ML19309C032
| ML19309C032 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/29/1980 |
| From: | Bradford P NRC COMMISSION (OCM) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19309C026 | List: |
| References | |
| NUDOCS 8004080053 | |
| Download: ML19309C032 (1) | |
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NUCLEAR HLGULATORY cot */,lSSION m,, ulyj)
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p February 29, 1980 Of FICE OF THE C O'.t'.it SSIO N E R 11EMO T0: William J. Dircks Acting Executive Director for Op ns FROM:
Peter A. Bradford
SUBJECT:
DELETION OF NRC WATER QUALITY REQUIREMENTS FROM fMINE YANKEE -
STAFF NOTES OF FEBRUARY 19, 1980 I understand the staff has deleted water quality requirements fran Maine Yankee's Operating License and similar actions on other applications are imminent.
I would like the following questions answered before further deletions are made:
1.
Was Commission or ED0 approval sought for this major policy decision and, if not, why not? (See 12/7/79 memo to Denton from Shapar.)
2.
Is staff treating these deletions as an Operating License amendment?
If not, have EPA and relevant state and local governments nevertheless been notified of the staff's actions and given an opportunity to conment?
3.
What plants will be affected by the staff's proposed actions?
What is the schedule? For each case, are the NRC requirements different from the NPDES requirements?
cc:
Chairman Aheune Commissioner Gilinsky Commissic.ier Kennedy Cornise.ioner Hendrie Samuel J. Chilk Ed Hanrahan Len Bickwit Roc'd Off.
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February 8,1980 Docket No. 50-309 Mr. Robert H. Groce Senior Engineer - Licensing Maine Yankee Atomic Power Company 25 Research Drive Westboro, Massachusetts 01581
Dear Mr. Groce:
On June 27, 1978, you requested an amendment of the Appendix B Non-Radio-logical Environmental Technical ipecifications (ETS) for Maine Yankee Atomic Power Station. You progsed to revise totally the ETS by deleting the biological monitoring progra'.is and by replacing the related limiting conditions for operation (LCO's) relating to aquatic ecology by a reference to the National Pollution Discharge Elimination System (NPDES) pemit. The final five-year report on the monitoring programs was submitted on May 30, 1978 and supports termination of the monitoring programs. Your justification for replacing the LCO's with the NPDES pemit requirements (by reference) is that water quality limits are outside the NRC's jurisdiction and authority.
On January 22, 1979, we completed our review of the monitoring programs and issued an amendment allowing temination of these programs. At that time, we did not act on the remainder of your request which was to delete all the LCO's. We have concluded that the LCO's relating to aquatic ecology should be removed as a natter of law. Therefore, we have amended the ETS for Maine Yankee. Amendmeat No. 47 to Facility Operating License No. DPR-36 is enclosed.
We have concluded that, since this is a ministerial action required as a matter of law, no environmental assesscent need be prepared as a condition precedent to taking the action.
The amendment does not involve significant new safety infonnation of a type not considered by a previous Comission safety review of the facility.
It does not involve a significant increase in the probability or consequences of an accident, does not involve a significant decrease in a safety margin, and therefore, does not involve a significant hazards consideration. We have also concluded that there is reasonable assurance that the health and safety l
of the public will not be endangered by this action.
We are enclosing a proposed revision which would become Appendix B Technical Specifications. This change recognizes reliance on the
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NPDES pemits for specifying cor.ditions for the protection of the T
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Mr. Robert H. Grace aquatic environment, substitutes reporting requirements to assure that NRC remains aware of potential environmental impacts at the facility, and specifies requirements related to unreviewed environmental questions and requirements re'ated to records.
We have concluded that these requirements should be added to your license to allow proper discharge of the NRC NEPA responsibilities.
Accordingly, unless you infom us in writing within 20 days of the date of this letter that you do not agree with this course of action, including your reasons, we plan to initiate steps to issue the enclosed revised ETS.
Sincerely, M
Robert W. Reid, Chief Operating Reactors Branch #4 Division of Operating Reactors
Enclosures:
1.
Amendment No. 47 to DPR-36 2.
Notice 3.
Proposed Revised ETS cc w/ enclosures:
See next page 4
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Yankee Atomic Electric Company cc w/ enclosure (s):
!!rs. L. Patricia Doyle, President E. W. Thurlow, Presiden' SAFE POWER FOR MAINE Maine Yankee Atomic Power Company Post Office Box 774 Edison Drive Camden, Maine 04843 Augusta, Maine 04336 First Selectman of Wiscasset Mr. Donald E. Vandenburgh Municipal Building Vice President - Engineering U. S. Route 1 Yankee Atomic Electric Company Wiscasset, Maine 04578 20 Turnpike Road Westboro, itassachusetts 01581 Director Technical Assessment Division John A. Ritsber, Esquire Office of Radiation Programs Ropes & Gray (AW-459) 225 Franklin Street U. S. Environmental Protection Agency
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Boston, Massachusetts 02110 Crystal Mall #2 Arlington, Virginia 20460 Mr. John fl. R. Paterson Assistant Attorney General U. S. Environmental Protection Agency J
State of flaine Recion 1 Of fice Augusta, Maine 04330 ATTN:
EIS COORDINATOR JFK Federal Building Mr. Nicholas Barth Boston, Massachusetts 02203 Executive Director Sheepscot Valley Conservation Stanley R. Tupper, Esq.
Association, Inc.
Tupper and Bradley P. O. Box 125 102 Townsend Avenue Alan, Maine 04535 Boothbay Harbor, Maine 04538 Wiscassett Public Library Association David Santee Miller, Esq.
High Street 213 Morgan Street, N. W.
Wiscasset, Maine 04578 Washington, D. C.
20001 Mr. Robert R. Radcliffe Of fice of Energy Resources 55 Capitol Street Augusta, Maine 04330 Robert M. Lazo, Esq., Chaiman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comission Washington, D. C.
20555
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Dr. Cadet H. Hand, Jr., Director Scde a l'=riri Laboratory University of California Bodega Bay, California 94923 Mr. Gustave A. Linenberoer State Plann'ina Officer Atomic Safety and Licensing Board Executive Depiirtment U. S. Nuclear Regulatory Comission State of Maine Washington, D. C.
20555 189 State Street I
Augusta, Maine 04330
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%.,,.....f MAINE YANKEE ATOMIC POWER COMPANY DOCKET NO. 50-309 MAINE YANKEE ATOMIC POWER STATION AMENDMENT TO FACILITY OPERATING LICENSE Arrandment No. 47 I!
License No. DPR-36 1.
The Nuclear Regulatory Comission (the Comission) has found that:
A.
The application for amendment by Maine Yankee Atomic Power Company (the licensee) dated June 27, 1978, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Comission's rules and regulations set forth in 10 CFR Chapter I; B.
The facility will operate in confomity with the application, the provisions of the Act, and the rules and regulations of the Comission; C.
There is reasonable assurance (1) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Comission's regulations; D.
The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
The issuance of this amendment is in accordance with 10 CPR Part 51 of the Comission's regulations and all applicable requirements have been satisfied.
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t Accordingly, the license is amended by deleting all pages in the Appendix B 2.
Technical Specifications and revising paragraph 2.8.(6)(b) of Facility Oper-ating License No. DPR-36 to read as follows:
(b) Technical Specifications The Technical Specifications contained in Appendices A and 8, as revised through Amendment No. 47, are hereby incorporated in the license. The licensee shall operate the facility in accordance with the i
Technical Specifications.
3.
This license amendment is effective as of the date of its issuance.
FOR THE NUCLEAR REGULATORY COMMISSI0ft
- Y Robert W. Reid, Chief Operating Reactors Branch f4 Division of Operating Reactors Date of Issuance:
February 8,1980 S
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l APPENDIX B TO FACILITY OPERATING LICENSE NO. DPR-36 MAINE YANKEE ATOMIC POWER STATION MAINE YANKEE ATOMIC POWER COMPANY Docket No. 50-309 ENVIRONMENTAL TECHNICAL SPECIFICATIONS (NON-RADIOLOGICAL)
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-309 MAINE YANKEE ATOMIC POWER COMPANY NOTICE OF ISSUANCE OF~ AMENDMENT'TO FACILITY OPERATING LICENSE The U. S. Nuclear Regulatory Comission (the Comission) has issued Amendment No. 47 to Facility Operating License No. DPR-36, issued to Maine Yankee Atomic Power Company (the licensee), which revised Technical Specifi-cations for operation of the Maine Yankee Atomic Power Station (the facility) located in Lincoln County, Maine. The amendment is effective as of its date of issuance.
The amendment deletes the limiting conditions for operation relating to aquatic ecology set forth in the Appendix B Environmental Technical Specifications.
The application for the amendment complies with the standards and require-
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ments of the Atomic Energy Act of 1954, as amended (the Act), and the Comis-sion's rules and regulations.
The Comission has made appropriate findings as required by the Act and the Comission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment.
Prior public notice of this amendment was not required since the amendment does not involve a significant hazards consideration.
The Comission has detemined that the issuance of this amendment is a ministerial action required as a matter of law and that an environmental impact assessment need not be prepared.
For further details with respect to this action, see (1) the application for amendment dated June 27,1978,(2) Amendment No. 47 to License hc_ Uf n-36, j and (3) the Comission's letter to the' licensee dated February 8,1980.
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, 7590-01 All of these items are available for public inspection at the Comission's Public Doc.nnent Room,1717 H Street, N.W., Washington, D. C., and at the Wiscasset Public Library Association, High Street, Wiscasset, Maine.
A copy of items (2) and (3) may be obtained upon request addressed to the U. S. Nuclear Regulatory Comission, Washington, D. C. 20555, Attention:
- Director, Division of Operating Reactors.
Dated at Bethesda, Maryland this 8th day of February'1980.
FOR THE NUCLEAR REGULATORY COMMISSION Robert W. Reid, Chief Operating Reactors Branch #4 Division of Operating Reactors e
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February 22, 1980
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Docket tio. 50-271 Mr. Robert L. Smith Licensing Engineer Vemont Yankee Nuclear Fowar Corporation 25 Research Drive Westboro, Massachusetts 01581 Nar Mr. Smith:
By letters dated August 16, 1978 and February 23, 1979, you requested an end:ent of the Appendix B Non-Radiological Environmental Technical Becifications (ETS) for Vermont Yankee Nuclear Power Station.
You pro-
- sed to ravise totally the ETS by replacing the license conditions of
.'gendix B with the water quality limits and surveillance requirements hat fall within the jurisdiction of the U. S. Environmental Protection
- g r.cy and the Vermont Agency of Environmental Conservation.
Your just-ification for replacing the limiting conditions for operation (LCO's) and associated monitoring programs with those in the National Pollutant Discharge Elimination System (NPDES) Permit requirements is that water quali y limits are outside the NRC's jurisdiction and authority.
No ar;cmants related to the potential for environmental impact were offered to s.;; ort this request.
Cn July 3,1979, we completed our review of your submittal, concluded that the rajority of the changes requested were justified, and sent you a new, pro; sed upgraded version of the Appendix B ETS for consideration. Our review indicated that with the exception of LCO's for chlorine and river flow, the ETS requirerents were duplicative of those in the NPDES Femit.
This, we felt, was basis enough for eliminating these other conditions from the ETS and incorporating the NPDES limits by reference. We further discussed these matters with your representatives in a meeting on Sep 6-ber 29, 1979. You responded unfavorably to the upgraded Appendix B ETS as proposed and so no action has been taken.
We have now concluded that the LCO's relating to the protection of the aquatic ecology, including those for chlorine and river flow, should be removed as a matter of law. Therefore, we have amended the ETS for b
Verm:nt Yankee. Amendment No.56 to Facility Operating License No.
D}g JPR-28 is enclosed.
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P.r. R:bart L. Smith February 22, 1980
- 'e have conclud:d that, since this is a ministerial action required as a n
cattar of law, no envirenmantal assessment need be prepared as a condition
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- Edent to taking the action.
The a sndment does not involve significant new safety information of a type not c:nsidered by a previous Commission safety review of the facility.
It does not involve a significant increase in the probability or consequences of an accident, does not involve a significant decrease in a safety margin, and therefore, does not involve a significant hazards consideration. We have also concluded that there is reascnable assurance that the health and safety of the public will not be endangered by this action.
We are enclosing a proposed revision which would become Appendix B Technical Specifications. This change recognizes reliance on the NPDES permit for specifying ccnditions for the protection of the aquatic environment, sub-stitutes reporting requirements to assure that NRC remains aware of potential environ. ental impacts at the facility, and specifies requirements related to unrevieoed environmental questions and requirements related to records.
We have concluded that these requirements should be added to your license to allcw proper discharge of the NRC NEPA responsibilities. Accordingly, unless you inform us in writing within 20 days of the date of this letter that you do not agree with this course of action, including your reasons, s plan to initiate steps to issue the enclosed revised ETS.
Sincerely,
__ ler McIis
. Ippolito, Chief Operating Reactors Branch #3 Division of Operating Reactors Encies ures :
1.
A.snd ant No. 56 to CPR-28 2.
Notice 3.
P-:;csed Revised ETS c: elsnclosures:
Sie next page
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Mr. R 2 art L. Smith 8
Yar.kee Ato.r.ic Electric Company I 1
CC:
Ms. J. M. Abbey John R. Stanton, Director Vernont Yankee fiuclear Pcwer Radiation Control Agency Corporation Ha:en Drive I
77 Grove Street Concord,'iew Hampshire 03301 Rutland, Vermont 05701 John W. Stevens j
Mr. Dcnald E. Vandenburgh Censervation Socity of Southern Vice President Vermont Yermont Yankee fiuclear Pcwer P. O. Box 256 Cceporation Tcwnshend, Vermont 05353 Tt.rnpike Road. Route 9 Wastboro, Massachusetts 01581 Dr. Mars Lengley, Director Jchn A. Ritsher, Esquire Occupational & Radological Heam R ;e & Gray 10 Baldwin Street 225 Franklin S'treet Montpelier, VT 05602 E sten. Massachusetts 02110 Richard E. Ayres, Esquire' tiatural Resources Defense Council
' asete Eurt 917 15th Street, N. E.
issistantAttorney.Ganeral Washington, D. C. 20005 m ir:". antal Protection Division
'sttorney Ganeral's Office Hcnorable M. Jerome Diamond j.e'IrburtonPlace,19thFloor Attorney General
- st:n, Massachusetts 02108 John A. Calhoun Assistant Attorney General
. lad E ;1and Coalition en fluclear State of Vemont Follution 109 State Street Hill and Cale Farm Pavilion Office Building West Hill - Faraway Road "entpelier, Vermont 05602 Futnay, Verm:nt 053a6 Anthony Z. Roisman Mr. Raymond H. Puffer fiatural Resources Defense Council Chaie:an 917 15th Street. N. W.
E: erd of Selectman Washington, D. C.
20005 Varn:n, Varront 05354 Mr. J. E. Griffin, President W. F. C:r.way, Plant Su:erintendent Vemont Yankee Nuclear Power
'ir :nt Yar.kee fluclear Pcwer Corporation
,.:r;;ra tion 77 Grove Street
,f.e.O.5:x157 Rutland, Vemont 05701 rn:n, Verm:nt 05354 3r::ks a..: rial Library 224 :'ain Street 3rattlet:ro, Vermen! 05301
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Mr. T. tert L. Sulth I
Yankee Atemic Electric Cc. pany l (Centinuation)
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Mr. Charles Sheketoff Assistant Ofrector i
Vernent Public Interest i
Research Group, Inc.
26 State Street
'1 M:ntpelier, Vermont 05602 Public Service Board State of Vertont 120 State Street Montpelier, Vermont 05602 Director Technical Assessment Division Office of Radiation Fr: grams
( A'a'-45 9 )
US EFA C.ystal Mall *2 Ari f r.;t:n, Virginia 20460 U. S. E.tvir:nrental Protection Agency ris':n I Office ATTN:
EIS COCRDINATOR JFK Federal Euflding L: sten, Massachusetts 02203 4
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VER:C'iT YAtiKEE tiUCLEAR P0"ER CORPORATION DOCKET NO. 50-271 VEPJ40NT YANKEE NUCLEAR P0'AER STATION A..ENDMENT TO FACILITY OPEPATING LICENSE Amendment No. 56 License No. OPR-28 1.
The Nuclear Regulatory Commission (the Cc mission) has found that:
A.
The application for amendment by Vermont Yankee Nuclear Power Corporation (the licensee) dated August 16, 1978, as supple-cented February 23, 1979, complies with the standards and requirenents of the Atomic Energy Act of 1954, as amended (the Act), and the Cor:nission's rules and regulations set forth in 10 CFR Chapter I; B.
The facility will operate in confornity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance (i) that the activities authorized by this amendrent can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Comission's regulations; D.
The issuance of this amen & rent will not be inimical to the com:non defense and security or to the health and safety of the public; and E.
The issuance of this amendr.ent is in accordance with 10 CFR Part 51 of the Cemission's regulations and all applicable requirements have been satisfied.
2.
Accordingly, the license is hereby arended by deleting all pages in the Appendix B Technical Specifications and revising paragraph 3.B.
of the Facility Operating License No. OPR-28 to read as follows:
B.
Technical Scecifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No.56, are hereby incorporated in the licer.se. The licensee shall cperate the facility in ci accordance with the Technical Specifications.
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This license arend:wnt is effective as of the date of its issuance.
FOR THE NUCLEAR REGULATORY C0KiISSION 4
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-dee ThomasM Ippolito, Chief Operating Reactors Branch #3 Division of Operating Reactors l
Date of Issuance: February 22, 1980 i
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UNITED STATES 'UCLEAR REGULATORY C0KilSS10N 50-2Ll_
0 O_0CKET N0m VER!!ONT YANKEE NUCLEAR POWER CORPORATION NOTICE OF ISSUANCE OF Al:E?;Df ENT TO FACILITY OPERATING LICENSE The U. S. Nuclear Regulatory Com:nission (the Coc:nission) has issued Ar.endment No. 56 to Facility Operating License No. DPR-28, issued to Vermont Yankee Nuclear Power Corporation (the licensee), which revised Technical Specifications for operation of the Vermont Yankee Nuclear Power Station (the facility) located near Vernon, Vermont. The amendment is effective as of its date of issuance.
The amendment deletes the limiting conditions for operation and st.rveillance requirements relating to the protection of the aquatic ecology set forth in the Appendix B Environmental Technical Specifications.
The application for the amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Comission's rules and regulations. The Cer:nission has made appropriate fi. dings as required by the Act and the Cer;nission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment. Prior p'.blic notice of this amendment was not required since the amendment does r.o: involve a significant hazards consideration.
The Cor:nission has determined that the issuance of this amendment is a ministerial action required as a matter of law and that an environmental i.;act assessment need not be prepared.
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For further details with respect to this action, see (1) the application for a:2nde. ant dated August 16, 1978, as supple.?snted February 23, 1979, (2) *.and ent No. 56 to License No. DpR-28, and (3) the Comission's letter to the licensee dated February 22, 1980 All of these items are avail-able for public inspection at the Comission's Publi,e Document Room,1717 H Street, NW., Washington, D. C., and at the Brooks Merorial Library, 224 Main Street, Brattleboro, Verr.ont.
A copy of items (2).. ' (3) may be obtained upon request addressed to the U. S. Nuclear Regulatory Comission, '/ashington, D. C. 20555, Attention:
Director, Division of Ocerating Reactors.
Cated at Ee hesda, Maryland this 22nd day of February 1980.
FOR THE NUCLEAR REGULATORY COMMISSION
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Ippolito, Chief Operating Reactors Branch #3 Division of Operating Reactors O
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i APPENDIX B 1
TO FACILITY OPEPATING LICENSE NO. DPR-28 l
VERMONT YANKEE "UCLEAR PCWER STATION i
VER:'ONT YANXEE i;UCLEAR F0WER CORPORATION Occket No. 50-271 l
ENVIRONMENTAL TECHNICAL SPECIFICATIONS (NON-?ADIOLOGICAL)
February 5,1980
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