ML023230402
| ML023230402 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/19/2002 |
| From: | Pulsifer R NRC/NRR/DLPM/LPD1 |
| To: | NRC/NRR/DLPM/LPD1 |
| Pulsifer R M, NRR/DLPM/LP1-2, 415-3016 | |
| References | |
| 2.206 | |
| Download: ML023230402 (18) | |
Text
November 19, 2002 MEMORANDUM TO:
File FROM:
Robert M. Pulsifer, Project Manager, Section 2
/RA/
Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation
SUBJECT:
VERMONT YANKEE 2.206 PETITION FROM MR. RAYMOND SHADIS Attached is the transcript of a conference call held on Tuesday, October 29, 2002, regarding a Vermont Yankee Nuclear Power Station 2.206 petition dated October 15, 2002, submitted by Mr. Raymond Shadis on behalf of the New England Coalition on Nuclear Pollution.
Docket No. 50-271
Attachment:
As stated cc w/encls: See next page
Vermont Yankee Nuclear Power Station cc:
Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. David R. Lewis Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, DC 20037-1128 Ms. Christine S. Salembier, Commissioner Vermont Department of Public Service 112 State Street Montpelier, VT 05620-2601 Mr. Michael H. Dworkin, Chairman Public Service Board State of Vermont 112 State Street Montpelier, VT 05620-2701 Chairman, Board of Selectmen Town of Vernon P.O. Box 116 Vernon, VT 05354-0116 Mr. Michael Hamer Operating Experience Coordinator Entergy Nuclear Vermont Yankee, LLC P.O. Box 250 Governor Hunt Road Vernon, VT 05354 G. Dana Bisbee, Esq.
Deputy Attorney General 33 Capitol Street Concord, NH 03301-6937 Chief, Safety Unit Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Ms. Deborah B. Katz Box 83 Shelburne Falls, MA 01370 Mr. Raymond N. McCandless Vermont Department of Health Division of Occupational and Radiological Health 108 Cherry Street Burlington, VT 05402 Mr. Gautam Sen Manager, Licensing Entergy Nuclear Vermont Yankee, LLC P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Resident Inspector Vermont Yankee Nuclear Power Station U. S. Nuclear Regulatory Commission P.O. Box 176 Vernon, VT 05354 Director, Massachusetts Emergency Management Agency ATTN: James Muckerheide 400 Worcester Rd.
Framingham, MA 01702-5399 Jonathan M. Block, Esq.
Main Street P. O. Box 566 Putney, VT 05346-0566 Mr. Michael R. Kansler Sr. Vice President and Chief Operating Officer Entergy Nuclear Operations, Inc.
Mail Stop 12A 440 Hamilton Ave.
White Plains, NY 10601 Mr. John J. Kelly Director, Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601
Mr. Jay K. Thayer Site Vice President - Vermont Yankee P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Raymond Shadis P.O. Box 76 Edgecomb, Maine 04556 Mr. David A. Lochbaum Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006
November 19, 2002 MEMORANDUM TO:
File FROM:
Robert M. Pulsifer, Project Manager, Section 2
/RA/
Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation
SUBJECT:
VERMONT YANKEE 2.206 PETITION FROM MR. RAYMOND SHADIS Attached is the transcript of a conference call held on Tuesday, October 29, 2002, regarding a Vermont Yankee Nuclear Power Station 2.206 petition dated October 15, 2002, submitted by Mr. Raymond Shadis on behalf of the New England Coalition on Nuclear Pollution.
Docket No. 50-271
Attachment:
As stated cc w/encls: See next page DISTRIBUTION:
PUBLIC PDI-2 R/F SRichards(e-mail SAR)
JAndersen RPulsifer MOBrien OGC CAnderson, RI ADAMS Accession Number: ML023230402 OFFICE PDI-2/PM PDI-2/LA PDI-2/SC NAME RPulsifer LCox for MOBrien JAndersen DATE 11/13/02 11/13/02 11/13/02 OFFICIAL RECORD COPY
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
2.206 Petition on Vermont Yankee Nuclear Power Station Docket Number:
50-271 Location:
Telephone Conference Date:
Tuesday, October 29, 2002 Work Order No.:
NRC-633 Pages 1-13 Attachment
NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION 2
+ + + + +
3 CONFERENCE CALL ON THE 2.206 PETITION ON VERMONT 4
YANKEE NUCLEAR POWER STATION 5
OFFICE OF NUCLEAR REACTOR REGULATION 6
DIVISION OF LICENSING AND PROJECT MANAGEMENT 7
(NRR/DLPM) 8
+ + + + +
9 TUESDAY 10 OCTOBER 29, 2002 11
+ + + + +
12 TELEPHONE CONFERENCE CALL 13
+ + + + +
14 The Conference Call on the 2.206 Petition convened, 15 Robert Pulsifer, Petition Manager, presiding.
16 17 PRESENT:
18 ROBERT PULSIFER NRR/DLPM/PD1 19 HERBERT BERKOW NRR/DLPM/PD-2 20 DONNA SKAY NRR/DLPM/PD-I 21 STU RICHARDS NRR/DLPM/PD-I 22 JIM ANDERSEN NRR/DLPM/PD-I 23 CLIFF ANDERSON RGN-I/DPR/PB5 24 PRESENT (CONT.)
25
2 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 FRANK ARNER Region I 1
DAVID PELTON Residents Office 2
BOB WANCZYK Vermont Yankee 3
MIKE BALDUZZI Vermont Yankee 4
KEVIN BRONSON Vermont Yankee 5
RAY SHADIS NECNP 6
DAVID LOCHBAUM UCS 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 P-R-O-C-E-E-D-I-N-G-S 25
3 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 (time not provided) 1 MR. PULSIFER: Okay. Lets get started.
2 This is Bob Pulsifer. Im the Project Manager for 3
Vermont Yankee, acting as the Petition Manager for this petition.
4 What Id like to do is to go around the table here, and 5
then go into the various groups to find out who is on the line.
6 MR. BERKOW: Herb Berkow, NRR.
7 MS. SKAY: Donna Skay, NRR, 2.206 coordinator.
8 MR. RICHARDS: Stu Richards, NRR Projects.
9 MR. ANDERSEN: Jim Andersen, NRR Projects.
10 MR. PULSIFER: Region I?
11 MR. ANDERSON: Cliff Anderson, Projects, and Frank 12 Arner, Projects.
13 MR. PULSIFER: Residents Office?
14 MR. PELTON: Yes. David Pelton, Senior Resident 15 Inspector.
16 MR. PULSIFER: And who do we have from Vermont 17 Yankee?
18 MR. WANCZYK: We have Bob Wancyzk, Mike 19 Balduzzi, Kevin Bronson.
20 MR. PULSIFER: Okay. Mr. Shadis, do you have 21 anyone else with you?
22 MR. SHADIS: No, I dont.
23 MR. PULSIFER: Okay. And, Mr. Lochbaum?
24 MR. LOCHBAUM: Just myself.
25
4 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. PULSIFER: Okay. The subject of this 1
teleconference is a 2.206 petition submitted by Mr. Shadis, dated 2
October 15th of this year.
3 MR. SHADIS: Thats correct. And that was submitted 4
on behalf of the New England Coalition on Nuclear Pollution.
5 MR. PULSIFER: Right. The request in this petition --
6 there were several requests. Under the provisions of 2.206, you have 7
asked the NRC to undertake enforcement action at VY requiring a 8
complete review of training and qualification of nuclear operations and 9
maintenance personnel.
10 You also asked us to undertake an evaluation of the VY 11 FSAR to determine if the document is accurate and there is sufficient 12 detail.
13 You also other requests -- the NRC undertake an 14 evaluation of the safety implications inherent in relying on economics or 15 synergies, shared personnel, engineering analysis, and so forth. The 16 NRC undertake to determine how much of the pump trip faux pas is 17 attributed to the integration of Entergy into the facility. And youve asked 18 the NRC to publicly review the event notification standards with the 19 licensee to ensure that at least preliminary risk determination can 20 proceed from event notification.
21 I believe those were the requests in your petition?
22 MR. SHADIS: Thats correct. And youve divided it 23 correctly, also. The first two requests really fall, in our view, under a 24 2.206 petition. The remaining three requests were included in the 25
5 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 general letter that would contain the petition.
1 Additionally, I understand --
2 MR. PULSIFER: Well, Ray, could you let me --
3 MR. SHADIS: Yes, go right ahead.
4 MR. PULSIFER: -- complete here, before we get into 5
the details?
6 MR. SHADIS: Sure.
7 MR. PULSIFER: As I say, the purpose of this 8
teleconference is to allow you, the petitioner, to address the Petition 9
Review Board. This is an opportunity for you to provide additional 10 explanations or support for this petition.
11 This is also an opportunity for the staff and the licensee 12 to ask any clarifying questions. The purpose of this teleconference is not 13 to debate the merits of the petition at this time.
14 MR. SHADIS: Quite so.
15 MR. PULSIFER: Following the phone call, the Petition 16 Review Board, the PRB, will meet today to determine whether the NRC 17 accepts the petition under this process, or whether it will be dealt under 18 another mechanism. The PRBs meeting today will not determine 19 whether we agree or disagree with the contents of the petition.
20 The teleconference is being transcribed, so it will be --
21 it will help if anyone making a statement first state their name clearly.
22 The transcript will become a supplement to the petition, and will be made 23 publicly available.
24 We have requested that the -- your remarks be limited 25
6 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 to 30 minutes here.
1 If the PRB decides that the petition will be considered 2
under 2.206, then the staff will issue an acknowledgement letter to the 3
petitioner. The Petition Manager will keep the petitioner and licensee 4
periodically informed of the progress of the staffs review.
5 Mr. Shadis, Im sorry to interrupt you, but you may 6
continue.
7 MR. SHADIS: No, thats fine. I understand that you had 8
to kind of read the rules out here.
9 MR. PULSIFER: Yes.
10 MR. SHADIS: But the -- what I wanted to say was that 11
-- a couple of things. You know, that Ive gotten some communications 12 from staff, and one is that the Petition Review Board is not certain that 13 the petition we submitted meets the criteria for a 2.206, and there was 14 particular reference to the request to undertake enforcement action.
15 That there was some confusion there.
16 I would like, at this point, orally -- and Ill do it in writing 17 if you wish -- amend that petition and simply drop the word 18 "enforcement." There are discretionary actions spelled out in the 19 10 CFR 2.206 and 202 that the staff -- that NRC can take. So we can 20 drop that word "enforcement" if thats -- if thats somehow limiting or 21 bothersome.
22 The other thing that Id like to mention by way of a 23 housekeeping detail is that I was referred to the Management Directive 24 8.11. If -- and Im not certain why, because this is a -- is a Management 25
7 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 Directive intended for the use of NRC staff. I understand it amplifies 1
somewhat on the regulations, but the citizenry really dont have a 2
handbook, if you will. We go by regulation.
3 My attorneys have suggested to me that if any part of 4
your decision is based on the 8.11, it may be -- it may fall into the 5
category of arbitrary and capricious, because it does not come directly 6
from the regulation. So I just wanted to fly that flag for you, and you 7
may, you know, want to consider that as things progress.
8 MR. PULSIFER: Okay. I guess what were looking for, 9
Mr. Shadis, if you can give us a little more detail on why you think this fits 10 into the 2.206 process.
11 MR. SHADIS: Well --
12 MR. PULSIFER: Because we will answer your 13 concerns.
14 MR. SHADIS: Certainly. Certainly. The licensees 15 notification, and then retraction of the notification, we see as evidence 16 that personnel in charge at the plant, supervisory personnel, were not 17 familiar with the actual configuration of the plant. And we view this as a 18 hazard.
19 Its -- you know, its certainly problematic in terms of the 20 public perception of the safety of these plants, if not the actual safety.
21 And we want to see to it that this question is explored, that its 22 determined whether or not the staff at Maine Yankee was adequately 23 trained on this particular plant.
24 MR. PULSIFER: Vermont Yankee?
25
8 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. SHADIS: Pardon me?
1 MR. PULSIFER: Vermont Yankee?
2 MR. SHADIS: Thats correct.
3 MR. PULSIFER: You said Maine Yankee.
4 MR. SHADIS: Whether or not the personnel at Maine 5
Yankee had at their disposal the documents to determine whether or not 6
these particular protection features were in place.
7 MR. PULSIFER: Again, Ray, you said at Maine Yankee.
8 You meant --
9 MR. SHADIS: Im sorry. Vermont Yankee. I spend a 10 good portion of my --
11 MR. PULSIFER: I understand.
12 MR. SHADIS: -- my life dealing with Maine Yankee.
13 MR. PULSIFER: Yes. Yes.
14 MR. SHADIS: Yes.
15 MR. PULSIFER: Does the Board have any particular 16 questions it would like to raise?
17 PARTICIPANT: No.
18 19 MR. PULSIFER: How about the licensee? Do you have 20 any questions to help clarify what Mr. Shaddus is looking at here?
21 MR. WANCZYK: This is Bob Wanczyk. No, we dont.
22 MR. PULSIFER: Okay. Thanks, Bob.
23 Region, do you have any questions?
24 PARTICIPANT: No, no questions.
25
9 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MS. SKAY: Do you want to ask anything?
1 MR. PULSIFER: How about Mr. Lochbaum?
2 MR. LOCHBAUM: This is Dave Lochbaum. No 3
questions.
4 MR. PULSIFER: Okay. Residents?
5 PARTICIPANT: We have nothing to add.
6 MR. PULSIFER: Okay. I believe thats it.
7 MR. SHADIS: Let me make one thing clear, if I may.
8 MR. PULSIFER: Sure. Sure.
9 MR. SHADIS: Lets try to use this time to get ahead of 10 any misconceptions.
11 MR. PULSIFER: Sure.
12 MR. SHADIS: We are not arguing about the safety 13 significance of the retraction or the original notice itself. That is to say, 14 whether or not -- were not arguing whether or not the plant is safer or 15 less safe or required to have protection components for this particular 16 system.
17 What we -- what our concern is directed to entirely is 18 whether or not the staff, the operating staff, persons in charge, 19 supervisory personnel, at Vermont Yankee should, for the sake of public 20 safety, be familiar with the features of their plant in detail to capture such 21 things as whether or not there are protection features on these systems.
22 MS. SKAY: Okay. You mentioned something in the 23 beginning of the call, Mr. Shaddus, that only the first two requests that 24 Mr. Pulsifer read were submitted under 2.206, and the remaining issues 25
10 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 were just included in the letter for the staff actions. Is that correct?
1 MR. SHADIS: Yes. Thats the way that -- that we view 2
the 2.206 is that -- that the 2.206 requires some action on the part of --
3 let me say if the 2.206 were granted, it would require some action on the 4
part of NRC with respect to this particular licensee.
5 The other three questions go -- well, the other -- two of 6
the other three questions go generally to asking NRC to review the 7
safety implications of the kinds of synergies that owners of multiple 8
facilities, especially when theyre buying facilities, adding facilities, are 9
looking at, whether or not they can shift personnel from plant to plant to 10 plant and still have them familiar with the peculiarities of each plant.
11 And then, the final request reflects what we see as an 12 insufficient amount of information in these notifications to determine 13 whether or not -- right at the onset, whether or not there are significant 14 safety implications.
15 So, in any case, the second three we view as something 16 that NRC requires a broader look, a broader study, something for NRC 17 to do internally. The first two we view as something that NRC would 18 need to engage in some kind of regulatory action at plant site.
19 MS. SKAY: Okay. Thank you.
20 MR. PULSIFER: Nothing further? Thank you. Well 21 end the call now. The Petition Review Board will sit down in a closed 22 meeting and have our discussions.
23 MR. SHADIS: Thank you.
24 MR. PULSIFER: Ill keep you and the licensee informed.
25
11 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 (202) 234-4433 MR. SHADIS: Thank you.
1 MR. PULSIFER: Thank you very much.
2 (Whereupon, the proceedings in the foregoing matter 3
were concluded.)
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