ML20205G980

Responds to to Chairman Jackson of Nrc,Expressing Concerns Related to 10CFR61, Licensing Requirements for Land Disposal of Radioactive Waste

ML20205G980
Person / Time
Site:	Maine Yankee
Issue date:	03/15/1999
From:	Weiss S NRC (Affiliation Not Assigned)
To:	Brack H AFFILIATION NOT ASSIGNED
Shared Package
ML20205G983	List: ML20205G980 ML20205G984
References
NUDOCS 9904080007
Download: ML20205G980 (6)

Text

e, l' a arc UNITED STATES j[kW i,kj t NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 i

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N March 15, 1999 Mr. H. G. Brack l Center for Biological Monitoring l P.O. Box 144 l Hull's Cove, ME 04644-0144

SUBJECT:

RADIOLOGICAL MONITORING REQUIREMENTS OF 10 CFR PART 61 I I

Dear Mr. Brack:

l'm responding to your letter of January 5,1999, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) in which you expressed concerns related to 10 CFR Part 61, l

" Licensing Requirements for Land Disposal of Radioactive Waste." in addition, you made l several observations regarding your perceptions of insufficient radiological monitoring of i activities at facilities regulated by the NRC. J i

You noted that the environs of Maine Yankee Atomic Power Station (Maine Yankee)"are clearly an unmonitored, undocumented radioactive waste disposal area" such that the NRC and Maine Yankee are in " habitual and generic violation of the requirements of 10 CFR Chapter i Part 60 et al. especially that of 61.53." We do not agree with your " violations" of 10 CFR Part 60 and 61 at Maine Yankee. As stated in 10 CFR 60.1, Purpose and Scope, Part 60 of Title 10,

" Disposal of High-Level Radioactive Wastes in Geologic Repositories." applies only to the U.S. Department of Energy. The regulation clearly states that is does not apply to any activity licensed under another part of Chapter I. You have also incorrectly applied 10 CFR Part 61 to the decommissioning activities taking place at Maine Yankee. As stated in 10 CFR 61.1,

//

Purpose and Scope,10 CFR Part 61 establishes requirements for a prospective licensee for /7 establishment of a land disposal facility for the receipt of radioactive waste from other persons. p The regulation specifies that disposal of radioactive waste by an individual licensee (such as c4M Maine Yankee and other power reactor facilities) is set forth in 10 CFR Part 20.

Specifically, the applicable regulation within 10 CFR Part 20 for the decommissioning activities at Maine Yankee is Subpart E, " Radiological Criteria for License Termination." This regulation permits the release of sites if the annual dose to a member of the public would not exceed 25 mrem and the residual radioactivity has been reduced to a level that is as low as is reasonably achievable. The licensee is responsible for conducting its decommissioning activities in accordance with NRC regulations. 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 independent radiological survey of the licensee's site to verify the licensee's compliance with regulatory requirements.

l The NRC will terminate the Wense only when it is satisfied that the licensee's site is remediated I to the levels specified in the regulations.

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-2 March 15, 1999 u

." You provid:d a copy of " Radioactivity in Food and the Environment,1997," which was compiled for the British Ministry of Agriculture, Fisheries, and Food and the Scottish Environment i

Protection Agency, as an example of what you considered to be a comprehensive radiological surveillance program. As I discussed in a previous letter to you dated October 5,1998, the i Commission believes that the radiological environmental monitoring programs required of licensees are adequate. If you believe that the current regulations of 10 CFR Part 20 do not I

adequately address your concerns, you have the opportunity to petition the Commission to issue, amend, or rescind any regulation. Your petition for rulemaking should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention-Rulemakings and Adjudications Staff. Guidance is provided in Section 802 of Part 2 of Title 10 of the Code of Federal Regulations,(10 CFR 2.802). If you have questions regarding petitioning the Commission, you may contact Mr. Michael Lesar of the Office of Administratioa at 301-415-7163.

You also expressed dissatisfaction with the citizen advisory panels that Maine Yankee and other plants have established to communicate with the public during the decommissioning process. There is no regulatory requirement for these facilities to do so. They are performing these community outreach programs on their own initiative. Therefore, the NRC is not able to require Maine Yankee or the others to modify the way in which they interact with the public through these organizations.

You also stated that you believed that the NRC staff is not applying its regulations i appropriately. Because you have indicated potential inadequacies on the part of the staff, I have forwarded your letter to the NRC Office of the Inspector General for their consideration.

Thank you for informing us of your concerns. Unless the NRC receives additionalinformation (

that suggests that our conclusions should be altered, we plan no further action on this matter.

Should you have any additional questions, or if I can be of further assistance in this matter, please call me toll-free at 1-800-368-5642.

Sincerely, ORIGINAL SIGNED BY:

l Seymour H. Weiss, Director Nen-Power Reactors and Decommissioning Project Directorate Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-309 DISTRIBUTION:

HARD COPY EMAll COPY Docket File 50-309 MWebb RBurrows WHuffman DScaletti PUBLIC JLee (012-ES) RDudley TKenyon LTnonus PDND r/f EHylton MFairtile AMarkley DWheeler SWeiss JHickey (T7-F27) TFredrichs JMinns SNalluswami MMasnik DMatthews (012-ES) PHarris Pray JZwolinski(013-FA) SRichards(OGD1)

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MWebb e' Et! on MMadnfk JLee SWeiss 3 / 1 /99 3/ /99 7/ y /99 /- /99 3 //5/99 OFFICIAL RECORD COPY DOCUMENT NAME: G:\SECY\WEBB\BRAKPT61.WPD

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You provided a copy of " Radioactivity in Food and the Environment,1997," which was compiled for the British Ministry of Agriculture, Fisheries, and Food and the Scottish Environment Protection Agency, as an example of what you considered to be a comprehensive radiological surveillance program. As I discussed m a previous letter to you dated October 5,1998, the Commission believes that the radiological environmental monitoring programs required of l licensees are adequate. If you believe that the current regulations of 10 CFR Part 20 do not adequately address your concerns, you have the opportunity to petition the Commission to issue, amend, or rescind any regulation. Your petition for rulemaking should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:

Rulemakings and Adjudications Staff. Guidance is provided in Section 802 of Part 2 of Title 10 of the Code of Federal Regulations, (10 CFR 2.802). If you have questions regarding petitioning the Commission, you may contact Mr. Michael Lesar cf the Office of Administration at 301-415-7163.

You also expressed dissatisfaction with the citizen advisory panels that Maine Yankee and other plants have established to communicate with the public during the decommissioning process. There is no regulatory requirement for these facilities to do so. Thoy sie performing these community outreach programs on their own initiative. Therefore, the NRC is not able to require Maine Yankee or the others to modify the way in which they interact with the public j through these organizations. i You also stated that you believed that the NRC staff is not applying its regulations appropriately. Because you have indicated potential inadequacies on the part of the staff, I have forwarded your letter to the NRC Office of the Inspector General for their consideration. j Thank you for informing us of your concerns. Unless the NRC receives additionalinformation that suggests that our conclusions should be altered, we plan no further action on this matter.

Should you have any add:tional questions, or if I can be of further assistance in this matter, please call me toll-free at 1-800-368-5642.

Sincerely, m . .eAs-4  !

Seymour H. Weiss, Director Non-Power Reactors and Decommissioning l Project Directorate  !

Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation j

Docket No. 50-309 l

l

DISTRIBUTION: DOCUMENT NAME: G:\SECY\WEBB\BR.AKPT61.WPD HARD COPY

' Docket File' 50-309l(w/ incoming)y PUBOC (w/incorning) ~ '

EDO#G19990013 WTravers (016-E15)

MKnapp (T8-A23)

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SBurns, OGC (015-818)

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MMiller, RI SCollins/RZimmerman (05-E7)

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DMatthews (012-ES)

JZwolinski (013-E4)

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TCarter, NRR Mail Room (EDO#G19990042 w/ incoming) (05-E7)

SWeiss MMasnik MWebb PDND r/f (v'/ incoming)

MManahan (G19990013) (012-ES)

EHylton (v./ incoming)

JHickey (T7-F27)

Region i E-MAIL COPY RBurrows (RABS)

RDudley (RFD)

MFairtile (MBF)

PHarris (PWH1) d WHuffman (WCH)

TKenyon (TJK2)

AMarkley ( AWM)

JMinns (JLM3)

Pray (PMR)

DScaletti (DCS1)

LThonus (LHT)

MWebb (MKW)

DWheeler (DXW)- i l

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ACTION I J EDO Principal Correspondence. Control 1

lFROMt. DUE:' / '/ EDO CONTROL: G19990013 DOC DT: 01/05/99 FINAL REPLY:

'H. G. Brack

'CGnttr for Biological Monitoring, Inc.  ;

. TO . I chairman' Jackson ,

FOR SIGNATURE OF : ** GRN ** CRC NO: 99-0006  !

DESCt. ROUTING:

' DEFICIENCIES IN NRC RADIOLOGICAL SURVEILLANCE (e-mail i

' PROGRAMS'-- MAINE YANKEE only): Travers.

Knapp .  ;

Miraglia i Norry-  !

Blaha  ;

DATES 01/12/99 Burns Paperiello,NMSS

, ASSIGNED-TO: CONTACT: Miller, RI i

NRR- Collins SPECIAL INSTRUCTIONS OR REMARKS:

For Appropriate Action.

l l

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OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-99-0006 LOGGING DATE: Jan 7 99 ACTION OFFICE: EDO AUTHOR: H.G. BRACK AFFILIATION:

ADDRESSEE: CHAIRMAN JACKSON LETTER DATE: Jan 5 99 FILE CODE:

SUBJECT:

MAFF-SEPA RADIOACTIVITY IN FOOD AND THE ENVIRONMENT GENERIC NRC AND NRC LICENSEE (MYAPC) VIOLATIONS OF 10 CFR CHAPTER 1 PART 60 ACTION: Appropriate DISTRIBUTION: CHAIRMAN, COMRS, OGC SPECIAL HANDLING: NONE CONSTITUENT:

NOTES:

DATE DUE:

SIGNATURE: . DATE SIGNED:

AFFILIATION:

t EDO --Gl9990013 j L