ML053200023

John Niles Ltr Response to Request for Exemption from 10 CFR Part 50.75(f)(1)

ML053200023
Person / Time
Site:	Maine Yankee
Issue date:	12/08/2005
From:	Gillen D NRC/NMSS/DWMEP/DD
To:	Niles J Maine Yankee Atomic Power Co
Buckley J, NMSS/DWM, 301-415-6607
References
Download: ML053200023 (3)

Text

December 8, 2005 Mr. John Niles, ISFSI Manager Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, Maine 04578-4922

SUBJECT:

RESPONSE TO REQUEST FOR EXEMPTION FROM 10 CFR Part 50.75(f)(1)

Dear Mr. Niles:

On May 31, 2005, Maine Yankee Atomic Power Company submitted a request for exemption from the requirements of 10 CFR Part 50.75(f)(1), which requires annual reporting of the status of the licensees decommissioning fund. The U.S. Nuclear Regulatory Commission has considered your request for exemption, and based on the discussion below, the staff denies the request for exemption.

The staff is developing a rulemaking which will address financial assurance issues regarding licensees in decommissioning. As part of the rulemaking process, the staff will solicit comment on the proposed changes to the regulations. Therefore, the staff determined that granting this request is not appropriate pending completion of this rulemaking process.

The staff considered the burden of continuing the annual reporting of your decommissioning fund status. However, the fund is small in size, and the completion of reactor decommissioning activities suggests that the report will be simpler, and therefore less expensive, than in the past.

Balanced against that burden is the benefit of greater public participation in the rulemaking now in progress. The staff determined that the benefit of public participation outweighs the burden to the licensee in this case.

If you have any questions regarding this letter, please contact John Buckley at 301-415-6607.

Sincerely,

/RA/

Daniel M. Gillen, Deputy Director Decommissioning Directorate 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

December 8, 2005 Mr. John Niles, ISFSI Manager Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, Maine 04578-4922

SUBJECT:

RESPONSE TO REQUEST FOR EXEMPTION FROM 10 CFR 50.75(f)(1)

Dear Mr. Niles:

On May 31, 2005, Maine Yankee Atomic Power Company submitted a request for exemption from the requirements of 10 CFR Part 50.75(f)(1), which requires annual reporting of the status of the licensees decommissioning fund. The U.S. Nuclear Regulatory Commission has considered your request for exemption, and based on the discussion below, the staff denies the request for exemption.

The staff is developing a rulemaking which will address financial assurance issues regarding licensees in decommissioning. As part of the rulemaking process, the staff will solicit comment on the proposed changes to the regulations. Therefore, the staff determined that granting this request is not appropriate pending completion of this rulemaking process.

The staff considered the burden of continuing the annual reporting of your decommissioning fund status. However, the fund is small in size, and the completion of reactor decommissioning activities suggests that the report will be simpler, and therefore less expensive, than in the past.

Balanced against that burden is the benefit of greater public participation in the rulemaking now in progress. The staff determined that the benefit of public participation outweighs the burden to the licensee in this case.

If you have any questions regarding this letter, please contact John Buckley at 301-415-6607.

Sincerely,

/RA/

Daniel M. Gillen, Deputy Director Decommissioning Directorate 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:

DCD r/f DWMEP r/f RidsRgn1MailCenter ML053200023 OFFICE DWMEP:PM DWMEP:LA DWMEP:SC OGC DWMEP:DD NAME JBuckley CBurkhalter CCraig STreby (NLO) DGillen DATE 11/22/05 11/22/05 11/23/05 12/5/05 12/8/05 OFFICIAL RECORD COPY

Maine Yankee Atomic Power Plant Service List cc:

Senator Charles Pray 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 First Selectman of Wiscasset Mr. Mark Roberts Municipal Building U.S. Nuclear Regulatory Commission U.S. Route 1 475 Allendale Road Wiscasset, ME 04578 King of Prussia, PA 19406 Friends of the Coast David Lewis, Esquire P.O. Box 98 Shaw Pittman Edgecomb, ME 04556 2300 North Street, NW Washington, DC 20037 Mr. Jonathan M. Block Attorney at Law Mr. John Niles, ISFSI Manager P.O. Box 566 Maine Yankee Atomic Power Company Putney, VT 05346-0566 321 Old Ferry Road Wiscasset, ME 04578-4922 Joseph Fay, Esquire Maine Yankee Atomic power Company W. Clough Toppan, P.E., Director 321 Old Ferry Road Division of Health Engineering Wiscasset, ME 04578-4922 Department of Human Services

1. 10 State House Station Augusta, ME 04333