ML20129G912

Forwards Notice of Completion of Hearing Process Re Approval of Decommissioning Plan.Commission Denied Petition for Review by Hearing Re Approval of Decommissioning Plan. Plan Is Considered PSDAR

ML20129G912
Person / Time
Site:	Yankee Rowe
Issue date:	10/28/1996
From:	Fairtile M NRC (Affiliation Not Assigned)
To:	Kay J YANKEE ATOMIC ELECTRIC CO.
References
CLI-96-09, CLI-96-9, NUDOCS 9610300262
Download: ML20129G912 (3)

Text

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p h UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2065tW001

• • • • • ,o October 28, 1996 l Mr. James A. Kay  !

Principal Licensing Engineer  !

Yankee Atomic Electric Company 580 Main Street ,

Bolton, Massachusetts 01740-1398 l j

SUBJECT:

COMPLETION OF HEARING PROCESS REGARDING APPROVAL OF DECOMMISSIONING PLAN FOR THE YANKEE NUCLEAR POWER STATION I

Dear Mr. Kay:

1 By Order dated October 18, 1996, (CLI-96-9) the Commission denied a petition for review of a Licensing Board decision (LBP-96-18) which granted Yankee Atomic Electric Company's (YAEC's) Motion for Summary Disposition in a hearing convened to determine whether an order approving the decommissioning plan for the Yankee Nuclear Power Station (YNPS) should be approved. The YNPS decommissioning plan had previously been reviewed and approved by the NRC Staff in February 1995. Following a decision of the United States Court of Appeals for the First Circuit in Citizens Awareness Network v. NRC, 59 F.3d 284 (1st Cir.1995), the Commission determined that it would reinstate its pre-1993 interpretation of its regulations. Accordingly, YAEC was prohibited from conducting further major decommissioning activities pending approval of the decommissioning plan after completion of the hearing process. See CLI  !

14, 42 NRC 130 (1995).

Pursuant to the regulations in effect at the time this proceeding commenced, upon expiration of the stay issued in CLI-96-9, and absent a judicial stay of s the Commission's Order, YAEC would be entitled to an order approving the YNPS '

decommissioning plan. Since commencement of the adjudicatory hearing to f determine if the YAEC decommissioning plan should be approved, the Commission j has amended its decommissioning regulations. See Decommissioning of Nuclear l Reactors, 61 Fed. Reg. 39278 (July 29, 1996) (to be codified at 10 C.F.R. Parts 2, 50, and 51). The amended section 50.82 provides that for power reactor licensees who, before the effective date of this rule, have submitted a decommissioning plan for approval, the plan is to be considered the Post- l Shutdown Decommissioning Activities Report (PSDAR). 61 Fed. Reg. at 39301.

The amended rule further provides that for those licensees whose l 4

decommissioning plan approval activities have been relegated to notice of '

opportunity for a hearing, the public meeting and 90-day delay of major  ;

dccommissioning activities requirements of the amended rule do not apply.

Id. Thus, pursuant to 10 C.F.R. 6 50.82, as amended, the YNPS l

decommissioning plan is considered to be a PSDAR to which the public meeting and 90-day hold on decommissioning activities do not apply. Also, the decommissioning cost estimate submitted as part of the YNPS decommissioning i plan is considered to be the site-specific cost estimate required by 10 C.F.R.  ;

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{ Mr. James A. Kay October 28, 1996  ;

[ l 50.82(a)(8)(1)(C)(iii). Therefore, since the applicable administrative i i stay expired, decommissioning activities may be conducted at YNPS in {

j accordance with the YNPS PSDAR, pursuant to the amended decommissioning l

regulations referenced above.  ;

. Please contact me if you have any questions regarding this letter. ,

j.

i Sincerely, l

Original signed by-

! Morton B. Fairtile, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation l

Docket No. 50-(29

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1 Mr. James A. Kay 6 50.82(a)(8)(1)(C)(iii). Therefore,'since the applicable administrative stay expired, decommissioning activities may be conducted at YNPS in accordance with the YNPS PSDAR, pursuant to the amended decommissioning regulations referenced above.

Please contact me if you have any questions regarding this letter.

Sincerely,

) y _ c- -

Morton 8. Fairtile, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No.50-029 cc: See next page e

I 5

i l Mr. James A. Kay Yankee Rowe '

Docket No.50-029 cc: 1 Dr. Andrew C. Kadak, President Chairman, Franklin County l 4

and Chief Executive Officer Commission Yankee Atomic Electric Company 425 Main Street 580 Main Street Greerfield, Massachusetts 03101

, Bolton, Massachusetts 01740-1398 Cittzens Awareness Network Thomas Dignan, Esq. P. O. Box 83 ,

Ropes and Gray Shelburne Falls, Massachusetts 01370 '

One International Place  ;

Boston, Massachusetts 02110-2624 Diane Screnci, Region I '

U.S. Nuclear Regulatory Commission Mr. Kenneth Heider 475 Allendale Road Site Manager King of Prussia, Pennsylvania 19406  :

Yankee Atomic Electric Company Star Route Ms. Leslie Greer Rowe, Massachusetts 01367 Assistant Attorney General Commonwealth of Massachusetts Regional Administrator, Region I 200 Portland Street U.S. Nuclear Regulatory Commission Boston, Massachusetts 02114 475 Allendale Road King of Prussia, Pennsylvania 19406 Mr. G. Paul Bollwerk III Atomic Safety and Licensing Board Panel Robert M. Hallisey, Director U.S. Nuclear Regulatory Commission Radiation Control Program Washington, D.C. 20555 Massachusetts Department of Public Health Dr. Jerry R. Kline 305 South Street Atomic Safety and Licensing Board Panel Boston, Massachusetts 02130 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

-Commissioner Richard P. Sedano Vermont Department of Public Service Dr. Thomas S. Elleman 120 State Street, 3rd Floor 704 Davidson Street Montpelier, Vermont 05602 Raleigh, North Carolina 27609 Mr. Russell Mellor Diane Curran Manager of Operations Harmon, Curran, and Spielberg Yankee Atomic Electric Company 2001 "S" Street, N.W.

SSL Main Street Suite 430 Bolton, Massachusetts 01740-1398 Washington, D.C. 20009 Mr. David Rodham, Director Jonathan M. Block ATTN: Mr. James B. Muckerheide Attorney at Law Massachusetts Civil Defense Agency Main Street, P.O. Box 566 400 Worcester Road Putney, Vermont 05346-0566 P. O. Box 1496 Framingham, Massachusetts 01701-03173

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