ML20211E795
| ML20211E795 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 09/25/1997 |
| From: | Meisner M Maine Yankee |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| MJM-97-17, MN-97-111, NUDOCS 9709300265 | |
| Download: ML20211E795 (5) | |
Text
e MaineYankee ATIIllL E E L E C T RICIT Y SIN C E 1972 329 BATH ROAD e BRUNSWICK MAINE 04011 * (207) 798-4100 September 25,1997 MN 97-111 MJht 9717 UNITED STATES NUCLEAR REGULATORY COMMISSION Attuition: Document Control Desk Washington, DC 20555
References:
(a) Licensa No. DPR-36 (Docket No. 50-309)
(b) Letter: M. D. Sellman to USNRC; Certifications of Pemianent Cessation of Power Operation and Pemianent Removal of Fuel from the Reactor; MN 97 89, dated August 7,1997
Subject:
10 CFR 50.47 and Appendix E to 10 CFR 50 Request For Exemption: Diennial Emergency Preparedness Exercises.
Gentlemen:
In Reference (b), Maine Yankee informed the USNRC that the Board of Directors of Maine Yankee had decided to permanently cease operations at the Maine Yankee Plant and that the fuel had been permanently removed from the reactor. in accordance with 10CFR50.82(a)(2), the certifications in the letter modified the Maine Yankee license to pennanently withdraw Maine Yankee's authority to operate the reactor and place fuel into the reactor vessel.
In the permanently defueled plant condition, there are no longer any design basis accidents associated with an operating plant from startup through full power operation. The design basis accidents relative to a defueled facility are a small subset of those considered for an operating facilit'; With the plant having been shut down since December.1996, the offsite risk associated with the remaining design basis accidents and beyond design basis events which can be postulated has diminished and is continuing to decrease. Maine Yankee expects that by mid 1998, offsite l//
j cmergency response capability will no longer be necessary.
Maine Yankee is requesting a one time exemption from the requirements for a biennial full participation excreio.. A full participation exercise was last conducted in June,1996. The conduck of an exercise in 1998 using existing plans and procedures is not warran to submit a revised emergency plan which is appropriate for the pennanently defueled plant condi ion by the end of this year, and plans to conduct an exercise using the revised plan within six t
months of the NRC's approval of that plan.
Maine Yankee has determined that maintenance of offsite response capability at tne levels required
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for compliance with 10 CFR 50.47 and Appendix E to 10 CFR 50 would present an undue financial and administrative hardship and is not necessary to achieve the underlying purpose of the rule. A request for exemption from certain requirements of 10 CFR 50.47 and Appendix E to 10 CFR 50 is enclosed as an attachment to this letter.
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MaineYankee UNITED STATES NUCLEAR REGULATORY COMMISSION MN 97-Ill A~ttention: Document Control Desk Page Two This matter has been discussed with the State Direc"
\\taine Emergency Management Agency, who concurs with the rationale presented herein '
une-time exemption from the biennial full participation exercise requirement for 1998.
Maine Yankee requests approval of this exemption by February 1,1998 which is the start of preparation activities for the excreise.
Ve truly yo rs, p
J __ ^
Mi hae. Meisner, Vice President Nuclear Safety & Regulatory Affairs s
Attachment c: Mr. liubert Miller Mr. Richard A. Rasmussen Mr. Daniel H. Dorman Mr. Patrick J. Dostie Mr. Uldis Vanags Mr. Singh S. Bajwa Mr. John W. Libby, State Director, Maine Emergency Management Agency
9 ATTACllMENT I REQUEST FOR EXEMPTION FROM TITLE 10 OF Tile CODE OF FEDERAL REGULATIONS, PART 50.47(b)(14) AND SECTION IV.F.2.c of APPENDlX E TO PART 50 1.
REQUEST FOR EXEMPTION:
Maine Yankee hereby requests a one time exemption from 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c. Maine Yankee has decided to permanently cease operation of the Maine Yankee Plant. " Certification of Pemianent Cessation of Operation and Removal of Fuel from the Reactor Vessel" has been docketed in accordance with 10CFR50.82.
11.
BACKGROUND:
On August 7,1997, Maine Yankee submitted "Cenifications for Permanent Cessation of Power Operation and Permanent Removal of Fuel from the Reactor" pursuant to 10CFR50.82(a)(1)(i) and (ii). With the docketing of this submittal, Maine Yankee was no longer authorized to operate the reactor or to place fuel in the reactor vessel in accordance with 10CFR50.82, in the defueled condition, there are no longer any credible design basis accidents associated with an operating plant from,;tartup through full power operation. The majority, including the most limiting, of the design basis t:cidents described in the Maine Yankee FSAR are not possible in the pemianently defueled plar, cor,iition. The design basis accidents relative to a defueled facility are a small subset of those casidert. I for an operating facility. This subset of design basis accidents would include the
'ohwing: Fuel llandling incident, Spent Fuel Cask Drop, and Radioactive Liquid Waste System Lea s and failures.
The commission's regulations regarding the conduct of periodic offsite emergency preparedness exercises are found in 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c.
Appendix E.IV.F.2.c requires, in part, a biennial full participation exercise.
Maine Yankee has been shut down since December,1996 and is in a pennanently defueled plant condition. In this condition, no design basis accidents can occur which would result in a radiological release that could produce a dose in excess of the EPA Protective Action Guides (PAG) at the site boundary. The possibility of a beyond design basis event which could exceed this level is becoming increasingly remote, and isjudged to be incredible by mid 1998. With the significantly reduced risk of an accident requiring offsite response, the continued requirement for a full panicipation exercise is no longer appropriate.
A full participation exercise tests the adequacy of existing emergency procedures, methods, equipment, communication networks, and public notification systems and is designed to provide meaningful training for licensee, state and local emergency response organizations. The most recent full participation exercise involving the State of Maine, two counties and sixteen communities within the plume exposure EPZ was conducted on June 19 and 20,1996. The Federal Emergency Management Agency (FEMA) Final Exercise Assessment identified one deficiency that was successfully remediated on September 4,1996. Notwithstanding this, FEMA's assessment of the 1996 exercise concluded that "The offsite radiological emergency response plans for the state and localj; risdictions can be implemented and are adequate... to protect public health and safety." Full participation exercises have been conducted at Maine Yankee during 1982,1983,1985,1987,1990, 1992,1994, and 1996. FEMA found in each case that adequate State and local plans existed to protect the public health and safety in the event of a radiological emergency at Maine Yankee.
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The conduct of a full panicipation exercise using the existing emergency plans would result in undue hardship and costs, and would represent a misallocation of planning and training resources, hiaine Yankee believes that the monetary and human resources which would be involved in a full panicipation exercise would be better used in the development of a defueled emergency plan, and the procedures and training to respond to and manage the substantially reduced potential risks associated with a permanently shutdown and defueled facility. hiaine Yankee plans to submit an emergency plan for the permanently defueled plant condition by the end of this year and plans to conduct an exercise six months aller its approval by the NRC.
111. JUSTIFICATION FOR GRANTING Tile EXEh1PTION REQUEST The specific requirements for granting exemptions from Part 50 regulations are set forth in 10CFR50.12. Under Section 50.12 (a)(1), the Commission is authorized to grant an exemption upon demonstration that the exemption:(A)is authorized by law;(B) will not present an undue risk to the public health and safety; and (C) is consistent with the common defense and security. Under Section 50.12 (a)(2), special circumstances must exist for the NRC to consider the exemption request.
Special circumstances include: (A) particular ciremostances where the application of the regulation would not serve the underlying purpose of the ru!c or is not necessary to achieve the underlying purpose of the rule and (B) undue hardship or cons that are significantly in excess of those incurred by others similarly situated. The followingjustification addresses each of these requirements and demonstrates that the Commission should grant the requested exemption.
The underlying purpose of 10CFR50.47(b)(l4) and 10CFR50 Appendix E.IV.F.2.c is to demonstrate that offsite emergency response capability exists which is commensurate with the risk associated with a nuclear power facility, and to identify any areas where improvement is warranted. hiaine Yankee last demonstrated the capability ofits ofrsite emergency response organization in 1996.
With the plant in a pemianently defueled condition and the plant having been shutdown since December 1996, the risk of an accident requiring an offsite response has been significantly reduced.
Thus the need for an offsite response capability has been significantly reduced and is continuing to diminish. The continued maintenance of offsite response capability is not expected to be warranted beyond approximately mid 1998. Therefore, requiring hiaine Yankee to comply with the requirements of 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c is not necessary to achieve the underlying purpose of the rule, in addition, the significant resources involved with the development, preparation, and conduct of a full participation exercise associated with compliance with 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c outweigh the potential benefits. Because hiaine Yankee is a pennanently shutdown facility and no longer possesses a license authorizing reactor operation or placement or retention of fuel in the reactor, the limited resources at the site are dedicated to the safe storage of fuel and the preparations for decommissioninc if the facility. The costs involved in complying with 10CFR50.47(b)(l4) and 10CFR50 Append. E.IV.F.2.c would result in inefficient use oflimited hiaine Yankee and State of hiaine resources and would constitute negative training in that practices would be demonstrated which are inconsistent with the level of offsite risk. Therefore, hiaine Yankee's compliance with the requirements of 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c would result in undue fmancial and administrative hardship to hiaine Yankee, its owners and their ratepayers.
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IV. CONCLUSION Maine ankee has concluded that the requested exemption from 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c isjustified it is authorized by law, will not present undue risk to the public health and safety, and is consistent with the common defense and security. Such an exemption meets the requirements of 10CFR50.12(a)(2)(ii) in that conducting full participation exercises in the defueled plant condition is not necessary to achieve the underlying purpose of the rule. Such an exemption also meets the requirements of 10CFR50.12(a)(2)(iii) in that compliance with the requirements to perform full participation exercises would result in undue costs for a facility in the decommissioning process.
V. ENVIRONMENTALIMpACT Pursuant to the provisions of 10CFR50.12, Maine Yankee is requesting exemption to the requirements of 10CFR50.47(b)(14) and 10CFR50 Appendix E.IV.F.2.c to continue to perfonn full participation exercises. The continued performance of these exercises is not warranted in the permanently defueled plant condition. The proposed exemption does not alTect the type or quantity of radioactive or non-radioactive effluents and does not have a significant impact on the environment.
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