ML20129D077

Responds to 960810 & 14 Ltrs Re Questions Re Regulatory Basis for 960103 NRC Order to Maine Yankee Permitting Operation of Plant at 90% Power.Order Legally Sufficient

ML20129D077
Person / Time
Site:	Maine Yankee
Issue date:	10/18/1996
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Myers H AFFILIATION NOT ASSIGNED
Shared Package
ML20129D083	List: ML20129D077 ML20129D105 ML20129D117
References
NUDOCS 9610240192
Download: ML20129D077 (5)

Text

- . - . - - - . - . - - . _ . . . - - - _ _ - - - - - _- . - - . . - -

5D004 l

j- -[

3e

?'.

UNITED STATES NUCLEAR REGULATORY COMMISSION j

i

~

5 0 WASHINGTON. D.C. 20555-0001 Distribution: J E JTaylor i!

k. # October 18, 1996 JMilhoan

..,,, HThompson cmN ra lia, NRR i DDorman, NRR j KCyr, 0GC HMiller, RI l

i Mr. Henry Myers GT96627

P. O. Box 88 ED0 r/f

. Peaks Island, Maine 04108 i

Dear Mr. Myers:

i I am responding to your letters of August 10 and August 14, 1996, in which you j '

questioned the regulatory. basis for the January 3, 1996 NRC Order to Maine Yankee permitting operation of the plant at 90% power. The Commission recognizes that you and other citizens of Maine are concerned about interim j operation of the plant pending the completion 'of licensee actions that would i bring the plant into conformance with regulatory guidance relevant to j applicable NRC regulations for operation above 2440 MWt. However, before issuing the Order, the Director of NRC's Office of Nuclear Reactor Regulation

(NRR) explained to me the basis for the proposed action. I was satisfied that j the proposed action was sound and that it provided the necessary assurance that operation of Maine Yankee at the reduced power level was consistent with public health and safety. The Commission supports the action of the Director i of NRR in issuing the Order in accordance with his general delegated authority

to issue orders to power reactor licensees in order to protect public health i and safety under the provisions of 10 CFR Parts 2 and 50, including the l authority specified in 10 CFR 50.46(a)(2). There has been no information that j would cause the Commission to reconsider that action.

j As you know, the NRC staff received allegations in December 1995 regarding the ,

! inadequacy of the small-break loss-of-coolant accident (SBLOCA) analysis and I i containment analysis for Maine Yankee. The Director of the Office of Nuclear  !

! Reactor Regulation issued the " Confirmatory Order Suspending Authority for and i

{

Limfting Power Operation and Containment Pressure (Effective Immediately) and

! Demand for Information" (Order) on January 3, 1996, on the basis of technical l information collected during the NRC staff's. evaluation of the allegations.

The Order was issued for the explicit purpose of ensuring safe operation of Maine Yankee pending completion of the staff's evaluation of the Maine Yankee i emergency core cooling systems and containment design. The Order recited as a

! basis for those restrictions that the Maine Yankee Atomic Power Company (the i licensee) had not. applied computer code RELAP5YA, as it had proposed for. Cycle

15 SBLOCA analyses, in conformance with the requirements of 10 CFR 50.46, and j did not satisfy TMI Action P1an Items II.K.3.30 and II.K.3.31. As explained i in letters to you dated June 18, July 9, and August 9,1996, the Order did not

" waive" TMI Action ' Plan Items II.K.3.30 and II.K.3.31. To the contrary, the i

j Order required the submission of a SBLOCA analysis that, if submitted and

! accepted, would bring the licensee into conformance with the regulatory

guidance of TMI Action Plan Items-.II.K.3.30 and II.K.3.31 and into compliance j j -with the requirements of 10 CFR 50.46(a)(1) for operation above 2440 MWt.

9610240192 961018 I

- PDR COMMS NRCC CORRESPONDENCE PDR .

'[0riginated By:

RC D. Dorman NRR] E CENTER COPY

c e, .

2 Additionally, as explained in letters to you dated June 18, and July 9, 1996, the specific regulation that authorizes the restrictions imposed on the operation of Maine Yankee by the Order is 10 CFR 50.46(a)(2). Although not specifically referenced by the Order, that specific authority is included within the Commission's general authority cited in the Order, which was explicitly issued under the authority of Sections 103, 161b, 1611, 1610, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Part 50. (See Order,Section VII.) In your letter of August 14, 1996, you state that you "do not dispute that 10 CFR 50.46(a)(2) authorizes the NRC to impose the limitation on the power level at which Maine Yankee operates."

With respect to your questioning the authority of the Commission to permit operation of Maine Yankee at all, the choice of an appropriate mechanism for correcting an apparent violation rests within the sound discretion of the agency, and the paramount concern in exercising that discretion is public health and safety (Petition for Emergency and Remedial Action, CLI-78-6, 7 NRC 400, 405-406 (1978); See also Advanced Medical Systems, Inc. , CLI-94-6, 39 NRC 285, 312-313 (1994)). The staff was satisfied that Maine Yankee would be operated safely at the reduced power level, in accordance with 50.46(a)(2),

but did not perform an independent SBLOCA analysis because it was determined to be unnecessary with the restrictions to be imposed. Specifically, with the imposed power penalty, the licensee's approved large-break loss-of-coolant accident analysis bounded credible design-basis accidents. The Order contains an extensive discussion of the safety basis for the staff's conclusion that power operation with the imposed restrictions did not pose an undue risk to public health and safety.

Regarding your question as to the view of the Office of the General Counsel (0GC), you should be aware that 0GC provided advice and counsel to the staff of the Office of Nuclear Reactor Regulation (NRR) during the development of the Order and that, in 0GC's view, the Order is legally sufficient. Allowing Maine Yankee operation up to 90%, notwithstanding nonconformance with TMI items II.K.3.30 and II.K.3.31, was considered during the development of the Order.

I hope this information will help resolve your concerns about interim operation of Maine Yankee.

Sincerely, I l

k Shirley Ann Jackson  ;

cc: Senator Cohen Senator Snowe Senator Lieberman Senator Biden Representative Dingell Representative Markey I

y g

• Mr. Henry R. Myers Regarding your statements as to informing the public of the governing regulations and the necessity of a small-break loss-of-coolant analysis to be performed in this matter, I would agree that the staff could have been more clear as to the specific regulations in question. Nevertheless, it is clear that 10 CFR 50.46(a)(2) provides the Director of the Office of Nuclear Reactor Regulation with the authority to impose restrictions on reactor operations to ensure that the criteria of 10 CFR 50.46(a)(1) are met. I do note that the staff's analysis and technical basis are comprehensive and support the order.

I trust you will appreciate that the Commission has followed this matter closely and would not hesitate to intervene should any improprieties arise.

Thank you for your expressions of concern and I trust you find my views responsive to your concerns.

Sincerely, (Original Signed By) l l

Shirley Ann Jackson '

I cc:

Senator Cohen Senator Snowe Senator Lieberman Senator Biden Congressman Dingell Congressman Markey DISTRIBUTION:

DOCKET (w/ orig incoming) WRussell/FMiraglia PDI-3 Reading

) PUBLIC (w/ incoming) RZimmerman NRR Mailroom (w/incom)

ED0 # GT96627 AThadani SECY CRC 96-0885 & 0887 EDO Reading File TMartin HMiller, R-I JTaylor SVarga JRogge, R-I JMilhoan JZwolinski JGoldberg, 0GC HThompson ETrottier 0CA JBlaha PMilano OPA KCyr, 0GC DDorman DOCUMENT NAME: G:\00RMAN\GT96627.GRN *See previous concurrence ,

To receive a copy of this doctament, indicate in the box: "c" = Copy without attachment / enclosure "E" = '

Copy with attachnent/ enclosure "N" = No copy OFFICE PM:DRPE lE LA:DRPE lE Tech Ed l E DD:DRPE lN D:DRPE l D:DSSA lN MAME DDorman* EPeyton BCalure JZwolinski* SVarga* GHolahan*

DATE 08/22/ % t 09/ /% 09/ /% 08/22/96 08/22/ % 09/03/96 OFFICE ADP@ l" TL OGC lN D:NRR l EDO l OCM l l NAME RZimmer 4 V JGolderg WRussell JTaylor SJackson _

)

DATE 09/ J /% f 09/ /% 09/ /% 09/ /% 09/ /96 1 7 0FFICIAL RECORD COPY i

. , ,. \

i

• t ACTlDif EDO Principal Correspondence Control jFROM:. DUE: 08/29/96 EDO CONTROL: GT96627 j

DOC DT: 08/10/96

Hanry Myers FINAL REPLY

& 8/14/96

'TO:

Chairman Jackson FOR SIGNATURE OF : ** PRI **

CRC NO: 96-0887 Chairman Jackson DESC:

ROUTING:

MAINE YANKEE Taylor Milhoan Thompson Blaha Cyr, OGC HMiller, RI DATE: 08/16/96 ASSIGNED TO: CONTACT:

I

_ _ _ _ _ . _.~ Rus s ell ~~ (y,\00RMAb"D ~ ' ~ ~

SPECIAL INSTRUCTIONS OR REMARKS:

Raf. GT96559.

Coordinate with OGC.

NRR RECEIVED: AUGUST 16, 1996 __

NRR ACTION: DRPE:VARGA c

ACTION NRR ROUTING: RUSSELL' ~

N"^$!^ DUE To ti DIRECTOR'S OFFIC ZIMMERMAN GRIMES /

B0HRER g .

~~~~ a

\

l

e

, OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-96-0887 LOGGING DATE: Aug 16 96 ACTION OFFICE: EDO/OGC AUTHOR: HENRY MEYERS AFFILIATION: MAINE ADDRESSEE: CHAIRMAN JACKSON l

LETTER DATE: Aug 10 96 FILE CODE: IDR-5 MAINE YANKEE l

SUBJECT:

MAINE YANKEE l l

ACTION: Signature of Chairman DISTRIBUTION: CHAIRMAN, COMRS, RF SPECIAL HANDLING: SECY TO ACK CONSTITUENT:

NOTES: OCM #4906 DATE DUE: Aug 30 96 SIGNATURE: . DATE SIGNED:

AFFILIATION:

l l

l l

EDO

. GT96627

- _ - - - - _ _ -.