ML20137T221

Responds to to Chairman Jackson Re Concerns About Possible Sale of Pilgrim Station & Waste Disposal Issues.No Application for License Received Nor Contract of Sale Between Beco & Entergy.Record Copy

ML20137T221
Person / Time
Site:	Pilgrim
Issue date:	12/17/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	Lampert M MASSACHUSETTS CITIZENS FOR SAFE ENERGY
Shared Package
ML20137T226	List: ML20137T221 ML20137T229
References
NUDOCS 9906150070
Download: ML20137T221 (8)

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WASHINGTON, D.c. 3066H001 December 17, 1998 Ms. Mary Elizabeth Lampert -

Massachusetts Citizens for Safe Energy Duxbury Nuclear Advisory Committee 148 Washington Street Duxbury, MA 02332

Dear Ms. Lampert:

I am responding to your letter to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC), dated October 6,1998, in which you expressed concerns about the possible sale of the Pilgrim Station and about waste disposalissues. Although we are aware that Boston Edison Company (BECo) has announced plans to sell the Pilgrim Station to Entergy Nuclear Generating Company, to date we have not received an application for transfer of the license, nor have we seen any contract of sale between BECo and Entergy. Therefore, we are not in the position to render a view on any terms or conditions of the sale. When an application is submitted for approval of the transfer of the license, the NRC will not approve such an application unless it finds, among other things, that the new licensee is financially qualified to both operate and decommission the plant.

As discussed in detail herein, our regulations require that licensees maintain a written record o' the disposal sites or site surveys of radioactive contamination, and that these records be available for our inspection. However, our regulations do not require that these tscords be submitted to the NRC. The radiological environmental monitoring programs required by the NRC are sufficiently comprehensive to provide an adequate assessment of the radiological impact of plant operation on the offsite environment. The available monitoring data for the Pilgrim Station support the conclusion that operation of the facility has not resulted in any significant environmental impacts.

Section 20.2002 of Title 10 of the Code of Federal Reaulations (10 CFP 20.2002), which replaced 10 CFR 20.302, allows disposal of materials contaminated with low levels of radioactivity under some conditions not otherwise authorized in 10 CFR Part 20, and if reviewed and approved by the NRC staff. We have searched our records and found that the

. NRC did approve one disposal under 10 CFR 20.302 on May 4,1993, We have onclosed

- Inspection Report 9317 for your information regarding this disposal. Until 10 CFR 20.304 was rescinded on January 28,1981, BECo could make onsite disposals without NRC's approvalif certain conditions were met. We are not aware of any disposals made under the provisions of this regulation. "Subpart L Recurds" of 10 CFR Part 20 contains NRC's requirements for maintaining records for radiation protection, including 10 CFR 20.2108, " Records of waste disposait This regulation would include disposal by burialin soil authorized under old parts 10 CFR 20.302 and 304. In addition, Section (g) of 10 CFR 50.75," Reporting and recordkeeping for decommissioning planning," requires maintenance of (1) records of spills or any unusual occurrences involving the spread of contamination in and around the facility and (2) documentation of as built drawings and modifications of structures and equipmant in restricted areas in which radioactive materials are used and/or stored and of locations of possible inaccessible contamination such as buried pipes.

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- As to your concerns regarding decommissioning, licensees determine how rnuch sampling and analysis aru needed to adequately characterize the site on the basis of available historice!

onsite radiation survey records and known history of site uses regardless of who may own the plant at the time it enters decommissioning. This initial site characterization study is performed for the purpose of decommissioning planning and estimating decommissioning costs.

. After decommissioning sctivities are completed, the licensee must fumish additional

. documentation of radiological evaluations to demonstrate compliance with the radiological criteria contained in "Subpart E Radiological Criteria for License Termination" of 10 CFR Part

20. The licensee's radiological environmental monitoring program is maintained in effect throughout the entire decommissioning process so that the potential environmentalimpacts of all decommissioning activities are monitored. The NRC periodically inspects the licensee's decommissioning program throughout the decommissioning process and reviews the licensee's t

final radiological survey data. The NRC can,if tieeded, perform an independent radiological

- review of the survey data. The NRC can also, if needed, perform an independent iadiological survey of the licensee's site to verify the licensee's compliance with regulatery requirements.

The NRC will terminate the license only when it is satisfied that the licensee's site is remediated

. to the levels specified in the regulations.

Thank you for sharing your concerns with the NRC. I trust you find this letter responsive to your

. concerns.

Sincerely,.

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uel J. Co)! 'ns, Director j{A Office of Nuclear Reactor Regulation

Enclosure:

Inspection Report 9317 cc w/o encl: See next page :

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After decommissioning activities are completed, the licensee must fumis dditional

. documentation ofindiological evaluations to demonstrate compliance th the radiological criteria contained in "Su!!part E-Radiological Criteria for License Termina ' n' of 10 CFR Part 20. The licensee's radiological environmental monitoring program is mal ined in effect throughout the entire decommissioning process so that the potential environ ntalimpacts of all decommissioning activities are monitored. The NRC perio liy inspects the licensee's decommissioning program throughout the decommissio g process and reviews the licensee's final radiological survey data. The NRC can, if neede, perform an independent radiological review of the survey data. The NRC can also, if no ed, perform an independent radiological survey of the licensee's site to verify the licenso ' compliance with regulatory requirements.

4 The NRC will terminate the license only when s satisfied that the licensee's site is remediated to the levels specified in the regulations.

Thank you for sharing your concems the NRC. I trust you find this letter responsive to your concems.

Sincerely,

'OntGitw.et.T.m ny r

Samuel J. Collins, Director Office of Nuclear Reactor Regulation

Enclosure:

Inspection Report 93-17 cc w/o encl: See next page DOCUMENT NAME: -G:\\ PILGRIM \\lampert. rep-

• SEE PREVIOUS CONCURRENCE To receive a copy of this document indicate in the box:

"C" - Copy without.

attachment / enclosure "E" = Copy with attachment / enclosure "N" - No copy 0FFICE Pol.3/ Pet -

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DISTRIBUTION Docket File (50-293)w/inc.

PUBLIC (w/inc.)

EDO #G19980624 -

PDl 3 r/f w/inc.

W. Travers -

H. Thompson A.ThsJani-

. P.- Nony J. Blaha S. Bums, OGC

. M. Miller, RI-C. Paperiello, NMSS.

C, Collins /F. Miraglia B. Boger J. Zwolinski B. Sheron J. Roe R. Zimmerman C. Norworthy (e-mail RCN)

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SECY # CRC-98-0937

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Boston Edisin Company Pilgrim Nuclear Power Station cc:

- * - Mr. Leon J. Olivier Mr. Jack Alexander Vice President - Nuclear /Sta' on Manager, Relations and Quality Assurance Director Pilgrim Nuclear Power Station Boston Ecison Company RFD #1 Rocky Hill Road Pilgrim Nuclear Power Station Plymouth, MA 02360 600 Rocky Hill Road Plymouth, MA 02360 5599 Mr. David F. Tarantino Nuclear information Manager Resident inspector Pilgrim Nuclear Power Station U. S. Nuclear Regulatory Commission RFD #1, Rocky Hill Road Pilgrim Nuclear Power Station Plymouth, MA 02360 Post Office Box 867 -

Plymouth, MA 02360 Ms. Kathleen M. O'Toole Secretary of Public Safety Chairman, Board of Selectmen Executive Office of Public Safety 11 Lincoln Street one Ashburton Place Plymouth, MA 02360 Boston, MA 02108 Chairman, Duxbury Board of Selectmen Mr. Peter LaPorte, Director Town Hall Attn: James Muckerheide 878 Tremont Street Massachusetts Emergency Management Duxbury, MA 02332 Agency 400 Worcester Road Office of the Commissioner P.O. Box 1496 Massachusetts Department of Framingham, MA 01701 0317 Environmental Protection One Winter Street Chairman, Citizens Urging Boston, MA 02108 Responsible Energy P.O. Box 2621 Office of the Attomey General Duxbury, MA 02331 One Ashburton Place 20th Floor.

Citizens at Risk Boston, MA 02108 P.O. Box 3803 Plymouth, MA 02361 Mr. Robert M. Hallisey, Director Radiation Control Program W.S. Stowe, Esquire Massachusetts Department of Boston Edison Company Public Health 800 Boylston St.,36th Floor 305 South Street Boston, MA 0219g

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Boston, MA 02130 Chairman Regional Administrator, Region 1 Nuclear Matters Committee U. S. Nuclear Regulatory Commission Town Hall 475 Allendale Road 11 Lincoln Street King of Prussia, PA 19406 Plymouth, MA 02360 Ms. Jane Fleming -

Mr. William D. Meinert '

8 Oceanwood Drive Nuclear Engineer Duxbvry, MA 0233 Massachusetts Municipal Wholesale Electric Company Mr. James Keene P.O. Box 426 -

Acting Licensing Division Manager Ludlow, MA 01056-0426 Boston Edison Company 600 Rocky Hill Road -

Plymouth, MA 02360-5599 7,____.-..-

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. Mr. Ron Lodgett Executive Vice President Boston Edison Co.

, ~ 800 Boy'eston Street Boston, MA 02199 Ms. Carol C. Amick.

. Executive Director Low Level Radioactive Waste Management Board 100 Cambridge Street Room 903 Boston, MA 02202 I

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ACTON EDO Principal Correspondence Control FROM:

DUE: 11/10/98 EDO CONTROL:

iL.fw30624 DOC DT 16/06/98 FINAL REPLY:

M2ry Elizabeth Lampert M200cchusetts Citizens for Safe Energy TO:

Chairman Jackson FOR SIGNATURE OF :

• • GRN CRC NO: 98-0937 Collins, NRR DESC:

ROUTING:

PILGRIM NUCLEAR POWER STATION - PRESERVING WRITTEN Travers RECORD OF CONTAMINATION PRIOR TO TRANSFER OF Thompson OWNERSHIP FROM BECO TO PECO Norry Blaha Burns Miller, RI DATE: 10/19/98-Paperiello,NMSS ASSIGNED TO:

CONTACT:

p NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

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Nr_R Rourt0% : 0.ollins Nicagtw DUE TO NRR DIRECTOR'S OFFFE,

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OFFICE OFETHE-SECRETARY-CORRESPONDENCE CONTROL TICKET L

-PAPER NUMBER :

CRC-' 9 8 '- 0 93 7

-LOGGING DATE: Oct 13 98

= ACTION OFFICE: T EDO I

-AUTHOR: 1-MARY E,-LAMPERT

' AFFILIATION:

MASSACHUSETTS

/ ADDRESSEE:

CHAIRMAN JACKSON 1

< LETTER'DATE:

Oct-6 98 FILE-CODE: IDR -5 PILGRIM

SUBJECT -

-PILGRIM NPS: PRESERVING WRITTEN RECORD OF

' CONTAMINATION PRIOR TO. TRANSFER OWNERSHIPER BECO TO PECO

'-ACTION:

Appropriate

-DISTRIBUTION:

CHAIRMAN, COMRS, SECY/ RAS.

SPECIAL HANDLING:jNONE ~

' CONSTITUENT:

NOTES:~

iDATE DUE:-

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Massachusetts Citizens for Safe Energy 29 Temple Place, Boston MA 02111

[617] 292 4821 phone * [617] 192 8057 fax

• e-mail mwilsonCtoxicsaction.org 148 Washington Street, Duxbury MA 02332

[781] 934-0389 phone * [781] 934 5579 fax

• e-mail jiampert@ldt. net October 6, 1998 NRC Chair Shirley Jackson U.S. Nuclear Regulatory Commission Washington DC 20555 RE: Pilgrim NPS: Preserving Written Record Of Contamination Prior To Transfer Ownership BECO To PECO RtC'D Ut SECT

Dear Chair Jackson:

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We are told that Boston Edison will soon officially announce the sale of the Pilgrim Nuclear Power Station, Plymouth MA, to PECO - no doubt technically to AmerGen, a joint venture of PECO and British Energy of Edinburgh, UK. This presents many issues / problems, not the least of which, preserving the record of waste disposal so that it does not become " lost" in the transfer.

Pilgrim is, for all practical purposes, a radioactive waste dump located on an eroding coastline overlooking Massachusetts Bay. It is important that, when the time comes, it is properly & thoroughly cleaned up. This requires, among many things, the preservation of precise contamination records - important records can get " lost" in the transfer of ownership.

Pilgrim was allowed to bury low-level radioactive waste (defined as waste other than spent fuel rods) and mixed radioactive waste on-site from 1972 until the mid-1980's.

We know that they buried waste through 1986.

It is important that a written record, inclusive of site map, of burial sites be turned over to the Commonwealth & federal regulators as part of the " paper work in the sale of Pilgrim to PECO. We hope that you will reinforce our request that this happens.

Pilgrim was the site of the second worst releases in US history, 1982.

For example, in June of 1982, they blew their filters resulting in significant on & off site 9906150076 981217 CF ADOCK 05000293 CF

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9 contamination of radioactive resin. Soil samples were taken by federal & state authorities.

Original maps and detailed reports taken at that time should also be on file with the commonwealth & federal regulators. We hope that you will help us with assuring that this happens, too.

bit isclearthattheliabilityissuesbetweenBECOandPECO[

)besettledbeforeallaspectsofthesalearefinalized; so

/ that public health and safety doesn't suffer while each

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party plays the "he did it" game when it comes time to actually clean up.

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Enclosed, you will find our letter on the subject to Gerald'

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Rainey, President & Chief Nuclear Officer, PECO.

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We thank you for any help that you can give us on this important issue and please keep us "in-the-loop" of any hQ1G1 actions / correspondence that may occur between you and 9

,!.u[.kJe pertinent parties on this issue.

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Mary Elizabeth Lampert Ij Massachusetts Citizens for Safe Energy

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s :. l Massachusetts Citizens for Safe Energy 29 Temple Place, Boston MA 02111

[617] 192 4021 phone * [617] 292 8057 fax

• e-mail mwilson@toxicsaction.org 4

148 Washington Street, Duxbury MA 02332

[781] 934 0389 Phone * [781] 934 5579 fax

• e-mailllampert@ldt. net October 5, 1998 Gerald Rainey President & Chief Nuclear Officer PECO Nuclear Headquarters 965 Chesterbrook Blvd.,

Wayne, PA 19087-5691 RE: Pilgrim NPS

Dear Mr. Rainey:

As you know, NRC regulations have permitted Boston Edison Company (BECO) to bury some radioactive waste on site.

Those of us in this region have serious concerns about the health and other risks presented by this buried waste.

We also question whether BECO has accurately reported either the locations of every site in which waste has been buried or the amount and type of waste buried in each site.

As part of the sale of Pilgrim Station to you, we are asking that the Commonwealth and the NRC require a complete and accurate reporting (written and inclusive of site map) by BECO of all radioactive waste buried or otherwise disposed of by it within the site or elsewhere; and that the reports be made available to the Commonwealth, NRC and be part of the public record.

We are also asking that the Commonwealth and the NRC insure that you and BECO are held responsible for any liabilities that might arise in the future as a result of any radioactive waste disposal efforts, and that both you and BECO be especially responsible for anything that either of you has failed to report.

Thanking you for your attention and timely response, I am sincerely, Mary Elizabeth Lampert Massachusetts Citizens for Safe Energy cc. Senators Kennedy 8 Kerryi Congressman William Delahun'.; Congressman Edward Markey; NRC Chairman Shirley Jackson Acting Governor Pau! Celluccis Attorney General Scott Harshbarger; MA DTE Chair, Gail Besseri Senators Hedlund and Murrays Representatives Tom O'Brien, Ruth Provost; Frank Hyness Fran Marini; Joseph Gallitanoi Boards of Selectmen, Towns of Plymouth, Carver, Duxbury, Kingston, Marshfield.