[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Notices]
[Pages 9870-9871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4268]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-029]


Yankee Atomic Electric Co.; Yankee Nuclear Power Station; Order 
Approving the Decommissioning Plan and Authorizing Decommissioning of 
Facility

I

    The Yankee Atomic Electric Company (YAEC, the licensee) is the 
holder of Facility Operating License No. DPR-3 issued by the U.S. 
Nuclear Regulatory Commission (NRC, the Commission) formerly the Atomic 
Energy Commission, pursuant to 10 CFR Part 50 on July 9, 1960. The 
license was amended on August 5, 1992, to remove the authority of the 
licensee to operate the Yankee Nuclear Power Station (YNPS, the plant). 
The facility is located on the licensee site in the Town of Rowe, 
Franklin County, Commonwealth of Massachusetts.

II

    On October 1, 1991, the plant was shut down for an evaluation of 
potential reactor vessel integrity problems. In February 1992, all fuel 
was removed from the reactor vessel to the Spent Fuel Pit. By letter 
dated February 27, 1992, YAEC informed the NRC that the plant was 
permanently shut down and that decommissioning would commence. This 
action initiated the two year clock in 10 CFR 50.82 that requires 
submittal of a decommissioning plant within that time interval. YAEC 
submitted the Decommissioning Plan (Plan) on [[Page 9871]] December 20, 
1993 which included an Environmental Report.
    On March 29, 1994, in accord with 10 CFR 50.82(e), a Notice of 
Receipt of Decommissioning Plan and Environmental Report and 
Opportunity for Public Comments was published in the Federal Register, 
(59 FR 14689). Due to public interest in the decommissioning process, 
the Federal Register Notice announced a local meeting to provide the 
public an opportunity to make comments on the Plan. The meeting, an 
informal public hearing, was held in August 1994 in Franklin County and 
was transcribed. The public comments have been addressed in Appendix A 
to the attached Safety Evaluation. In addition, the staff held a second 
meeting, the day after the meeting on the Plan, to give the public an 
opportunity to present concerns on issues outside the Plan. This 
follow-up meeting was also transcribed and the staff has provided 
separate written responses to all of these concerns by letters dated 
May 10 and September 23, 1994.
    The major concerns of the public are the perceived impacts of 
Yankee Rowe power generation and decommissioning on the Deerfield River 
Valley and a claim of denial of public participation in the 
decommissioning process. This latter concern is at issue in a case 
heard before the U.S. Court of Appeals for the First Circuit in Boston, 
Massachusetts on January 10, 1995. A decision will be rendered in the 
near future. In regard to the first concern, the plant has been 
required to comply with 10 CFR Part 20 throughout the 31 years of power 
operation and during the decommissioning process to date, and based on 
many NRC and Commonwealth of Massachusetts inspections, the staff 
concludes that there are no impacts resulting from Yankee Rowe that 
have diminished public health and safety in the Deerfield River Valley.

III

    The NRC has reviewed the YAEC Plan with respect to the provisions 
of the Commission rules and regulations and has found the 
decommissioning as stated in the YNPS Plan will be consistent with the 
regulations in 10 CFR Chapter I, and will not be inimical to the common 
defense and security or to the health and safety of the public.
    The staff concluded that this order should contain a condition that 
specifies the method by which the licensee may make changes to the 
Plan, the Final Safety Analysis Report, or the facility.

IV

    Accordingly, pursuant to Sections 103, 161b, 161i, and 161o, of the 
Atomic Energy Act of 1954 (as amended), 10 CFR 50.82, the YNPS 
Decommissioning Plan is approved and decommissioning of the plant is 
authorized subject to the following condition:

    With the respect to changes to the facility or procedures 
described in the updated FSAR or changes to the Decommissioning 
plan, and the conduct of tests and experiments not described in the 
FSAR, the provisions of 10 CFR 50.59 shall apply.

    Pursuant to 10 CFR 51.21, 51.30, and 51.35, the Commission has 
prepared an Environmental Assessment and Finding of No Significant 
Impact for the proposed action. Based on that assessment, the 
Commission has determined that the proposed action will not result in 
any significant environmental impact and that an environmental impact 
statement need not be prepared.

V

    For further details with respect to this action see: (1) The 
application for authorization of decommission the facility, of December 
20, 1993, as supplemented August 5, August 22, October 24 and October 
26, 1994. These documents are available for public inspection at the 
Commission Public Document Room, the Gelman Building, 2120 L Street 
NW., Washington, D.C. 20555, and at the Local Public Document Room 
located at the Greenfield Community College, 1 College Drive, 
Greenfield, Massachusetts 01301.

    Dated at Rockville, Maryland this 14th day of February 1995.

    For the Nuclear Regulatory Commission.
William T. Russell,
Director Office of Nuclear Reactor Regulation.
[FR Doc. 95-4268 Filed 2-21-95; 8:45 am]
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