ML20209C773

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Responds to EDO Backfit Appeal Determination Re Emergency Plan Exemptions for Decommissioning Plants
ML20209C773
Person / Time
Site: Maine Yankee
Issue date: 06/30/1999
From: Meisner M
Maine Yankee
To: Miraglia F
NRC
References
MJM-99-23, MN-98-18, NUDOCS 9907120209
Download: ML20209C773 (2)


Text

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s MaineYankee 321 OLD FERRY RD.

  • WISCASSET ME 04578 4922

]

June 30,1999 MN-99-18 MJM-99-23 j

Frank J. Miraglia Deputy Executive Director for Regulatory Programs United States Nuclear Regulatory Commission Washington, D.C. 20555-0001

Reference:

(a)

License No. DPR-36 (Docket No. 50-309)

(b)

USNRC Letter to MYAPC dated June 22,1999, " Appeal of Director's Decision on Maine Yankee Atomic Power Company's Backfit Claim Regarding Beyond Design Basis Accidents In Spent Fuel Pools"

Subject:

Response to EDO Backfit Appeal Determination

Dear Mr. Miraglia:

I have reviewed your referenced letter concerning Maine Yankee's backfit appeal to the EDO with respect to emergency plan exemptions for decommissioning plants.

As you know, oar original backfit appeal in December,1998, noted that there was insufficient information about the staff s basis for backfit denial to formulate an appeal. Subsequently, we have had sufficient dialogue, and the staff has issued additional information, to clarify the staff's basis.

Now that we understand that basis, Maine Yankee should be afforded the opportunity to present our basis for appeal.

As we've discussed, there is not a sense of urgency in resolving the appeal because Maine Yankee is already operating under exemption for emergency planning. What remains ofconcern is the broad j H nature of the staff s position that no exemption request is afforded the protection of the backfit mie, allowing staff unfittered latitude (at least in our experience) to impose new requirements. Since

(

Maine Yankee may need future exemptions in order to optimize decommissioning safety and cost, il I feel it necessary to continue to pursue the appeal.

)

gD 'I '

9907120209 990630

{DR ADOCK 05000309 PDR

f U.S. Nuclear Regulatory Commission -

MN-99-18

~ Attn: Mr. Frank J. Miraglia, Jr.

Page Two '

I believe that relevant additional information will be developed over the next several months as we work with the staff in developing a risk-informed basis for decommissioning. At that point, I propose we schedule a meeting with the EDO to complete the backfit appeal proc'ess. At the -

appropriate time, I'll work with you to make final -

gements.

V truly

/

cha J. Meisner P ident c:

Document Control Desk Mr. W. Travers Mr. S. Collins Mr. H.J. Miller Mr. J. Zwolinski Mr. M.K. Webb Mr. M. Masnik Mr. Ron Bellamy Mr. M. Roberts Mr. P.J. Dostie Mr. U. Vanags i

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