ML21354A027

Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements

ML21354A027
Person / Time
Site:	Three Mile Island
Issue date:	12/15/2021
From:	Van Noordennen G TMI-2 Solutions
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
TMI-RA-COR-2021-0017
Download: ML21354A027 (14)

Text

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TMl-2 SOLUTIONS 10 CFR 50.12 10 CFR 50, Appendix B 10 CFR 50.59(d)(3) 10 CFR 50.71 (c)

TMI-RA-COR-2021-0017 December 15, 2021 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Three Mile Island Nuclear Station, Unit 2 (TMl-2)

Facility Operating License No. DPR 73 NRC Docket No. 50-320

Subject:

Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2) -

Request for Exemption from Record Retention Requirements

Reference:

1) "Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements," dated October 5, 2021 (ML21279A278)

As listed in Attachment 2 of the Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements (Reference 1), records of the TMl-2 incident which occurred on March 28, 1979 would be deleted upon approval of the Request.

However, pursuant to the Nuclear Regulatory Commission Order dated May 22, 1979 (Attachment 1), all records that may be related to the accident at Three Mile Island, or to understanding of all events incident thereto, shall be preserved intact by persons in possession of such records for the period commencing March*28, 1979 and continuing through April 30, 1979. A Nuclear Regulatory Commission Order dated August 6, 1982 (Attachment 2) determined that the Commission's May 22, 1979 Order is to be vacated only with respect to the retention of catalogued physical samples or if the Director of the Office of Nuclear Reactor Regulation finds that particular records or categories of records no longer need be retained. Otherwise, the scope of the initial 1979 Records Preservation Order has not been affected.

This Supplemental Letter serves to commit TMl-2Solutions, LLC as the TMl-2 licensee to preserve all records pertaining to the 1979 Records Preservation Order. An inventory of such records for the period from March 27, 1979 through May 1, 1979 was submitted to the Nuclear Regulatory Commission on November 18, 2021 to assist the NRC Historian in determining if the NRC document collection for the TMl-2 accident was missing any needed . I N f\i\ c:,, so NMS<;

documents. Any documents requested by the NRC for the time period of the 1979 order will be provided to the NRC Project Manager.

If you have any questions concerning this letter, please contact me at 860-462-9707.

Sincerely, Gerard P. Van Noordennen

~ 'P. -Pem ~ Dec 15 2021 7:29 AM Gerard van Noordennen Senior Vice President Regulatory Affairs TMl-2 Solutions, LLC Attachments:

1. Nuclear Regulatory Commission Order dated May 22, 1979

2. Nuclear Regulatory Commission Order dated August 6, 1982 cc: w/Attachments Regional Administrator - NRC Region I NRC Lead Inspector - Three Mile Island Nuclear Station - Unit 2 NRC Project Manager - Three Mile Island Nuclear Station - Unit 2

TMl-2 Service List Ken Robuck Director, Bureau of Radiation Protection, President and CEO Department of Environmental Protection, Energy Solutions Commonwealth of Pennsylvania 299 South Main Street, Suite 1700 Rachel Carson State Office BLDG.

Salt Lake City, UT 84111 13TH Floor P.O. Box 8469 John Sauger Harrisburg, PA 17105-8469 President and Chief Nuclear Officer Reactor D&D Chief, Division of Nuclear Safety, Bureau Energy Solutions of Radiation Protection, 121 W. Trade Street, Suite 2700 Department of Environmental Protection, Commonwealth of Pennsylvania Charlotte, NC 28202 Rachael Carson State Office BLDG.

Mike Lackey 13TH Floor Senior Vice President P.O. BOX 8469 D&D Operations Harrisburg, PA 17105-8469 EnergySolutions 121 W. Trade Street, Suite 2700 Chairman, Board of County Charlotte, NC 28202 Commissioners, Dauphin County 112 Market Street Gerard van Noordennen 7th Floor Senior Vice President Regulatory Affairs Harrisburg, PA 17101 Energy Solutions 121 W. Trade Street, Suite 2700 Trevor Orth Charlotte, NC 28202 Site Decommissioning Director Three Mile Island Generating Station Frank Helin Route 441 South Project Director Middletown, PA 17057 TMl-2 Solutions 121 W. Trade Street, Suite 2700 Craig Smith Charlotte, NC 28202 . Site Decommissioning Regulatory Assurance Lead Russ Workman Three Mile Island Generation Station General Counsel Route 441 South Energy Solutions Middletown, PA 17057 299 South Main Street, Suite 1700 Salt Lake City, UT 84111 Daniel F. Stenger Hogan Lovells US LLP 555 13th St NW Washington, D.C. 20004

Attachment 1 TMl2-RA-COR-2021-0017 Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements Nuclear Regulatory Commission Order dated May 22, 1979

UKITEO STATES OF AMERICA .

." NUCLEAR REGULATORY COMMISSION l)OC'l'rffl)

COMMISSIONERS: . UINIC Joseph M. Hendrie, Cha1nnan JAY2 2 197 Victor Gi 1i nsky Richard T. Kennedy Peter A. Bradford John F. Ahea me ORDER The Commission has begun a wide-ranging in*~**,'.::tigation into all *aspects of the Three Mile Isiand accident. This investigation will be one of the major vehicles By which the Corr:r.ission will seek to uncover the causes of that acci-dent and to prevent sir.ri1ar accidents. In order to assure the effectiveness of the investigation it is essential that the investigators have access to every i ,*

potential source of data that may be relevant to their work, and it is equa~ly essential that those potential sources be retained until such time as the investigators can decide what lines of inquiry to follo~* and what. data they need.

Accordingly, under the authority of sections 161(c) and 161(0) cf the Ator.iic Energy Act; 42 USC 2201(c) and (o), the Comission hereby orders the preservation of su::h records. Until further order all records that may be reiated to the accident at Three ~ile Island, or to understanding of all events incident thereto. shall be preserved intact by. persons in possession of such records including, but not limited to, Metropolitan Edison Company (the licensee).

General Public Utilities (its holding company), Babcock g* Wilcox Company (the reactor vendor) and their consultants, agents and employees. Other reactor vendors. utilities, corporations. and laboratories who participated in the joint re:-:-edi a1 effor~s ~*hi ch co:-r.ienced during ar.c! im:;iedi 2te ly after the accident and 4:.he

• consuitan:s. a;ents and er,1p1oyees of any of the above are to preserve a11 169 008

sicilar records for the period co::rnencing ~arch 28 and continuing through April 30. 1979. 1'gencies of the United States and of the Commonwealth of Pennsylvania who assisted in those efforts are requested to preserve any similar records 1 n their possess1 on. The te m "records" is used broadly and is meant to encompass all sources of data including. but not limited to, reports. memoranda, engfnrer1ng analyses. experimental results, lists of references consulted.

telephone memoranda. pre11r.inary drafts of any record, and any similar potential source of information whether forna1 or infonnal. These records are to be preserved intact until they are released either by the Conr..ission's investiga-tive authorities as authori zed: herea fter or by subsequent order of the Commis-sion.

The Director of the Commission's Special Investigation of Three ~ile Island

s authorized to interpret thf s Order and to authorize exceptions to 1 t. The Director or the Acting Director sha11 bring to our attention any violations of this Order or si mil ar matters believed to require our attention.

It is so ORDERED.

ILK Corrrnission Dated at Washington, DC, th is 22nd day of May, 1979..

169 009

l~ITED STATES OF A.~RICA

~i?CLEAR REGlTJ.ATORY co~~~SSIO~

1:1 the ~.atter of )

)

~O?OLITA.~ £DISOS CO~A..\'i, ) Docket No.(s) 50-320 tr Al. )

)

(Three Mile Island, Uni~ 2) )

)

SERVICE LISI u~ard Luton, Esq., Chair::ian Chnuncey P. Kepford A:o~ic Safety and Licensins Boa:d 1;33 Orlando Avenue t:. S. fou:leor Regulatory Cc=ission State Colle~e, Pennsylvnnia 16801

~cshington, D. c. 20555 P.ononble Karin \~. Carter

~:. Gustave A. Lincnberser Assistant Attorney General 1.:0:::ic Safety anc Licensing Board Departt:1ent of Enviroru:iental Resources r.s. ~uclcar Resulatory Coc:;ission i09 Health and ~clfare Building ra hinston;' D. c. 20555 Hart'isbuq;, Pennsylv.inia 17120 Dr. rrnest 0. Salo, Profcsso~ m.ss Haey t. Southard

!.sheries Resea:eh bstitute, \-"E-10 Citi:ens for a Safe Environment Collefe of Fisheries P.O. Box 1;05

[:iv rs1ty o! ~ashin~ton Earrisburg, Pennsylvania 17108 s~, ttle, Washins::ton 98195 Dr. ,. Recd Johnson c~u-:i el for ?:RC Staff Ato~ie Safety and Licensing Appeal C:!icc of the !.xecutive Le~al Director Board

• .s. ~:ucle:ir Re~ulntory Co:=:1ssion C. * ?:ucl ear P.e~ufo tor)* Cot:II:1$S ion 1~.ishin on, D. C. ~0555 t.'.:shington, D. C. 20555 '

Geor e F. Tro~bridse, Esq.

S~a~, Pittoat, Potts 6 Tro~bridge l 00 11 ~! 11 Street, ~- ,~. i rashington, D. C. 20006 I

1. ..

Jan S. Rosenthal, !

sq., Ch:11::-...an

.!.:c::.:!c Saf cty anc Licen in :.p;,eal 1 Soard c.~. Suclear Re~ulatory Coc::ission

~ash::..nston, D.C. 20555 Je:-o~e C. S~ar!~an, Esq.

~:c- : c c~!et y ~n~ L!cen in ~ App al

. :. ::udcar ?.cru a : c:-y Co::::! s ~o:-1

.*.u :-... ~ ::on. . C. ~  ; 55 169 010

• Ellyn Wefss, Esq. * *Mr.James P. Stoudt, President Sheldon, Hannon. Roisman and Gilbert Associates Weiss P. 0. Box 149C 1025 15th Street, N. W. - Reading, Pennsylvania 19603 Washington, D. C. 20005 Bechtel Power Corporation Mr. Ronald Natalie 15740 Shady Grove Road President's Commission on the Gaithersburg, Maryl~nd Accident at Three Mile ATTN: Mr. Judd Island 2100 MStreet, N. W. Anthony Reisman, Esq.

Washington, D. C. 20037 Natural Resources Defense Council 917 15th Street, N. W.

George Trowbridge, Esq. Washington, D. C.

1800 MStreet, N. W.

Washington, D. C. 20006 Mr. Robert Borsum Babcock and Wilcox Company Atomic Industrial *Forum 7735 Old Georgetown Road 7101 Wisconsin Avenue, N. W. Bethesda, Maryland 20014 Washington, 0. C. 20014 Philip K. Lyon, Esq.

Combustion Engineering, Inc. House, Holms and *Jewell 4853 Cordell Avenue 1550 Tower Building Bethesda, Maryland 20014 Little Rock, Arkansas 72201 Mr. Robert Ketchel David S. Kaplan, Esq.

General Electric Corporation Secretary and General Counsel 777 ltth Street, N. W. Sacramento Municipal Utility District

~ashington. D. C. 20005 P. O. Sox 15830 Sacramento, California 95813 Mr. Harold Daubert Public P.elations Mr. Thomas Ger~sky Westinghouse Electric Corporation Bureau of Radiation Protection

• 1801 K Street, N. W. Department of Environmental Resources Washington, 0. C. 20036 P. 0. Box 2063 Harrisburg, Pennsylvania 17120 Michael McGarry, Esq. Electric Power Research Institute OeBevoise and Libennan 1750 Hew York Avenue, H. W.

1200 17th Street, H. W. Washington, D. C. 20036 Washington, D. C. 20005 Lynn R. Coleman, Esq.

Mr. S. A. Brandimore General Counsel Vice President and General Counsel Department of Energy Florida Power Corporation Washington, O. C. 20545 P. 0. Box 14042 St. Petersburg, Florida 33733 Peter Libessi. Esq.

Department of Health, Education, and

~r. Dani el Ford Welfare

• Unio of Concerned Scientists 200 lndeoendence Avenue, S. W.

120 Messa:husetts Avenue Washington, D. C. 20201 Canbrid ge, ~assachusetts 02138 169 a,,

Joan Bernstein. Esq.

General Counsel Environmental Protection Agency 401 MStreet. S. W.

Washingtcn. D. C. 20460

~:-*........,

~.

Deanne C. Siemer, Esq.

Genera Counse 1 Department of Defense The Pentagon ...

Washington, 0. C. 20301

t=

169 012

Attachment 2 TMl2-RA-COR-2021-0017 Supplemental Letter to Three Mile Island Nuclear Station, Unit 2 (TMl-2) - Request for Exemption from Record Retention Requirements Nuclear Regulatory Commission Order dated August 6, 1982

UNITEL> ST ATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20566 August 20. 1982 l

Mr. R. C. Arnold. President GPU Nuclear P.O. Box 480 Middletown, PA 17057

Dear Mro Arnold:

Your letter to me of February 26 1 1982 requested that the NRC vacate its May 22. 1979 Order relating to the pr~servation*of records pertaining to the accident at Three Mile Island. Unit 2. We have considered your request and, because of the potential importance of the rec->rds to the continuing technical review of the accident and to the litig~tion resulting from the accident, we believe that many of them need to bf'. retained. However. the Co~nission did issue the enclosed Order on August 6 1 1982 permitting the disposal, in accordance with applicable NRC directives and regulations, of catalogued physical samples taken after the . accident. where the radioactivity of the sample has been determined and the resulting data recorded.

This Order also authorizes me to permit subsequent destruction of other particular records or categories of records which we detennine no longer need I be retained. Should you desire additional future relief from the original Order, you may request such relief by specifically identifying to this Office such records, together with the bu~en and options for their retention.

Sincerely.

1. v#'~/~ ~.._

Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

CoTllllission Order of August 6, 1982 0

UNITED ST.I.TES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS: ._

Nunzio J. Palladino, Chainna~

Victor GiHnsky John f. Ahearne Thomas M. Roberts SERVED AUG n1932 James K. Asselstine In the Hatter of METROPOLITAN EDISON COMPANY Docket No *. 50-289 (Three Mile Island Nuclear U.~7Jo,:

Station, Unit No. l)* DOCKFr NUl'J3El *-~- -* -:::i !::> rl PROD. & UTIL PAC.,.-:,~~J:':::: ~

ORDER SERVED AUG 111982 In order to assure the effectiveness of investiga~ions 1nto v!rious **

aspects of th~ Three Mile Island Unit 2 acciden.t, the Coam1ssion

• on May 22, 1979, ordered the preservation of records relating to the accident

• The order required retention of all data, including documentary material and physical samples unless otherwise dtrected by*the Director of the Commission's Special Investigation. All per$ons ~JOssessing relevant sources of data were ordered

. to preserve such records intact.* See 44 Fed. Reg. 30788 (May 29, 1979).

On February 26, 1982, GPU Nuclear requested that the Conmission vacate the May 22, 1979 record retention order. GPU seeks to reestablish its normal course of business and retain business docuwents in accordance with existing regulat~ey retention criteria, rather than those imposed in the May.22.1979 order.

The Comnission has considered the GPU request and fi~ds that the retention of some records covered by th~ May 22, 1979 order is no longer

r ,..

necessary. Where the radioactivity of physical samples taken after the.

TMI-2 accident has been detennined and the resulting data recorded, there is no need to retain such samples. Accordingly. the Conrnission's Ma,y 22, 1979 order is vacated with respect to the retention of catalogued physical samples. They may be dispos~~ of in accor.dance with applicable NRC directives and regulations.

Records other than catalogued physica1 samples remain valuable to the continuing technical review of the TMI-2 accfden~. espedall1 in connection with the anticipated examination of the reactor core. In additio.n, these records may be important in th~ litigation resulting from the ac:cid*ant.

Records other than catalogued physical samples shall be retained as provided by the COD1Dission 1 s of the Office of Nuclear Reacto ulation finds that particular records or categories of records no longe n~ed be retained.Y *the Director is **

hereby designated the authority allow destruction of records covered by that order. Comnissioner Ahearne dissents from this order. His dissenting views are attached.

It 1~ so ORDEREo.Y

• 1 For the Coamission Ccamission Dated at Washington, D.C.

this 6 day of Augus~. 1982 JI This order does not affect the requirements for retention of .records contained in Appendix B of TMI-2 License No. (1PR-73 or imposed by the

• y Director's Order of February 11. 1980 (.45 Fe-.1. Reg. 11282, February 20, 1980). or the requirements of 10 CFR I so.n.: *

• Comnissioner Gilinsky was not present when this Order was affirmed. but had previously indica~ed his disapproval. 'Had Coamissioner Gilinsky been present he would have affirmed his prior vote

• 1 .

y ..

j DISSENTING VIEWS OF COMMISSIONER A.HEARNE I am not prepared to join the Commission's Order. Base~. on the information provided by the R~C at.a.ff, I was unable to identify even in general tez:ms (l) categories of recordi, the licensee believes must be retained under the Commission's order of May 22, 1979, (2) categories of records the licensee .

finds most burdensome,*and (3) categories of records the Department of Justice and others (such as DOE) are interested in retaining for some specified pur~se. If there a~e categories of material that GPU*believes 1t is .required to keep, that GPU finds burdensome to keep, and that NRC, t>OE &

DOJ cannot justify keeping, we should allow GPU to get rid of them. The NRC staff should have taken steps to identify such areas.

'