ML102150520

8/2/2010 Ltr. to J. Connell Applicability of the Revised 10 CFR 73.55 Rule to the Maine Yankee Independent Spent Fuel Storage Installation (TAC No. L24436)

ML102150520
Person / Time
Site:	Maine Yankee
Issue date:	08/02/2010
From:	Eric Benner NRC/NMSS/SFST
To:	Connell J Maine Yankee Atomic Power Co
Rich, S NMSS/SFST/LID/LB 492-3218
References
TAC L24436
Download: ML102150520 (4)

Text

August 2, 2010 Mr. James Connell ISFSI Manager Maine Yankee 321 Old Ferry Road Wiscasset, ME 04578-4922

SUBJECT:

APPLICABILITY OF THE REVISED 10 CFR 73.55 RULE TO THE MAINE YANKEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L24436)

Dear Mr. Connell:

This letter is being sent as a follow on to the U. S. Nuclear Regulatory Commission's (NRC's) July 20, 2010, webinar on the applicability of the power reactor security regulations to 10 CFR Part 50 licensees. The purpose of this letter is to provide clarification on this issue and notify licensees of additional actions that may be required. The revised Power Reactor Security Rule (74 Federal Register (FR) 13926) became effective on May 26, 2009, with compliance required by March 31, 2010. The requirements in 10 CFR 73.55 are referenced in the protection requirements (10 CFR 72.212(b)(5)) for the general license issued under 10 CFR 72.210. The NRC recognizes that some Part 50 licensees (e.g., a Part 50 licensee with a facility undergoing decommissioning or a Part 50 licensee that has only a general licensed Independent Spent Fuel Storage Installations under 10 CFR 72.210 with no plant or a plant in decommissioned status) may not have recognized the applicability of the revised Power Reactor Security Rule to their facility. As a result, Part 50 licensees with facilities in decommissioning or decommissioned status may be out of compliance with the current 10 CFR 73.55 security requirements.

The NRC believes that there are currently no security or health and safety gaps at these facilities that may not be in compliance with the current 10 CFR 73.55 requirements. This is because the security programs at these facilities meet the baseline requirements of the previous version of 10 CFR 73.55 and also meet the requirements in subsequent security orders.

For facilities which may not be in compliance with the current 10 CFR 73.55, the NRC will consider, as appropriate on a case-by-case basis, the use of enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy, "Violations Involving Special Circumstances" for a period of time until the exemption process is completed. The NRC will consider a licensees' demonstration of good-faith attempt to interpret and implement the new rule, the licensee's prompt corrective actions, and the NRC's recognition of ambiguity regarding the scope of the rule when applying this discretion. Potential findings that are apparent violations of orders or applicable regulations and not attributable to good-faith interpretation and implementation problems, potential noncompliances that involve willfulness or deliberately uncorrected deficiencies, or potential noncompliances that either were not attributable to good-faith interpretation and implementation problems or involved willfulness will be dispositioned through the normal enforcement processes.

Licensees need to evaluate the applicability of the current 10 CFR 73.55 to their specific facility and either make appropriate changes to the ISFSI physical protection system or apply for exemptions, as necessary. As a matter of clarity, the current 10 CFR 73.55 rule does not obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by Orders. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process. Licensees should also evaluate the need to revise their Physical Security Plan.

The NRC requests that licensees comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010 webinar and this letter. Please contact John Goshen at 301-492-3325 with questions.

Sincerely,

/RA/ Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30

cc: Service List

obviate licensees from implementing the Interim Compensatory Measures or Additional Security Measures (ASMs) that were imposed by Orders. Therefore, the requirements in the ASMs remain in effect. Exemptions granted to requirements in the previous version of 10 CFR 73.55 automatically transfer provided the language in 10 CFR 73.55 has not changed substantively. Consistent with past practice, NRC will consider allowing a licensee in a decommissioning status or a Part 50 licensee that has only a general licensed ISFSI under 10 CFR 72.210 with no plant or a plant in decommissioned status to decrease their security requirements through the exemption process. Licensees should also evaluate the need to revise their Physical Security Plan.

The NRC requests that licensees comply with the requirements in 10 CFR 73.55 or request exemptions from those requirements in 10 CFR 73.55 that the licensee believes are not applicable to their facility. Exemption requests, and if applicable, license amendment requests should provide the basis for the request. Responses and exemption requests shall be submitted within 120 days of the date of this letter to the Division of Spent Fuel Storage and Transportation, Deputy Director for Licensing and Inspection Directorate. The NRC will return previously-submitted exemption requests from affected licensees to allow licensees to fully address the July 20, 2010 webinar and this letter. Please contact John Goshen at 301-492-3325 with questions.

Sincerely,

/RA/ Eric Benner, Chief, Licensing Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30

cc: Service List Distribution: Judith.joustra@nrc.gov TAC No. L24436

ADAMS: ML File location: G:\SFST\Maine Yankee \10CFR7355 letter-MY.docx OFC SFST SFST SFST SFST NAME SRich DDamiano JGoshen EBenner DATE 07/30/2010 07/30/201008/02/2010 08/02/2010 OFFICIAL RECORD COPY

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Senator Charles Pray State Nuclear Safety Advisor State Planning Office State House Station #38 Augusta, ME 04333

First Selectman of Wiscasset Municipal Building U.S. Route 1 Wiscasset, ME 04578 Friends of the Coast P.O. Box 98 Edgecomb, ME 04556 Mr. Jonathan M. Block Attorney at Law P.O. Box 566 Putney, VT 05346-0566 Joseph Fay, Esquire Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 Mr. Wayne Norton, Vice President and Chief Nuclear Officer Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 Mr. Gerald Poulin, Chairman and President Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 W. Clough Toppan, P.E., Director Division of Health Engineering Department of Human Services #10 State House Station Augusta, ME 04333

Mr. Patrick J. Dostie State of Maine Nuclear Safety Inspector Department of Health and Human Services Maine Public Health Division of Environmental Health 286 Water St., Key Plaza - 8th Floor State House Station 11 Augusta, ME 04333 Mr. Jay Hyland State of Maine 286 Water St., Key Plaza - 8th Floor State House Station 11 Augusta, ME 04333 Mr. Mark Roberts U.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406 Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406 Decommissioning Branch Chief, Region 1 U.S. Nuclear Regulatory Commission

475 Allendale Road King of Prussia, PA 19406 David Lewis, Esquire Shaw Pittman 2300 North Street, NW Washington, DC 20037