ML19320A627

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Directors Decision Under 10CFR2.206 Denying Sf Thomas 800429 Request for Revocation of OL & Institution of Hearings on Plant Decommissioning.Allegation of Unsafe Waste Disposal Being Treated in Proposed Rulemakings 10CFR50,51
ML19320A627
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 06/11/1980
From: Harold Denton
Office of Nuclear Reactor Regulation
To:
Shared Package
ML19320A622 List:
References
DD-80-20, NUDOCS 8007020437
Download: ML19320A627 (3)


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DD-80-20

  • Reg. 61,373 (Oct. 25,1979). The purpose of this proceeding is "to assess generically the degree of assurance now available that radioactive waste can be safely disposed of, to deter-mine when such disposal or off-site storage will be available, and to detemine whether radioactive wastes can be safely stored on-site past the expiration of existing facility li-censes until off-site disposal or storage is available."

Id,. at 61,373.

Suspension or revocation of the Vemont Yankee license pending the outcome of the proceeding on waste disposal is not mandated by law. Cf. State of Minnesota v. NRC, 602 F.2d 412, 418 (D.C. Cir.1979), in which the court did not vacate or stay the Vermont Yankee spent fuel pool expansion amendments pending the Comission's consideration on remand of the waste disposal issue. The Comission stated its policy that during the waste disposal proceeding "the issues being considered in the rulemaking should not be addressed in individual licensing proceedings" and affirmed that "the court in the State of Minnesota case by remanding...

to the Comission but not vacating or revoking the facility licenses involved, has supported the Comission's conclusion that licensing practices need not be altered during this

[ waste disposal) proceeding." 44 Fed. Reg. at 61373.

In view of the Comission's detemination not to alter licensing practices, or indeed operation of reactor facilities, during the conduct of the generic pro-ceeding on the waste disposal issue, I do not find it appropriata to institute proceedings to consider suspension or revocation of the Vermont Yankee license on the basis of the waste disposal issue. No other health or safety issue is raised in Ms. Thomas' letter which would provide a basis for taking such action. Accord-ingly, Ms. Thomas' request to revoke the Yemont Yankee licensea is denied.

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007g30437

D0-80-20 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION OFFICE OF N'JCLEAR REACTOR REGULATION NAROLD R. DENTON, DIRECTOR In the Matter of p

i VERMONT YANKEE NUCLEAR POWER ll Docket No. 50-271 CORPORATION (Vermont Yankee Nuclear Power i

Station) h DIRECTOR'S DECISION UNDER 10 CFR 2.206 In a letter dated April 29, 1980, Sandra Freed Thomas of Greenfield, Massachusetts, requested the Director of Nuclear Reactor Regulation to revoke the operating licente for the Yemont Yankee Nuclear Power Station and to hold public hearings on the decomissioning of the facility. Ms. Thomas believes that the nation "can decrease, over a period of years, our dependence on nuclear power, in favor of safe, reneweble energy...."

Ms. Thomas cites the " failure to have safe disposal of waste" as a particular basis for her requested action. The staff has treated Ms. Thomas' letter pursuant to 10 CFR 2.206 of the Comission's regulations.

Although the Comission does not have responsibility for the selection of energy alternatives as part of the nation's energy strategy, the Comission is responsible for assuring that there is reasoni.ble protection of public health and safety in the use of nuclear energy and materials. Accordingly, the Comission has responsibilities with regard to storage and disposal of nucle.ar waste. The Comission is currently conducting a generic proceeding on the waste disposal issue.

See Notice of Proposed Rulemaking, " Storage and Disposal of Nuclear Waste", 44 Fed.

0D-80-20.

A copy of this decision will be filed with the Secretary for the Comission's review in accordance with 10 CFR 2.206(c). Copies will also be filed in the Comission's Public Document Room at 1717 H Street, N.W., Washington, D.C. 20555, and the local public document room at the Brooks Memorial Library, 224 Main Street, Brattleboro, Vennont 05301. This decision will constitute the final action of the Comission 20 days after the date of issuance, unless the Comission on its own motion institutes review of this decision within that time.

l Harold R. Denton, Director Office of Nuclear Reactor Regulation Dated at Bethesda, Maryland this 11 day of June,1980.

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