ML060330095

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Letter from D. Gillen, NMSS, to K. Haas, Consumers Energy Company, Subject: Approval of Proposed Revision to Disposal Procedures in Accordance with 20 CFR 20.2002
ML060330095
Person / Time
Site: Big Rock Point File:Consumers Energy icon.png
Issue date: 01/19/2005
From: Gillen D
NRC/NMSS/DWMEP/DD
To: Haas K
Consumers Energy
Shared Package
ML060320259 List:
References
FOIA/PA-2005-0293, TAC L52096
Download: ML060330095 (4)


Text

January 19, 2005 Mr. Kurt M. Haas General Manager Big Rock Point Plant Consumers Energy Company 10269 US-31 North Charlevoix, Ml 49720

SUBJECT:

APPROVAL OF PROPOSED REVISION TO DISPOSAL PROCEDURES IN ACCORDANCE WITH 10 CFR 20.2002 (TAC NO. L52096)

Dear Mr. Haas:

By letter dated September 14, 2004, you requested that the U. S. Nuclear Regulatory Commission (NRC) approve a revision to your existing authorization to dispose of demolition debris originating from decommissioning activities at Big Rock Point Plant at a licensed landfill in accordance with the provisions of 10 CFR 20.2002. Specifically, you requested authority to dispose of some waste, primarily structural steel, contaminated with polychlorobiphenyl (PCB) in a landfill licensed by Michigan and the U. S. Environmental Protection Agency (EPA). We have completed our review of your request and enclose our safety evaluation. We determined that your proposed disposal of demolition debris in a State of Michigan landfill is acceptable.

In accordance with the provisions of 10 CFR 30.11 and 70.17, "the Commission may, upon application by an interested person or upon its own initiative, grant such exemptions from the requirements of the regulations... as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest."

To the extent that the material authorized for disposal in this 20.2002 authorization is otherwise licensable, the staff concludes that the material is exempt from further AEA and NRC licensing requirements. The enclosed safety evaluation report concludes that the exemptions are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. The staff also evaluated the environmental impacts of the exemptions and determined that granting these exemptions would not result in any significant impacts. For this action, an Environmental Assessment and Finding of No Significant Impact were prepared and published in the Federal Register (70FR3072).

K. Haas HPage Accordingly, pursuant to 10 CFR 30.11 and 70.17, the exemptions are granted and effective immediately.

Sincerely, IRA/

Daniel M1. Gillen, Deputy Director Decommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No. 50-155

Enclosures:

1. Safety Evaluation
2. Environmental Assessment cc w/enc:ls: See next page

K. Haas HPage Accordingly, pursuant to 10 CFR 30.11 and 70.17, the exemptions are granted and effective immediately.

Sincerely,

/RAJ Daniel M/. Gillen, Deputy Director Decommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No. 50-155

Enclosures:

1. Safety Evaluation
2. Environmental Assessment cc w/enc:ls: See next page DISTRIBUTION:

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Mr. Thomas A. McNish, Secretary Consumers Energy Company 212 West Michigan Avenue Jackson, Ml 49201 David A. Mikelonis, Esquire Consumers Energy Company 212 West Michigan Avenue Jackson, Ml 49201 Ms. Jane E. Brannon, County Clerk County Building Annex 203 Antrim Street Charlevoix, Ml 49720 Office of the Governor Room I.. Capitol Building Lansing, Ml 48913 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Michigan Department of Environmental Quality Drinking Water and Radiological Protection Division 3423 N. Martin Luther King Jr. Blvd.

P.O. Box 30630 Lansing, MI 48909-8130 Michigan Department of Attorney General Special Litigation Division 630 Law Building P.O. Box 30212 Lansing, Ml 48909 Mr. John W. Campbell, Executive Director Eastern U.P. Regional Planning

& Development Commission 524 Ashmun Street P. 0. Box 520 Sault Ste!. Marie, Ml 49783 Lake Michigan Federation Attn: T. Cabala, Director 425 W. Western Avenue Muskegon, Ml 49440 Mr. Robert A. Fenech Senior Vice President Nuclear, Fossil Operations Consumers Energy Company 212 W. Michigan Ave.

Jackson, Ml 49201 Waste Management, Inc.-Midwest Attn: Jamie Jones, Waste Approval Manager 48797 Alpha Dr. Suite 150 Wixom, Ml 48393 Waste Management, Inc.-Midwest Attn: Chad Crawford, Site Manager 11375 Sherman Road Frederic, Ml 49733 Environmental Quality Company Attn: Scott Maris, Vice President Regulatory Affairs 36255 Michigan, Ave.

Wayne, Ml 48184 Environmental Quality Company Attn: David Lusk, President 36255 Michigan, Ave.

Wayne, Ml 48184 Environmental Quality Company Attn: Kerry Dumen, Director of Operations of Wayne Disposal Wayne Disposal, Inc.

49350 N 1-94 Service Rd.

Belleville, Ml 48111