ML20213G500

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Submits Comments Re Legislation Proposing Placement of Nuclear Safety Inspector at Facility.Mou May Not Be Necessary Due to Precision & Detail of Legislation
ML20213G500
Person / Time
Site: Maine Yankee, 05000000
Issue date: 03/26/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Silkman R
MAINE, STATE OF
Shared Package
ML20213G127 List:
References
FOIA-87-229 NUDOCS 8705180320
Download: ML20213G500 (2)
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'.. 4.* 4 UNITED STATES l :A 8 ' 1 NLMEAR REGULATORY COMMISSION

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Richard H. Silkman, Director Maine State Planning Office 184 State Street State House Station 36 Augusta, Maine 04333

Dear Mr. Silkman:

Thank you for your letter of March 12, 1987, to Dr. Thomas Murley, our Regional Administrator in King of Prussia, Pennsylvania. You requested NRC review of the draft Maine legislation which proposes placing a Nuclear Safety Inspector at the Maine Yankee Nuclear Power Plant. Our staff offices and legal office have reviewed the legislation and we hope that our comments which l follow will help improve the clarity and subsequent implementation of the Act:

p. 1. Sec. 52(A) Policy. So that there is no question of proper l jurisdiction in this aree, we suggest adding the following words at the J

end of Section 52(A): "rothing in this Act should be construed as an attempt by the State of Maine to regulate radiological health and safety

reserved to the federal government by reason of the Atomic Energy Act of 1954, as amended."
p. 2, 1st paragraph. Add the phrase, "and Federal law," after " United States Constitution." Also, delete " regulation" or change it to

" regulatory review."

p. 2, Sec. 52(B) State Nuclear Safety Inspector. We suggest the words "or federal" be added following " State" in line 7 to include authorization for the State inspector to consult with other federal agencies, as well as State agencies.

There is missing text at the top of page 3, 2nd paragraph.

p. 3, 2nd paragraph. Add "and fitness for duty" after " personal safety."
p. '(E)(1). Reporting. Add the following words after "shall" in line 3:

"after notifying the facility and the NRC...." so that the licensee and NRC may be inforced first when any possible dangerous activity is i discovered. We also suggest the following words be added as a new second 1

. sentence: "Nothing in this section should be construed to preclude the State Nuclear Safety Inspector from discussing his concerns with the NRC or others before making a determination that any activity poses a danger

,f B705180320 870512 PDR FOIA KNAPIK87-229 PDR

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'* to the public health and safety." Also, add "the U.S. Nuclear Regulatory Commission and the facility" to the end of the paragraph, so that the Comission (preferably the Region I office) and the licensee may receive copies of the Safety Inspector's monthly reports. The reports should also be made publicly available.

" p. 4(E)(2). The word "pemit" should be changed to " license." *This section should also specifically state that any information brought to the attention of the State inspector which involves safety of the plant or a possible violation of NRC regulations must be imediately brought to the attention of NRC and the facility so that we may investigate to ensure that unsafe conditions or violations are corrected.

  • p. 4, Sec. 4(8)(A). The word " fusion" should be " fission." However, a number of times throughout the legislation, various terns such as

" nuclear power facilities," " nuclear power plant licensees," comercial nuclear power facilities," etc., are used. We believe the wording should be consistent throughout. This paragraph should be deleted and in its place an appropriate definition inserted, as follows: "Comercial nuclear power facility" or " facility" means a utilization facility situated in the State which holds an operating license issued by the U.S.

Nuclear Regulatory Comission.

There are a number of editorial errors which our Region I office will transmit telephonically.

So that we may fully understand your laws and how you intend to interact with KRC in the State, we would appreciate receiving a copy of the final legislation and other laws codified into your regulations (see references, for example, in Sections 4 through 7 and the Statement of Fact).

In light of the precision and detail of the legislation, a Memorandum of Understanding, similar to the one NRC has with Oregon, may not be necessary.

If you and we agree, however, that one is indeed worthwhile, we would be glad to negotiate it with you.

Sincerely, Origia l51GddbY yictor S* allo Victor Stello, Jr.

Executive Director for Operations Distribution:

VStello HThorrpson j JRoe WParler TRehm TMurley JZerbe FYoung E00 R/F #002630 DANash JMurray HDenton JTaylor GWKerr SLR R/F OSP Dir R/F

Subject:

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  • See previous concurrence OFC :5P :RI :0GC :lE :tM55 :NRR :EDO
HThompson* :HDenton*
VStello HAME :GWKerr* :TMurley* :WParler* :JTaylor*
3/20/87

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/87 DATE :3/24/87 :3/23/87 :3/23/87 :3/23/87 :3/20/87 0FFICII.L RECORD COPY

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