ML20203B889

Forwards Copy of Fr Notice Published on 980128 Providing Opportunity to Either Make Comments on Proposed Yankee Atomic Electric Co License Termination Plan or to Request Hearing on Plan

ML20203B889
Person / Time
Site:	Yankee Rowe
Issue date:	02/05/1998
From:	Fairtile M NRC (Affiliation Not Assigned)
To:	NRC
References
NUDOCS 9802240442
Download: ML20203B889 (7)

Text

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[ February 5, 1998-TO WHOM IT MAY CONCERN *

SUBJECT:

COPY OF FEDERAL REGISTER NOTICE AS REQUESTED BY YOU AT NRC JANUARY 13,1998 PUBLIC INFORMATIONAL MEETING '

As you requested at the subject meeting, I am enclosing a copy of the Federal Register Notte that was published on January 28,1998. This notice provides an opportunity to either make comments on the proposed Yankee Atomic Electric Compaay Lice 1se Termination Plan or to request a hearing on the Plan. Persons interested in requesting a nearing should consult with the Commission's " Rules of Practice for Domestic Licensing Proceedings"in 10 CFR Part 2. Comments may be sent in at any time; however, a request for a hearing must be filed by February 27,1998.

Sincerely, l

ORIGINAL SIGNED BY:

Morton B. Fairtile, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate D! vision of Reactor Program Management Office of Nuclear Peactor Regulation Docket No. 50-29

Enclosure:

As stated i

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SUBJECT:

COPY OF FEDERAL REGISTER NOTICE AS REQUESTED BY YOU AT NRC JANUARY 13,1998 PUBLIC INFORMATIONAL MEETING As you requested et the subject meeting, I am enclosing a copy of the Federal Register Notice that was published on January 28,1998. This notice I.rovides ar opportunity to either make comments on the proposed Yankee Atomic Electric C.mpany License Termination Plan ur to request a hearing on the Plan. Persons interested in requesting a hearing should consult with the Commission's " Rules of Practice for Domestic Licensing Proceedings"in 10 CFR Part 2. Comments may be sent in at any time; however, a request for a hearing must be filed by February 27,1998.

Sinc " !y, ORIGINAL SIGNED BY:

Morton B. Fairtile, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50-29

Enclosure:

As stated DISTRIBUTION:

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+ February 5, 1998 i TO WHOM IT MAY CONCERN:

SUBJECT:

COPY OF FEDERAL REGISTER NOTICE AS REQUESTED BY YOU AT NRC JANUARY 13,1998 PUBLIC INFORMATIONAL MEETING As you requested at the subsci . eating, I am enclosing a copy of the Federal Register Notice that was published on Januar / 28,1998. This notice provides an opportunity to either make comments on the proposed Yankee Atomic Electric Company License Termination Plan or to request a hearing or, the Plan. Persons interested in requesting a hearing should consult with the Commission's " Rules of Practice for Domestic Licensing Proceedin0s" in 10 CFR Part 2. Comments may be sent in at any time; however, a request for a hearing must be filed by February 27,1998.

Sincerely, WGB-Morton B. Fairtile, Senior Project Manager Non-Power Reactors and Decommissionin0 Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50-29

Enclosure:

As stated r '

DOCUMENT NAME: G:\SECY\FAIRTILE\ NOTICE (NOTE: THIS LIST DID NOT GO TO ADDRESSEES, ONLY FOR INTERNAL PURPOSES) hir. Jon Niedzielski Congressman Olver's Office 490 Westfield Road Holyoke, hiA 01040 his Nancy L. Dole 98 hiechanic Street P. O. Box 74 Shelburne Falls, hiA 01370 his. Deborah Katz Box 83 Shdburne Fall, hiA 01370 his. Peggy Sloan Franklin Regional Council of Govts.

425 hiain Street

, Greenfield, hfA 01301 l hir. Tom hiatuszko l

Berkshire Regional Planning Com 10 Fenn Street Pittsfield, hfA 01201 hir. Sam Lovejoy Box 177 hiontague, hfA 01351 hir. Chai:ie Olenowski 28 Smith Street Greenfield, h1A 01301

4308

. Federal Register /Vol. 63, No.18/ Wednesday, January 28,1998 / Notices I

NUCLEAR REGULATORY However, should circumstances cnange COMMISSION  !

during the notice period such that Biwookly Notice; Applications and failure to act in a timely way would l Amendments to FacHity Operating result, for example, in derating or Licenses involving No S3gnificant shutdown of the facility, the Commission may issue the license Hazards Considerations amendment before the expiration of the L Background 30-da notice period, provided that its Pursuant to Public Law 97-415, the final etermination is that the U.S. Nuclear Regulatory Commission amendment involves no significant (the Commission or NRC stafflis hazards consideration. The final publishing this regular biweekly notice. determination will consider all public and State comments received before Public Law 97-415 revised section 189 of the Atomic Energy Act of1954,as action is taken. Should the Commission amended (the Act), to requite the take this action, it v ill publish in the Federal Register a w(ice ofissuance Commission to publish notice of any amendments issued, or proposed to be and provide for opportunity for a issued, under a new provision of section hearing after issuance. The Commission 189 of the Act. This provision grants the expects that the need to take this action Commission the authority to issue and will occur very infrequently.

Written comments may be submitted make immediately effective any by mail to the Chief Rules and amendment to an operating license Directives Branch, Division of upon a determination by the Administratio,. Services Office of Commission that such amendment involves no significant hazards Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-consideration, notwithstanding the 0001, and should cite the publication pendency before the Commission of a date and page number of this Federal request for a hearing from any person.

This biweekly notice includes all Register notice. Written comments may also be delivered to Room 6D22, Two noticas of amendments issued. or propcsed to be issued from January 5, White Flint North- 11545 Rockville Pike, Rockville, Maryland from 7:30 1998, through January 15,1998. The last biweekly notice was published on a.m. to 4:15 p.m. Federal workdays.

Copies of written comments received January 14,1998 (63 FR 2271).

may be examined at the NRC Pu'olic Notice ofConsideration ofIssuance of D cument Room, the Gelman Building.

Amendments to Facility Operating 2120 L Street, NW., Washington, DC.

Licenses, Proposed No Significant The filing of requests for a hearing and Hazards Consideration Determination, pe*itions for leavo to intervene is and Opportunity for a Hearing discussed below.

By February 27,1998, the licensee The Commission has made a may file a request for a hearing with proposed determination that the respect to issuance of the amendment to following amendment requests involve no significant hazards consideration. the subject facility operating license and any person whose interest may be Under the Commission's regulations in affected by this proceeding and who to CFR 50.92, this meatu that operation wishes to participate as a party in the of the facility in accordance with the proposed amendment would not (11 proceeding must file a written request for a hearing and a petition for leave to involve a significant increase in the intervene. Requests for a hearing and a probability or consequences of an petition for leave to intervene shall be accident previously evaluated; or (2) filed in accordance with the create the possibility of a new or Commission's " Rules of Practice for different kind of accident from any Domestic Licensing Proceedings"in 10 accident previously evaluated; or (3) CFR Part 2. Interested persons should involve a significant reduction in a consult a current copy of to CFR 2.714 margin of safety. The basis for this proposed determination for each which is available at the Commission's Public Document Room, the Celman amendment request is shown below. Building. 2120 L Street NW.,

The Commission is seekir.g public Washington, DC and at the local public comments on this proposed document room for the particular deterrr! nation. Any comments received facility involved. If a request for a within 30 days af.er the date of hearing or petition for leave to intervene publication of this notice will be is filed by the above date, the considered in making any m f' al Commission or an Atomic Safety and determination.

Normally, the Commission will not L icensing Board, designated by the Commission or by the Chairman of the i, sue the amendment until the Atomic Safety and Licensing Board e .piration of the 30-day notice period. Panel, will rule on the request and/or

e Federal Registir/Vol. 63. No.18/ Wednesday, January 28,1998 / Notices 4309 petition; and the Secretary or the Those permitted to intervene become designated Atomic Safety and Licensing parties to the proceeding, subject to any )

j 3oard will issue a notice of a hearing or limitations in the order granting leave tc, an appropriate order. intervene, and have the opportunity to l

As required by 10 CFR 2.714, a participate fully in the conduct of the petition for leave to intervene shall set hearing. including the opportunity to forth with particularity the interest of present evidence and cross-examine the petitioner in the proceeding, and witnesses.

how that interest may be affected by the if a hearing is requested, the results of the proceeding. The petition Commission will make a final should specifically explain the reasons determination on the issue of no why intervention should be permited significant hazards consideration. The with particular reference to tne final determination will serve to decide following factors:(1) the nature of the when the hes gn is held.

petitioner's right under th9 Act to be if the fina! notermination is that the made a party to the prweeding:(2) the amendment request involves no nature and extent of tte petitioner's significant hazards consideration, the property financial, or other interest in Commission may issue the amendment the procewding: and (3) ce pocsible and make it immediately effective.

effect of any order which may be notwithstanding the request for a entered in the proceeding on the hearing. Any hearing held would take petitioner's interest. The petition should place after issuance of the amer.dment.

also identify the specific aspect (s) of the If the final determination is that the subject matter of the proceeding as to amendment request involves a which petitioner wishes to intervene, significant hazards consideration, any Any person who has filed a petition for hearing held would take place before leave to intervene or who has been the issuance of any amendment.

l admitted as a party may amend the A request for a hearing or a petition petition without requesting leave of the for leave to intervene must be filed with Board up to 15 days pnor to the first the Secretary of the Commission. U.S.

prehearing conference scheduled in the Nuclear Regulatory Commission, proceeding, but such an amended Washington, DC 20555-0001, Attention:

petition must satisfy the specificity Rulemakings and Adjudications Staff, or requirements described above. may be delivered to the Commission's Not later than 15 days prior to the first Public Document Room, the Gelman prehearing conference scheduled in tne duilding. 2120 L Street, NW.,

proceeding, a petitioner shall file a Washington. DC, by the above date. A supplement to the petition to intervene copy of the petition should also be sent which must include a list of the to the Office of the General Counsel, contentions which are sought to be U.S. Nuclar Regulatory Commission, litigated in the matter. Each contention Washington. DC 20555-0001, and to the must consist of a specific statement of attorney for the licensee.

I the issue of law or fact to be raised or Nontimely filings of petitions for controverted. In addition, the petitioner leave to intervene, amended petitions, shall provide a brief explanation of the supplemental petitions and/or requests bases of the contention and a concise for a hearing will not be entertained statement of the alleged facts or exper, obsent a determination by the opinion which support the contention Commission, the presiding ofricer or the and on which the petitioner intends to Atomic Safety and Licensing Board that rely in proving the contention at the the petition and/or request should be hearing. The petitioner must also granted based upon a balancing of provide references to those specific factors specified in to CFR 2.714(a)(1) sources and documents of which the (i)-(v) and 2.714(dl.

petitioner is aware and on which the For further details with respect to this petitioner intends to raly to establish action, see the application for those facts or expert opinion. Petitioner amendment which is available for must provide sufficient information to public inspection at the Commission's show that a genuine dispute exists with Public Document Room. the Gelman the applicant on a material issue of law Building. 2120 L Street. NW.,

or fact. Contentions shall be limited to Washington, DC. and at the local public matters within the scope of the document room for the particular unendment under consideration. The facility involved.

Contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a suppleraent which satisfies these require nents with respect to at least one

, contention will not be permitted to participate as a party.

e h .

4328 Federal Register /Vol. 63, No.18/ Wednesday, January 28,1998 / Notices decommissioning and fuel storage activities described in the License Term' nation Plan are consistent with j those in the approved Decommissioning Plan. The propor.ed change does not affect plant systems, structures, or components in any way not previously evaluated in the approved Decommissioning Plan, and no new or different failure modes will be created.

Therefore, the proposed change is administrative in nature and does not create the possibility of a new or different kind of accident from any previously evaluated.

3. Involve a significant reduction in a margin of safety. Approval of the Yankee Atomic Electric Company, License Termination Plan by license Docket No.50-029, Yankee Nuclear amendment is administratin in nature Power Station, Franklin County, since ad decommissioning and fuel M ts storage activities described in the License Tarminatmn Plan are consistent Date of amendment request: with those in the approved December 18,1997.

Decommissioning Plan. Therefore, the Description of amendment request: By proposed change does not involve a i

letter dated May 15,1997, the licensee l significant reduction in a margin of

' submitted a License Termination Plan. safety.

The NRC previously pubtf shed a notice The NRC staff has reviewed the dated August 14,1997,in the Federal licensee's analysis and, based on this Register (62 FR 43559) advising of review, it appears that the three receipt of the Plan. The proposed standards of to CFR 50.92(c) are request is for a license amendment satisfied. Therefo e, the NRC staff approving the Plan for the Yankee proposes to determine that the Nuclear Power Station, amendment request involves no Basis for proposed no significant significant hazards consideration.

hazords consideration deterrnination: Local Public Document Room As required by 10 CFR 50.91(a), the location:Greenfield Community licensee has provided its analysis of the College,1 College Drive, Greenfield, issue of no significant hazards Massachusetts 01301.

consideration, which is presented Attorneyfor licensee: Thomas Dignan, below: Esquire, Ropes and Gray, One The proposed change will not: International Place, Boston,

1. Involve a significant increase in the Massachusetts 02110-2624.

probability of consequences of an NRC Project Director: Seymour H.

accident previously evaltrated. Accident Weiss.

analyses are included in the approved Decommissioning Plan and incorporated into the FSAR. All decommissioning and fuel storage activities described in the License Termination Plan are consistent with -

those in the approved Decommissioning Plan. No systems, structures, or components that could initiate or be required to mitigate the consequences of an accident are affected by the proposed change in any way not previously evaluated in the approved Decommissioning Plan. Therefore, the proposed change is administrative in nature and does not involve on increase in the probability or consequences of an accident previously evaluated.

2. Create the possibility of a new or different kind of accident from any accident previously evaluted. Accident analyses are included in the approved Decommissioning Plan and are incorporated into the FSAR. All

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