ML20035B155
| ML20035B155 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 03/29/1993 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Kadak A YANKEE ATOMIC ELECTRIC CO. |
| Shared Package | |
| ML20035B156 | List: |
| References | |
| NUDOCS 9303310252 | |
| Download: ML20035B155 (5) | |
Text
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NUCLEAR REGULATORY COMMISSION
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March 29, 1993 Docket No.50-029
~DF. Andrew'C. Kadak, President and Chief Executive Officer Yankee Atomic Electric Company 580 Main Street Bolton, Massachusetts 01740-1398
Dear Dr. Kadak:
SUBJECT:
ACTIVITIES PRIOR TO DECOMMISSIONING PLAN APPROVAL I have enclosed the staff requirements memorandum (SRM) issued by the Commission on January 14, 1993, in response to a staff briefing on the lessons learned from the Shoreham decommissioning effort.
In the SRM, the Commission gave the staff guidance on the handling of activities prior to approval of the decommissioning plan at permanently shut down power reactors such as the Yankee Nuclear Power Station.
The Commission guidance provided the staff with several criteria.
First, it indicated that the NRC must have removed the acthorization to operate the facility by issuance of a legally binding instrument, such as a Possession Only License or confirmatory shutdown order,10 CFR 50.59 could then be applied on the basis that the facility will not resume operation. Second, licensees should be allowed to undertake any decommissioning activity that does not:
(a) foreclose the release of the site for possible unrestricted use; (b) significantly increase decommissioning costs; (c) cause any significant environmental impact not previously evaluated; or (d) violate the terms of the existing facility license.
Please submit your evaluation of how Yankee will meet items (b) and (c) above so that the NRC can be assured of compliance with the Commission guidance.
Your letters of January 12 and March 5,1993, provide information relating to items (a) and (b) along with other information previously requested.
In addition, please describe the manner in which you intend to implement the 50.59 process in the permanently shut down condition. This should inclu:le the manner in which you plan to treat fire and earthquake hazards. With respect to the above criteria, please describe how your process for change approval will ensure continuing compliance with the above criteria.
The final criterion of the SRM authorizes the NRC staff to permit licensees to use decommissioning funds to pay for permitted decommissioning activities conducted before the NRC approves the decommissioning plan. Your March 5 letter discusses use of these funds and indicates that these early decommissioning activities may be accomplished and the facility restored to a secure condition for storage within the funds available. This letter is j
under staff review.
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March 29, 1993 i
Dr. Andrew C. Kadak The NRC will inform you, in writing, when we have completed our review of your information showing how Yankee meets the above criteria as applicable to the activities you propose.
Although you' are not required to first obtain NRC approval of 10 CFR 50.59 plant modifications, the NRC will periodically review your 10 CFR 50.59 safety analyses. Therefore, please inform the NRC project manager for Yankee whenever you complete a 10 CFR 50.59 safety evaluation for removing components such as steam generators, the pressurizer, reactor vessel internals, or any other similar large component. A projected schedule for characterization and
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removal of large components would also be useful in planning our inspection resources.
Once you have made a decision on what activities you propose to conduct prior to approval of a decommissioning plan and have provided the information requested by this letter, we plan to meet with your staff near the site to discuss these matters. The meeting will be open to public observation.
In conjunction with this technical meeting, the NRC staff will conduct an evening session to receive comments from the public.
Sincerely, Originni signe3 62 l
Tbo::m L Ilarley -
Thomas E. Murley, Director Office of Nuclear Reactor Regulation
Enclosure:
As noted cc w/ enclosure:
See next page DISTRIBUTION:
See next page
- PREVIOUSLY CONCURRED ONDD:LA*
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RR SWeiss BGrimes JPartlow Mu) rey 3/4/93 2/16/93 3/4/93 3/14/93 0FFICIAL RECORD COPY DOCUMENT: A:KADAK3.MF (YANKEE R0WE DISKETTE) l
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i Dr. Andrew C. Kadak !
The NRC will' inform you, in writing, when.we.have completed our review of your
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information showing how Yankee meets the above criteria as applicable to the activities you propose.
j Although you are not required to first obtain NRC approval of-10'CFR 50.59 plant modifications, the NRC will periodically review your 10 CFR 50.59 safety analyses..Therefore, please inform the NRC project manager for Yankee whenever you complete a 10 CFR 50.59 safety evaluation for removing components such as steam generators, the pressurizer,. reactor vessel internals, or any 1
other similar large component. A projected schedule for characterization and removal of large components would also be useful in planning our inspection i
resources.
l Once you have made a decision on what activities you propose'to conduct prior
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to approval of a decommissioning plan and have provided the information requested by this letter, we plan to meet with your staff near the site to discuss these matters. The meeting will be open to public observation.
In conjunction with this technical meeting, the NRC staff will conduct an evening session to receive comments from the public.
Sincerely, j
f Thomas E. Murley, Director Office of Nuclear Reactor Regulation 1
Enclosure:
As noted cc w/ enclosure:
i See next page j
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Ms. Jane M. Grant Yankee Rowe Docket No. 50-29 f
cc:
Dr. Andrew C. Kadak, President Chairman, Franklin County and Chief Executive Office Commission Yankee Atomic Electric Company 425 Main Street 580 Main Street Greenfield, Massachusetts 03101 Bolton, Massachusetts 01740-1398 i
Executive Director Thomas Dignan, Esq.
New England Conference of Public 1
Ropes and Gray Utility Commissioners j
One International Place 45 Memorial-Circle Boston, Massachusetts 02110-2624 Augusta, Maine 04330 I
Mr. N. N. St. Laurent Citizens Awareness Network Plant Superintendent P. O. Box 83 Yankee Atomic Electric Company Shelburne Falls, Massachusetts 01370 Star Route Rowe, Massachusetts 01367 Resident inspector Vermont Yankee Nuclear Power Station Regional Administrator, Region I U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission P. O. Box 176 475 Allendale Road Vernon, Vermont 05354 King of Prussia, Pennsylvania 19406 Robert M. Hallisey, Director I
Radiation Control Program 1
Massachusetts Department of Public Health 305 South Stmet j
Boston, Massachusetts 02130 Commissioner Richard P. Cedano i
Vermont Department of Public Service 120 State Street, 3rd Floor Montpelier, Vermont 05602 Mr. Jay K. Thayer l
Vice President and Manager of Operations Yankee Atomic Electric Company 580 Main Street Bolton, Massachusetts 01740-1398 Mr. David Rodham, Director ATTN: Mr. James B. Muckerheide Massachusetts Civil Defense Agency-400 Worcester Road P. O. Box 1496 i
framingham, Massachusetts 01701-0317
DISTRIBUTION:
DOCUMENT NAME: A:KADAK3.MF (YANKEE R0WE DISKETTE)
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4 IN RESPONSE, PLEASE f
January 14, 1993 REFER TO:
M921124 OFFICE OF THE SECRETARY MEMORANDUM FOR:
William C.
Parler General Counsel James M. Taylor Executive Director for Operations FROM:
Samuel J. Chilk, Secreta
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SUBJECT:
STAFF REQUIREMENTS - BRIS$G BY OGC ON REGULATORY ISSUES AND OP'/ IONS FOR DECOMMISSIONING PROCEEDINGSI(SECY-92-382),
10:00 A.M., TUESDAY, NOVEMBER 24, 1992, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MAllYLAND (OPEN TO PUBLIC ATTENDANCE)
The Commission was briefed by the Office of the General Counsel on the lessons learned from the Shoreham de. commissioning effort and on the issues and options for handling the decommissioning of power reactors.
Based on this Commission briefing, the Commission has concluded that the staff should continue work on updating Regulatory Guide 1.86.
The guidance should address what activities should be permitted prior to approval of a decommissioning plan and address, as well, the availability and use of money from the licensee's decommissioning fund for activities normally associated with decommissioning before approval of the decommissioning plan.
Before any generic decisions on the use of decommissioning funds are made, the staff and OGC should provide an analysis and recommendations to the Commission on permitting licensees to use their decommissioning funds for decommissioning activities prior to approval of the decommissioning plans.
Pending final action by the Commission on SECY-92-382, on a case-b'j-case basis, the staff may implement the following approach wit.h regard to evaluating what activities should be allowed prior to approval of a decommissioning plan:
1.
After permanent shutdown of a facility, 10 CFR 50.59 1
should be applied on the basis of an assumption that the facility will not resume operation, provided that a possession-only-license ( POL), a confirmatory shutdown n 1 i{
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. order, or other legally binding instrument to remove the authorization to operate has been issued by the agency for such facility.
2.
Notwithstanding the Commission's statements in footnote 3 of CLI-90-08 and the. Statements of Consideration for-j the decommissioning rules at 53 Federal Register 24025-26, licensees should be allowed to undertake any decommissioning activity (as the term " decommission" is de: fined in 10 CFR 50.2) that does not -- (a) foreclose the release of the site for possible unrestricted use, (b) significantly increase decommissioning costs, (c) cause any significant environmental impact not previously reviewed, or (d) violate the terms of the licensee's existing license (e.g., OL, POL, OL with confirmatory shutdown order etc.) or 10 CFR 50.59 as applied to the existing license.
3.
The staff may permit licensees to use their decommissioning funds for the decommissioning activities permitted above (as the term " decommission" is defined in 10 CFR 50.2), notwithstanding the fact that their decommissioning plans have not yet been approved by the NRC.
These and the remaining items associated with SECY-92-382 will be addressed by the Commissioners in their vote sheets on the SECY paper and in the subsequent staff requirements memorandAm.
cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque ACNW (via E-Mail)
OIG Office Directors, Regions, ACRS, OP, SDBU/CR, ASLBP (via FAX)
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.nm YANKEEATOMICELECTRIC COMPANY "C"*,TJ'jf*;*p'"
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580 Main Street, Bolton, Massachusetts 017401398 Yauxes a s October 5, 1992 l
BYR 92-098 U.S. Nuclear Regulatory Commission i
Document Control Desk Washington, DC 20555 Attention:
Mr. Seymour Weiss Non-Power Reactors and Decommissioning Project Directorate Division of Operating Reactor Support
References:
(a)
License No. DPR-3 (Docket No.50-029)
(b)
Letter, M.
Fairtile, U.S. Nuclear Regulatory Commission to J. Grant, Yankee Atomic Electric Company, dated August S, 1992
Subject:
EXCLUSION FROM CERTAIN 10 CFR REGULATIONS I
Dear Mr. Weiss:
On August 5, 1992, the Commission amended the Facility Operating License DPR-3 for the Yankee Nuclear Power Station (YNPS) to a.
Possession-Only License (Reference (b)).
The Possession-Only License (POL) allows YNPS to possess special nuclear material used. as reactor fuel, but prohibits YNPS from power operations and movement of reactor fuel into the Vapor Containment.
Based on a review of 10 CFR regulatory requirements, Yankee Atomic Electric Company (YAEC) concludes that certain 10 CFR Sections, as listed below, no longer apply to YNPS.
The requirements of.the listed regulations are premised on power operations.
Since YAEC is no longer authorized to operate YNPS i
or to transfer reactor fuel into the containment building, the regulations listed below no longer apply, unless specifically required by the POL and/or technical specifications.
YAEC is no longer obligated to maintain or develop, as regulatory requirements, the programs and procedures that implement the 10 CFR Sections listed belcw (exceptions are noted by the foctnotes).
1) 10 CFR 50.44, Standards for Combustible Gas Control System in Light-Water-Cooled Power Reactors 2) 10 CFR 50.46, Acceptance Criteria for Emergency Core Cooling Systems for Light Watdr Nuclear Power Reactors 5
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U.S. Nuclear Regulatory Commission Page 2 3) 10 CFR 50.48, Fire Protectilon' 4) 10 CFR 50.49, Environmental Qualification of Electrical Equipment Important to Safety for Nuclear Power Plants 5) 10 CFR-50.55a (g), Inservice Inspection Requirements 6) 10 CFR 50.60, Acceptance Criteria for Fracture Prevention for Light Water Nuclear Power Reactors for Normal Operation 7) 10 CFR 50.61, Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events 8) 10 CFR 50.62, Requirements for Reducing Risk from' Anticipated Transients Without Scram Events 9) 10 CFR 50.63, Loss of All Alternating Current Power 10) 10 CFR 50.65, Requirements for Monitoring the Effectiveness of Maintenance at Nuclear Power Plants t
11) 10 CFR 50.120, Training and Qualification of Nuclear Power Plant Personnel (proposed rule published in Federal Register Volume 57, No. 4, dated January 7, 1992) 12) 10 CFR 50, Appendix G, Fracture Toughness i
Requirements 13) 10 CFR 50, Appendix H, Reactor Vessel Materials Surveillance Program Requirements i
4
' POL Paragraph 2.C. (4) requires that YNPS implement and maintain all provisions of the approved Fire Protection Program as described in the FSAR and as approved by NRC SERs_ dated March 15, 1979, and as supplemented October 1, 1980, and August 27, 1986, except that YNPS can make changes to the approved Fire Protection Program without prior NRC approval only if changes would not adversely affect the ability to maintain the fuel in the Spent Fuel 4
Pit in a safe condition in the event of a fire.
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14) 10 CFR'50, Appendix J, Primary Reactor Containmpnt Leakage Testing for Water-Cooled Power Reactors 15) 10 CFR 50, Appendix K, ECCS Evaluation Models 16) 10 CFR 50, Appendix R, Fire Protection Program for Nuclear Power Fpcilities Operating Prior to January 1, 1979 17) 10 CFR 73.21, Requirempnts for the Protection of Safeguards Information i
18) 10 CFR 171.15, Annual Fees for Reactor Operating Licenses, and Fuel Cycle Licenses and Material Licenses, Including Holders of Certificates of Compliance, Registrations, and Quality Assurance Progr n Approvals and Government Agencies Licensed i
by NR In some cases, such as inservice inspection, YAEC will develop and maintain administrative programs to ensure that activities commensurate with a permanently shutdown and defueled status will l
be implemented.
However, YAEC does not consider such programs as regulatory requirements.
The list of regulations from which YNPS is.now excluded has undergone a legal, licensing, and technical review.
We will continue to evaluate the applicability of the regulations, especially as YNPS transitions from a POL to a decommissioning status.
Should you have any questions or require further Exemption to 10 CFR 53, Appendix J for YNPS was granted on June 15, 1992.
l 3See Footnote 1.
'10 CFR Section 2.790 (d) (1) will apply upon declassification from a safeguards status.
j 5
For Fiscal Year (FY) 1992, 10 CFR Part 171 automatically exempts holders of POLS from payment of annual operating fees.
YAEC expects subsequent rule changes to 10 CFR Part 171 to include the same provision, however, YAEC will review each year's rule -
change for potential impact on YNPS.
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._1_.5 information on the above, please contact Jane Grant or me at 508-T_ f_~j 779-6711.
s Sincerely,
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~.2 YANKEE ATOMIC ELECTRIC COMPANY lp 7.
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. K. Thayer Vice President and Manager of Operations c:
B. Grimes, NRR R. Dudley, NRR M.
Fairtile, NRR USNRC Region I USNRC Resident Inspector (Rowe)
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