ML20203C093
| ML20203C093 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/19/1998 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Treat S SENATE |
| Shared Package | |
| ML20203C097 | List: |
| References | |
| NUDOCS 9802250069 | |
| Download: ML20203C093 (7) | |
Text
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t UNITED STATES g
j NUCLEAR REGULATORY COMMISSION WASHINGf oN, D.C. 205re 0001 59 *. + +,o February 19. 1998 The Honorable Sharon Anglin Treat
,c Maine Senate 30 3 D '
District 18 3 State House Station Augusta, Maino 04333
Dear Ms. Treat:
I have boon asked to respond to your letter of October 29,1997, to Senator Susan Collins regarding the U.S. Nuclear Regulatory Commission's (NRC's) decommissioning regulations i
and the decommissioning of the Maino Yankeo Atomic Power Station.
You note that "the current rules provido for very little public participation" in the decommissioning process. As you are aware, the NRC staff has conducted two public mootings at which it discussed the decommissioning process in general and the Maino Yankoo Post Shutdown Decommissioning Activities Report (PSDAR). At these meetings,it was explained that initial decommissioning activities (Including dismantlement) are not significantly difforent from routine operational activities, such as replacement or refurbishment, and do not present significant safety issues on which NRC approval decision would be required. T;ierefore, the licensoo is permitted to conduct these activities without the nood for a licenso amendment and its associated opportunity for a public hearing.
Nonetholoss, the Information meetings are intended to inform the public of the licensee's decommlssioning activities.
The NRC will convene a public meeting following receipt of the Maine Yankee license termination plan. In addition, because the final sito disposition is determi. led at that time, a more formal pubiic participation process is provided at the termination stage of decommissioning. NRC regulations provide the public with an opportunity to request a hearing on the license termination plan and provide that approval of the plan be by license p
amendmont. Also, as the licensee decommissions the plant, it has submitted, and will CL continue to submit, license amendment requests whenever the licensee proposes to perform CM en action not previously authorized by its license Each license amendment gives the public CD a chance to comment and to request a hearing.
W You also state that the PSDAR is "an inadequate blueprint" for the decommissioning
- [ l process. The purpose of the PSDAR is to provide a general overview for the public and the M
NRC of the licensee's proposed decommissioning activ; ties. The PSDAR is part of the t1 mechanism for informing the public of any significant decommissioning activities before w
they take place, it also informs the NRC staff of the schedule of licensee activities for I S '3 5 5
in inspection pionning purposes preparatory to decisions regarding NRC oversight activities, k
The NRC does not expect the PSDAR to provide a day to day schedule of proposed p
activities. Through at least September 1998, the NRC will maintain on site at Maine (T
Yankee a resident inspector (RI), who will be able, on a daily basis, to observe the licensee's Ej activities. In this role, the RI will periodically attend Maine Yankee planning and management mootings, which will provide schedule information about proposed activities.
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Senater Sharon Anglin Treat 2-The NRC staff willinspect these activities, as appropriate. The licensee for Mame Yankee has expressed a willingness to present to the NRC (and to the public by virtue of NRC's open meeting practices) briefings on its proposed activities, as requested by the NRC, Additionally, the licensee has established a Community Advisory Panel, through which it intends to inform the public, on a periodic basis, of its proposed activities. Therefore, the PSDAR does not serve as the detailed blueprint by which the licensee will conduct its decommissioning activitiesl other sources of information provide the more detailed site specific information on the decommissioning process.
You also raise the concern that the Commission's reputations appear to be contrary to the National Environmental Policy Act (NEPA) because the NRC regulations do not require a site-specific environmentalimpact statement (EIS) for decommissioning. NEPA requires that an EIS be prepared when a proposal for major Federal action significantly affects the quality of the human environment. The Commission complied with NEPA by issuing a final environmental statement related to the operation of the Maine Yankee plant and by issuing the 1988 " Final Generic Environmental Statement on Decommissioning of Nuclear Facilities." In promulgating its regulations, the Commission determined that application of the decommissioning rule will not have a significant impact on the environment and, therefore, a site specific EIS for decommissioning is not necessary. Nonetheless, NRC has required, in its regulations, that licensees indicate in the PSDAR the reasons for concluding that their planned activities are bounded by the final generic EIS and previous site specific EISs. Maine Yankee Atomic Power Company has done this in their PSDAR submittat dated August 27,1997. Also, as stated previously, as the licensee decommissions the plant, it will continue to submit license amendment requests whenever it proposes to perform an action not previously authorized by its license, in addition to providing an opportunity for public comment and to request a hearing, license amendment requests, except for those covered by the categorical exclusions in 10 CFR 51.22, are also subject to an environmental review. For those amendment requests which are not covered by the categorical exclusions in 10 CFR 51.22, the environmental review typically takes the form of an environmental assessment, but if the proposed action could have a significant impact on the environment, NEPA requires that the NRC prepare an EIS.
If you believe that the current regulations do not adequately on a generic level address your concerns, you have the opportunity to petition the Commission to issue, a. tend, or rescind any regulation. Your petition for rulemaking should be addressed in the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 0 1 1, Attention: Chief, Docketing and Service Branch, Guidance is provided in Section 802 of Part 2 of Title 10 of the Code of Federal Reaulations (10 CFR 2.802). If you have questions regarding petitioning the Commission, you may contact Michael Lesar of the Office of Administration at 301-415-7163.
The NRC intends to maintain an active inspection program to provide oversight of activities during decommissioning. The PSDAR and updates of the Maine Yankee decommissioning schedule will be used to schedule NRC inspection resources for significant decommissioning activities.
i Y
Senator Sharon Anglin Treat 3-We appreciate your interest in the decommissioning of Maine Yankee. The NRC staff takes seriously its duty to protect public health and safety and the environment, which includes free communications with all citizens. I trust that this letter addresses your concerns. If I can be of further assistance, please contact me.
Sincerely, i
M1 h,
- L. Jo eph Callan Exe tive Director for Operations cc: Senator Susan M. Collins t
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Senator Sharon Anglin Treat 3-We appreciate your interest in the decommissioning of Maine Yankee. The NRC staff takes seriously its duty to protect public health and safety and the environment, which includes free communications with all citizens. I trust that this letter addresses your concerns, if I can be of further assistance, please contact me.
Sincerely, OriginalSigned by Hugh L.nompson,Jr.
l L. Joseph Callan Executive Director j
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l cc: Senator Susan M. Collins DISTRIBUTION:
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PUBLIC (w/ incoming)
EHylton (w/ incoming)
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SUBJECT:
GREEN TICKET 850 BLAME DAIE
- 1. TECH ED BCature 1/23/98
- 2. M. Webb
.1/23/98
- 3. M. -. Masnik 12'1L93 I
- 4. E. Hviton 1/30/98 4a. OGC AHodgdon 1/29/98
- 5. S. Weiss 1/29/98 r
- 6. J. Roo
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GREEN TICKET: GT970856 DUE TO NRR: 2/12/98 PLEASE DO NOT REMOVE THIS SHEET FROM THE PACKAGE
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CAN THIS DOCUMENT BE DELETED?
YES NO SHOULD THIS DOCUMENT BE STORED ON A DISK?
YES NO
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gj.g 4,,,9, (wiy ACTION EDO Principal Correspondence Control FROMt DUET 12/24/97
.EDO CONTROL G970856 DOC DTt 11/25/97
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8:nctor Susan Coll,'.ns FINAL REPLYt TO:
R2thbun, OCA FOR SIGNATURE OF :
IDESCI ROUTINGt 1
COHCERNS REGARDING DECOMMISSIONING OF MAINE YANKEE Callan (State Senator Sharon Anglin Treat'.)
Thadani Tnompson Norry Blaha DATE: 12/12/97 Burns Miller, RI ASSIGNED TO:
CONTACT:
Paperiello,NMSS l
Cyr, OGC
_NRR Collins SPECIAL INSTRUCTIONS OR REMARKS:
HRR RECEIVED:
December 12, 1997 NRR ACTION:
DRPE:B0GER NRR ROUTING:
COLLINS MIRAGLIA ZIMMERMAN ACll,3r1 SHERON ROE TRAVERS DUETOl'llR D' RECTOR'S Ci?i E i B0HRER By_[ j 22, /
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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER _ NUMBER:
CRC-97-1164 LOGGING DATE: Dec 10 97
]
ACTION OFFICE:
EDO AUTHOR:
SEN SUSAN COLLINS AFFILIATION:
U.S. SENATE i
ADDRESS":
RATHbUN 1-LETTER DATE:
Nov 25 97 FILE CODE: IDR 5 MAINE YANKEE i
j
SUBJECT:
DECOMMISSIONING OF MAINE YANKEE ACTION:
Signature of EDO DISTRIBUTION:
CHAIRMAN, COMRS l
SPECIAL HANDLING: OCA TO ACK i
CONSTITUENT:
SHARON TREAT
)
NOTES:
i DATE DUE:
Dec 24 97 e
SIGNATURE:
DATE SIGNED:
i AFFILIATION:
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