ML20058D634
| ML20058D634 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 11/19/1993 |
| From: | Grimes B Office of Nuclear Reactor Regulation |
| To: | YANKEE ATOMIC ELECTRIC CO. |
| Shared Package | |
| ML20058D628 | List: |
| References | |
| NUDOCS 9312030239 | |
| Download: ML20058D634 (3) | |
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I UNITED STATES OF AMERICA i
HQCLEAR REGULATORY COMMISSION 4
In the Matter of
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YANKEE ATOMIC ELECTRIC COMPANY
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Docket No. 50-29
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(Yankee Nuclear Power Station)
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EXEMPTION l
I.
The Yankee Atomic Electric Company (YAEC or the licensee), is the holder of Possession Only License No. DPR-3 which authorizes posscssion and i
maintenance of the Yankee Nuclear Power Station (YNPS or plant). The license provides, among.other things, that the plant is subject to all rules, regulations, and Orders of the Commission now or hereafter in effect.
The facility is a permanently outdown pressurized water reactor, currently in the process of being prepared for decommissioning, and is located.
at the licensee site in Franklin County, Massachusetts.
II.
The licensee, by letter dated February 27, 1992, informed the NRC that YAEC had permanently ceased power operations, removed the fuel from the reactor to the fuel pool and begun to develop detailed plans to decommission i
the facility. The NRC, in a license amendment dated August 5, 1992, modified i
License No. DPR-3 to a Possession Only License (POL). The license is conditioned so that YAEC is not authorized to operate the reactor and fuel may not be placed in the reactor vessel, thus formalizing the licensee commitment to permanently cease power operations.
By letter dated July 28, 1993,.the licensee justified a partial exemption from the requirements of 10 CFR 50.120 related only to the training 9312030239 931119 PDR. ADOCK 05000029 P
4 program establishment, implementation, and maintenance requirements for the
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category of personnel identified as the Shift Technical Advisor (STA). The l
l purpose of the rule is stated as follows:
...each nuclear power plant licensee, by November 22, 1993, shall establish, implement, and maintain a training program derived from t
a systems approach to training as defined in 10 CFR 55.4."
l 111.
The AEC justification for the exemption is that the NRC eliminated the i
STA position in License Amendment No. 141, dated July 22, 1992. The staff eliminated this position when the plant was placed in a permanently defueled status and the STA became unnecessary. This' exemption would relieve the
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licensee from the STA training program requirements of 10 CFR 50.120 which r
would otherwise have to be implemented by November 22, 1993. However, it does t
i not relieve the licensee from training other categories of personnel defined i
in the rule, existing requirements of the POL or other existing commitments to train and qualify facility personnel.
The Commission will not consider granting an exemption unless special 3
circumstances are present. The Commission is granting this exemption on its l
I own motion as permitted by 10 CFR 50.12(a). The special circumstances that we find appropriate are those in 10 CFR 50.12(a)(2)(ii)
" Application of the i
regulation in the particular circumstances would not serve the underlying purpose of the rule..."
The purpose of 10 CFR 50.120 is to ensure that civilian nuclear power plant operating personnel are trained and qualified to l
safely operate and maintain the facility commensurate with the safety status j
of the facility. Since the conditions at this permanently shutdown and j
defuelu ceactor do not require the presence of a shift technical advisor, STA i
training is not required to serve the underlying purpose of the rule.
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The staff concludes, based on Section III above, that sufficient bases exist for our approval of the exemption request.
In addition, the staff finds j
that there is an appropriate special circumstance that satisfies the requirements of 10 CFR 50.12.
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i Based on the above evaluation, the Commission has determined that 1
pursuant to 10 CFR 50.12(a)(1), this exemption is authorized by law, will not f
- , resent an undue risk to the public health and safety and is consistent with the common defense and security.
Accordingly, the Commission hereby grants an exemption to the portions l
t of 10 CFR 50.120 that apply to the establishment, implementation, and l
maintenance of training programs for the category of personnel identified as the Shift Technical Advisor. The exemption will become effective on the l
-implementation date of the rule, November 22, 1993. This exemption does not-relieve the licensee of any other training requirements for other categories of personnel defined in the rule, existing requirements of the POL or other existing commitments to train and qualify facility personnel.
Pursuant to 10 CFR 51.32, the Commission has determined that the granting of this exemption will not have any effect on the quality of the I
human environment (58 FR 61108, dated November 19, 1993).
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This exemption is effective as noted above.
FOR THE NUCLEAR REGULATORY C ISSION l.;
.w rian K. Grimes, Director Division of Operating Reactor Support' L
Office of Nuclear Reactor Regulation Dated at Rockville, Maryland this 19th day of Novemt.er 1993 e
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