ML20138D961

Ack Receipt of Re Whether NRC Undue Risk Standard to Be Same as Substantial Compliance W/Nrc Regulations.Nrc Will Determine Whether Licensee Corrective Actions Provide Reasonable Assurance That Plant Is Safe

ML20138D961
Person / Time
Site:	Maine Yankee
Issue date:	04/28/1997
From:	Zwolinski J NRC (Affiliation Not Assigned)
To:	Myers H AFFILIATION NOT ASSIGNED
Shared Package
ML20138D964	List: ML20138D961 ML20138E004
References
NUDOCS 9705010317
Download: ML20138D961 (6)

Text

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f* "*%k UNITED STATES l

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l g NUCLEAR REGULATORY COMMISSION i

o 2 WASHINGTON, D.C. 30eeH001

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+9***** April 28, 1997 1

I Mr. Henry R. Myers )

Post Office Box 88 I Peaks Island, ME 04108 i

Dear Mr. Myers:

)

Your letter of February 26, 1997, to Chairman Jackson has been referred to me for reply.

At the outset of this letter, again let me assure you that the Commission is interested in hearing public concerns regarding the Maine Yankee Atomic Power Station (MYAPS). Public concerns, whether expressed in the February 4,1997, Commission meeting on MYAPS in letters such as yours, or through other means, will always receive serious consideration.

Your letter of February 26, 1997, is primarily concerned with whether the NRC's " undue risk" standard, applied when determining whether to permit plant '

operations to continue, is the same as " substantial compliance" with Nuclear  !

Regulatory Commission regulations. The Commission's regulations and '

adjudicatory decisions do not rely upon a " substantial compliance" standard.

Rather, as explained in my letter of February 14, 1997, the question that the 1 Commission must ask in determining whether prompt remedial action, including l shutdown, is necessary, is whether operation of the facility poses an undue l risk to public health and safety, not whether compliance with NRC requirements is " substantial."

Your letter of February 26, 1997, also questions why the Commission has permitted operation of the Maine Yankee Atomic Power Station when the report of the Independent Safety Assessment Team (ISAT) did not make a finding that l continued operation would not pose an undue risk to public health and safety, I and instead found that overall performance was considered adequate for l operation (after an extensive review of design and licensing bases, l operational safety performance and Maine Yankee's self-assessment, corrective  !

actions, and plans for improvement). Although the ISAT report made no finding l that continued operation of the MYAPS posed or did not pose an undue risk to public health and safety, the ISAT findings resulted in Maine Yankee Atomic Power Company's shutting down the facility from July 20. 1996, to h[ '

September 2,1996, in order to resolve equipment operability concerns. At the 8 time of the September 2,1996, restart the staff was not aware of any issues h !,

taken individually or collectively that would pose an undue risk to public

~

j j health and safety.  :

Since the ISAT additional substantive issues at the MYAPS have been identified or further developed and addressed in the NRC staff's Confirmatory Action Letter (CAL) dated December 18, 1996, and Supplement 1 to the CAL dated January 30, 1997, that must be resolved before restart. Before approving  ;

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u-I Mr. Henry R. Myers 2- April 28, 1997 restart of the MYAPS the NRC staff will determine whether the licensee's corrective actions provide reasonable assurance that the plant can be operated in a manner that will pose no undue risk to public health and safety.

As noted in the Chairman's letter to you of January 31, 1997 Chairman Jackson will continue to monitor the staff's actions related to Maine Yankee.

including your correspondence. Therefore, my assignment for responding to you on these matters should not be misinterpreted to mean that your concerns will not receive proper attention and consideration. Finally, you assert in your ,

letter that the NRC staff has at, overall position to defend past actions with i respect to the Maine Yankee situation. As acknowledgement of this concern, a i copy of your letter will be forwarded to the NRC's Office of the Inspector General for whatever action the Inspector General deems appropriate.

1 I trust that this information is responsive to your concerns about the MYAPS. J Sincerely. O I John A Zwolinski. Deputy Director Divisi of Reactor Projects Office Of Nuclear Reactor Regulation 9

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1 Mr. Henry R. Myers April 28, 1997 restart of the MYAPS, t'a e NRC staff will determine whether the licensee's corrective actions provide reasonable assurance that the plant can be operated in a manner that will pose no undue risk to public health and safety.

As noted in the Chairman's letter to you of January 31, 1997 Chairman Jackson will continue to monitor the staff's actions related to Maine Yankee, including your correspondence. Therefore, my assignment for responding to you on these matters should not be misinterpreted to mean that your concerns will not receive proper attention and consideration. Finally, you assert in your letter that the NRC staff has an overall position to defend past actions with respect to the Maine Yankee situation. As acknowledgement of this concern, a copy of your letter will be forwarded to the NRC's Office of the Inspector General for whatever action the Inspector General deems appropriate.

I trust that this information is responsive to your concerns about the MYAPS.

Sincerely.

[ Original signed by]

John A. Zwolinski, Deputy Director Division of Reactor Projects Office Of Nuclear Reactor Regulation DOCUMENT: A:\G970150 *See Previous Concurrence To receive a copy of this pocument.1nd1cate 1n the t,ox: "C" = Copy without attachment / enclosure

"[" = Copy with attachme/t/ enclosure "N" = No copy 0FFICE DD:DRP p / ADPR* l OGC no l D:NRR* l EDO n ,l OCM l NAME JZwolfp RZimmerman RWeisman SCollins JCall SJackson DATE 4/h97 4/2 /97 4/ 1 /97 4/ 7 /97 4/ /c//97 4Af/97 0FFICIAL RECDRD~TOPY i

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DOC DT: 02/26/97 FINAL REPLY:

iHsnry R. Myers l

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l Chairman Jackson

!FOR SIGNATURE OF : ** GRN ** CRC NO: 97-0211 Zwolinsky/ '

J lDESC: ROUTING:

MAINE YANKEE Callan Thompson J Jordan I Norry I Blaha Miller, RI

' DATES 03/06/97 Burns, OGC Y#' OGC l ASSIGNED TO: CONTACT:

NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:

NRR RECEIVED: MARCH 7,1997 i NRR ACTION: DRPE:VARGA l NRR ROUTING: COLLINS MIRAGLIA THADANI ZIMMERMAN F MARTIN TRAVERS

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET i i

PAPER NUMBER: CRC-97-0211 LOGGING DATE: Mar 97 ACTION OFFICE: EDO AUTHOR: HENRY MYERS  ;

AFFILIATION: MAINE ADDRESSEE: CHAIRMAN JACKSON LETTER DATE: Feb 26 97 FILE CODE: IDR- 5 MAINE YANKEl

SUBJECT:

MAINE YANKEE ACTION: Direct Reply DISTRIBUTION: CHAIRMAN SPECIAL HANDLING: SECY TO ACK CONSTITUENT:

NOTES: OCM # 7504 i

DATE DUE: Mar 20 97  :

SIGNATURE: . DATE SIGNED:

AFFILIATION:

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I EDO -- G970150