ML20248L537

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Responds to to Chairman Jackson Re Applicability of Provisions of Backfit Rule to Permanently Shutdowwn Npps. Concludes That Commission Did Not Appear to Explicitly Consider Applicability of Backfit Rule for Decommissioning
ML20248L537
Person / Time
Site: Maine Yankee
Issue date: 06/09/1998
From: Collins S
NRC (Affiliation Not Assigned)
To: Colvin J
NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT &
References
PROJECT-689 NUDOCS 9806110221
Download: ML20248L537 (2)


Text

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4 June 9, 1998' i

Mr. Jos F. Colvin, Presidint Nuclear Energy Institute l

Suite 400 1776 i Street, NW ~

- Washington,' DC ~ 20006-3708

SUBJECT:

APPLICABILITY OF THE BACKFIT RULE TO PERMANENTLY SHUTDOWN POWER REACTORS '

Dear Mr. Colvin:

I am responding to your ' letter of March 20,1998, to Chairman' Jackson of the U.S. Nuclear Regulatory Commission (NRC) regarding the applicability of the provisions of the backfit rule.to permanently shutdown nuclear power plants. In your letter, you addressed one issue specific to the Maine Yankee Atomic Power Station. I have enclosed a copy of the

- NRC's response to the licensee for Maine Yankee regarding its backfit claim concerning beyond-design-basis accidents in spent fuel pools. Meine Yankee has filed an appeal of the NRC determination, and the staff is processing the appeal. In your letter, you also addressed the more generic implications of the relevance of this issue to the nuclear industry.

Following a' review of the history of the backfit rule and the latest decommissioning regulations, the staff has concluded that the Commission did not appear to explicitly

consider the applicability of the backfit rule to decommissioning reactors. inclusion of a backfitting provision with respect to fuel management requirements in 10 CFR Part 72 is 1

not indicative of any determination to extend backfitting to decommissioning. However, the staff will raise to the Commission the matter of how the provisions of the backfit rule apply for permanently shutdown nuclear power plants.

if you have any questions regarding this matter, please contact Dr. Seymour Weiss at 301-415-2170.

Sincerely, -

i ORIGINAL SIGNED BY:

Roy Zinnerman for Samuel J. Collins, Director Project No. 689.

Office of Nuclear Reactor Regulation g

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'%.....,o June 9, 1998 Mr. Joe F. Colvin, President Nuclear Energy Institute Suite 400 1776 i Street, NW Washington, DC 20006-3708

SUBJECT:

APPLICABILITY OF THE BACKFIT RULE TO PERMANENTLY SHUTDOWN POWER REACTORS

Dear Mr. Colvin:

I am responding to your letter of March 20,1998, to Chairman Jackson of the U.S. Nuclear Regulatory Commission (NRC) regarding the applicability of the provisions of the backfit rule to permanently shutdown nuclear power plants. In your letter, you addressed one issue specific to the Maine Yankee Atomic Power Station. I have enclosed a copy of the NRC's response to the licensee for Maine Yankee regarding its backfit claim concerning beyond-design-basis accidents in spent fuel pools. Maine Yankee has filed an appeal of the NRC determination, and the staff is processing the appeal. In your letter, you also addressed the more generic implications of the relevance of this issue to the nuclear industry.

Following a review of the history of the backfit rule and the latest decommissioning regulations, the staff has concluded that the Commission did not appear to explicitly 1

consider the applicability of the backfit rule to decommissioning reactors. inclusion of a backfitting provision with respect to fuel management requirements in 10 CFR Part 72 is 4

not indicative of any determination to extend backfitting to decommissioning. However, the staff will raise to the Commission the matter of how the provisions of the backfit rule apply for permanently shutdown nuclear power plants.

if you have any questions regarding this matter, please contact Dr. Seymour Weiss at 301 415-2170.

Sincerely, r&

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muel. ollins, Director l

Office of Nuclear Reactor Regulation j

Project No. 689 l

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