ML20202F404

Responds to ,Supplemented by Facsimile Addressed to J Callan,Executive Director for Operations, Requesting Hearing on Proposed Action by NRC Licensee. Informs That Request Denied by NRC for Listed Reasons

ML20202F404
Person / Time
Site:	Yankee Rowe
Issue date:	11/26/1997
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	Katz D CITIZENS AWARENESS NETWORK
References
CON-#497-18643 NUDOCS 9712090076
Download: ML20202F404 (5)

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% * . . * /j November 26,1997 ucama, W NDY 26 A9:21 OFFICE . f;. q ,Agy Ms. Deborah Katz, President RULU,:. A 4 .hD Citizens Awareness Network ADJUCDa . a MAFF P.O. Box 83 Shelbourne Falls, Massachusetts 01370

Dear Ms. Katz:

This letter responds to your letter, dated October 24,1997, as supplemented by your facsimile dcted October 28,1997, which was addressed to Mr. Joseph Callan, Executive Director for Operations. Because your letter requests a hearing on a proposed action by an NRC licensee, that request is properly before the Commission, rather than the NRC Staff. As more fully explained below, the Commission has denied your request.

Your letter requests a hearing on the proposed License Termination Plan (*LTP*) that has been submitted by the Yankee Atomic Electric Company ("YAEC*) for the Yankee Nuclear Power St;*9on (*YNPS* However, the Federal Register Notice that you cite as support for that nuest,62 ?qd. Reg 43559 (Aug.14,1997) does not contain the offer of a hearing. Instead, the Notice merely states that the NRC has received YAEC's LTP and that the NRC will hold a public meeting regarding the details of the LTP in accordance with the NRC's decommissioning regulations. Sag 10 C.F.R. 650.82(a)(9)(iii). The purpose of the public meeting is for the NRC Staff to receive public comments on the pruposed LTP. The Staff will consider those comments in its overall evaluation of the LTP. While the NRC has not yet established a date for this public meeting, it is planned for the near future.

As you correctly note in ycur supplement, the Federal Register Notice advises the public that the ultimate approval of the LTP will require the issuance of an amendment to the YNPS license and that, in accordance with the NRC's regulations, the issuance of that amendment willinvolve the offer of a heating. Sag gengsly 10 C.F.R. 650.82(a)(9) and (10). The NRC will publish a Federal Register Notice that includes the offer of a hearirig in association with that action; however, that Notice has not yet been issued. Accordingly, your current request le premature and is hereby denied.

Sincerely, k b John C. H le cc: Robert K. Gad, Esq. f lh llll t 9712090076 971126 PDR ADOCK 05000029 l 0 PM ,

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October 24,1997 A-c 4 f DocttTro a Joseph L. Cs!!an Executive Directive Opciation US Nuclear Regulatory Commission f ' OCI z,71997 dIINi$,jj$[sc9 Mail Stop SE6 1 White Flint, 0 11555 Rockville Pike h '.' c:oywto M Rockville, MD 20852 N yli

Dear Mr. Callan,

Citizens Awareness Network requests a hearing on the on the Ucense Termination Plan for the Yankee Rowe nuclear power station in Rowe, MA. Yankee Atomic in its License Termination plan states that there are currently 533 irradiated fuel assemblies, a small amount of configured fuel, and 21 canisters of Greater than Class C (GTCC) waste stored in the STF. Ahhough a ' final

• decision has not been made cn the long term storage method for the irradiated fuel, Yankee states . . * (the).. design and certification of a dry cask storage facitrty suitable for Yankoe-class fuel is currently underway.' '

Yankee continues ..*All spent fuel will be transferred from the SFP when the dry cask storage facihty is complete.'2 and .. ."The second phase of decommissioning will commence once the spent fuel and GTCC waste have been transferred to the dry cask storage facilsty or taken off sute. The SFP and the system. structures. and components th svooort it will be dismantled and decontaminated. (our emphasis)

Cl:izens Awareness Network beheves the removal of the pool raises serious health and safety concerns for workers, the public and the environment. The removal of the fuel pool is unprecedented with the storage of high level waste on site. In the event of cask leakage without a pool there is no effective means to transfer fuel to another cask. In addition, there have been serious problems encountered with the casks that are presently in use such as deterioration of cask materials, problems with loading and unloading, and non.

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The transfer of fuel from the Spent Fuel Pit to dry casks will involve Ivfting rasks over the SFP, thus creating the potential for a cask drop accident that could cause a men down w serious off sde releases.

In addition, the vagueness of the License Termination Plan is of serious concem. The plan does not adequately desenbe Yankee's planned activities or its controls.

CAN objects to Yankee Atomic's continued operation of its facierty under its 10 CFR P license rather than the applicable 10 CFR part 72. Part 72 was specifically riesigned to address dry cask storage and public health and safety at an ISFSI. We ere concerned craation of an ISFSI under an operating license serves to avoid the necessary d in part 72 i f requirements for safe irradiated fuel storage. This would set as de sa eguar s such as environmentallmpact studies, adjudicatory hearings, and strict regulatory  :

oversight. It abdicates NRC's role as regulator and avoids necessary oversight of the licensee until the f acility is completed. This is irrational and capricious..

CAN is also concerned because the creation of the ISFSI under an operating license c allow Yankee Atomic to develcp multi-purpose casks without licensee having to meet the requirements and standards of the certificate of compliance process.

Therefore CAN requests a hearing on the potential for the removal of the irradiated fuel to dry cask storage and the removal of the SFP under 10 CFR 50 rather than 10 CFR 72 Sincerely, Deborah Katz President Citizens Awareness Network

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...AFF ADJUDk t 10/28/97 PA Joseph Cal:an c/o Mr Emile Julian, Esq Docketing ard Service Branch U S. Nuclear Rogulatory Commission Was','.ngton, DC 20555 By f-ax Transmission Re F.kng on October 24,1997 Roquestnig Hearing on Site Termination Plan for Yankoo Nuclear Power Station. Rowe, Massachusetts (Docket 50-029)

Dear Mr Callan,

Please note that as an amendment to the previnus filing by letter in refarence to the above matter, the following amendment is mate to the first paragraph.

This filing is made pursuant to the notice in 62 Fed Reg. 43559 (August 8.1997),

which states The LTP was submitted in conformance to NRC regulations 10 CFR 50.82(a) (9) and (10). The LTP would be approved by the NRC through a'ilcense amendment this process will offer an opportunity for a hearing Id, Please amend all copies of the referenced fahng to conform with this correction.

Thank you for your assistance in this matter.

Sincerely, V

Deborah Katz President Citeens Awareness Network

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14, 1997 / Notic:s 43559 Feder:1 Register / Vol. 62. No.1$7 / Thursday, August meeting is fall 1997 ar.d to be held in 8.30 a.m. until the conclusion of '

y be delivered to the Comminion's the vicinity of the plant. The plant is business.

Mic Document Roem, the Celman Prepamflon of ACNWReoorts-The located in Rowe Township, Franklin Committee will discuss propond

'1 ding,2120 L Street, NW., County, Masochusetta. In addition to sshirigton, DC, by the above date. A reports. including NRC high level waste the future notice in the Federal performance nuessment capability, py of the petition should also be sent Register, the NRC will place advance the Office of the General Counsel, application of probabilistic methods to nouces in local newspapers identifying Performance assessment, and

.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the date, time, and place of the meeting. appmeches to implement multiple

• YNPS was permanently shut down on barriers and defense in. depth in 10 CFR Jack R. Newman, Esq , Morgan, Lewis & October 1,1991, Since that time, the 60.

IbtLius,1000 M Street, N.W.,

licensee has performed substantial Thursday, September 25,1997-8:30 Washington, DC 2004-5869, attomey decontamination and dismantlement at o.m. until the conclusion of business.

for the licensee. the plant with the intent to restore the A. W bility Assessment-The Nontimely filings of petitions for luva to intervene, amended petitions, site to "greenfleid" conditions. The LTP Committee will discuss the statue of the

' supplemental petitions and/or requests was submitted in conformance to NRC Viability Assessment including design for hearing will not be entertained regulations 10 'TR 50.82(a)(9) and (10). options, total systems performance The LTP would be approved by the NRC assessment, cost estimates, and absent a determination by the Cornmission, the pmalding officer or the through a license amendrnent: thisschedule. The Committee may also hear an update on the progress of the i presiding Atomic Safety and Licensing hrocess earing. will offer an opportunity for a Integrated Safety Pf aliminary Bc rd that the petition and/or mquest The LTP is available for public (

should be granted based upon a inspection at the YNPS tocal Public

^ *["[,*hancfd S E Chometeriraflors L^1:ncing of the factors specified in 10 Document Room (LPDR), located in the The Committee will discuss the progress CFR 2.714(a)(1)(iHvl and 2.714(d). of the enhanced site characterization For further details with respect to this Library of the Creenfield Community College Library,1 College Drive, program, inclu ling the status of Cl-36 action, see the a llcation for Greenfield, Massachusetts,01301 and at sampling, and descri tion of the east-3 smendment dat August 6,1997, west drift. Additiona topics may which is available for public inspection the Commission Public Document Room,2120 L Street, NW., Washington, include the Amargosa Valley p pulation et the Commission's Public Document DC 20037. The YNPS LTP is dated May Room, the Gelman flullding. 2120 L 15,1997, and can be located in the survey interin fligh$Level waste retrievability, Waste Disposal and DOE's Street, NW., Washington, DC, and at the public document roomt under Standard loc:1 public document room located at C. Public Comments-The Committee the Wharton County Junior College, J. Acceufon Number 97032103e8.

Comments reEarding the LTP of a will hear comments from members of M. llodges Learning Center,911 Holing the public, representatives from the t hghw ay, Wharton, TX. proposed met: ting date may be submitted within the 45 day from the State of Nevada and affected local Dated at Rocbille, Maryland, this eth day lasuance of this notice,in writing, to Mr. counties, and Tribal Nations on of August 1997. Morton D. Fairtile, MS: 011-d20, U.S. r.oncerns related to nuclear waste For the Nur;,,ar Regulatory Commluion. Nuclear Regulatory Commission, disposal Nmas W. Alenton, D. Pirpantion of ACNW Bepo:1s- -

Prmec t Manager. Protect Unrectomte n'It, Washington, DC 20555-0001. Ile can be The Committee will discuss proposed reached at 301-415-1442. reports including NRC high4evel waste Dmston n/ Reactor Pmfects MM Office of Dated at Rockville, Maryland. this 8th day Nuclear Neoctor Regulation- performance assessment capabi'aty, ifR Doc. 9h21517 Fded th13-97; e 45 ami of August 1997. application of probabilistic methods to For the Nuclear Regulatory Commission. performance assessment, and sueca coos mo-ow Marvia M. Mendonca, appmaches to implement multiple Acting Director, Non-Powr Reactors and barriers and defense in depth in to CFR Decommissioning Prefect Direcromte, 60.

NUCLEAR REGULATORY DMsion of Reactor Pmgmin Management.

COMMtSSION IL Committee ActMties/ Future Office of Nuclear Reactor Regulation. Agendo-The Committee will consider (Docket No. 5649) IFR Doc. 97-21516 F0ed tW13-97; e.45 aml 10Pi cs proposed for future consideration '

OfDee of Nuclear Reactor Regulation, asue.o ooon ruww by the full Committee and Working ,

Yankee Atomic Electric Co., Yankee Groups.The Committee will discuss

• Nuclear Power Station; Notice of ACNW related activities of individual NUCLEAR REGULATORY members.

RecMpl of and Avaltability for Comment on the Facility Ucense COMM!SSION F. Miscellaneous-The Committee will discuss miscellaneous matters Termination Plan Advisory Committee on Nuclear Waste; Notice of Meeting related to the conduct of Committee The U S. Nuclear Regulatory activities and organ 1 rational activities Commission (NRC)is in receipt of and The Advisory Committee on Nuclear and complete discussion of matters and is making available for public specific issues that were not completed Weste (ACNW) will hold its 94th inspection and comment the facility meeting on September 23 and 25,1997 ~ during previous meetings, as time and License Termination Plan (LTPl for the at the MireEn llotel, Grand ballroom B availability of information permit.

Yankee Nuclear Power Station (YNPS or and C,3400 Las Vegas Boulevard South. Procedures for the conduct of and the plant) A meeting on the LTP at Las Vegas, Nevada- participation in ACNW meetings were which the public will be able to make The entire meeting will be open to published in the Federal Register on comments or question the NRC or October 8.1996 (61 FR 5281G in Yankee Atomic Power Company public attendance. accordance with these procedures, oral The schedule for this meeting is as ettendece will t>e the n. tinct of a future follows: Tuesday, September 23,1997- or written statements may be presented notke. A proposed time period for this

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