ML20041D029
| ML20041D029 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Haddam Neck, 05000000 |
| Issue date: | 02/03/1982 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Counsil W, Counsil W CONNECTICUT YANKEE ATOMIC POWER CO., NORTHEAST NUCLEAR ENERGY CO. |
| References | |
| LSO5-82-02-028, LSO5-82-2-28, TAC-48281, NUDOCS 8203040077 | |
| Download: ML20041D029 (6) | |
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4 UNITED STATES e
i NUCLEAR REGULATORY COMMISSION h
N WASHINGTON, D. C. 20555 k..... j February 3,1982 Docket Nos. 50-213/245/335 LS05-82-02-028 W
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(g CifCSVED Mr. W. G. Counsil Vice President 3
Nuclear Engineering and Operations FE3 3 gg Connecticut Yankee Atomic Power Company m urnumyppu 6x t 4
& Northeast Nuclear Energy Company j
Post Office Box 270 k
Hartford, Connecticut 06101
Dear Mr. Counsil:
This is in response to your October 20, 1981 Ntter commenting on the proposed rule change to change the deadline for implementation of a prompt notification system and your Janu:ry 18, 1982 letter requesting that the deadline for implementation of your prompt notification system be extended from February 1,1982 to August 1,1982.
The Commission appreciates your comments. The information you provided us, along with other comments received, was taken into consideration in the Commission's decision for the issuance of the final rule.
As 'to your request for extension, when the Commission chose the February 1, 1982 deadline', they were aware that some licensees were estimating that they might not be able to complete installation of their systems by that date.
Even with this knowledge, the Commission decided that the February 1, 1982 date was reasonable, and that all licensees should'have been able to meet this deadline by having applied sufficient resou ces to'the task without delay. This is particularly true since the licensees have known of the requirement since August 19, 1980, when the final rule changing 10 CFR 50 Appendix E was published in the Fede~ral Register (45 FR 54402).
In view of the above, and the requirements of the final rule on the prompt public notification system, your request is denied.
However, in the course of the decision to delay the implementation date to February 1,1982, the Commission was aware that a licensees' inability to meet the July 1,1981 date could be attributed to causes beyond his control.
The Commission will take into consideration any mitigating circumstances in determining the degree of enforcement action.
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Hr. W. G. Counsil February 3,1982 In this regard, your attention is directed to Paragraph 3 of Part II of the Supplementary Information Section of the Final Rule published in the Federal Register on December 30,1981 (FR Vol. 46, No. 250, Pages 63031 - 63033 copyattached).
Sincerely.
Original signed by Darrell G. Elconhut Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation
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I Mr. W. G. Counsil February 3,1982 cc William H. Cuddy, Esquire State of Connecticut Day, Berry & Howard Office of Policy Management Counselors at Law ATN: Under Secretary Energy One Constitution Plaza Division Hartford, Connecticut 06103 80 Washington Street Hartford, Connecticut 06115 Board of Selectmen Town Hall Resident Inspector Haddam, Connecticut 06103 Haddam Neck Nuclear Power Station c/o U. S. NRC Northeast Nuclear Energy Company East Haddam Post Office ATTN: Superintendent East Haddam, Connecticut 06423 l
Millstone Plant P. O. Box 128 U. S. Environmental Protection Waterford, Connecticut 06385 Agency Region I Office Natural Resources Defense Council ATTN: Regional Radiation Representative 917 15th Street, N. W.
JFK Federal Building Washington, D. C.
20005 Boston, Massachusetts 02203 Resident. Inspector c/o U. S. NRC Superintendent P. - 0. Box Orawer KK Haddam Neck Plant Niantic, Connecticut 06357 RF0 #1 Post Office Box 127E Waterford Public Library East Hampton, Connecticut 06424 Rope Ferry Road, Route 156 Waterford, Connect
- cut 06385 Ronald C. Haynes, Regional Administrator Nuclear Regulatory Commission, Region I First Selectman of the Town Office of Inspection and Enforcement of Waterford 631 Park Avenue i
Hall of Records King of Prussia, Pennsylvania 19406 l
200 Boston Post Road Waterford, Connecticut 06385 John F. Opeka Systems. Superintendent Northeast Utilities Service Company P. O. Box 270 Hartford, Connecticut 06101 Mr. Richard T. Laudenat Manager, Generation Facilities Licensing Northeast Utilities Service Company P. O. Box 270 Hartford, Connecticut 06101
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'RQles and Regulations Vol. 4a. No. 250 i
Wednesday. December 30. 1981 TNs section of the FEDERAL REGISTER On August 11.1981, the Comtnission This decisionis based on a i
contams regulatory documenta having discussed possible actions because recognition that emergency plans and general s;pticabi!q and legal effect, most licensees failed to comply with the July preparedness have significantly l
1.1981 requ rement contained in 10 CFR improved within thelast year at and around every nuclear power plant site.
e e
Fe e al Re at s which is 50.47(b)[5] and 10 CFR 50. Appendix E.
This significant improvement has been pushshed under 50 ttlea pursuant to a4 Section IV.D.3.The licensees' failure to
)
U.S.C. 15 t 0.
meet the July 1.1981 date was attributed confirmed by NRC teams who.have The Code of Federal Regulations is sold to tmforeseen difIlculties and visited a number of plant sites to by the Superintendent of Documents.
uncertainties surrounding the design.
evaluate the licensees
- compliance with Pnces of new books are listed in the fkst FEDERAt. REGISTER issue of each procurement and installation of the the upgraded emergency planning regulations of August 1930.In additic.n.
prompt notification systems.
the FederalEmergency Management At the August 11.1981 meeting, the Commission approved publication of a Agency (FEMA) and the NRC have monitored numerous nuclear emergency NUCLEAR REGULATORY proposed rule change which would exercises involving State andlocal COMMISSION provide an extension of the July 1.1981 governments and thelicensees, and date to Febmary 1.1982. (See 46 FR -
again have witnessed a significant r 10 CFR Part 50 46587). That Federal Register notice Improvement on casite and offsite requested public comment dtidng a 30 emergency preparedness, Emergency Planning and day period ending October 21.1981.
ne decision to delay the dness or Production and To date. comments have been implementation data is also based on ht received from four MRC licensees, five the recognition that there exist individuals or organizations in the customary warning systems (police.
AGENCT. Nuclear Regulatory nuclear industry. one from the general.
radio, telephone) which are viewed as Commission.
Public, threg from environmental sufficiently effective in many postulated l
Action: Final rule.
organizations, one from a mass trans!
accident scenarios.In view of the above, suuuany:The Commission is making
" system director, and one from a State the Commission finds that there exists two changes to its emergency planning governor.The comments received from sufficient reason to believe that regulations. The change to 10 CFR Part the generalpublic and from the appropriaite' protective measures can
- 50. Appendix E delays the date by which environmental organizations were and will be taken for the protection of prompt public netification systems must against delaying the i=plementation the health and safety of the public in t!.e date to February 1982. The ! citers frem event of a radielegical emergency du.:.;
be cperational around all duelear power the other ccamenters generally a;ree a the extended timeperiod for plants.The change to i 50.54 c!ari'les with extending the implementation date the language of the rule to conform with
. compliance, the Commission's intent at thq time of along with additional suggestions.
promulgation.
One suggested modification to the II.The Amendment to 1o CFR 50.54 Errcevivt c Art: December 30.1981.
proposed rule change, which has been nd.enaHy.10 50.54sX2h accepted and included in these final cune y requires t.
FOR FURTHER INFORMATION CONTAC".
amendments.is not to eliminate the Michael T. Jamgochian. Human Factors f ur-month period for correction of any "For operating power reactors, the licensee.
Branch. Office of Nuclear Regulatory defic encies identified during the Initial State, and local emergency response plane Research. U.S. Nuclear Regulatory testmg of the prompt notification sha!! be implemented by AprG 1. 29s1. except :
Commission. Washington. D.C. 20555 system.The Commission now believes as provided in Section IV.D.3 of Appendix E (telephone 301443-5942)"
that the elimination of this four. month 6f this part. If after April 1.1981, the NRC finds that the state of emergency SUPPLEMENTARY INFORM ATION:
period would be inconsistent with the preparedness does not provide reasonable need toperform a reasonable test of the assurance that adequate protective measures I.The Amendment to 10 CFR Part 50, system and make any needed changes can and will be taken in the event of a Appendix E as indicated by the test results.The.
radiolosical emergency and if the deficienc On August 19.1980, the NRC enclosed effective regulation are not corrected within four months of that i
published a revised emergency planning incorporates this concept.ne finding, the Commission will determine regulation which became effective on installation date, however remains whether the reactor shall be shut down until November 3.1960.The rule required February 1.1982, and any licensee not.
such deficiencies' art remedied or whether ;
licensees to demonstrate, among other completing the installation by th.;t date other enforcement action is appropriate?
things, by July 1.1981:
would be subject to. enforcement action.
"that administrative and physical means After evaluating all public comment It has come to the Commission's j
have been established for alerting and letters received the Commission has attention that because this section of th providing prompt instructions to the public decided to publish, as immediately regulation was written as one 5e a o iect5e sNa$1I[to ha
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effective, a final rule change to 10 CFR paragraph it can be interpreted to mead part 50. Appendix 5which will delay the that the four. month period for the e
capaisitity to essentially complete the initial implementation'dat'e for the prompt correction of emergency preparedness notification of the public within the. plume public notificatio 1 systems from july 1.
deficiencies does not apply to "Section exposure pathway EPZ withirt about 25 1981 to February 1.1982.
IV.D.3 of Appendix E."
minutes?
e
- 30. 1981 / btu cs as m ;.rir Fede'r:1 E."...ter / Vcl.'46, No. 250 / Wed.cidth. Decern'oer j
m 62032
)
m D.Nor$: ticaProcedures f
Reauf tt:ry Mexibility Act Statement Th.is is a misinterpretatica cf the Pursuant to the Regulatory Flexibility
- 3. A Ucemee shit!have the capability to Commission s intent.which was that the Act of 1960. Pub. L 95-354. the NRC has"* #F "'?""I*E'""
DI' 8'' '"dI I four.conth period is to apply to any determined:(1)That the delaying of the 8"*"*"
- I""'"
deSciencies identified in the emergency
^"
plans.The Commission is therefore im le=entation date for the rom t rate [at S
o
-ill not have e
mod!fying i 50.54(s)(2) to more clearly pu !!cnotification systems ofiicials have the capahitity to make a pub!!c a si nificant economicimpact ett a notificatien decisten prempdy on being re!!ect that intent.The four. month,llnot 5
period provided in i 30.54(s)(2), wa substantial number of small entities, Infor=ed by the licensee of an emerge =y apply to any licensee for the installation pursuant to the Regulatory Flexibility condtion. By February 1.1922. ea ch nucle ar and initial test of the public notificat2ca Act of t9SO. section 635(b} and (2) that power nactorIIcensee sha!! dememtrate C st system by February 1.1982. If a licensee the rule change to i 50.54(s)(2) is not ads.istrative and physical means have M is not in co=pliance with this sdbject to the provisicas of the utMshed for alerung and pmMng pic Regulatory Flexibility Act ofi980, N,*
'N*dN='of.['
requirement for installation and testing
,because the Commission has deter =!ned period in to CR 50.M y
by February 1.1982, the Commission pursuant in 5 U.S.C. 553 that a notice of of e=ergency plan delicien:ies shad not will consider taking appropriate snforcement actions promptly at that proposed rule =aking for { 50.54 (s)(:)
apply to the initalinstallation of th s pubt:
time. In determ.!n.ng appropriate need not be issued and that the rule may noGcation system that is required by enforcement action to initiate, the be promulgatedin final form and February 1.198:. The four-month period wi!!
Co= mission will take into account.'
became effective on December 30.1981. cyply to correctian of deficiencies identsfied cmong other factors. the demonstrated PaperworkReducti.on Act Statement during theinitialinstallation and testing of the promptpublic a,otification erstems as diligence of the licensee in attempting to Pursuant to the prodstons of the welias ene depoencies 6 scow fulfill the prompt public notification Paperwork Reduction Act of 1980 (Pub, enof:en e dulgn oMeche of 6e pmc capability requirement.The Commission L 95-511), the NRC has made a will consider whether the licensee has determination that this final rule does h",
p",3 ty to esse:
co..p ete kept the NRCInformed of the steps that not impose new recordkeeping, initial noti 5 cation of the public wi$1s the it has taken. wnen those steps were information coUection, or reporting plume exposure pathway EFZ wt.hin about taken and any significant problems 15 minutes.The use of dis coGeation which the licensee expects will be met Pursuant to the Atomic Energy Act of. capability will range frem != m encountered, and the updated timetable requirements.
nascation of the public (within 15 :.!nutes 1954, as amended, the Energy of the time that State and local oscials ar in achieving full compliance with the prompt public notification capabilit7 Reorgani:ation Act ofis74, as amended, notified that a simation exists requiri::g requirements.The four. month period and section 553 of title 5 of the United
"#E'"I "*N"I I* O' **"
Y * *"
will, however, apply to correction of States Code, the following amendments
[,*s"t,,73,$'g**.
'j,$'['N 0
deficiencies identified during the initial to 10 CFR Part 50 are published as test of the prompt pubhc notification documents subject to codificatiom make a judgment whether er not to activate the publie notificatie: system. Where there ts systems as well as those defic:encies PART 50-DOMEST101.lCENSING OF a de:ision to actiure the =escati:o systen, discovered thereafter.
PRODUCTION AND UTi!.!ZATION the State and I::ai cf*:f a!s nili deter =mc wheder to acuvate the entre ncGesuen Se:::se Se amcedment to FACILITIES
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5 50.54(s)(:)is interpretative and of a minor nature, simply resolving *an The authority citation for Part 50 staged manner.De responsibility for acuvating such a public notification system ambiguity in the rule, to the re8d5 88 I W8" shan nmain wie de approprtste Ccmmissien s intended me'aning at the Aus rity Secs. :ca, m. ist. se:. tas, sa 8"*****""
c.e of prcmu!gation, the Cc=missica Sl't S* SU
- 853 5M 833 SE 8' r.
finds good cause to disFense with amended 14:U.S c n 23.::s4. = =. n advance notice and opportunity for 233. r:9h seesa31. a-m Es Stat.2 n3.
- 2. I 50.54(s)(2)is tevised to read as 1244.1:45 (42 U.St 5841,5542,5846). unless I IIC"5:
public comoen! thereon as unnecessary.
For this reason this change shaU be cecrwise noted. Sechen so.7s also issued under sec. =. Sa Stat.S33 (c U.S C ns:1
!50.54 Conditions oflicenses.
effeclive as a final rule on December 30.
Section 50. 7,5-50.81 also issued under sec.
19St.
284 fd Sl 854 ** ***8d'd (' U S E 2383' 1.ikewise the Commission is Sections 50.200-50.2c:isaded under sec.188.
(s) * * *
[:)(i) For operating power reacters, e publishing the final amendments to 10
),'e' M *Sfafs N sam ded$ pas licensee. State, and loca1, emergency N
CFR Part 50. Appendix E (extending the U.Sn =73). g so 43rt) j, sued under sec. sit, response plans shall be implemented by implementation date for the installation 68 Stat.949 (42 U.S.C. 001ti]h (150.70. 50.71. April 1.1981, except as provided in of a prompt public notification system) and 50.78 issued under sec.161o. 08 Stat. 950.Section IV.D.3 of Appendix E to this as effective immediately upon as amended (42 U.Sc =ct(oll. and the f qa publication pursuant to 5 U.S.C.
referred to in Appendices.
- part, (ii)If after Aprill.1981,the NRC fin SS3(d][1]. since the rule is expected to - Appendix E IArnended]
- S' #Y E"E*#'
relieve the obligation of certain does not provide reasonable assurance,
licensees with respect to the present
- 1.Section IV.D.3 o.f Appendix E to july 1.1981 desdline for operational Part 50 is revised to read as follows:
that adequate protective measures can j and will be taken in the event of a public notiScation systems. In that regard, the Cc:. mission notes that the Appendix E--uner:ency Planning and radiolopcal emc gency (includeg
' final rule. when effective. will be Prepuedness for Production and Utilization lindings based on requirements of APPendixE Sectlan IV.D.3)and racilities.
applied to ongoing licensing proceedings now pending and to issues or contentions therein. Union of Concerned mye Wehed in the rederalResister en
.n, g,non5,, W M neoneredn September n.1 sat.
Scientists v. AEC. 409 F. 2d 1009 (D.C.
test shomns chanses fran the pro;med rde Cir.19741
li d Regulations c20.u
.Fyd:ral lic;ister / Vol. 46. Nc. 250 / Wednesday.'Decembc: p. icst / Ru s an
[
{
i=.-
I
'...ddiciencies (including deficiend'es app!!:s is the appUcation.
Dated et Bethesda. Maryland, th!:11th day j
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based on irquirements otAppendix E.
recordkeeping, and reporting af December.2 sat For the Nuclear Regulatory Commission.
Section IV.D.31 are not corrected within requirements containedin NRC four months of that finding.the regulations.
wilitamJ.Dircks..
Commission will determine whether the On October 30.1981. the NRC reecy:Irevinctorforoperosions, reactor shall be shut down untilsuch obtained OMB reapprovalfor the p.x ow.n. =o rr.d m us.4 deficiencies are remedied or whether information coUection requirements sumo coot rasw a other enforcement action 1s appropriata.
containedin to CFR Part 50.This
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In determining whether a shutdown or amendment adds a new i 50.8 to Part 50 other enforcement action is appropriate.
setting out the OhG approvalnumber.
DEPARTMENT OF ENERGY the Cc=mtssion shan take into account.
the expiration date of the current approval, and a list of sections within 10 CFR Part 503 ame=g other factors, whether the Part 50 that contain an approved IDocket No. ERA-R-81-06) licensee can demonstrate to the Commission's satisfaction that the information coUection requirement. This deficicocles in the plan are act amendment also removes the note
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Powerplant and Industrial Fuel Use Act significant for the plant in question, or concerning the expired GAO clearance of 19% FhalRules that adequateInterim compensating that follows ! 50.110.
actions have been or willbe taken Because this is a consubstantive -
Correction amendment dealing with a minor In FR Doc.st-s477D appearing on promptly, or that that there are other proceduralmatter good cause exists for page 59872in theissue of Monday.
compelling reasons forcontinued
, finding that the notice and comment
- December 7.1981. make the following operation.
procedures of the Administrative corrections:
2rd day of. Procedure Act (5 MC.553) are (1)1n i 503h(c)(2), the foUowing lineis-unnecessary and for making the were inadvertently omitted above the Dated at Washington.D.C. this :
December.1981..
equation on page 59906: '
For the Nuclear Regulatory Cc'mmission.
Un to EQ4 DELTA = COST Samuel 1. Chilk.
as amended, the Energy ReorgaM-stion (ALTERNATE)-COST [ OIL)where Secntaryof the Commission.
Act of1974, as amended, and 5 U.S.C. -. COST [ ALTERNATE) and COS ja ow.n.mn res-a ass al 552 and 553. the fcIlowing amendmenis are determinedby:
to 10 CFR Part 50 are published as a (2)In i 503.36(a), paragraph (5) was sumo come tsoo-es.u document subject to codification.The incorrectly designated as (b); therefore.
authority citation for this documentis:
on page 59914. first column. In the 30th 10 CFR Part 50 Reporting, Recordkeeping, and PART 50-DOMESTIC LICENSING OF' line *(b) For powerplants..." should App!! cation Requirements; Approval PRODUCTION AND UTILIZATION
'have read "(5) For powerplants...".
eumo cooc isos es.=
FACILITIES AGENCY: Nudear RegulatCry.
Autheri*y: Sec. tet. Pub. I. R-rc3. 68 Stat.
Commission.
MS (C U.S.C.
.:n)
FECERAL HOME LCAN B ANK SOARD Ac 10m Fi.nal rule.
- 1. Section 50.8 is added to read as
[2 CFR Parts 522 and 545 SUMM ARY: ne Nuclear Regulatory f Hows:
Commission is amending its regulations INo.Bf 1001 on the dc=estic licensing of productica f 50.8 R eport!ng, recordkeeping, and cnd utili:aticn facilities to indicate appnest!on requirements: oms apprevat.
Payment of Uttgati:n Expenses of Office of Manzsc=cnt and Budget (a) the Nuclear Regdatory Federal Home Locn Sank Officers, approval of the information collection Commission has sub=itted the Directors, and Employees
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requirements contamedin the information collection requirements Dated: Dece=ber 7. issi.
regulations. This action is required bY contained in this part of the Office of the Paperwork Reduction Act of1980.
Manage =ent and Budget (OhG) for AcENcy:FederalHome Loan Bank EFFECTIVE D ATC December 30.1981.
approval asiequired by the Paperwork Board.
Reduction Act (Pub.I.95-511).OMB 3enog. pg3,g 3.g,
FOR FURTHER INFORMATION CCNTACU approved the information conection The Federal Home Loan Ban) b io u f require =ents n October 30,1981.
SUMMARY
- 3C (1)The OhG approvalnumberis
' Board is amending the Regulations for.
,E, tB theEederalHome Loan Bank System to TechnicalInformation and Document 31M1.
fd stration.
(2) OMB approval expires April 30 liberalize the ter=s on which the Banks n
may pay expenses of officers, directors.
198-.
SUPP1 EMENTARY INFORM ATION:The
- (b)The approved information and employees involved in litigation Paperwork Reduction Act of1900 (Pub.
collection req.iirements include the arising out of their Bank duties.De L 96-511: 44 U.S.C. Chapter 35) application.recordkeeping and amendment will allow the FederalHoa transferred the responsibility for reporting requirements contained in Loan Banks to establish their own approving the information ecllection i i 50.30. 50.33. 50.33a. 50.34(b). (c). (d).
policies regarding litigation expenses. i requirements imposed by the Nuclear (f). 50.34 a. 50.35(b). 50.38. 50.3Sa, 50.48.
EFFEcTTvE D ATc December 17.1931.
Regulatcry Commission (NRC) on the 50.54(f). (p) (q). (r). (s), (t). (u) 50.55(e).
,,, py,7gg,,y,g,,,7,og eog7,g;;
public from the Ccncral Aecountmg 50.55a. 50.59(b). (c). 50.71(a). (b). (c) (d).
James C. Stewart ((2 2).,,. s57). Ogg a
Office (CAO) to the Omce of-(e). 50.7:(a). (b). 50.80. 50.82. 50.90, and Ccn L
1 Managcc.ent and Budget (OMB).The Appendices A. B. C. I[, C. H. J. K. and R.
]B S e a i n col et on re uircment be i 50.m [i.me.sded]
Washingten. D.C. 20557.
- 2. The note fol>iwing i 50.110 is SUPPt.EMENTARY INFORM ATtoN:De n
l reapproved by OMB as existing CAO Federal Home loan Bank Board is j
clearances expire.This requirement removed.
.