ML20210Q733

Responds to Re TS Change Request (TSCR)264 from Oyster Creek Nuclear Generating Station.Questions Re Proposed Sale of Property within Site Boundary & Exclusion Area

ML20210Q733
Person / Time
Site:	Oyster Creek
Issue date:	08/12/1999
From:	Eaton R NRC (Affiliation Not Assigned)
To:	Tosch K NEW JERSEY, STATE OF
References
NUDOCS 9908160102
Download: ML20210Q733 (4)

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p* "ou e* t UNITED STATES [p f//[

1. S NUCLEAR REGULATORY COMMISSION If WASHINGTON D.C. 20555-0001

%.....# August 12, 1999 I Mr. Kent W. Tosch, Manager Bureau of Nuclear Engineering )

Department of Environmental Protection P. O. Box 415 Trenton, NJ 08625-0415

Dear Mr. Tosch:

I am responding to your letter dated January 11,1999, regarding Technical Specification Change Request (TSCR) 264 from Oyster Creek Nuclear Generating Station. You asked two questions related to the proposed sale of property within the site boundary and exclusion area.

Your first question concerns the applicable regulatory requirements for the areas designated the site and the exclusion area and, in particular, the NRC's regulatory authority and requirements for continued operation and for decommissioning.

For continued c,peration, the licensee is bound by the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Commission's rules and regulations, in particular, the licensee is subject to the provisions of 10 CFR Parts 30,40,50, and 70. The specific provisions of their license are contained in their full power license issued July 2,1991.

With respect to decommissioning, when the facility permanently ceases operation,10 CFR 50.82 specifies the requirements and process to follow.

Your second question concerns NRC's position on whether the sale of a large portion of the site, which includes part of the exclusion area, will be handled as a partial license termination under the NRC's regulations. The NRC's regulations in 10 CFR Part 50 do not explicitly provide for partial termination of a license. In the specific context of the proposed transaction, as we understand it, the provisions of ;0 CFR 50,30 and 20 are applicable. Under these provisions, the release criteria of 10 CFR Part 20, Subpart E apply to the prospective sale of the portion of the Oyster Creek site.

The licensee has been informed that the sale of the property is a matter of concern to the NRC and that they must apply the criteria of 10 CFR Part 20 Subpart E. We will communicate with  !

I the licensee, regarding the process for satisfying these criteria.

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l August 12, 1999 K.Tosch The NRC will review existing documents and documents in progress, such as the licensee's Safety Evaluation pursuant to 10 CFR 50.59.

I hope these answers have been responsive to your concerns. If I can be of further help please contact me at (301) 415-3041.

Sincerely, Original signed by:

Ronald B. Eaton, Sr. Project Manager, Section 1 Project Directorate i Division of Licensing and Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page l

plSTRIBUTION:

Docket File PUBLIC PDI-1 R/F S. Black E. Adensam (e-mail)

S. Bajwa S. Little H. Pastis R. Eaton OGC ACRS P.Lohaus P. Ray J. Greeves W. Lanning, Region i M. Oprendek, Region I DOCUMENT NAME: G:\PDI-1\ Oyster Creek \Tosch.wpd *See previous concurrence  !

l To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy with j attachment / enclosure *N" - No copy I 0FFICE PDI-2/PM [(hff l PDI-1/LA , n , l[ PDI-1/SC,,[] l OGC* l NAME REaton/l tc hC Slittle U R ifl 58ajwa 8 ' ~ 0 DATE 08/ T/99 08/JA/99 08/ /V/99 08/09/99 0FFICE RGN-1/DRS* OSP* l DRPM/PDND* NMSS/DWM* NRR/DD _

NAME WLanning (via e-mail) P. Lohaus (via e-mail) P. Ray (via e-mail) JGreeves SBlack T T )

DATE 08/09/99 08/09/99 08/09/99 08/11/99 08//499 OFFICIAL RECORD COPY 1

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L' K.' Tosch - The NRC will review existing documents and documents in progress, such as the licensee's  ;

y,: Safety Evaluation pursuant to 10 CFR 50.59.

I hope these answers have been responsive to your concerns. If I can be of further help please contact me at (301) 415-3041.

Sincerely, j

yp(/ S Ronald B. Eaton, Sr. Project Manager, Section 1 Project Directorate l Division of Licensing and Project Management Office of Nuclear Reactor Regulation Docket No. 50-219

! ' cc: See next page l

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i GPU Nuclear, Inc.

Oyster Creek Nuclear Generating Station cc:

Mr. David Lewis Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, DC 20037 Manager Licensing & Vendor Audits GPU Nuclear, Inc.

1 Upper Pond Road Parsippany, NJ 07054 Manager Nuclear Safety & Licensing Oyster Creek Nuclear Generating Station - .

Mail Stop OCAB2 P. O. Box 388 Forked River, NJ 08731 Regional Administrator, Region i U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor Lacey Township 818 West Lacey Road Forked River, NJ 08731 Resident inspector c/o U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Kent Tosch, Chief New Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 3

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Mr. Michael B. Roche Vice President and Director GPU Nuclear Corporation I Oyster Creek Nuclear Generating Station P. O. Box 388 Forked River, NJ 08731

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