ML061710435
| ML061710435 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 07/24/2006 |
| From: | Mcconnell K NRC/NMSS/DWMEP |
| To: | Jeffery Lynch Yankee Atomic Electric Co |
| Hickman J, NMSS/DWMEP (301)415-3017 | |
| Shared Package | |
| ML061710510 | List: |
| References | |
| TAC L52674 | |
| Download: ML061710435 (12) | |
Text
July 24, 2006Mr. Joe Lynch, Regulatory Affairs ManagerYankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367
SUBJECT:
YANKEE NUCLEAR POWER STATION - REQUEST FOR PARTIAL EXEMPTIONFROM RECORD KEEPING REQUIREMENTS (TAC NO. L52674)
Dear Mr. Lynch:
The United States Nuclear Regulatory Commission has granted the enclosed partial exemptionfrom the record keeping Requirements of Title 10 of the Code of Federal Regulations (10 CFR)
Part 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), as requested in your letter dated February 15, 2006, as supplemented on March23, 2006. The requested exemption and application of the exemption will eliminate therequirement to maintain records that are no longer necessary due to the permanently shutdown status of the facility.A copy of this exemption is enclosed and has been forwarded to the Office of the FederalRegister for publication. If you have any questions concerning this evaluation, please contactJohn Hickman at (301) 415-3017.Sincerely, /RA/Keith I. McConnell, Deputy DirectorDecommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and SafeguardsDocket No.50-029
Enclosure:
Exemption cc w/encl: See next page July 24, 2006Mr. Joe Lynch, Regulatory Affairs ManagerYankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367
SUBJECT:
YANKEE NUCLEAR POWER STATION - REQUEST FOR PARTIAL EXEMPTIONFROM RECORD KEEPING REQUIREMENTS (TAC NO. L52674)
Dear Mr. Lynch:
The Commission has granted the enclosed partial exemption from the record keepingRequirements of Title 10 of the Code of Federal Regulations (10 CFR) Part 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), as requested inyour letter dated February 15, 2006, as supplemented on March 23, 2006. The requested exemption and application of the exemption will eliminate the requirement to maintain recordsthat are no longer necessary due to the permanently shutdown status of the facility.A copy of this exemption is enclosed and has been forwarded to the Office of the FederalRegister for publication. If you have any questions concerning this evaluation, please contactJohn Hickman at (301) 415-3017.Sincerely, /RA/Keith I. McConnell, Deputy DirectorDecommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and SafeguardsDocket No.50-029
Enclosure:
Exemption cc w/encl.: See next page DISTRIBUTION
- PUBLICCentral FileDCB r/fACRS/ACNW LCamperKMcConnell OGC (JHull)MMiller, RIML061710435OFFICEDWMEP:PMDMEP:LA(A)DWMEP:SCOGCDWMEP:DDNAMEJHickmanTMixon CCraig STrebyKMcConnell DATE6/27/066/26/066/27/067/11/0607/20/2006OFFICIAL RECORD COPY Yankee (Rowe) Nuclear Power Station Service List cc:Mr. Wayne A. Norton, PresidentYankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367Mr. Rocky Benner, Director of Decommissioning Yankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367Mr. James ConnellISFSI Program Manager 49 Yankee Road Rowe, MA 01367Mr. Joe Bourassa, Director of Site Closure and Project Support 49 Yankee Road Rowe, MA 01367Mr. Joe Lynch, Regulatory Affairs ManagerYankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367Mr. Greg Babineau, Technical Support and Radiation Protection Manager Yankee Atomic Electric Company 49 Yankee Rd.
Rowe, MA 01367Mr. Frederick Williams, ISFSI Operations Manager Yankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367Mr. Robert Capstick, Director of Government Affairs Yankee Atomic Energy Company 49 Yankee Road Rowe, MA 01367Ms. Alice Carson, Licensing EngineerYankee Atomic Electric Company 49 Yankee Road Rowe, MA 01367Kelley SmithCommunication Manager/Yankee Rowe Community Advisory Board 49 Yankee Road Rowe, MA 01367Alice Carson, RSCS, Inc.12312 Milestone Manor Lane Germantown, MD 20876Gerald Garfield, EsquireDay, Berry & Howard 185 Asylum Street City Place 1 Hartford, CT 06103-3499Ms. Leslie GreerAssistant Attorney General Commonwealth of Massachusetts 200 Portland Street Boston, MA 02114Robert Walker, DirectorRadiation Control Program Massachusetts Department of Public Health 305 South Street Boston, MA 02130Mr. Michael WhalenMassachusetts Radiation Control Program 90 Washington Street Dorchester, MA 02121Mr. Dave HowlandMassachusetts Department of Environmental Protection Western Regional Office
436 Dwight StreetSpringfield, MA 01103 Mr. James B. MuckerheideMassachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399Edward Flynn, SecretaryMassachusetts Executive Office of Public Safety One Ashburton Place Room 2133 Boston, MA 02108Peggy Sloan, AICPFranklin Regional Council of Governments 425 Main Street, Suite 20 Greenfield, MA 01301-3313David O'Brien, CommissionerVermont Department of Public Service 120 State Street, Drawer 20 Montpelier, VT 05602Diane Screnci, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406Mr. Marv Rosenstein, ChiefChemicals Management Branch Office of Ecosystem Protection U.S. Environmental Protection Agency One Congress Street, Suite 1100 Mail Code CPT Boston, MA 02114Mr. Anthony Honne llioU.S. Environmental Protection Agency Region 1 One Congress Street, Suite 1100, Boston, MA 02114-2023Mr. Jeff FowleyOffice of Regional Counsel U.S. Environmental Protection Agency One Congress Street, Suite 1100 Mail Code RAA Boston, MA 02114Ms. Bonnie GitlinRadiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Building Mail Code 66081 1200 Pennsylvania Ave, NW Washington, DC 20460Mr. Phillip NewkirkRadiation Protection Division Office of Radiation and Indoor Air Office of Air and Radiation U.S. Environmental Protection Agency Ariel Rios Office Building Mail Code 66081 1200 Pennsylvania Ave, NW Washington, DC 20460 Citizens Awareness Network P.O. Box 83 Shelborne Falls, MA 01370Jonathan M. BlockAttorney at Law Main Street
P.O. Box 566 Putney, VT 05346-0566
[7590-01-P]UNITED STATES NUCLEAR REGULATORY COMMISSIONYANKEE ATOMIC ELECTRIC COMPANYDOCKET NO. 50-029YANKEE NUCLEAR POWER STATIONPARTIAL EXEMPTION FROM REQUIREMENTS OF 10 CFR 50.71(c); 10 CFR PART 50, APPENDIX A; 10 CFR PART 50, APPENDIX B AND 10 CFR 50.59(d)(3)
1.0BACKGROUND
Yankee Atomic Electric Company (YAEC, the licensee) is the licensee and holder ofFacility Operating License No. DPR-3 for the Yankee Nuclear Power Station (YNPS), a permanently shutdown decommissioning nuclear plant. Although permanently shutdown, this facility is still subject to all rules, regulations, and orders of the U.S. Nuclear RegulatoryCommission (NRC). YNPS is a deactivated pressurized-water nuclear reactor located in northwesternMassachusetts in Franklin County, near the southern Vermont border. The YNPS plant was constructed between 1958 and 1960 and operated commercially at 185 megawatts electric (after a 1963 upgrade) until 1992. In 1992, YAEC determined that closing of the plant would bein the best economic interest of its customers. In December 1993, NRC amended the YNPSoperating license to retain a "possession-only" status. YAEC began dismantling and decommissioning activities at that time. Transfer of the spent fuel from the Spent Fuel Pit (SFP) to the Independent Spent Fuel Storage Installation (ISFSI) was completed in June 2003.
With the exception of the greater than class C waste stored at the ISFSI, the reactor and allassociated systems and components, including those associated with storage of spent fuel inthe SFP, have been removed from the facility and disposed of offsite. In addition, the structures housing these systems and components have been demolished. Physical workassociated with the decommissioning of YNPS is scheduled to be completed in 2006.By letter dated February 15, 2006, as supplemented on March 23, 2006, YAEC filed arequest for NRC approval of a partial exemption from the record keeping requirements of10 CFR 50.71(c); 10 CFR 50, Appendix A; 10 CFR 50, Appendix B; and 10 CFR 50.59(d)(3).2.0REQUEST/ACTIONYAEC is requesting the following exemption, for records pertaining to systems,structures, or components (SSCs) and/or activities associated with the nuclear power generating unit, Spent Fuel Pit, and associated support systems, from the retentionrequirements of: (1) 10 CFR 50 Appendix A Criterion 1 which requires certain records be retained "throughout the life of the unit"; (2) 10 CFR 50 Appendix B Criterion XVII which requires certain records be retained consistent with regulatory requirements for a duration established by the licensee; (3) 10 CFR 50.59(d)(3) which requires certain records be maintained until "termination of a license issued pursuant to" Part 50; and (4) 10 CFR 50.71(c) which requires records retention for the period specified in the regulations or until licensetermination.
3.0DISCUSSIONMost of these records are for SSCs that have been removed from Yankee and disposedof off-site. Disposal of these records will not adversely impact the ability to meet other NRC regulatory requirements for the retention of records [e.g., 10 CFR 50.54(a), (p), (q), and (bb);
10 CFR 50.59(d); 10 CFR 50.75(g); etc.]. These regulatory requirements ensure that recordsfrom operation and decommissioning activities are maintained for safe decommissioning, spent nuclear fuel storage, completion and verification of final site survey, and license termination.Specific Exemption is Authorized by Law 10 CFR 50.71(d)(2) allows for the granting of specific exemptions to the record retentionrequirements specified in the regulations.
NRC regulation 10 CFR 50.71(d)(2)states, in part: -the retention period specified in the regulations in this part for such records shall applyunless the Commission, pursuant to §50.12 of this part, has granted a specific exemption from the record retention requirements specified in the regulations in this part.Based on 10 CFR 50.71(d)(2), if the specific exemption requirements of 10 CFR 50.12are satisfied, the exemption from the record keeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B, and 10 CFR 50.59(d)(3) is authorized bylaw.Specific Exemption Will Not Present an Undue Risk to the Public Health and SafetyWith all the spent nuclear fuel transferred to the Yankee ISFSI, there is insufficientradioactive material remaining on the Yankee10 CFR Part 50 licensed site to pose any significant potential risk to the public health and safety under any credible event scenario. This provides additional assurance that the partial exemption for the specified hard copy records willnot present any reasonable possibility of undue risk to the public health and safety. The partial exemption from the record keeping requirements of 10 CFR 50.71(c);10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), for the hard copy records described above is administrative in nature and will have no impact on anyremaining decommissioning activities or on radiological effluents. The exemption will merelyadvance the schedule for destruction of the specified hard copy records. Considering the content of these records, the elimination of these records on an advanced timetable will have no reasonable possibility of presenting any undue risk to the public health and safety. Specific Exemption Consistent With the Common Defense and SecurityThe partial exemption from the record keeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), for thetypes of hard copy records described above is consistent with the common defense and security as defined in the Atomic Energy Act (42 USC 2014, Definitions) and in 10 CFR 50.2 "Definitions." The partial exemption requested does not impact remaining decommissioning activitiesand does not involve information or activities that could potentially impact the common defense and security of the United States. Rather, the exemption requested is administrative in nature and would merely advancethe current schedule for destruction of the specified hard copy records. Considering the content of these records, the elimination of these records on an advanced timetable has no reasonable possibility of having any impact on national defense or security. Therefore, the partialexemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), for the types of hard copy records described above is consistent with the common defense and security.Special Circumstances NRC regulation 10 CFR 50.12(a)(2) states, in part:(2) The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever - -
(ii) Application of the regulation in the particular circumstances would not serve theunderlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule.Given the status of Yankee decommissioning, special circumstances exist which willallow the NRC to consider granting the partial exemption requested. Consistent with 10 CFR50.12(a)(2)(ii), applying the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3) to the continued storage ofthe hard copy records described previously is not necessary to achieve the underlying purpose of the rules. The NRC's Statements of Consideration for final rulemaking, effective July 26, 1988(53 FR 19240 dated May 27, 1988) "Retention Periods for Records," provides the underlying purpose of the regulatory record keeping requirements. In response to several public comments leading up to this final rulemaking, the NRC supported the need for record retentionrequirements by stating that records:... must be retained ... so that they will be available for examination by the Commissionin any analysis following an accident, incident, or other problem involving public health and safety ... [and] ... for NRC to ensure compliance with the safety and health aspects of thenuclear environment and for the NRC to accomplish its mission to protect the public health and safety.The underlying purpose of the subject record keeping regulations is to ensure that theNRC staff has access to information that, in the event of an accident, incident, or condition thatcould impact public health and safety, would assist in the recovery from such an event and could also help prevent future events or conditions that could adversely impact public health and safety. Given the current status of Yankee decommissioning, the records that would be subject to earlydestruction would not provide the NRC with information that would be pertinent or useful. Thetypes of records that would fall under the exemption would include hard copy radiographs, vendor equipment technical manuals, and recorder charts associated with operating nuclear power plant SSCs that had been classified as important to safety during power operations, butthat are no longer classified as important to safety, are no longer operational, or have been removed from the Yankee site for disposal. As indicated in the excerpts cited above under the heading " NRC Regulatory recordkeeping Requirements to be Exempted," the regulations include wording that states thatrecords of activities involving the operation, design, fabrication, erection, and testing of SSCsthat are classified as quality-related and/or important to safety should be retained "until theCommission terminates the facility license" or "throughout the life of the unit." As stated in10 CFR Part 50, Appendix A:A nuclear power unit means a nuclear power reactor and associated equipmentnecessary for electric power generation and includes those structures, systems, andcomponents required to provide reasonable assurance the facility can be operated withoutundue risk to the health and safety of the public.With the majority of the primary and secondary systems removed for disposal, theYankee site no longer houses "a nuclear power reactor and associated equipment necessary for electric power generation." Thus, with respect to the underlying intent of the record keeping rules cited above, Yankee is not able to generate electricity and is no longer a nuclear power unit as defined in 10 CFR Part 50, Appendix A.In addition, with all the spent nuclear fuel having been transferred to the ISFSI, there is notsufficient radioactive material inventory remaining on the 10 CFR Part 50 licensed site to pose any significant potential risk to the public health and safety. Thus, there are no longer any "structures, systems, and components required to provide reasonable assurance the facility canbe operated without undue risk to the health and safety of the public." This provides additional assurance that, with respect to the underlying intent of the record keeping rules cited above,Yankee is no longer a nuclear power unit as defined in 10 CFR Part 50, Appendix A.Based on the above, it is clear that application of the subject record keepingrequirements to the Yankee hard copy records specified above is not required to achieve the underlying purpose of the rule. Thus, special circumstances are present which the NRC mayconsider, pursuant to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption.
4.0CONCLUSION
The staff has determined that 10 CFR 50.71(d)(2) allows the Commission to grantspecific exemptions to the record retention requirements specified in regulations provided the requirements of 10 CFR 50.12 are satisfied.The staff has determined that the requested partial exemption from the record keepingrequirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), will not present an undue risk to the public health and safety. Thedestruction of the identified hard copy records will not impact remaining decommissioningactivities; plant operations, configuration, and/or radiological effluents; operational and/orinstalled SSCs that are quality-related or important to safety; or nuclear security.The staff has determined that the destruction of the identified hard copy records isadministrative in nature and does not involve information or activities that could potentiallyimpact the common defense and security of the United States.The staff has determined that the purpose for the record keeping regulations is toensure that the NRC Staff has access to information that, in the event of any accident, incident,or condition that could impact public health and safety, would assist in the protection of public health and safety during recovery from the given accident, incident, or condition, and also could help prevent future events or conditions adversely impacting public health and safety.
Further, since most of the Yankee SSCs that were safety-related or important-to-safety have been removed from the plant and shipped for disposal, the staff agrees that the recordsidentified in the partial exemption would not provide the NRC with useful information during aninvestigation of an accident or incident.Therefore, the Commission grants YAEC the requested partial exemption to the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR Part 50, Appendix A; 10 CFR Part 50, Appendix B; and 10 CFR 50.59(d)(3), as described in the February 15, 2006, letter as supplemented on March 23, 2006.Pursuant to 10 CFR Part 51.31, the Commission has determined that the granting ofthis exemption will not have a significant effect on the quality of the human environment asdocumented in Federal Register notice Vol. 71, No. 127, dated July 3, 2006.This exemption is effective upon issuance.Dated at Rockville, Maryland this 20th day of July, 2006.FOR THE NUCLEAR REGULATORY COMMISSION/RA/Keith I. McConnell, Deputy DirectorDecommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards