ML20151V046

Responds to Which Raised Several Concerns Re NRC Oversight of Decommissioning of Plant

ML20151V046
Person / Time
Site:	Maine Yankee
Issue date:	09/07/1998
From:	Collins S NRC (Affiliation Not Assigned)
To:	Brack H BIOMETRIC TESTING, INC.
References
NUDOCS 9809140052
Download: ML20151V046 (7)

Text

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j UNITED STATES NUCLEAR REGULATORY COMMISSION

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i Mr. H. G. Brack Center for Biological Monitoring, Inc.  !

, P.O. Box 144 Hull's Cove, ME 04644-0144 l l

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Dear Mr. Brack:

l l am responding to your letter of July 6,1998, in which you raised several concerns

regarding the U.S. Nuclear Regulatory Commission's (NRC) oversight of the decommissioning of the Maine Yankee Atomic Power Station. Specifically, you cite three instances, in which you believe the licensee's radiological environmental monitoring program

? (REMP) does not contain adequate data to assess the environmental impact of plant

! operation. The Commission does not agree with your observations.

Radiological environmental monitoring and radiological effluent monitoring at nuclear power plants are important for verifying the effectiveness of in-plant measures for controlling the release of radioactive materials and for verifying that the levels of radioactive materials in the offsite environment do not exceed those originally anticipated in the Final Environmental i Statement (FES) before licensing of the plant. Regarding the Maine Yankee station, the FES specifically addressed the release of liquid radioactive effluents into Bailey Cove and i Montsweag Bay. The analysis showed that full-power operation of the facility would not

{ have any significant impact on the environment. With more than 20 years of experience

with environmental monitoring programs, we believe the current regulatory requirements are adequate to accomplish this objective. Your comment that the REMP is linked to the site characterization process during decommissioning is not correct. The REMP is designed specifically to monitor plant environs away from the reactor site. It is not meant to provide

data on the radiological conditions at the plant site.

4 The principal regulatory basis for requiring environmental and effluent monitoring is

i. contained in General Design Criterion 64 of Appendix A to 10 CFR Part 50, and Section IV.B of Appendix i to 10 CFR Part 50.Section IV.B states that--

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The licensee shall establish an appropriate surveillance and monitoring 3 program to: 1. Provide data on quantities of radioactive material released in kg liquid and gaseous effluents...; 2. Provide data on measurable levels of radiation and radioactive materials in the environment to evaluate the

! relationship between quantitles of radioactive material released in effluents and the resultant radiation doses to individuals from principal pathways of o\

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Mr. H. G. Brack 2 The NRC staff reviews Qe results of the environmental and effluent monitoring programs, and, if the data indicate that the relationship between the quantities of effluents and doses to individuals is significantly greater than those assumed in the FES for the licensing basis of the plant, the NRC, pursuant to Section IV.C of Appendix I to 10 CFR Part 50, may modify the allowable quantities of radioactive materials that may be released. This measure ensures that the operation of the plant will not have a significant impact on members of the public or on the environment.

The NRC staff reviews the licensee's REMP with regard to the criteria contained in the Radiological Assessment Branch Technical Position [BTP], Revision 1, November 1979, "An Acceptable Radiological Environmental Monitoring Program." The BTP contains an example of an acceptable minimum radiological monitoring program. The monitoring program includes a diverse collection of environmental media that may contain licensed radioactive material released from the plant and, thus, may affect members of the public. The air, water, sediment, milk, food products, fish, and invertebrates are sampled. The water sampling comprises samples of surface, ground, and drinking water, in addition, the BTP discusses sampling of sediment from the shoreline. All these samples undergo quantitative radionuclide analyses to identify concentrations of licend radioactive material that may be present. This sampling adequately represents all potential exposure pathways to members of the public. The NRC has no plans to revise the existing requirements for environmental or effluent monitoring. The licensee annually reports the results of its monitoring programs to the NRC, and the NRC peridically inspects the licensee's monitoring programs to verify regulatory compliance and to note trends in the data.

'The monitoring programs required by the NRC are sufficiently comprehensive to provide an adequate assessment of the radiologicalimpact of plant operation on the offsite environment. These programs are also adequate to detect potential offsite radiological impacts of non-routine plant activities, such as the past leakage from the Maine Yankee refueling water storage tank. The available environmental monitoring data for the Maine Yankee station support the conclusion that operation of the facility has not resulted in any significant environmental impacts.

At the time a plant enters decommissioning, the licensee determines how much~ sampling and analysis is needed to adequately characterize the site on the basis of available historical onsite radiation survey records. This initial site characterization study is done for the purpose of decommirsioning planning and estimating decommissioning costs. After decommissioning activities are complete, the licensee must furnish 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 environmental impacts of all decommissioning activities are monitored. The NRC will periodically inspect the licensee's decommissioning program throughout the decommissioning process and review the licensee's final radiological survey data. The NRC can, if needed, perform an l

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7 ___ _ ._. _ _

Mr. H. G. Brack 3 Septembar 7,1998 independent radiological survey of the licensee's site to verify the licensee's compliance with regulatory 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 Your letter and document " Patterns of Noncompliance," have baan forwarded to the NRC's Office of the inspector General for their consideration. I hope you find this letter helpful.

Sincerely.

ORIGINAL SIGNED BY:

Samuel J. Collins, Director Office of Nuclear Reactor Regulation i DISTRIBUTON:

HARD COPY E-MAIL COPY Docket File 50-309 (w/ incoming) RBurrows (RAB2)

PUBLIC (w/ incoming) RDudley (RFD)

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PNorry (016 E15) JMinns (JLM3)

JBlaha (016-E15) Pray (PMR)

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HMiller, RI LWheeler (DXW)

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BBoger (05-E7) I BSheron (05-E7)

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Mr. H. G. Brack 3 September 7, 1998 ind pend:nt radiological surv:y of the licinsee's site to vtrify the lictnsee's complianca with regulatory 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. Your letter and document " Patterns of Noncompliance," have been forwarded to the NRC's Office of the Inspector General for their consideration. I hope you find this letter helpful.

Sincerely, ORIGINAL SIGNED BY:

Samuel J. Collins, Director Office of Nuclear Reactor Regulation DISTRIBUTION:

HARD COPY E-MAIL COPY Docket File 50-309 (w/ incoming) RBurrows (RAB2)

PUBLIC (w/ incoming) RDudley (RFD)

EDO# GT980426 MFairtile (MBF)

LCallan (016-E15) TFredrichs (TLF)

WTravers (016-E15) PHarns (PWH1)

HThompson (016-E15) AMarkley (AWM)  :

PNorry (01G-E15) JMinns (JLM3)

JBlaha (016-E15) Pray (PMR)

SBurns, OGC (015-B18) LThonus (LHT)

HMiller, RI LWheeler (DXW) i MKnapp (T10-F12)

SCollins/FMiraglia (05-E7)

BBoger (05-E7)

BSheron (05-E7)

(A)SPO (014-D4)

JRoe (012-E5)

RZimmerman (05-E7)

TCarter, NRR Mail Room (EDO#GT980426 w/ incoming) (05-E7)

SWeiss MMasnik MWebb PDND r/f (w/ incoming) )

OGC (015-B18)

OPA (02 G5)

OCM (016-C1)

MBoyle (E-Mail MLB4)

MClark (GT426) (012-E5)

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Mr. H. G. Brack 3 independent radiological survey of the licensee's site to verify the licensee's compliance with regulatory 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. Your letter and document " Patterns of Noncompliance," have been forwarded to the NRC's Office of the inspector General for their consideration. I hope you find this letter helpful.

Sincerely, mue .C ins, Director Office of Nuclear Reactor Regulation i

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ACTION M. l N EDO Principal Correspondence Control 30v3 FROM: DUE: 07/21/98 c, k EDO CONTROL: G980426 DOC DT: 07/06/98 H. G. Brack FINAL REPLY: k Cnnter for Biological Monitoring Inc. Q 1[\D TO:

Chairman Jackson FOR SIGNATURE OF : ** PRI **

CRC NO: 98-0643 Chairman DESC:

ROUTING:

MAINE YANKEE ATOMIC POWER COMPANY Callan i Travers '

Thompson  !

Norry Blahn Burns DATE: 07/09/98 Miller, RI i

Knapp, NMSS I ASSIGNED TO: CONTACT:

NRR _ Collins SPECIAL INSTRUCTIONS OR REMARKS:

i NRR ACTION: DRPM: Roe NRR RECEIVED: July 10, 1998 i i

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PAPER? NUMBER: LOGGING:DATE::Jul.D 8'/98.

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! 3 i AUTHOR: H.G. BRACK j AFFILIATION: MAINE i

! ADDRESSEE: CHAIRMAN JACKSON l

{ LETTER DATE: Jul 6 98 FILE CODE: IDR 5 MAINE YANKEE

SUBJECT:

- MAINE YANKEE ATOMIC POWER COMPANY ACTION: Signature of Chairman DISTRIBUTION: CHAIRMAN, RF, SECY/ RAS SPECIAL HANDLING: SECY TO ACK CONSTITUENT:

NOTES:

DATE DUE: 'Jul 98 hz,(,

SIGNATURE: . DATE SIGNED:

AFFILIATION:

EDO -- G980426

JUL 06 '98 15:45 HOUCK 207 374 2376 3745264000 P.2 w3 Center for Biological Monitoring, Inc.

Sponsor of RADNET: Nuclear Information on the Internet SOURCE POINTS OF ANTHROPOGENIC RADIOACTIVITY World Wide Web at http://home. acadia. net /cbm BOX 144, HULLS COVE, ME 04644 0144 207/288-5126 FAX:207/288-2725 EMAIL: sbrack@ post. acadia. net July 6,1998 Nuclear Regulatory Commission Washington, DC 20555-0001 i

Dear Chair Shirley Jackson:

l I have recently sent to you a report by the High-Level Waste Workshop entitled Patterns ofNoncompliance: The Nuclear Regulatory Commission and the Maine Yankee Atomic Power Company: Generic and Site-specific Deficiencies in RadiologicalSurveillance Programs. This report wes directed to the Department of Justice, Executive Office for U.S. Attorneys, Office of Legal Counsel as a result of our observation of numerous evasior.s and misrepresentations made prior to and during the time period in which this naport was prepared. These allegations are discussed within the report. Three fundamental areas of grossly careless NRC oversight ofits licensees such as MYAPC are evident; site-specific examples of negligent NRC interpretation and application of the radirtion protection standards in 10 CFR Part 20 include:

e failure to document the impact and accumulation of routine reactor liquid discharges to Montsweag Bay e failure to document the impact and accumulation ofisotopes derived from nonroutine loss of radiological controls e.g. the 1984 leak in the refueling water storage tank (RWST) [The pattern of contamination documented by the Duratek Characterization Survey Report packages 2501,0100,0500,0900 and 1000 appears to be from multiple chronic incidents ofloss of radiological controls rather than from one leak) e failure to document decommissioning activities having a radiological impact on offsite environs (Montsweng Bay, e.g. total discharge of the refueling water storage tank (RWST) as well as other liquid discharges and ongoing activities)

The result of this failure of oversight is the inability of the NRC or its licensee MYAPC to validate the site release criterion of 25 mrem /yr TEDE as required by 10 CFR 20.1402. C0 m a w .

There appears to be a giant loophole in NRC regulations which allows ecosystems ,23g y a g g7 q such as Montsweag Bay as well as onsite plant environs to evolve into undocumented low-level waste repositories. The long-standing use of Montsweng Bay, including Bailey Cove, as a sewer for plant-derived liquid effluents as well as

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JUL 06 '90-15:45 HOUCK 207 374 2376 3745264000 p.3

' iandvertent onsite liquid effluent spills requires characterizatim cf both effsite and onsite MYAPC environs with comprehensive 10-61 analyses for the same radionuclides which are monitored in radioactive wastes destined for near surface low-level waste land disposal sites.

The NRC cannot legally proceed with any further decommissioning activities until these unresolved issues are addressed. Any further decommissioning activities q

which occur prior to or without a more detailed characterization of the

, environmentalimpact of plant operations and decommissioning on both onsite environs as well as offsite unrestricted ecosystems such as Montsweag Bay constitute obstruction ofjustice.

The situation at the Maine Yankee Atomic Power Company is further complicated by a tendency of the NRC and its licensee (s) to evade, omit, misrepresent end obsfucate the documentation of these activities - a statutory obligation of federal inw. The wide-spread shortage of financial resources and staff at alllevels of ky ,\

government and licensee operations further exacerbate this unfortunate tendency to deceive and omit. It should be clear to any reasonable observer that neither the NRC nor MYAPC have sufficient financial resources and staff to oversee the safe and legal decommissioning of the MYAPC or any other NRC licensed reactor utilizing the prompt dismantlement method. The lack of a viable, safe and economical federal repository for any type of radioactive wete further insures that onsite safe storage is the only viable and legal decommistdoning scenario for MYAPC What action the Department ofJustice will take,if any,in view of the institutionalized evasion of documentation discussed in our report (the tip of a federal iceberg of radiological rituals of aversion) remains to be seen.

Yours truly,

/

H. . rack cc. Marsha Johnson Janet Reno Don Clark Michael Webb 2

7 . . . _ . - _ _ . _ _ _

. JUL 06 '98 15:46 HOUCK 207 374 2376 3745264C20 P.4 Center for Biological Monitoring, Inc.

Sponsor of RADNET: Nuclear Inforination on the Internet i

SOURCE POINTS OF ANTHROPOGENIC RADIOACTIVITY World Wide Web at http://home. acadia. net /cbm i BOX 144, HULLS COVE, ME 04644-0144 207/288-5126 FAX:207/288-2725 EMAIL: sbrack@ post. acadia. net

July 6,1998 i

Department of Justice  :

Constitution Ave. & loth St. NW '

Washington, DC 20530

Dear Janet Reno:

Enclosed is a report by the High-Level Waste Workshop entitled Patterns of i Noncompliance: The Nuclear Regulatory Commission and the Maine Yankee Atomic l

Power Company: Generic andSite-specific Deficiencies in RadiologicalSurveillance l Programs. This report was directed to the Department ofJustice, Executive Office for U.S. Attorneys, Office of Legal Counsel because of the unacceptable pattern of ,

omissions, evasions and misrepresentations discussed within that have characterized  !

Maine Yankee Atomic Power Company (MYAPC) reactor operations since 1972. )

I would just like to make several general observations. As a private investigator I appreciate the support and encouragement of a number of persons in law enforcement including several associated with the Department of Justice. I must observe, however, that the federal government as a whole (DOE, DOD, EPA, DOJ, NRC) exhibits a broad pattern of exceptionally dysfunctional behavior, only part of which is discussed in the recently issued report. The tendency of the NRC to resort to deception, misrepresentation or evasion in documenting the radiological impact of reactor operations is part of a larger pattern of federal evasion of documentation of the radiologicallegacy of the nuclear arms race.

In the case of the Maine Yankee Atomic Power Company, numerous instances of iliegal or unethical activities have been observed and investigated, some of them by  !

the Office of the U.S. Attorney for Maine. There are, however, a sufficient number l of unresolved or on-going illegal activities to require that a special prosecutor be appointed to combine, coordinate, and enlarge existing DOJ and NRC OI inquiries pertaining to NRC and NRC licensee failure to protect public '

health, safety, and the environment. Essential components of ajudicial review of NRC licensee activities would include:

• The failure to document routine as well as uncontrolled and accidental reactor-derived releases of radioactivity to restricted as wc!! as unrestricted environments as illustrated by the loss of radiological controls at the Mainc Yankee Atomic Power '

Company and the Yankee Electric Power Company at Haddam Neck, CT.

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, i e The failure to eversee safe react:r maintenance and operation within the licensing and design bases of NRC guidelines.

The extent to which NRC licensees have engaged in illegal and/or predatory

activities such as the MYAPC thermal power uprate scam as a result of tax NRC oversight, a shortage of staff and resources, and antiquated radiation protection

,- guidelines.

The extent to which microdegradation processes in aging reactors require early shutdown.

The failure to fund radioactive waste monitoring, storage, transportation, and disposal costs at the time the wastes were generated, as required by federal law and ,

NRC regulations. l Patterns ofNoncompliance, pg. 4 It is my observation that on the federal level, including the Executive Office for the l U.S. Attorney, the Department of Justice is out of touch with, uninformed about, indifferent to and even hostile to acknowledging its own role as an accessory to the

, activities discussed in Patterns ofNoncompliance. There are over 100 NRC licensed reactors facing decommissioning in the next 25 years. The Department of Justice j also has statutory obligations which include protecting public safety - obligations that can't be discharged by ignoring the gross failure of the NRC to oversee the unsafe and illegal activities ofits licensees. It is now clear that the NRC is not capable of resolving the numerous areas oflicensee noncompliance within its jurisdiction despite the good intentions of the NRC Office ofInvestigation. The Department of Justice must become more p'roactive and rise to the challenge posed by failure of the NRC to observe and enforce its statutory obligations.

Yours truly, H. ack l

cc. Marsha Johnson '

Don Clark Shirley Jackson Michael Webb 2