ML20203D675

Responds to 980716 Ltr Requesting NRC Evaluate Two Issues Pertaining to Maintaining Isolation Zones & Vehicle Barrier Sys as Backfits Under 10CFR50.109

ML20203D675
Person / Time
Site:	Maine Yankee
Issue date:	02/03/1999
From:	Matthews D NRC (Affiliation Not Assigned)
To:	Meisner M Maine Yankee
References
NUDOCS 9902160302
Download: ML20203D675 (3)

Text

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' f i UNITED STATES *

.I NUCLEAR REGULATORY COMMISSION i WASHINGTON, D.c. 20886

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February 3, 1999 I 1

Michael J. Meisner, President

Maine Yankee Atomic Power Company 1 321 Ferry Road l Wiscasset, Maine 04578 i

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SUBJECT:

PERMANENTLY, SHUTDOWN REACTOR SECURITY Pl.AN j

Dear Mr. Meisner:

By letter dated July 16,1998, Maine Yankee Atomic Power Company (MYAPC) stated that the

{ NRC's June 29,1998, response to exemption requests included "several statements which ,

{ contain requirements beyond the scope of the current regulations.' The two issues in question j pertain to maintaining isolation zones and the vehicle barrier system (VBS) as currently required in 10 CFR 73.55. Accordingly, MYAPC requested that the NRC evaluate these above l determinatione as backfits under 10 CFR 50.109.  !

As stated in tne June 29,1998 letter, the NRC staff determined that the above-mentioned i' exemptions requested by MYAPC were unameptable because they failed to provide sufficient information to justify an exemption for a pe ianently shutdown reactor site even though the staff recognized a reduced risk at this type of facility. The NRC response provided an explanation for the denial of those two exemptions. That denial was to prevent the discontinuance of existing security requirements in 10 CFR 73.55 which continue to apply to licensees that have permanently shut down the reactor and still maintain a Part 50 license.

In response to your request, the NRC staff has reassessed whether the staffs denial of the Maine Yankee request for exerrptions from 10 CFR 73.55(c)(3) and (7) constitutes a backfit as I defined in the Backfit Rule,10 CFR 50.109. Upon reconsideration, the staff continues to believe that the denial of Maine Yankee's exemption request does not represent a backfit as defined in Section 50.109(a)(1). The rule in question,10 CFR 73.55, on its face applies to all

• licensees." The rule does not distinguish between those licensees currently holding an operating license with authorization to operate, and those licensees who have made the f certification under 10 CFR 50.82(a)(1) and therefore hold an operating license but do not possess authority to operate. Egg Section 50.82(a)(2). Thus, Maine Yankee is currently g

required to comply with the isolation zone and vehicle control requirements in either: (i) the security plan provisions approved pursuant to Section 73.55(a), or (ii) Sections 73.55(c)(3) and (7). The staff does not believe that a claim of backfit is properly raised in the context of a ,

licensee's request for an exemption from an otherwise-applicable NRC rule'. As the staff has indicated to you in an April 21,1998 letter on a separate backfitting claim associated with an

'The exception to this principle would be where the staffs denial of the exemption request was on a basis unrelated to the subject matter of the rule for which an exemption is sought. This was not the case here, inasmuch as the staffs denial was focused on the effects on secunty which would occur if isolation zones and vehicular buriers were no longer provided at Maine Yankee.

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l emergency preparedness requirements in 10 CFR 50.54(q), the Backfit Rule was intended to assure that once the NRC issues a license, the terms and conditions for operating under the license and regulations at the time of initiallicensing are not arbitrarily changed after the fact by the Commission. When a licensee seeks an exemption from a Commission requirement, the licensee is requesting authority to do what it is not currently permitted under its license and l applicable regulations. The NRC's determination to grant an exemption is discretionary.

Accordingly, a licensee seeking an exemption has no valid expectations protected by the Backfit Rule regarding the terms and conditions for obtaining new authority to be permitted by the exemption which is not permitted under the current regulations. Since Maine Yankee is seeking an exemption from compliance with Section 73.55, the staff does not believe that a valid backfit claim has been r,aised by Maine Yankee.

l Maine Yankee initiated the exemption request pursuant to 10 CFR 73.5 to seek relief from l applicable Section 73.55 requirements on security. Subsequently, by letter dated July 1,1998, MYAPC submitted a revision to the Maine Yankee Atomic Power Station Security Plan. This revision eliminated the isolation zones and VBS pursuant to 10 CFR 50.54(p) which were the i subject of the request for exemption from Section 73.55(c)(3) and (7). MYAPC indicated that these changes "do not decrease the effectiveness of the plan." in the near future, the NRC Staff will be ccnducting a review of the bases for MYAPC's determination that the changes to the security plan do not " reduce the effectiveness" of the plan to determine whether further action would be appropriate.

Sincerely, 1

Original signed byS. Newberry I

hr David B. Matthews, Director l Division of Reactor Program Management l Office of Nuclear Reactor Regulation

, Docket No. 50-309 t

cc: See next page Distribution: .

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Maine Yankee Atomic Power Station Docket No. 50 309 cc:

Mr. Charles B. Brinkman Friends of the Coast Manager - Washington Nuclear P.O. Box 98 Operations Edgecomb, ME 04556 ABB Combustion Engineering 12300 Twinbrook Parkway, Suite 330 Mr. William O' Dell Rockville, MD 20852 Operations Director Maine Yankee Atomic Power Company Thomas G. Dignan, Jr., Esquire 321 Ferry Road Repes & Gray Wiscasset, ME 04578 One international Place Boston, MA 02110-2624 ' Mr. George Zinke, Director Nuclear Safety and Regulatory Affairs Mr. Uldis Vanags Maine Yankee Atomic Power Company State Nuclear Safety Advisor 321 Ferry Road State Planning Office Wiscasset, ME 04578 State House Station #38 Augusta, ME 04333 Mr. Jonathan M. Block Attorney at Law Mr. P. L. Anderson, Project Manager P.O. Box 566 Yankee Atomic Electric Company Putney, VT 05346-0566 580 Main Street Bolton, MA 01740 1398 Mr. Michael J. Meisner, President Main Yankee Atomic Power Company Regional Administrator, Region i 321 Ferry Road U.S. Nuclear Regulatory Commission Wiscasset, ME 04578 475 Allendale Road King of Prussia, PA 19406 Mr. Robert Fraser, Director Engineering First Selectman of Wiscasset Maine Yankee Atomic Power Company Municipal Building 321 Ferry Road U.S. Route 1 Wiscasset, ME 04578 Wiscasset, ME 04578 Mr. Patrick J. Dostie Mr. Mark Roberts State of Maine Nuclear Safety U.S. Nuclear Regulatory Commission inspector 475 Allendale Road Maine Yankee Atomic Power Company King of Prussia, PA 19406 321 Ferry Road Wiscasset, ME 04578 Mary Ann Lynch, Esquire Maine Yankee Atomic Power Company Mr. Mark Ferri, Vice President 321 Ferry Road .

Decommissioning Director Wiscosset, ME 04578 Maine Yankee Atomic Power Company 321 Ferry Road Mr. Neil Sheehan Wiscosset, ME 04578 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406

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