ML102520105

Letter Maine Yankee Independent Spent Fuel Storage Installation Exemption from 10 CFR 73.55(i)(4)(ii)(A) (TAC No. 24402)

ML102520105
Person / Time
Site:	Maine Yankee
Issue date:	09/09/2010
From:	Goshen J M NRC/NMSS/SFST/LID/LB
To:	Connell J Maine Yankee Atomic Power Co
Goshen, JM, NNSS/SFST, 492-3325
References
TAC 24402
Download: ML102520105 (5)

Text

September 9, 2010 Mr. James Connell ISFSI Manager Maine Yankee 321 Old Ferry Road Wiscasset, ME 04578-4922

SUBJECT:

MAINE YANKEE INDEPENDENT SPENT FUEL STORAGE INSTALLATION EXEMPTION FROM 10 CFR 73.55(i)(4)(ii)(A) (TAC NO. 24402)

Dear Mr. Connell:

This is in response to your letter dated December 22, 2009, supplemented March 25, 2010 and July 28, 2010, requesting an exemption from 10 CFR 73.55(i)(4)(ii)(A), pursuant to 10 CFR 50.90. In your letter you stated that Maine Yankee Atomic Power Company (MY) desired to make a specific change to the Physical Security Plan. This change would require that MY be exempted from the provision which states that the central alarm station must be located within the protected area.

The NRC staff evaluated the public health and safety and environmental impacts of the proposed exemption and determined that granting the exemption would not result in any significant impacts. For this action, the NRC applied categorical exclusion 10 CFR 51.22(c)(25)(vi)(F), and therefore no Environmental Assessment is required.

Based on the foregoing considerations, the staff has determined that granting the proposed exemption from the specific provision of 10 CFR 73.55(i)(4)(ii)(A) is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC staff has concluded that the proposed changes will not pose an increased risk to public health and safety. Accordingly, the exemption will be effective immediately.

If you have any questions, please contact me at (301) 492-3325.

/RA/ John Goshen, P. E., Project Manager Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards

Docket Nos.: 50-309, 72-30

Enclosure:

Staff Evaluation cc: Service List

ML102520105 OFC SFST SFST SFST NAME SRich for JGoshen WWheatley EBenner DATE 09/08/2010 09/08/2010 09/09/2010

cc: Maine Yankee Atomic Power Plant Service List 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

1. 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

ENCLOSURE

STAFF EVALUATION Docket Nos. 50-309, 72-30 Maine Yankee Atomic Power Station Independent Spent Fuel Storage Installation

1.0 Summary

By letter dated December 22, 2009, as supplemented March 25, 2010, and July 28, 2010, Maine Yankee Atomic Power Company (MY) requested an exemption from 10 CFR 73.55(i)(4)(ii)(A), pursuant to 10 CFR 50.90. In that letter MY stated its desire to make a specific change to the Physical Security Plan. This change to the Physical Security Plan would also necessitate an exemption from the requirement which states that the central alarm station must be located within the protected area.

2.0 Discussion

The Nuclear Regulatory Commission (NRC) staff from the Office of Nuclear Security and Incident Response (NSIR) and the Office of Nuclear Material Safety and Safeguards (NMSS) conducted a review of MY's request to amend the language in its physical security plan and the request for exemption. To aid in this decision and review, a site visit was conducted on April 6, 2010. In considering MY's request for exemption, the staff considered the proposed changes, the intent of the applicable regulations, and the overall impact to MY's security program. The comprehensive NSIR staff evaluation can be found under ADAMS accession number ML102280362. In that evaluation NSIR staff considered the current regulatory basis of the MY Independent Spent Fuel Storage Installation (ISFSI) Security Plan, along with the technical and regulatory issues related to the specific exemption request. NSIR staff determined that the proposed change provides reasonable assurance that the requirements for the physical security of the ISFSI will be met because the central alarm station building would retain several of the characteristics of a protected area boundary. NSIR staff also determined that granting this exemption request would not impact MY's ability to meet the requirements of 10 CFR 73.55(i)(4)(i), which states that the alarm stations must be designed and equipped to ensure that a single act cannot disable both alarm stations.

NRC staff also reviewed the request to determine if there would be an impact to the environment. The NRC staff determined that there is no significant hazards consideration, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite, there is no significant increase in individual or cumulative public or occupational radiation exposure, there is no significant construction impact, and there is no significant increase in the potential for or consequences from radiological accidents. Because this is a request for an exemption from requirements that involve safeguards plans, categorical exclusion 10 CFR 51.22(c)(25)(vi)(F) applies to this exemption request.

3.0 Conclusion

The NRC has evaluated the impact to public safety that would result from granting the proposed action. The approval of the proposed action would not increase the probability or consequences of accidents, no changes would be made to the types of effluents released offsite, and there would be no increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. Additionally the proposed action would not involve any construction or other ground disturbing activities, would not change the footprint of the existing ISFSI, and would have no other significant non-radiological impacts. In this regard, and as the ISFSI is located on previously disturbed land, it is extremely unlikely that approval of the proposed action would create any significant impact on the aquatic or terrestrial habitat in the vicinity of the plant, or to threatened, endangered, or protected species under the Endangered Species Act, or to essential fish habitat covered by the Magnuson-Stevens Act. Similarly, approval of the proposed action is not the type of activity that has the potential to cause effects on historic or cultural properties, assuming such properties are present at the site of the MY ISFSI. On this basis, the staff concludes that the proposed exemption does not pose an increased risk to public health and safety.