RA-05-024, Response to NRC RAI on Use of 10CFR50.59

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Response to NRC RAI on Use of 10CFR50.59
ML051370429
Person / Time
Site: Maine Yankee
Issue date: 05/05/2005
From: Meisner M
Maine Yankee Atomic Power Co
To:
Document Control Desk, NRC/FSME
References
MN-05-021, RA-05-024
Download: ML051370429 (2)


Text

Maine Yankee 321 OLD FERRY RD. - WISCASSET, ME 04578-4922 May 5, 2005 MN-05-021 RA-05-024 UNITED STATES NUCLEAR REGULATORY COMMISSION Attention: Document Control Desk Washington, DC 20555

References:

(1) USNRC Letter to Maine Yankee, dated April 11, 2005, Review of Appendix M, "LTP Change - Concrete Remediation Gamma Scans" to Maine Yankee Letter MN-05-006 (2) Maine Yankee Letter to USNRC, MN-05-006, dated February 16, 2005, Response to NRC RAI's on FSS Final Report Nos. l and 2

Subject:

Response to NRC RAI on Use of IOCFR50.59 By Reference I you conclude that Maine Yankee inappropriately used the 50.59 process to change our License Termination Plan. This is incorrect. We have previously responded (Reference 2) to the issues you raised, and stand by our response.

The only new information presented in Reference 1 concerns the basis for your conclusion re our use of 10CFR50.59. Specifically, you note "Without gamma scan data or sampling data to verify the absence of contamination at depth, the staff does not concur with Maine Yankee's conclusion that it will meet the license termination dose criteria." However, at least two other approaches are acceptable to conclude that the license termination dose criteria have been met - an analysis of the dose consequences of a worst case potential contamination and a demonstration that no physical path exists for contamination to enter groundwvater. Since both these approaches have been found acceptable, the staff's basis is not valid.

As we discussed with NMSS and Region I senior management on April 22, since there remain no unresolved techicial issues con&erninig contamination at depth, it is our understanding that the 10CFR50.59 issue will be handled similarly to other open process issues - i.e., referred to Region I fo resolution as an inspector followup item.

ichael J Meisner . .

Vice Pre ident & Chief Nuclear Officer - . - - .

C: Dr. R. R. Bellamy, NRC Region I; Mr. D. R. Lewis, Esq., Shaw Pittman Mr. C. Pray, State of Maine, Nuclear Safety Advisor Mr. P. J. Dostie, State of Maine, Division of Health Engineering Mr. D. Gillen, NRC Deputy Director, Division of Waste Management k%55A1

UNITED STATES NUCLEAR REGULATORY COMMISSION Attention
Document Control Desk Page 2 of 2 Mr. M. Rosenstein, USEPA Region I Mr. S. J. Collins, NRC Regional Administrator, Region I Mr. J. Buckley, NRC NMSS Project Manger, Decommissioning Mr. M. Roberts, NRC Region I Mr. R. Shadis, Friends of the Coast