ML20141J118

From kanterella
Jump to navigation Jump to search
Discusses H Myers 970221 & 26 Ltrs Re Maine Yankee Substantial Compliance W/Requirements of Regulations & Design Basis & If Not,Why Is Commission Not Taking Action to Suspend License,Similar to Millstone Units
ML20141J118
Person / Time
Site: Millstone, Maine Yankee  Dominion icon.png
Issue date: 02/27/1997
From: Backus R
BACKUS, MEYER & SOLOMON
To: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
Shared Package
ML20141J107 List:
References
NUDOCS 9705270249
Download: ML20141J118 (2)


Text

.

B ACKUS, MEY E R. SOLOMO N, e

ROOD & BRANCH f

ATTORNEYS AT L AW ne LoWELL STREET JON ME YER*

Po DOX54 ALSO ADM#TYto STEVEN A SOLOMON JENNIFER ROOD..

M ANCHESTER, NH o3ios-osis

'.TO MASS ACHUSETTS B AR i

.To uAmEBAR B J. BR ANCH (603) r,f>8-7272 OF COUNSEL DARIN HOOD-TUCKER ROBERT A BACKUS February 27, 1997 Hon. Shirley Jackson, Chairman U.

S.

Nuclear Regulatory Commission Washington, D.C.

205550-0001

Dear Chairman Jackson:

I write you again as counsel for the Seacoast Anti-Pollution League.

SAPL is a long time Seabrook intervenor, and has members who reside in Maine.

I write again in support of Mr. Henry Myers' various communications to you, and in particular, his February 21 and 26, 1997 letters.

Although Mr. Myers frames his inquiries with great precision and detail, he is really just asking one question: Can the Commission state that, at the present time, Maine Yankee is in substantial compliance with the requirements of its regulations, and its design basis?

If not, then why is the Commission not taking action to suspend the Maine Yankee license, similar to what it did regarding the Millstone units in Connecticut?

This is a question on which SAPL shares a safety interest with the citizens of coastal Maine, and indeed throughout New England.

As Mr.

Myers points out in his letters, the staff has carefully avoided any direct and forthright answer to this question.

The citizens within the area of risk of a nuclear plant should not have to depend upon staff " engineering" judgment as to the safe operability of a power reactor.

We again would refer to your pertinent comments to the staff last October:

"I want to address a few remarks toward our expectations of licensee performance and the emphasis of our own regulatory oversight.

I see a real danger in being ensnared by false distinctions between safety and compliance in our regulatory program.

In fact, the concepts are bound tightly to each other.

A 9705270249 970509 PDR COMMS NRCC CORRESPONDENCE PDR s

=

licensee's compliance with our regulations and license conditions is fundamental to our confidence in the safety of licensed activities.

As I have said any number of times, if there are requirements on the books that do not have to do with safety, we should remove them through the well-established processes to make such changes.

It is untenable as a reculatory acency to imolv that reculatory recuirements can be ianored."

My clients look forward your reply to Mr. Myers' February 21 and 26, 1997 letters.

In addition, we would respectfully request that you, and the full Commission, arrange for and attend a public hearing to be held in the vicinity of Maine Yankee.

(I might add that I recall the Commission did, on one occasion, hold a hearing in its adjudicatory capacity in Manchester, New Hampshire, concerning the issue of a license suspension for the Seabrook construction permit.)

Given the course of events involving the New England reactors, and the concern over inadequate NRC regulation, a chance for a meaningful dialogue between local officials and concerned citizens and the commissioners would be a most welcome step in the process of restoring public confidence in the regulatory process.

Only the Commission's own deliberate and public attention, and not simply staff response, to the well founded public concerns, will now suffice, ver ruly yours 2~

ackus c?8/acw cc:

Henry Myers SAPL Governor Angus King Ray Shadis Congressman Tom Allen