ML13080A238

Ltr to W. Norton Applicability of the Emergency Preparedness Final Rule to the Maine Yankee Atomic Power Co., Connecticut Yankee Atomic Power Co., and Yankee Atomic Electric Company Independent Spent Fuel Storage Installation

ML13080A238
Person / Time
Site:	Haddam Neck, Yankee Rowe, Maine Yankee
Issue date:	03/19/2013
From:	Michele Sampson NRC/NMSS/SFST/LID/LB
To:	Norton W Maine Yankee Atomic Power Co
Allen W
References
TAC L24661, TAC L24662, TAC L24663
Download: ML13080A238 (7)

Text

March 19, 2013 Mr. Wayne Norton, Chief Executive Officer and President of Yankee Atomic and Connecticut Yankee Chief Nuclear Officer of Maine Yankee 362 Injun Hollow Road East Hampton, CT 06424-3099

SUBJECT:

APPLICABILITY OF THE EMERGENCY PREPAREDNESS FINAL RULE TO THE MAINE YANKEE ATOMIC POWER COMPANY, CONNECTICUT YANKEE ATOMIC POWER COMPANY, AND YANKEE ATOMIC ELECTRIC COMPANY INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. L24661, L24662, AND L24663)

Dear Mr. Norton:

The purpose of this letter is to address the applicability of the U.S. Nuclear Regulatory Commissions (NRCs) emergency preparedness (EP) regulations to certain holders of licenses under Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) and to notify these licensees of additional actions that may be required. The Emergency Preparedness Final Rule (76 FR 72560; November 23, 2011) became effective on December 23, 2011. Several emergency preparedness requirements in 10 CFR Part 50 were modified or added, including changes in Section 50.47, Section 50.54, and Appendix E. Specific implementation dates were provided for each emergency preparedness rule change, varying from the effective date of the final rule through December 31, 2015. 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 an independent spent fuel storage installation (ISFSI) licensed under Subpart K of 10 CFR Part 72 (General License Provision)) may not have recognized the applicability of the EP Final Rule to their facilities. As a result, Part 50 licensees with facilities in a decommissioning or decommissioned status or ISFSI-only facilities may be out of compliance with the current 10 CFR Part 50 emergency preparedness requirements.

Each licensee needs to evaluate the applicability of the current 10 CFR Part 50 emergency preparedness requirements to its specific facility and either make appropriate changes to the facility emergency plan or apply for an exemption, as necessary. Existing exemptions from the emergency preparedness requirements in effect before December 23, 2011, still apply provided the basis for the exemptions would support an exemption from the applicable revised requirements. Consistent with past practices, the NRC will consider allowing a Part 50 licensee in a decommissioning or decommissioned status or that has only an ISFSI licensed under Subpart K of 10 CFR Part 72 to seek an exemption from certain emergency preparedness requirements. Each licensee should also evaluate the need to revise its site emergency plan if such a plan exists in addition to the facility emergency plan.

W. Norton Each licensee must comply with the current 10 CFR Part 50 emergency preparedness requirements or request exemptions from those emergency preparedness requirements that the licensee believes are not applicable to its facility. Exemption requests and, if applicable, license amendment requests should provide the basis for the request. If a licensee determines that an exemption request is appropriate for its facility and one has not already been submitted to the NRC, a licensee should submit a request to Attn: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation.

Please contact John Goshen at (301) 492-3325 with any questions.

Sincerely,

/RA/

Michele Sampson, Acting Chief Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-029, 50-213, 50-309, 72-30, 72-31, 72-39 TAC Nos.: L24661, L24662, AND L24663 cc: Maine Yankee Atomic Power Station Service List Haddam Neck Plant Service List Yankee (Rowe) Nuclear Power Station Service List Northeast Utilities Service List

W. Norton Each licensee must comply with the current 10 CFR Part 50 emergency preparedness requirements or request exemptions from those emergency preparedness requirements that the licensee believes are not applicable to its facility. Exemption requests and, if applicable, license amendment requests should provide the basis for the request. If a licensee determines that an exemption request is appropriate for its facility and one has not already been submitted to the NRC, a licensee should submit a request to Attn: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation.

Please contact John Goshen at (301) 492-3325 with any questions.

Sincerely,

/RA/

Michele Sampson, Acting Chief Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-029, 50-213, 50-309, 72-30, 72-31, 72-39 TAC Nos.: L24661, L24662, AND L24663 cc: Maine Yankee Atomic Power Station Service List Haddam Neck Plant Service List Yankee (Rowe) Nuclear Power Station Service List Northeast Utilities Service List Filename: G:\SFST\Maine Yankee\EP Rule Change Exemption Request\Yankee EP Letter.docx ADAMS P8 Accession No.: ML13080A238 OFC NSIR/DPR NSIR/DPR NSIR/DPR NSIR/DPR NSIR/DPR NSIR/DPR NAME DTailleart MNorris JAnderson RKahler MThaggard RLewis DATE 12/17/12 12/17/12 12/17/12 12/17/12 12/20/12 1/8/13 OFC NRR OGC NMSS/DSFST NMSS/DSFST NMSS/DSFST NAME SHelton BJones WAllen MDeBose MSampson DATE 1/29/13 2/14/13 3/4/13 3/7/13 3/19/13 OFFICIAL RECORD COPY

cc: Northeast Utilities Service List Duncan MacKay, Esquire Deputy General Counsel Northeast Utilities Service Company 107 Seldea Street Berlin, CT 06037 Joseph Fay, Esquire Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 Gerald Garfield Day Pitney, LLP 242 Trumbull Street Hartford, CT 06103 Tim Mathews Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave., NW Washington, D.C. 20004-2541 Neven Rabadjija Associate General Counsel NSTAR 800 Boylston Street, 17th Floor Boston, MA 02199 David A. Repka, Esq.

Winston & Strawn LLP 1700 K Street, N.W.

Washington, DC 20006-3817

Yankee (Rowe) Nuclear Power Station Service List cc:

Mr. Robert Capstick Peggy Sloan, AICP Regulatory Affairs Director Franklin Regional Council of Governments Yankee Atomic Electric Company 425 Main Street, Suite 20 77 Lakewood Rd. Greenfield, MA 01301-3313 Newton, MA 02461 Assistant Attorney General Regional Administrator, Region I Commonwealth of Massachusetts U.S. Nuclear Regulatory Commission 200 Portland Street 475 Allendale Road Boston, MA 02114 King of Prussia, PA 19406 Director Diane Screnci, Region I MA Radiation Control Program U.S. Nuclear Regulatory Commission Schrafft Center, Suite 1M2A 475 Allendale Road 529 Main Street King of Prussia, PA 19406 Charlestown, MA 02129 John Giarrusso Secretary State Liaison Officer Massachusetts Executive Office of Public Division Chief, Planning and Preparedness Safety Massachusetts Emergency Management One Ashburton Place Agency Room 2133 400 Worcester Road Boston, MA 02108 Framingham, MA 01702-5399

Maine Yankee Atomic Power Station Service List 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 Regional Administrator, Region I 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 Decommissioning Branch Chief, Region I 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. Gerald Poulin David Lewis, Esquire Chairman and President Shaw Pittman Maine Yankee Atomic Power Company 2300 North Street, NW 321 Old Ferry Road Washington, DC 20037 Wiscasset, ME 04578-4922 Mr. James Connell Director ISFSI Manager Division of Health Engineering Maine Yankee Atomic Power Company Department of Human Services 321 Old Ferry Road

1. 10 State House Station Wiscasset, ME 04578-4922 Augusta, ME 04333 Yankee (Rowe) Nuclear Power Station Service List

Haddam Neck Plant Service List cc:

Mr. Wayne Norton Mr. Randall L. Speck President and Chief Executive Officer Kaye, Scholer, Fierman, Hayes & Handler, Connecticut Yankee Atomic Power LLP Company The McPherson Building 362 Injun Hollow Road 901 Fifteenth Street, NW Suite 1100 East Hampton, CT 06424-3099 Washington, DC 20005-2327 Assistant Director Brantley Buerger Office of Policy and Management ISFSI Manager Policy Development and Planning Division Connecticut Yankee Atomic Power 450 Capitol Avenue- MS# 52 ERN Company P.O. Box Bo 341441 362 Injun Hollow Road Hartford, CT 06134-1441 East Hampton, CT 06424-3099 Regional Administrator, Region I Mr. Robert Capstick U.S. Nuclear Regulatory Commission Communications Manager 475 Allendale Road Connecticut Yankee Atomic Power King of Prussia, PA 19406 Company 77 Lakewood Road Edward L. Wilds, Jr., PhD. Director Newton, MA 02461 Radiation Division, Bureau of Air Management Connecticut Department of Energy and Mr. Joseph Fay Environmental Protection General Counsel 79 Elm Street Connecticut Yankee Atomic Power Hartford, CT 06106-5127 Company 362 Injun Hollow Road Board of Selectmen East Hampton, CT 06424-3099 Town Office Building Haddam, CT 06438 Ms. Rosemary Bassilakis Citizens Awareness Network 54 Old Turnpike Road Haddam, CT 06438 Ms. Deborah B. Katz President Citizens Awareness Network P.O. Box 83 Shelburne Falls, MA 01370-0083