ML20217D312

Provides Basis for Staff Position That Staff Using Appropriate Criteria in Evaluating Maine Yankee Request for Relief from Offsite Emergency Preparedness Requirements of 10CFR50.54(q)

ML20217D312
Person / Time
Site:	Maine Yankee
Issue date:	04/21/1998
From:	Roe J NRC (Affiliation Not Assigned)
To:	Meisner M Maine Yankee
References
NUDOCS 9804240272
Download: ML20217D312 (5)

Text

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a' NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 April 21, 1998 l

Mr. Michael J. Meisner, President Maine Yankee Atomic Power Company P.O. Box 408 Wiscasset, Maine 04578 l

SUBJECT:

DETERMINATION CONCERNING MAINE YANKEE ATOMIC POWER COMPANY CLAIM OF BACKFIT REGARDING BEYOND DESIGN BASIS ACCIDENTS IN l SPENT FUEL POOLS

Dear Mr. Meisner:

By letter dated February 17,1998, Maine Yankee Atomic Power Company requested that the U.S. Nuclear Regulatory Commission (NRC) review a Maine Yankee claim that criteria being used in the evaluation of a Maine Yankee e cemption request constitute a backfit as described in 10 CFR 50.109. This letter provides the basis for the staff's position that the staff is using appropriate criteria in evaluating the Maine Yankee request for relief from offsite ernergency preparedness requirements of 10 CFR 50.54(q).

Backoround I

On August 7,1997, Maine Yankee provided certifications, under 10 CFR 50.82(a)(1), of l permanent cessation of operations and permanent removal of fuel from the reactor vessel.

, With these certifications, the Maine Yankee 10 CFR Part 50 license no longer authorized l operation of the reactor or emplacement of or retention of fuelinto the reactor vessel.

By letter dated November 11,1997, Maine Yankee requested exemption from portions of

10 CFR 50.54(q) to allow Maine Yankee to discontinue certain aspects of offsite planning activities due to the reduction in risk to the public associated with the permanently shutdown and defueled facility. The major portions of the exemption included elimination of i emergency classification above the " alert" level, elimination of offsite emergency response J provisions, and elimination of offsite protective measures.

On November 25,1997, at a meeting held at NRC headquarters in which Maine Yankee provided an overview presentation of its proposed Defueled Emergency Plan, the staff j indicated that issuance of an exemption would be contingent on the staff's determination I

! that the facility was no longer vulnerable to an event that could result in projected doses to the public that exceed the Environmental Protection Agency (EPA) Protective Action Guides 2 (PAGs). 3

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Mr Michael J. Meisner Discussion The NRC staff has determined that its request that Maine Yankee perform a spent fuel heatup analysis does not constitute the " imposition" of a backfit as defined in 10 CFR 50.109(a)(1). The Backfit Rule was intended to assure that once the NRC issues a license, the terms and conditions for operating under the license and regulations at the time of initial licensing are not arbitrarily changed post hoc by the Commission. When a licensee seeks an exemption from a Commission requirement, the licensee (not the NRC) is requesting authority to do what is not currently permitted under its license and applicable l regulations, and the licensee has no valid expectations protected by the Backfit Rule regarding the terms and conditions for obtaining the new authority which is not permitted under the current regulations.

I Maine Yankee initiated the exemption request pursuant to 50.12 to seek relief from applicable Section 50.54(q) requirements on emergency preparedness. Maine Yankee can choose to retain its existing emergency preparedness program in conformance with applicable Commission requirements.

The NRC's determination to grant the exemption is discretionary. Granting the exemption contingent upon meeting new requirements would not be considered backfitting so long as:

(i) there is a rational basis for the new requirements, and (ii) there is a reasonable nexus between the new requirements and the subject matter of the exemption. The staff believes that the spent fuel heatup analysis is necessary to provide assurance that radiation doses l l would not exceed the " alert" emergency classification and necessitate the Section 50.54(q) emergency preparedness elements which Maine Yankee is seeking to dispense with under the exemption. Thus, the analysis is a relevant and determining factor in the staff's review whether to grant the exemption. We therefore conclude that the staff's request that Maine Yankee analyze the heatup of the spent fuel does not constitute the " imposition" of a backfit.

Conclusion The staff has reviewed Maine Yankee's claim of backfit and it is the staff's position that the staff's decision to rely on a spent fuel pool heatup analysis to evaluate a request for exemption from emergency preparedness requirements does not constitute a backfit.

l If you choose to appeal the staff's backfit determination, you must do so within 60 l calendar days of the date of this letter.

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V Mr. Michael J. Meisner if you have any questions regarding this matter, please contact Mr. Michael Webb of my staff. Mr. Webb can be reached at (301) 415-1347.

Sincerely, Jack W. Roe, Acting Director Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50 309 cc: See next page DISTRIBUTION:

HARD COPY E-MAIL COPY Docket File 50-309 MMasnik RBurrows AMarkley PUBLIC EHylton RDudley DWheeler PDND r/f MWebb MFairtile JMinns JRoe OGC (015-B18) TFredrichs LThonus MMendonca Region i PHarris SCollins/FMiraglia LJCallan HThompson

• PREVIOUSLY CONCURRED G VS f PDND:PM PDND:LA PDND:(A)SCW PDND:(A)D OGC" DRPM:DD't MWebb EHylton k MMasnik MMendonca GMizuno DMatthews 4/lb/98 4/lq/98 4/13/9 8 4//998 4/10/98 4/J4 /98 OFFICIAL RECORD COPY DOCUMENT NAME: G:\SECY\WEBB\MEISNER

O Mr. Michael J. Meisner If you have any questions regarding this matter, please contact Mr. Michael Webb of my staff. Mr. Webb can be reached at (301) 415-1347.

Sincerely, uh.To- -

J ick W. Roe, Acting Director ivision of Reactor Program Management Office of Nuclear Reactor Regula: ion Docket No. 50-309 cc: See next page

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1 Maine Yankee Atomic Power Station Docket No. 50-309 cc:

Mr. Charles B. Brinkman Friends of the Coast Manager - Washington Nuclear P.O. Box 98 Operations Edgecomb, ME 04556 ABB Combustion Engineering 12300 Twinbrook Parkway, Suite 330 Mr. William O' Dell Rockville, MD 20852 Operations Director Maine Yankee Atomic Power Company Thomas G. Dignan, Jr., Esquire P.O. Box 408 l

Ropes & Gray Wiscasset, ME 04578 One International Place l

Boston, MA 02110-2624 Mr. George Zinke, Director Nuclear Safety and Regulatory Affairs Mr. Uldis Vanags Maine Yankee Atomic Power Company l

State Nuclear Safety Advisor P.O. Box 408 State Planning Office Wiscasset, ME 04578 State House Station #38 Augusta, ME 04333 Mr. Jonathan M. Block Attorney at Law l Mr. P. L. Anderson, Project Manager P.O. Box 566 l Yankee Atomic Electric Company Putney, VT 05346-0566 580 Main Street Bolton, MA 01740-1398 Mr. Michael J. Meisner, President ,

Main Yankee Atomic Power Company  !

Regiona! Administrator, Region i P.O. Box 408 U.S. Nuclear Regulatory Commission Wiscasset, ME 04578 475 Allendale Road King of Prussia, PA 19406 Mr. Robert Fraser, Director Engineering l First Selectman of Wiscasset Maine Yankee Atomic Power Company  !

Municipal Building P.O. Box 408 U.S. Route 1 Wiscasset, ME 04578 Wiscasset, ME 04578 Mr. Patrick J. Dostie t Mr. Richard Rasmussen State of Maine Nuclear Safety l Senior Resident inspector inspector Maine Yankee Atomic Power Company Maine Yankee Atomic Power Company U.S. Nuclear Regulatory Commission P.O. Box 408 i P.O. Box E Wiscasset, ME 04578 l Wiscasset, ME 04578 l Mr. Mark Ferri Mary Ann Lynch, Esquire Decommissioning Director Maine Yankee Atomic Power Company Maine Yankee Atomic Power Company P.O. Box 408 P.O. Box 408 Wiscasset, ME 04578 Wiscasset, ME 04578 i