ML102020239
| ML102020239 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 07/15/2010 |
| From: | Goshen J NRC/NMSS/SFST |
| To: | Recasha Mitchell Yankee Atomic Electric Co |
| Goshen, JM, NNSS/SFST, 492-3325 | |
| References | |
| TAC L24421 | |
| Download: ML102020239 (7) | |
Text
July 15, 2010 Mr. Robert Mitchell ISFSI Manager Yankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367
SUBJECT:
EXEMPTION FROM 10 CFR 72.212 AND 72.214 FOR DRY SPENT FUEL STORAGE ACTIVITIES - YANKEE ATOMIC INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L24421)
Dear Mr. Mitchell:
This is in response to your letter dated February 23, 2010, requesting an exemption from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214, pursuant to 10 CFR 72.7. In your letter you stated that Yankee Atomic Electric Company (YAEC) desired to adopt Amendment No. 5 to Certificate of Compliance (CoC) No. 1025 for all canisters at the site.
Adoption of the changes authorized by Amendment No. 5 will allow a visual alternative to Technical Specification (TS) Surveillance Requirement 3.1.6.1 to verify the operability of the concrete cask heat removal system to maintain safe storage conditions and will also remove a specification in the CoC for tamper indicating devices. CoC No. 1025, Amendment No. 5 was authorized by the NRC on July 24, 2007. YAEC also requested continuation of two exemptions from the terms and conditions of Amendment No. 5, similar to two previously granted exemptions of Amendment 3. These are:
- 1. Appendix A, Section A 5.1, Training Program. Exemption from the requirement to develop training modules under the Systems Approach to Training that include comprehensive instructions for the operations and maintenance of ISFSI, except for the NAC-MPC system. This was approved by the NRC in its letter to YAEC dated June 6, 2006 (Agencywide Document Access and Management System (ADAMS) Accession No. ML061570027).
- 2. Appendix A, Section A 5.4, Radioactive Effluent Control Program. Exemption from the requirement submit an annual report pursuant to 10 CFR 72.44(d)(3) or 10 CFR 50.36a(a)(2). This was approved by the NRC in its letter to YAEC dated June 6, 2006 (Agencywide Document Access and Management System (ADAMS) Accession No. ML061570027).
The NRC staff evaluated the public health and safety and environmental impacts of the proposed exemption and determined that granting the exemption would not result in any significant impacts. For this action, an Environmental Assessment and Finding of No Significant Impact have been prepared and published in the Federal Register (75 FR 36449, June 25, 2010). A copy of the Federal Register Notice was provided to you by letter dated June 17, 2010. Based on the foregoing considerations, the staff has determined that granting the proposed exemption from specific provisions of 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A),
72.212(b)(7), and 10 CFR 72.214 is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC staff has concluded that the proposed changes will not pose an increased risk to public health and safety. Accordingly, the exemption will be effective immediately.
If you have any questions, please contact me at 301-492-3325.
Sincerely,
/RA/
John Goshen, P. E., Project Manager Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos. : 50-29, 72-31
Enclosure:
Staff Evaluation cc: Service List
72.212(b)(7), and 10 CFR 72.214 is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC staff has concluded that the proposed changes will not pose an increased risk to public health and safety. Accordingly, the exemption will be effective immediately.
If you have any questions, please contact me at 301-492-3325.
Sincerely,
/RA/
John Goshen, P. E., Project Manager Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos. : 50-29, 72-31
Enclosure:
Staff Evaluation cc: Service List ADAMS: MLxxxxxxxxx File location: G:\\ SFST\\Yankee Rowe\\2 23 10 Exemption request\\Yankee Rowe exemp ltr.docx OFC SFST SFST SFST NAME JGoshen WWheatley EBenner DATE 07/15/2010 07/15/2010 07/15/2010 OFFICIAL RECORD COPY
Yankee (Rowe) Nuclear Power Station cc:
Kelley Smith Communication Manager/Yankee Rowe Community Advisory Board 19 Midstate Drive Auburn, MA 01501 Alice Carson, RSCS, Inc.
12312 Milestone Manor Lane Germantown, MD 20876 Robert K. Gad, III, Esq.
Ropes and Gray One International Place Boston, MA 02110-2624 Ms. Leslie Greer Assistant Attorney General Commonwealth of Massachusetts 200 Portland Street Boston, MA 02114 Robert Walker, Director Radiation Control Program Massachusetts Department of Public Health 305 South Street Boston, MA 02130 Mr. James B. Muckerheide Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Edward Flynn, Secretary Massachusetts Executive Office of Public Safety One Ashburton Place Room 2133 Boston, MA 02108 Peggy Sloan, AICP Franklin Regional Council of Governments 425 Main Street, Suite 20 Greenfield, MA 01301-3313 David OBrien, Commissioner Vermont Department of Public Service 120 State Street, Drawer 20 Montpelier, VT 05602 Amy Ignatius, Executive Director New England Conference of Public Utility Commissioners, Inc.
One Eagle Square, Suite 514 Concord, NH 03301 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Diane Screnci, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Marv Rosenstein Chief, Chemicals Management Branch Office of Ecosystem Protection U.S. Environmental Protection Agency One Congress Street, Suite 1100, Mail Code CPT Boston, MA 02114 Mr. Anthony Honnellio U.S. Environmental Protection Agency Region 1 One Congress Street, Suite 1100, Boston, MA 02114-2023
Yankee (Rowe) Nuclear Power Station cc:
Mr. Jeff Fowley Office of Regional Counsel U.S. Environmental Protection Agency One Congress Street, Suite 1100, Mail Code RAA Boston, MA 02114 Ms. Bonnie Gitlin Radiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Building, Mail Code 66081 1200 Pennsylvania Avenue, NW Washington, DC 20460 Mr. Phillip Newkirk Radiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Building, Mail Code 66081 1200 Pennsylvania Avenue, NW Washington, DC 20460
STAFF EVALUATION Docket Nos.50-029, 72-31 Yankee Atomic Independent Spent Fuel Storage Installation 1.0 Summary By letter dated February 23, 2010, Yankee Atomic Electric Company (YAEC or the licensee) requested exemptions from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214, pursuant to 10 CFR 72.7. In that letter YAEC stated its intent to adopt Certificate of Compliance (CoC) No. 1025, Amendment No. 5 for all 15 NAC-MPC casks at the site. Implementation of Amendment No. 5 of CoC No. 1025 to all 15 NAC-MPC casks will allow a visual alternative to Technical Specification (TS) Surveillance Requirement 3.1.6.1 to verify the operability of the concrete cask heat removal system to maintain safe storage conditions and will also remove a specification in the CoC for tamper indicating devices. CoC No. 1025, Amendment No. 5 was authorized by the Nuclear Regulatory Commission (NRC) on July 24, 2007. An evaluation performed by YAEC verified that all 15 canisters will fully conform to the terms of CoC No. 1025, Amendment No. 5. YAEC also requested continuation of two exemptions from the terms and conditions of amendment No. 5, similar to two previously granted exemptions of Amendment No. 3. These are:
- 1. Appendix A, Section A 5.1, Training Program. Exemption from the requirement to develop training modules under the Systems Approach to Training that include comprehensive instructions for the operations and maintenance of ISFSI, except for the NAC-MPC system. This was approved by the NRC in its letter to YAEC dated June 6, 2006 (Agencywide Document Access and Management System (ADAMS) Accession No. ML061570027).
- 2. Appendix A, Section A 5.4, Radioactive Effluent Control Program. Exemption from the requirement submit an annual report pursuant to 10 CFR 72.44(d)(3) or 10 CFR 50.36a(a)(2). This was approved by the NRC in its letter to YAEC dated June 6, 2006 (Agencywide Document Access and Management System (ADAMS) Accession No. ML061570027).
2.0 Discussion The NRC has reviewed the exemption request submitted by YAEC and has determined that allowing YAEC to apply the changes authorized by Amendment No. 5 of CoC No. 1025 to the casks at the YAEC ISFSI, if approved, would have no significant impact to the environment. In connection with the approval of Amendment No. 5 of CoC 1025, the NRC prepared and published in the Federal Register a Finding of No Significant Impact, based upon an environmental assessment, for the generic use of the changes authorized by Amendment No. 5 (72 FR 26535, 26537, May 10, 2007). The NRC also published a Finding of No Significant Impact, based on an environmental assessment, for allowing YAEC to apply the changes authorized by Amendment No. 5 to all 15 NAC-MPC casks at the site (75 FR 36449, June 25, 2010).
ENCLOSURE
3.0 Conclusion The NRC has evaluated the impact to public safety that would result from granting the proposed action. The approval of the proposed action would not increase the probability or consequences of accidents, no changes would be made to the types of effluents released offsite, and there would be no increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. Additionally the proposed action would not involve any construction or other ground disturbing activities, would not change the footprint of the existing ISFSI, and would have no other significant non-radiological impacts. In this regard, and as the ISFSI is located on previously disturbed land, it is extremely unlikely that approval of the proposed action would create any significant impact on the aquatic or terrestrial habitat in the vicinity of the plant, or to threatened, endangered, or protected species under the Endangered Species Act, or to essential fish habitat covered by the Magnuson-Stevens Act. Similarly, approval of the proposed action is not the type of activity that has the potential to cause effects on historic or cultural properties, assuming such properties are present at the site of the YAEC ISFSI. On this basis, the staff concludes that the proposed exemption does not pose an increased risk to public health and safety.