ML20236F673

Forwards Exemption from Certain Requirements of 10CFR73.55 for Maine Yankee Atomic Power Station & Environ Assessment & Finding of No Significant Impact.Exemption Allows Util to Discontinue Certain Aspects of Security Plan

ML20236F673
Person / Time
Site:	Maine Yankee
Issue date:	06/29/1998
From:	Michael Webb NRC (Affiliation Not Assigned)
To:	Meisner M Maine Yankee
Shared Package
ML20236F675	List: ML20236F673 ML20236F678 ML20236F682
References
TAC-MA0281, TAC-MA281, NUDOCS 9807020280
Download: ML20236F673 (9)

Text

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, p%ps% 4 UNITED STATES g j NUCLEAR REGULATORY COMMISSION g WASHINGTON D.C. 20666-0001

! ** . *" June 29, 1998 I

Mr. Michael J. Meisner, President Maine Yankee Atomic Power Company P.O. Box'408 -

! Wiscasset, Maine 04578 i

SUBJECT:

EXEMPTION FROM CERTAIN REQUIREMENTS OF 10 CFR PART 73 AT MAINE YANKEE ATOMIC POWER STATION (TAC NO. MA0281) i

Dear Mr. Meisner:

The Commission has issued the enclosed exemption from certain requirements of 10 CFR

'73.55 for the Maine Yankee Atomic Power Station (MYAPS). This exemption is in response to your application dated November 25,1997, as supplemented March 5, and June 23, 1998, in which you requested exemption from certain portions of 10 CFR 73.1 and 10 CFR 73.55 to allow MYAPS to discontinue certain aspects of the security plan as a result of the permanently shutdown and defueled status of the facility.

This exemption relates specifically to the following'8 of the original 11 issues:

(1) transferring the authority to suspend safeguards measures from a licensed senior operator to a certified fuel handler, (2) not requiring the secondary power supply to be

' located in the security area, (3) not having a bullet-resistant access control point at the entrance to the security area and bullet-resistant control rooms (reactor or spent fuel),

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(4) reducing the number of armed guards below the approved security plan commitment, (5) not having a secondary alarm station,'(6) deleting of the backup power supply for non--

portable communication equipment located in the central alarm station, (7) not requiring the

- alarm station to be located in the protected area, and (8) not requiring the alarm station and new control room to be bullet resistant.- Each of these 8 items is discussed in an enclosure i

. to this letter. I

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Given the reduced risk at the defueled site, we have determined that these 8 exemptions do f not decrease the overall effectiveness of security at a defueled site, as described in the..

proposed defueled site security plan. Therefore, pursuant to 10 CFR 50.54(p), these 6OI changes do not require further NRC approval and the site can incorporate these exemptions into the revised security plan and implement the plan upon receipt of this letter. Plan Y ,

L changes to incorporate these 8 specific exemptions should be submitted at the time of their  ;

> implementation. '

i; The staff has identified three exemptions in your submittal that currently are not acceptable L for defueled reactor sites.; These exemptions would delete or remove requirements for (1) the design vehicle barrier, (2) an' exterior isolation zone, and (3) electronic search l equipment for those who would access the protected area. These issues are also discussed in more detail in the enclosure to this letter.-

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Mr. Michael J. Meisner Also enclosed is a copy of the Environmental Assessment and Finding of No Significant impact related to your application.

Sincerely, I

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Michael K. Webb, Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nucleas Reactor Regulation Docket No. 50-309

Enclosures:

As stated i

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i Mr. Michael J. Meisner Also impact enclosed related to yourisapplication.

a copy of the Environmental Assessment and Finding of No Sincerely,

. ORIGINAL SIGNED BY:

Michael K. Webb, Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50-309

Enclosures:

As stated

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DISTRIBUTION:

Docket File 50-309 EHylton E MAIL COPY

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Mr. Michael J. Meisner Also enclosed is a copy of the Environmental Assessment and Finding of No Significant impact related to your application.

Sincerely, ORIGINAL SIGNED'BY:

Michael K. Webb, Project Manager ]

Non-Power R6 actors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear. Reactor Regulation Docket No. 50-309

Enclosures:

As stated DISTRIBUTION: E-MAIL COPY

. Docket File 50-309 EHylton RBurrows PUBLIC MWebb RDudley PDND r/f ' THarris MFairtile SCollins/FMiraglia (OS-E7) OGC (015-B18) TFredrichs BBoger (05-E7) GHill (2) (T5-C3) LThonus JRoe' SECY PHarris SWeiss BMcCabe AMarkley MBoyle (Exerr< f%s Ont;^ Region 1 DWheeler AChaffee '

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Mr. Michael J. Meisner Also enclosed is a copy of the Environmental Assessment and Finding of No Significant

!mpact related to your application.

Sincerely,

. ORIGINAL SIGNED BY:

Michael K. Webb, Project Manager Non-Power Reactors and Decommissioning Project Directorate

' Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50-309 -

Enclosures:

As stated DISTRIBUTION: E-MAIL COPY Docket File 50-309 EHylton RBurrows PUBLIC MWebb RDudley

- PDND r/f -THarris MFairtile SCollins/FMiraglia (05-E7) . OGC (015-B18) TFredrichs BBoger (05-E7) GHill (2) (T5-C3) LThonus JRoe SECY: PHarris SWeiss BMcCabe . AMarkley MBoyle (Exemptions Only) Region 1 DWheeler

AChaffee JMinns -

PREVIOUSLY CONCURRED M v~

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MMasnik [ SWeiss J 6/Jj/98 ~ 6q/98 6/ /98 ffM98 OFFICIAL RECORD COPY.

DOCUMENT NAME: G:\SECY\WEBB\E-MA0281

_ _ _ _ = _ _ _ _ . _ _ _ - _ _ _ _ ____ . _ _ _ _ _ - ___ _ _ _ _

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

Mr. Charles B. Brinkman Friends of the Coast Manager - Washington Nuclear P.O. Box 98 i

Operations Edgecomb, ME 04556 ABB Combustion Engineering l

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 Ropes & Gray Wiscasset, ME 04578 One international Place Boston, MA 02110-2624 Mr. George Zinke, Director Nuclear Safety and Regulatory Affairs Mr. Uldis Vanags Maine Yankee Atomic Power Company 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 Mr. P. L. Anderson, Project Manager P.O. Box 566 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 Regional Administrator, Region l 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 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 Mr. Richard Rasmussen State of Maine Nuclear Safety Senior Resident inspector inspector Maine Yankee Atomic Power Company Maine Yankee Atomic Power Company U.S. Nuclear Regulatory Commission P.O. Box 408

- P.O. Box E Wiscasset, ME 04578 Wiscasset, ME 04578 Mr. Mark Ferri Mary Ann Lynch, Esquire Decommissioning Director Maine Yankee Atomic Power Company P.O. Box 408 Maine Yankee Atomic Power Company Wiscasset, ME 04578 P.O. Box 408 Wiscasset, ME 04578

ENCLOSURE NRC Staff Evaluation of Maine Yankee Atomic Power Company (MYAPCo) Exemption Requests ISSUE: Exemption from the requirement for a licensed senior operator to suspend safeguards measures. MYAPCo proposes to transfer the authority to suspend safeguards measures to a certified fuel handler. (ACCEPTABLE)

' A certified fuel handler has the authority to depart from a technical specification or license condition involving an emergency situation to protect public health and safety and provide equivalent protection for the site. - Although the certified fuel handler is not an inoividual licensed by the NRC as is the licensed senior reactor operator, this individual's responsibilities are part of the licensee's certification process and training program that the NRC has reviewed and approved through amendment of the technical specifications. The certified fuel handler is the individual on shift with knowledge about protecting the fuel from situations that may occur at the site.

ISSUE: Exemption from the requirement that the secondary power supply be located in the protected area (PA). (ACCEPTABLE)

The regulations require that the secondary power supply be located in vital areas. Because vital areas, by definition, no longer exist at defueled sites, this requirement becomes moot.

Also, because of the reduced size of the protected area (PA) it may not be possible to relocate the power supply into the protected area. In addition, hardened alarm stations may be located outside the protected area, which would require at least a portion of the equipment to be installed outside the PA. . For the reasons stated above, it is believed that the presence of the equipment / function is the more significant issue, not its location.

ISSUE: . Exemption from the requirement that a security force member be located within a bullet-resistant structure to control the last access point into the protected area to summon assistance in an emergency. (ACCEPTABLE)

The entrance to the spent fuel building protected area at a defueled site will be controlled by a guard (an armed individual) who will have communication capability with the central alarm station. This person will be responsible for access control, search functions, and authorizations into the protected area for ali personnel, and he can summon assistance in an

' emergency. When personnel access and work-related functions are not required within the spent fuel building, the building must be locked and alarmed at all access points and monitored by the central alarm station.

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ISSUE: Exemption from the requirement concerning the total number of guards and armed trained personnelimmediately available at the facility to fulfill response requirements. (ACCEPTABLE)

j. ' With the transition from an operating reactor site to a defueled facility, the size of the  !

' protected area has been reduced to a single area that needs to be monitored and protectei For the defueled site, the licensee proposes a security program that provides both

security-related equipment and a security force, some of whom are armed, to protect the

! spent fuel from acts of radiological sabotage. The armed security force members on site will be trained and qualified, and can react to different scenar;os based on preplanned contingency events. In addition, the licensee has coordinated with the local law enforcement agency to respond to threats against the site.

ISSUE: Exemption from the requirement for a' secondary alarm station. (ACCEPTABLE)

' The regulations require that there be a secondary alarm station (SAS) (not necessarily on site) to ensure that the site is capable of requesting offsite local law enforcement agency (LLEA) assistance if the central alarm station (CAS) is eliminated. At operating reactor sites, all SASS have been located within the protected areas; this has provided the

- necessary assurance and availability for communications with the LLEA. With the reduction of the protected area to only incorporate the spent fuel pool and the surrounding building structurei the SAS will no longer be required since the CAS or another security station, also

- located outside the protected area, will be required w be bulle, resistant. Accordingly, a redundant SAS is not necessary to guarantee emergency offsite communications to the LLEA.

ISSUE: Exen:ption from the requirement that non-portable communication equipment shall remain ' operable from independent power sources in the event of a loss of normal power. (ACCEPTABLE) i

~ Having the non-portable communication equipment on the backup power supply is considered essential for continuous contact with the locallaw enforcement agencies should the offsite power be interrupted. Because only a limited number of armed security force members will be on site, this communication link to a predetermined offsite response force

- is necessary for helping protect the defueled site from'an adversary intent on performing an act of radiological sabotage. Since this non-portable communication equipment will be located in the central alarm station, and is not on the backup power supply, the licensee has committed to an alternative communication system to contact LLEA during an emergency.

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ISSUE: Exemption from the requirement that an offsite (outside the protected area) alarm station be provided. -(ACCEPTABLE)

L A non-bullet-resisting offsite alarm station located outside the protected area does not

- ensure that a single violent act could not eliminate the site's ability to summon LLEA

. assistance. By utilizing an alternate security station that is continuously staffed, has

--. communication capability with both the CAS and the offsite LLEA, and is bullet resistant.

LLEA notification is ensured in an emergency.

ISSUE: Exemption from the requirement that the alarm station and new control room be

- bullet resistant. (ACCEPTABLE FOR CONTROL ROOM AND ALARM STATION '

PROVIDED THAT AN ALTERNATE SECURITY STATION IS BULLET RESISTANT)

An unsecured alarm station gives no assurance that the guard could survive an attack and be able to call for offsite LLEA assistance. However, a continuously staffed alternate security station that is bullet resistant and has communication capability with the CAS and the offsite LLEA is considered acceptable. The staff agrees that the new control room does

- not have to be bullet resistant, since it is basically an administrative area and contains no equipment that.would allow it to physically change any of the spent fuel pool parameters.

As a point of clarification, the old reactor control room may be devitalized and it also does not need to be bullet resistant since the reactor contains no fuel and is'no longer -

operational.

ISSUE: Exemption from the vehicle threat requirement. (NOT ACCEPTABLE)

- The upgrading of the design-basis threat to include an explosive-laden vehicle has required i operating sites to install a vehicle-barrier system around plant sites to prevent unauthorized

. access by a vehicle. At certain sites, the absence of vehicle barriers would allow a vehicle to be parked next to or as a worst case, driven into the spent fuel pool. . Until the ' .

Commission has determined how much damage an explosive-laden vehicle could cause to )

. the spent fuel, vehicle barriers must remain in place (to maintain the proper " standoff" i distances to the spent fuel pool). Rearrangement of those barriers to eliminate devitalized areas will be acceptable.

I ISSUE: . Exemption from the requirement to maintain an isolation zone adjacent to the protected area barrier. (NOT ACCEPTABLE)

An e'xternal isolation zone is required _ at defueled reactor sites in order to maintain a clear

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area outside the walls of the spent fuel building to be used for assessing unauthorized activities concerning radiological sabotage of the spent fuel. A licensee is required to ensure assessment capability of the external protected area barrier either by using closed-circuit television (CCTV) cameras that will be monitored in the CAS or by setting up i permanently manned posts to observe the barrier.

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4 ISSUE:

Exemption from the requirement to perform the search function through the use l

of detecting equipment. (NOT ACCEPTABLE)

Security personnel at each defueled reactor site will be required to search authorized personnel and packages entering the protected area by means of either walkthrough metal and explosive detection equipment or by handheld portable equipment to detect unauthorized items that have the potential to be used to commit an act of radiological sabotage on the spent fuel. This equipment will be tested in accordance with current plan commitments to ensure performance and operability. Should search equipment fail and should there be no backup equipment, a hands-on search of personnel can be used temporarily as a compensatory measure and packages can be visually searched to determine their contents until the electronic search equipment is repaired or replaced.

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