ML20217P103

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Responds to on Behalf of New England Coalition on Nuclear Pollution,Inc,Request That NRC Take Action Per 2.206 W/Regard to Licensee.Determined That Request Does Not Meet Criteria for Consideration Under 10CFR2.206
ML20217P103
Person / Time
Site: Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 05/04/1998
From: Zwolinski J
NRC (Affiliation Not Assigned)
To: Daley M
NEW ENGLAND COALITION ON NUCLEAR POLLUTION
References
2.206, NUDOCS 9805060082
Download: ML20217P103 (6)


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May 4,-1998 Mr. Michael J. Daley Trustee and Legislative Representative New England Coalition on Nuclear Pollution, Inc.

Box 545 Brattleboro, VT 05301

Dear Mr. Daley:

In your letter dated March 10,1998, on behalf of the New England Coalition on Nuclear Pollution, Inc., you request that the Nuclear Regulatory Commission (NRC) take action pursuant to 10 CFR 2.206 with regard to the Vermont Yankee Nuclear Power Station (Vemtont Yankee). You request that the NRC undertake an inspector-conducted search of Vermont Yankee's disposal records similar in scope to that conducted at Connecticut Yankee and Maine Yankee. You also request that the NRC undertake an independent assay of local landfills that could have received shipments of trash from Vermont Yankee since operations began at the.

plant. You assert as grounds for your request that radioactive materials have been released off-site by Connecticut Yankee Atomic Power Station and Maine Yankee Atomic Power Station.

We have reviewed your request and have determined that it does not meet the criteria for consideration under 10 CFR 2.206. In order to be considered under the requirements of 10 CFR 2.206, the request must seek enforcement type action. Examples include: a request that the NRC impose requirements by order, or issue an order modifying, suspending, or -

revoking a license; or issue a notice of violation. In addition, the request for enforcement action must specify the facts that constitute the bases for the requested action. Your request does not meet these criteria primarily because you did not provide any specific facts relating to Vermont Yankee that support a request for enforcement action. The existence of deficiencies at other facilities does not constitute adequate bases for the actions you request at Vermont Yankee.

- NRC's special review of Connecticut Yankee Atomi: Power Company's Haddam Neck Plant t

was initiated as a result of several NRC-identified radiological control performance issues, as well as information indicating that potentially radioactive materials may have been disposed of in various unrestricted and uncontrolled locations. The NRC's Historical Review Team Report was published on March 26,1998, and is publicly available. While some lapse in the control of radioactive material was identified by the NRC, the staff concluded that the conduct of licens,6a activities at Haddam Neck did not result in any apparent radiation exposure to the public or the environment in excess of the limits specified in 10 CFR Part 20, based on currently available -

' information.

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. With respect to Vermor,t Yankee, our programmatic inspections of the licensee have not revealed weaknesses in radioactive material control that would affect public health and safety, or adversely affect the environment. in your March 10 letter you did not provide information indicating that radioactive material was actually inappropriately or inadvertently released, or

/OT disposed ofimproperly. Nor did you provide any basis to suspect that the control y

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M. Daley 2

of radioactive material at Vermont Yankee has not been in accordance with Commission regulations. Therefore, based on the information provided, the NRC has no basis to expend the resources to conduct a comprehensive review of Vermont Yankee of the type accomplished at Haddam Neck, or to perform an independent assay of local landfills that may have received trash or debris from the plant. We will, however, continue to conduct bspections l

of Vermont Yankee's radiological control programs, including review and assessment of the i

control and disposition of radioactive materials. These reviews are conducted routinely by the resident inspectors and region-based inspectors.

Please inform us if you have any specific information with respect to a failure at Vermont Yankee to conduct licensed activities in accordance with NRC rules and regulations, or a failure to control and monitor licensed radioactive materials and effluents in accordance with regulatory requirements. In the case of such a failure, in accordance with NRC policy, we would conduct an inspection as necessary to review the matter and would take appropriate regulatory action.

You also requested that you be placed on the service list for Vermont Yankee. We grant this request and will place you on the service list until we fully respond to your letter dated

. April 9,1998.

Sincerely, J&

a Jot.p A. Zwolinski, Acting Director Division of Reactor Projects -1/11 Office of Nuclear Reactor Regulation i

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M. Daley 2

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' of radioactive material at Vermont Yankee has not been in accordance with Commission regulations. Therefore, based on the information provided, the NRC has no basis to expend the

- resources to conduct a comprehensive review of Vermont Yankee of the type accomplished at L

Haddam Neck, or to perform an independent assay of local landfills that may have received trash or debris from the plant. We will, however, continue to conduct inspections l-

. of Vermont Yankee's radiological control programs, including rev'ew and assessment of the control and disposition of radioactive materials. These reviews are conducted routinely by the resident inspectors and region-based inspectors.

Please inform us if you have any specific information with respect to a failure at Vermont

. Yankee to conduct licensed activities in accordance with NRC rules and regulations, or a failure to control and monitor licensed radioactive materials and effluents in accordance with regulatory _

requirements. In the case of such a failure, in accordance with NRC policy, we would conduct

. an inspection as necessary to review the matter and would take appropriate regulatory action.

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. You also requested that you be placed on the service list for Vermont Yankee. We grant this L

request and will place you on the service list until we fully respond to your letter dated

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. April 9,1998.

l Sincerely, i:

John A. Zwolinski, Acting Director Division of Reactor Projects.- 1/ll u

L Office of Nuclear Reactor Regulation Distribution: See next page L DOCUMENT NAME: G:\\CROTEAU\\NEC_Itr.310

  • PREVIOUS CONCURRENCE To receive a copy.of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy L with attachment / enclosure "N" = No copy L OFFICE PDi-3/PM l

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i' DATE 04/21 /98-04/ 24/98 A' 04/ 24 /98 -

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EDO #G980195 L C allan

.H. Thompson A. Thadani P. Norry i

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S. Collins S. Bums H. Miller, RI C. Paperiello, NMSS K. Cyr OGC i.

J. Goldberg, OGC B Boger

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_ J. Zwolinski B. Gleaves l

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OPA OCA NRR Mail Room (EDO #G980195 w/inc.)

L N. Olson l

R. Croteau (w/inc.)

T. Clark C. Hehl, RI -

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Vermont Yankee Nuclear Power Station cc:

l' Regional Administrator, Region 1 -

Jonathan M. Block, Esq.

l U. S. Nuclear Regulatory Commission Main Street l

475 Allendale Road P. O. Box 566 King of Prussia, PA 19406 Putney, W 05346-0566 Mr. David R. Lewis

. Mr. Raymond N. McCandless g

Shaw, Pittman, Potts & Trowbndge Vermont Division of Occupational 2300 N Street, N.W.

and Radiological Health Washington, DC 20037-1128 Administration Building Montpelier,VT 05602 Mr. Richard P. Sedano, Commissioner Vermont Department of Public Service Mr. Gautam Sen 120 State Street,3rd Floor Uconsing Manager

. Montpelier, VT 05602 Vermont Yankee Nuclear Power l

Corporation Public Service Board 185 Old Ferry Road j

State of Vermont Brattleboro, VT 05301 120 State Street Montpelier, VT 05602 Resident inspector Vermont Yankee Nuclear Power Station

. Chairman, Board of Selectmen U. S. Nuclear Regulatory Commission L

Town of Vemon.

P.O. Box 176 P.O. Box 116 Vemon, VT 05354

' Vemon, VT. 05354-0116 i

Mr. Peter LaPorte, Director Mr. Richard E. McCullough.

ATTN: James Muckerheide l

Operating Experience Coordinator Massachusetts Emergency Management i

Vermont Yankee Nuclear Power Station

. Agency P.O. Box 157 400 Worcester Rd.

Govemor Hunt Road P.O. Box 1496 Vemon, VT 05354 Framingham, MA 01701-0317 G. Dana Bisbee, Esq.

Mr. Donald A. Reid l

Deputy Attomey General Senior Vice President, Operations l

l 33 Capitol Street Vermont Yankee Nuclear Power Corp.

Concord, NH 033014g37 185 Old Feny Road Brattleboro, VT 05301

- Chief, Safety Unit Office of the Attomey General One Ashburton Place, igth Floor i

Boston, MA 02108 Ms. Deborah B. Katz l

Box 83 Shellbume Falls, MA 01370

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-P ETION l

l EDO Principal Correspondence Control FROM:

DUE: 05/04/98 EDO CONTROL: G980195 DOC DT 03/10/98 i

FINAL REPLY:

Michnol J. Daley New England Coalition cn Nuclear Pollution, Inc.

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NRC FOR SIGNATURE OF :

Collins, NRR lDESC:

ROUTING:

1 2.206 VIOLATIONS OF LOW-LEVEL NUCLEAR WASTE Callan DISPOSAL CONTROLS AT NEW ENGLAND NUCLEAR POWER Thadani FACILITIES Thompson Norry Blaha Burns

'DATE: 04/02/98 Miller, RI speriello,NMSS

. ASSIGNED TO:

CONTACT:

Cyr, OGC JGoldberg, OGC NRR Collins BGleaves, NRR

. SPECIAL INSTRUCTIONS OR REMARKS:

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N ACTION DUE TO NRR DIRECTOR'S OFFICE BY k

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'New England Coalition on Nuclear Pollution,Inc.

Box 545, Brattleboro, Vermont 05301 Phone (802)257-0336 March'10,1998 United States Nuclear Regulatory Commission l

Washington, D.C. 20555 l

ATTN: Document Control Desk The New England Coalition on Nuclear Pollution asks that NRC consider the fol-lowing public health concem and reouest for remedial action under the provisions of 10CFR2.206:

We are deeply concemed by recent revelations that radioactive wastes have been disposed of in ordinary landfills instead of in regulated, licensed radioactive waste disposal facilities designed to protect the public and the environment from conta-i mination.

There appears to be a pattem of violatMof low-level nuclear waste' disposal con-trols at New England nuclear power facilities. Revelations that radioactive materials, including fill and building materials, were released by Connecticut Yankee Nuclear Power Station for off-site use, have been followed by the equally disturbing discovery that Maine Yankee Atomic Power Station had over a number of years sent radioactive rubbish of undetermined concentration and isotopic makeup to the Wiscasset, Maine, municipal landfill. The Wiscasset landfill has since been closed and capped presenting the possibility that radioactive materials there may not be retrievable even at such time as they may be found leached into local aquifers.

We note that the Maine discovery came instant upon the denial by Maine Yankee Atomic Power Company of even the possibility of sending radioactive materials off-site, such denials being made at a March 5,1998 public meeting of the community advisory board. The denial was immediately contradicted by Mr. Pat Dostie, a state nuclear safe-ty inspector who was aware of the illegal dumping in 1986. Despite being made aware of the matter at the time, Maine Yankee failed to notify the NRC, or take remedial actions.

These previously unidentified concems were uncovered during site characteri-zation work preparatory to the decommissioning of these facilities. These discoveries call into question the adequacy of the programs designed to safe guard the public from the unique hazards associated with the generation of electricity by nuclear fission.

In the interest of restoring public confidence and securing the maximum protec-

. tion of the public from the harmful effects of radiation, the New England Coalition believes the conservative response to the evidence available would be to assume that other licensee radioactive materials control programs, and of NRC oversight of these programs, have been subject to similar breakdowns in quality control.

g Specifically, we are concerned with the potential for ar$v similar lapses at the Vermont Yankee Nuclear Power Station.

The following steps, at minimum, should be taken immediately to provide the.

necessary public assurance that unregulated dumping has not occurred:

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Educating t he Public in Clean Alternatives to Nuclear Po w e r

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1. NRC should undertake an NRC inspector-conducted search of Vermont Yankee Nuclear Power Corporation's disposa' recoids similar in scope to those that led to the ' discovery of the problems at Connecticut Yankee and Maine Yankee.

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2. NRC should undertake an independent assay of local landfills that could have reded shipments of trash from from Vermont Yankee since operatione, began at the plant.

4 lt should be understood that the New England Coalition believes that an enu-meration of past NRC performance repods about the licensee's radioactive materials handling programs will not serve, in this case, to provida the necessary assurances.

A concerned and R9190llally endangered public should not hwa te wg!! until decommissioning neglns to learn if unregu!ated dumping of radioactive materials to the local environment has occurred. Additionally, the prompt identification of contamina-tion, should any exist, gives the maximum hope that any necessary remediation efforts will occur beforc :!gqificant migration into the soll and groundwater has taken place.

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ley, Trust Legislative spresentative, NECNP p.s. To assist us in our ongoing efforts to monito the health and safety implica-tions of the operations of Vermont Yankee, we request that NRC place the New England Coalition on the service list for this reactor.

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