ML102150520
| ML102150520 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 08/02/2010 |
| From: | Eric Benner NRC/NMSS/SFST |
| To: | Connell J Maine Yankee Atomic Power Co |
| Rich, S NMSS/SFST/LID/LB 492-3218 | |
| References | |
| TAC L24436 | |
| Download: ML102150520 (4) | |
Text
August 2, 2010 Mr. James Connell ISFSI Manager Maine Yankee 321 Old Ferry Road Wiscasset, ME 04578-4922
SUBJECT:
APPLICABILITY OF THE REVISED 10 CFR 73.55 RULE TO THE MAINE YANKEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO.
L24436)
Dear Mr. Connell:
This letter is being sent as a follow on to the U. S. Nuclear Regulatory Commissions (NRCs) July 20, 2010, webinar on the applicability of the power reactor security regulations to 10 CFR Part 50 licensees. The purpose of this letter is to provide clarification on this issue and notify licensees of additional actions that may be required.
The revised Power Reactor Security Rule (74 Federal Register (FR) 13926) became effective on May 26, 2009, with compliance required by March 31, 2010. The requirements in 10 CFR 73.55 are referenced in the protection requirements (10 CFR 72.212(b)(5)) for the general license issued under 10 CFR 72.210. The NRC recognizes that some Part 50 licensees (e.g., a Part 50 licensee with a facility undergoing decommissioning or a Part 50 licensee that has only a general licensed Independent Spent Fuel Storage Installations under 10 CFR 72.210 with no plant or a plant in decommissioned status) may not have recognized the applicability of the revised Power Reactor Security Rule to their facility. As a result, Part 50 licensees with facilities in decommissioning or decommissioned status may be out of compliance with the current 10 CFR 73.55 security requirements.
The NRC believes that there are currently no security or health and safety gaps at these facilities that may not be in compliance with the current 10 CFR 73.55 requirements.
This is because the security programs at these facilities meet the baseline requirements of the previous version of 10 CFR 73.55 and also meet the requirements in subsequent security orders.
For facilities which may not be in compliance with the current 10 CFR 73.55, the NRC will consider, as appropriate on a case-by-case basis, the use of enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy, "Violations Involving Special Circumstances" for a period of time until the exemption process is completed.
The NRC will consider a licensees demonstration of good-faith attempt to interpret and implement the new rule, the licensees prompt corrective actions, and the NRCs recognition of ambiguity regarding the scope of the rule when applying this discretion.
Potential findings that are apparent violations of orders or applicable regulations and not attributable to good-faith interpretation and implementation problems, potential noncompliances that involve willfulness or deliberately uncorrected deficiencies, or potential noncompliances that either were not attributable to good-faith interpretation and
implementation problems or involved willfulness will be dispositioned through the normal enforcement processes.
Licensees need to evaluate the applicability of the current 10 CFR 73.55 to their specific facility and either make appropriate changes to the ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the current 10 CFR 73.55 rule does not obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by Orders. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process. Licensees should also evaluate the need to revise their Physical Security Plan.
The NRC requests that licensees comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010 webinar and this letter. Please contact John Goshen at 301-492-3325 with questions.
Sincerely,
/RA/
Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 cc: Service List
obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by Orders. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process.
Licensees should also evaluate the need to revise their Physical Security Plan.
The NRC requests that licensees comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010 webinar and this letter. Please contact John Goshen at 301-492-3325 with questions.
Sincerely,
/RA/
Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 cc: Service List Distribution: Judith.joustra@nrc.gov TAC No. L24436 ADAMS: ML File location: G:\SFST\Maine Yankee \10CFR7355 letter-MY.docx SFST SFST SFST SFST OFC SRich DDamiano JGoshen EBenner NAME 07/30/2010 07/30/2010 08/02/2010 08/02/2010 DATE OFFICIAL RECORD COPY
cc:
Senator Charles Pray Mr. Patrick J. Dostie State Nuclear Safety Advisor State of Maine Nuclear Safety Inspector State Planning Office Department of Health and Human Services State House Station #38 Maine Public Health Augusta, ME 04333 Division of Environmental Health 286 Water St., Key Plaza - 8th Floor First Selectman of Wiscasset State House Station 11 Municipal Building Augusta, ME 04333 U.S. Route 1 Wiscasset, ME 04578 Mr. Jay Hyland State of Maine Friends of the Coast 286 Water St., Key Plaza - 8th Floor P.O. Box 98 State House Station 11 Edgecomb, ME 04556 Augusta, ME 04333 Mr. Jonathan M. Block Mr. Mark Roberts Attorney at Law U.S. Nuclear Regulatory Commission P.O. Box 566 475 Allendale Road Putney, VT 05346-0566 King of Prussia, PA 19406 Joseph Fay, Esquire Regional Administrator, Region 1 Maine Yankee Atomic Power Company U.S. Nuclear Regulatory Commission 321 Old Ferry Road 475 Allendale Road Wiscasset, ME 04578-4922 King of Prussia, PA 19406 Mr. Wayne Norton, Vice President Decommissioning Branch Chief, Region 1 and Chief Nuclear Officer U.S. Nuclear Regulatory Commission Maine Yankee Atomic Power Company 475 Allendale Road 321 Old Ferry Road King of Prussia, PA 19406 Wiscasset, ME 04578-4922 David Lewis, Esquire Mr. Gerald Poulin, Chairman Shaw Pittman and President 2300 North Street, NW Maine Yankee Atomic Power Company Washington, DC 20037 321 Old Ferry Road Wiscasset, ME 04578-4922 W. Clough Toppan, P.E., Director Division of Health Engineering Department of Human Services
- 10 State House Station Augusta, ME 04333