ML20210M720
| ML20210M720 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 08/19/1997 |
| From: | Zwolinski J NRC (Affiliation Not Assigned) |
| To: | Myers H AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20210M724 | List: |
| References | |
| NUDOCS 9708220169 | |
| Download: ML20210M720 (5) | |
Text
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UNITED STATES y
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20086-0001 k..../
August 19, 1997 Mr. Henry R. Myers Post Office Box 88 Peaks Island, ME 04108
Dear'Mr. Myers:
Your letter of July 3,1997, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) has been referred to me for reply.
In your letter, you reference my letter of June 20, 1997, and express four concerns regarding actions of the NRC staff.
First, you assert that the staff assigned to address your concerns could not and did not adequately respond to your concerns because it was involved in creating the concerns raised in your letters. This concern has been forwarded to the NRC's Office of the Inspector General (OIG) for whatever action the OIG deems appropriate.
Second, you inferred (as you did in your letter of April 18, 1997) that documents related to the resolution of fire protection concerns raised in 1978 had not been located.
You quote from the transcript of a public meeting on April 3,1997, on this matter. As the staff noted in that excerpt, these documents predate the staff's electronic document retrieval system. Although the retrieval has been cumbersome, as I stated in my June 20 letter, the staff has not, to date, been unable to locate the documents needed for this review, which is not yet complete.
You note that at the April 3 public meeting, the staff comitted to meet with the public to discuss the resolution of the fire protection concerns in May or June.1997.
Since that time, the licensee has certified that it will permanently cease operation and proceed to decommission Maine Yankee. During this 9eriod, the NRC's staff has focused on other review priorities. The staff will complete its review and inspection activities associated with fire protection concerns in a reasonable period of time, considering the current status of Maine Yankee and other priorities.
Third, you reiterated previous statements that your concerns can only be resolved by direct review of the staff's issuance of the January 3,1996.
Confirmatory Order Sus)ending Authority for and Limiting Power Operation and Containment Pressure (Effective Immediately) and Demand for Information (Order) by the Commission.
You assert that the Order was issued contrary to legislation and procedures governing the NRC and that the Order eliminated TMI Action Plan Items il.K.3.30 and II.K.3.31 regarding Maine Yankee Atomic Power Company. As ha; oeer explained many times in correspondence to you from the Chairman and from the staff, the Commission was consulted 3rior to issuance of the January 3 1996, 'Jrder, which did not excuse Maine Yancee from conformance with Items II.K.3.30 end II.K.3.31.
Because your letter asserts that the NRC staff acted impronrly, your concern is being forwarded to the OIG for I
whatever action t1e OIG deems appropriate.
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Mr.-Henry R. Myers Fourth, you question whether the NRC requires " substantial compliance" with NRC requirements, and ask whether the staff is of the view that findings of undue risk can be based upon intuition and judgment rather than a finding of compliance with regulations.
Compliance with NRC requirements is expected of licensees and enforced. The Atomic Energy Act authorizes the NRC to take a variety of enforcement _ actions for violations, ranging from the ultimate sanction of license revocation to lesser sanctions such as license suspension or modification, including shutdown, orders to protect health and to ensure that operations will not endanger life or property or the common defense and security, civil monetary penalties, and requesting the U. S. De>artment of Justice to seek judicial injunctions to no action at all when t1e Commission determines that the circumstances surrounding a particular noncompliance warrant the exercise of enforcement discretion.
It is well established that i
the choice of the appropriate action to address a regulatory violation is within the sound discretion of the Commission.
The Commission has made it clear that the )aramount concern in exercising that discretion is protection of public healta and safety. This_is not to say that compliance with NRC requirements is irrelevant to determinations of adequate protection of public health and safety.
It is a mistake. however, to conclude that any failure on the part of a nuclear power plant to meet any specifics of NRC requirements _
automatically translates to a finding that the plant was unsafe during-the period of noncompliance.
Longstanding Commission precedent holds that while compliance with all NRC requirements presumptively provides reasonable assurance that public health and safety will be adequately protected, the converse is not correct when the agency has determined, after careful consideration of the particular set of curcumstances. that a given noncompliance poses no undue risk to public health and safety. The agency 1
must, of necessity, exercise its expert analysis and judgment in determining whether there is undue risk to public health and safety from plant operations.
Finally, you reiterated concerns about comments made by Commissioner Diaz at i
the NRC's April 2. 1997. Regulatory Information Conference regarding distinctions between compliance and safety. As explained in my letter to you of June 20. each NRC Commissioner has the freedom to express his/her individual views on any given topic. As I stated in my June 20, 1997, response, let me reassure you that the Commission is in full agreement that the licensees bear the 3rimary responsibility for ensuring safe operation of their facilities, and tlat compliance with-NRC requirements is fundamental to giving the NRC confidence that safety is being maintained.
.I believe this response addresses the concerns you raised in your letter.
Sincerely, ZMNk1 Deputy Director Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation DOCUMENT NAME: G:\\DORMAN\\GT970515
- SEE PREVIOUS CONCURRENCE To receive a copy of this document, indicate in the box:
"C" - Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" - No copy 0FFICE P01 3/PM l
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NAME BBoger RZittenerman SColtins SJackson DATE 07/23/97 67/24/97 08/05/97 08/ y /97 08/Jg/97 OFflCIAL RECORD COPY
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B. Boger J. Zwolinski
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SECY # CRC-97-0720 NRR Mailroom (ED0#GT970515 w/ine) (012-G-18)
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FROM:
DUE: 07/2 7
N EDO CONTROL: G970515 g
DOC DT 07/03/97 FINAL REPLY:
Henry R. Myers Peak Island, Maine TO:
Chairman Jackson FOR SIGNATURE OF :
- GRN CRC NO: 97-0720
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DESC:
ROUTING:
l MAINE YANKEE Callan Jordan Thomp8cn Norry Blaha
'DATE: 07/11/97 Burns Miller, RI Ref. G970515 ASSIGNED TO:
CONTACT:
C r,(Xi6 y
NRR Collins SPECIAL INSTRUCTIONS OR REMARKS: ~
Put EDO and Chairman on for concurrence.
Chairman's office to review response prior to dispatch.
HRR RECEIVED:
My 14.1997 nRR cim:
Ow:wr ACTION NRR M I R DUE TO NRR DIRECTOR'S OFFICE rga
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BY Travers Bohrer
l-OFFICE OF.THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER:
CRC-97-0720 LOGGING DATE: Jul.10.97
-ACTION OFFICE:
EDO AUTHOR:
HENRY MEYERS AFFILIATION:
MAINE ADDRESSEE:
CHAIRMAN JACKSON
'1 LETTER DATE:
Jul 3 97 FILE CODE:
SUBJECT:
MAINE YANKEE ACTION:
Direct Reply DISTRIBUTION:
CHAIRMAN, COMRS
-SPECIAL HANDLING: SECY TO ACK CONSTITUENT:
NOTES:-
OCM #9358 (CHAIRMAN SHOULD REVIEW RESPONSE PRIOR TO DISPATCH)
DATE DUE:
Jul-25 97 SIGNATURE:
DATE SIGNED:
AFFILIATION:
EDO -- G970515 L
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