ML12219A128

J. Connell Letter Response to Request for Exemption from Specific Requirements of 10 CFR Part 73 (TAC L24499)

ML12219A128
Person / Time
Site:	Maine Yankee
Issue date:	08/06/2012
From:	Weaver D W NRC/NMSS/SFST
To:	Connell J Maine Yankee Atomic Power Co
Allen W C
Shared Package
ML12219A127	List: ML12219A128
References
TAC L24499
Download: ML12219A128 (4)

Text

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION NOTICEUpon removal of the enclosure from this letter, this document is DECONTROLLED.

August 6, 2012

Mr. James Connell ISFSI Manager Maine Yankee Atomic Electric Company 321 Old Ferry Road Wiscasset, ME 04578-4922

SUBJECT:

RESPONSE TO REQUEST FOR EXEMPTION FROM SPECIFIC REQUIREMENTS OF 10 CFR PART 73 (TAC NO. L24499)

Dear Mr. Connell:

This is in response to your letter dated November 29, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103410468), requesting an exemption from specific requirements of 10 CFR 73.55 and 10 CFR 73.57 for the Maine Yankee Independent Spent Fuel Storage Installation (ISFSI), pursuant to 10 CFR 73.5. Section 73.55 of 10 CFR Part 73 identifies the physical protection requirements to prevent radiological sabotage at nuclear power plants. Section 73.57 of 10 CFR Part 73 identifies the requirements for criminal history checks associated with unescorted access at nuclear facilities.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the exemption requests for the Maine Yankee ISFSI. Based upon their review, NRC staff determined that one exemption you requested can be granted. The remaining requirements from which you requested exemptions were determined either not to be applicable to your facility or are being met by your current program; therefore, these exemptions were denied. The enclosed NRC staff Safety Evaluation Report articulates the basis for granting or denying your specific exemption requests.

The NRC has determined that this action meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25)(vi)(F). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with this action. The exemptions are effective upon issuance. The enclosed Exemption, Staff Evaluation, attached as a courtesy, is being forwarded to the Office of the Federal Register for publication.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the publicly available records component of the NRC's document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.

Official Use Only

- Security-Related Information OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION If you have any questions, please contact me at (301) 492-3305, or William Allen of my staff, at (301) 492-3148.

Sincerely, /RA/ Douglas W. Weaver, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 TAC No.: L24499

Enclosures:

1. Safety Evaluation Report

2. Federal Register Notice cc w/o

Enclosure:

Maine Yankee Atomic Power Station Service List Marc Nichol, Nuclear Energy Institute OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION If you have any questions, please contact me at (301) 492-3305, or William Allen of my staff, at (301) 492-3148.

Sincerely, /RA/ Douglas W. Weaver, Deputy Director Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos.: 50-309, 72-30 TAC No.: L24499

Enclosures:

1. Safety Evaluation Report

2. Federal Register Notice cc w/o

Enclosure:

Maine Yankee Atomic Power Station Service List Marc Nichol, Nuclear Energy Institute DISTRIBUTION:

Close out TAC# L24499 SFST R/F BBenny JGoshen MFerdas/RI ABurritt/RI MYoung/OGC DWeaver SWastler MLombard G:\SFST\Allen\Part 72\Maine Yankee\73.55 Exemption\Letter.docx, \SER (ML11234A235).docx ML11234A235 ADAMS Package No. ML12219A127 ADAMS Memo No.: ML12219A128 OFC: SFST E SFST OGC SFST NSIR NAME: WAllen WWheatley EBowdenBerry via e-mail MWaters SWastler DATE: 5/21/12 5/23/12 7/5/12 7/13/12 8/3/12 OFC: SFST NAME: DWeaver DATE: 8/6/12 OFFICIAL RECORD COPY

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION Maine Yankee Atomic Power Station Service List cc:

Mr. Wayne Norton Chief Nuclear Officer Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922

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. Gerald Poulin Chairman and President Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922 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 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 2100 Renaissance Boulevard Renaissance Park King of Prussia, PA 19406 Decommissioning Branch Chief, Region I U.S. Nuclear Regulatory Commission 2100 Renaissance Boulevard Renaissance Park King of Prussia, PA 19406

David Lewis, Esquire Shaw Pittman 2300 North Street, NW Washington, DC 20037

Mr. James Connell ISFSI Manager Maine Yankee Atomic Power Company 321 Old Ferry Road Wiscasset, ME 04578-4922