEE: R.E. Ginna Nuclear Power Plant, LLC FACILITY: R.E. Ginna Nuclear Power Plant

SUMMARY

OF SEPTEMBER 28, 2005, MEETING WITH THE PUBLIC REGARDING PROPOSED RELEASE OF PART OF SITE FOR UNRESTRICTED USE (TAC NO. MC7602)

On September 28, 2005, the Nuclear Regulatory Commission (NRC) held a Category 3 meeting to obtain public comments on the proposed release of part of the R.E. Ginna Nuclear Power Plant (Ginna) site for unrestricted use, pursuant to Section 50.83 of Part 50 of Title 10 of the Code of Federal Regulations (10 CFR 50.83). The meeting took place at the Ginna Training Center in Ontario, New York. A list of attendees is provided as Enclosure 1.

The NRC staff provided a short presentation to describe the land under consideration in the licensees application dated May 20, 2005, for partial site release and the NRC regulations governing the review of the application. A copy of the presentation slides is provided as .

Members of the public who were in attendance provided comments regarding the proposed partial site release. The following is a summary of the comments that were received during the meeting:

1. Safety of the land being released The majority of the comments presented by the public were in the area of radiological safety. In particular, the publics focus was on understanding the NRCs actions for determining that the land, if transferred, would be safe. The public asked various questions about the potential for contaminants to be in the land that would be unsafe for the public. In particular, the public asked about material getting into the ground water and whether the evaluation included soil and water sampling. There was also a discussion about the type of surveys that the licensee completed in support of its application and the procedures used to sample and test. Further, one individual was concerned about potential non-radioactive contaminants such as polychlorinated biphenyls (PCBs) and the agency that would have jurisdiction in this area since it was not included in 10 CFR 50.83.

The NRC staff described its options when determining whether the licensees classification of any release area as non-impacted was adequately justified. In this regard, several individuals requested that the NRC perform some independent testing.

Several others said that the NRC should not do independent tests unless there was some compelling evidence that these tests were necessary.

The public was aware of the July 7, 2005, application by the licensee to increase the licensed thermal power level. In this regard, a question was asked about the impact at the exclusion area boundary from the requested power uprate conditions.

2. NRC regulations governing this application Based on the NRC staffs presentation about its scope of review, the public questioned the difference between the NRCs regulations when the plant is operating and when it undergoes decommissioning. The staff discussed the similarity between the regulations in 10 CFR 50.83 and 10 CFR 50.82, Termination of license. One member of the public also expressed concern that the regulations in 10 CFR 50.83 provide no opportunity for intervention.

The public and the State representative questioned the possibility that the licensee may sell additional land and the extent to which additional land could potentially be sold. The NRC staff stated that it was not aware of any further requests from the licensee to release more land for unrestricted use. As stated in 10 CFR 50.83, the siting criteria of 10 CFR Part 100 in the plants licensing basis must continue to be met.

3. Security and emergency preparedness One member of the public commented on the need for a physical barrier for separating Ginnas and residential properties. There were also comments that, with the number of people who will be living close to the plant after the land is developed, there should be a physical barrier to prevent trespassing onto the site. For the Ginna site, NRC staff clarified that licensees are required to meet the requirements established in 10 CFR Part 73 about protection against an enhanced design-basis threat and that property fences at the owner controlled area boundary for marking or physical barriers against trespassing are not requirements within established regulation.

Regarding emergency preparedness, the NRC staff described the scope of its review of the licensees evaluation that there will not be a reduction in effectiveness of the emergency planning. An individual asked whether the number of homes in the area would impact the review of the emergency preparedness program.

Public meeting feedback forms were not received.

Please direct any inquiries to Patrick Milano at 301-415-1457, or pdm@nrc.gov.

/RA/

Patrick D. Milano, Senior Project Manager Plant Licensing Branch A Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosure:

As stated cc w/encl: See next page

2. NRC regulations governing this application Based on the NRC staffs presentation about its scope of review, the public questioned the difference between the NRCs regulations when the plant is operating and when it undergoes decommissioning. The staff discussed the similarity between the regulations in 10 CFR 50.83 and 10 CFR 50.82, Termination of license. One member of the public also expressed concern that the regulations in 10 CFR 50.83 provide no opportunity for intervention.

The public and the State representative questioned the possibility that the licensee may sell additional land and the extent to which additional land could potentially be sold. The NRC staff stated that it was not aware of any further requests from the licensee to release more land for unrestricted use. As stated in 10 CFR 50.83, the siting criteria of 10 CFR Part 100 in the plants licensing basis must continue to be met.

3. Security and emergency preparedness One member of the public commented on the need for a physical barrier for separating Ginnas and residential properties. There were also comments that, with the number of people who will be living close to the plant after the land is developed, there should be a physical barrier to prevent trespassing onto the site. For the Ginna site, NRC staff clarified that licensees are required to meet the requirements established in 10 CFR Part 73 about protection against an enhanced design-basis threat and that property fences at the owner controlled area boundary for marking or physical barriers against trespassing are not requirements within established regulation.

Regarding emergency preparedness, the NRC staff described the scope of its review of the licensees evaluation that there will not be a reduction in effectiveness of the emergency planning. An individual asked whether the number of homes in the area would impact the review of the emergency preparedness program.

Public meeting feedback forms were not received.

Please direct any inquiries to Patrick Milano at 301-415-1457, or pdm@nrc.gov.

/RA/

Patrick D. Milano, Senior Project Manager Plant Licensing Branch A Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244

Enclosure:

As stated cc w/encl: See next page DISTRIBUTION PUBLIC P. Milano J. Dehmel ACRS LPLA Reading File S. Little D. Barss OGC R. Laufer S. Klementowicz P. S. Lee J. Trapp, R-I M. Marshfield, R-I Accession No.: ML053050303 Package No.: ML053050311 OFFICE NRR/LPLA/PM NRR/LPLA/LA NRR/LPLA/BC NAME P. Milano SLittle RLaufer DATE 11/08/05 11/09/05 11/09/05 OFFICIAL RECORD COPY

R.E. Ginna Nuclear Power Plant cc:

Mr. Michael J. Wallace Daniel F. Stenger President Ballard Spahr Andrews & Ingersoll, LLP R.E. Ginna Nuclear Power Plant, LLC 601 13th Street, N.W., Suite 1000 South c/o Constellation Energy Washington, DC 20005 750 East Pratt Street Baltimore, MD 21202 Ms. Thelma Wideman, Director Wayne County Emergency Management Mr. John M. Heffley Office Senior Vice President and Wayne County Emergency Operations Chief Nuclear Officer Center Constellation Generation Group 7336 Route 31 1997 Annapolis Exchange Parkway Lyons, NY 14489 Suite 500 Annapolis, MD 21401 Ms. Mary Louise Meisenzahl Administrator, Monroe County Kenneth Kolaczyk, Sr. Resident Inspector Office of Emergency Preparedness R.E. Ginna Nuclear Power Plant 1190 Scottsville Road, Suite 200 U.S. Nuclear Regulatory Commission Rochester, NY 14624 1503 Lake Road Ontario, NY 14519 Mr. Paul Eddy New York State Department of Regional Administrator, Region I Public Service U.S. Nuclear Regulatory Commission 3 Empire State Plaza, 10th Floor 475 Allendale Road Albany, NY 12223 King of Prussia, PA 19406 Mrs. Mary G. Korsnick Peter R. Smith, President Vice President R.E. Ginna Nuclear Power New York State Energy, Research, Plant and Development Authority R.E. Ginna Nuclear Power Plant, LLC 17 Columbia Circle 1503 Lake Road Albany, NY 12203-6399 Ontario, NY 14519 James M. Petro, Jr., Esquire Counsel Constellation Energy 750 East Pratt Street, 5th Floor Baltimore, MD 21202 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271

MEETING ATTENDEES APPLICATION TO RELEASE PART OF SITE FOR UNRESTRICTED USE R.E. GINNA NUCLEAR POWER PLANT SEPTEMBER 28, 2005 NRC Staff:

Name Title Organization Patrick Milano Sr. Project Manager NRR/DORL/LPLA1 Stephen Klementowicz Health Physics Team Leader NRR/DIRS/IHPB2 Jean-Claude Dehmel Sr. Health Physicist NRR/DIRS/IHPB Daniel Barss Licensing Team Leader NSIR/EPD3 Peter Lee Sr. Security Specialist NSIR/DNS4 Mark Marshfield Resident Inspector R-I/DRP5

1. Office of Nuclear Reactor Regulation (NRR)/Division of Operating Reactor Licensing/Plant Licensing Branch A

2. NRR/Division of Inspection and Regional Support (DIRS)/Health Physics Branch (IHPB)

3. Office of Nuclear Security and Incident Response (NSIR)/Division of Preparedness and Response (EPD)

4. NSIR/Division of Nuclear Security

5. Region I/Division of Reactor Projects Constellation Energy/R.E. Ginna Nuclear Power Plant, LLC:

Name Title Cary Fleming Senior Counsel George Wrobel Director, Nuclear Safety and Licensing Ron Teed Director, Nuclear Security Tim Laursen Director, Emergency Preparedness John Traynor Sr. Quality Assurance Auditor Gregory Jones Acting Director, Chemistry State of New York:

Name: Department:

Paul Eddy NYS Department of Public Service Members of the Public:

Name:

Frank DAngelo Peter Dusel Keith Burrows Nick DAngelo Sandra Dusel Sue Wheaton Thomas Jay Solomon Sherri Kennedy Tim Judson Enclosure 1