ML041040352

LTR-04-0223 - Ltr. Michael H. Dworkin, David C. Coen and John D. Burke, State of Vermont, Public Service Board Request for Independent Engineering Assessment of Vermont Yankee

ML041040352
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	03/31/2004
From:	Burke J, Coen D, Dworkin M State of VT, Public Service Board
To:	Diaz N NRC/Chairman, Document Control Desk, Office of Nuclear Reactor Regulation, NRC/SECY
References
LTR-04-0223
Download: ML041040352 (4)

Text

IV OFFICE OF TIHE SECRETARY CORRESPONDENCE CONTROL TICKET Date Pinted:Apr 09, 2004 15:28 PAPER NUMBER: LTR-04-0223 LOGGING DATE: 04/09/2004 ACTION OFFICE: EDO Ie .b 1do(Le AUTHOR: Michael Dworkin EDO AFFILIATION: VT -Ct DEDMRS

- DEDH ADDRESSEE: Nils Diaz DEDM AO

SUBJECT:

Vermont Public Service Board Request for Independent Engineering Assessmen tof VermoVEDR Yankee ACTION: Signature of Chairman DISTRIBUTION: Cy RF. SECY to Ack.

LETTER DATE: 03/31/2004 ACKNOWLEDGED No SPECIAL HANDLING: ADAMS for Immediate Release via SECY/EDO/DPC NOTES:

FILE LOCATION: ADAMS DATE DUE: 05/11/2004 DATE SIGNED:

112 State Street MTYITDD (VT): 1-800-734-8390 Drawer 20 Fax: (802) 828-3351 Montplier. VT 05620-2701 E-Mail: clerk@psbstate.vt.us Tel.: (802) 828-2358 Internet: http://www.state.vt.usftsb State of Vermont Public Service Board March 31, 2004 Mr. Nils J. Diaz, Chairman United States Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 ATTN: Document Control Desk Washington, D.C. 20555

Subject:

Vermont Public Service Board Request for Independent Engineering Assessment of Vermont Yankee Nuclear Power Station License No. DPR -28 (Docket 50-271)

Technical Specification Proposed Change No. 263 Extended Power Uprate

Dear Chairman Diaz:

We wrote to you on March 15, 2004, requesting that the United States Nuclear Regulatory Commission ("NRC") conduct its review of the proposed extended power uprate at the Vermont Yankee Nuclear Power Station ("Vermont Yankee") in a "way that will provide Vermont with a level of assurance about reliability equivalent to an independent engineering assessment." We asked for this assessment because of our significant concerns with the effect that the uprate may have upon the future reliability of Vermont Yankee.

Today, the owner of Vermont Yankee, Entergy Nuclear Vermont Yankee ("Entergy"), submitted a filing with the Vermont Public Service Board ("Board") that included a letter from the NRC to Vermont Senator James M. Jeffords. That letter, from William D. Travers, Executive Director for Operations, suggested that the NRC was planning to conduct a baseline inspection program for the power uprate rather than expanding the review. It is unclear whether that letter to Senator

- Page 2 -

Jeffords was intended to be the NRC's response to this Board. We have also received notice that the NRC will hold a meeting tonight in Vernon to discuss the power uprate with members of the public.

At the present time, the Board has pending motions to reconsider our Order approving the proposed power uprate. As a result, we cannot actively debate the issues raised in our Order.

However, we want to make very clear that the views expressed in our previous letter are unchanged, although we have not yet considered the pending motions for reconsideration (one of which seeks a more extensive independent assessment). In particular, we reiterate our request that the NRC's review of the proposed power uprate include the following features:

• It would be independent in the same sense as the independent safety assessment of Maine Yankee, i.e., it should be performed by experts "independent of any recent or significant regulatory oversight responsibility" related to Vermont Yankee.

• The assessment would be a vertical slice review of two safety-related systems and two Maintenance Rule, non-safety systems affected by the uprate. The level of effort necessary for this work has been described to us in testimony as requiring about four experts for about four weeks.

This will provide a valuable check of the reliability of the systems that are reviewed and allow for correction of any problems.

• The independent engineering assessment should be (as we believe is expected) reviewed by the ACRS in the context of their evaluation of the power uprate.

We want to stress that our request is not based upon a concern about the safety of Vermont Yankee; safety is clearly an issue over which the NRC has jurisdiction and considerable expertise. Instead, our concern stems from the potential impact that the power uprate could have upon reliability, which would affect the value to Vermont of existing purchase agreements for power from Vermont Yankee. A number of nuclear plants that have undergone extended power uprates have experienced increased outages or power derates. The problems that led to these outages may not have been safety-related, but they have affected the output of these nuclear plants. Our request is based upon our obligation to ensure that such outages are unlikely at Vermont Yankee.

Because of factors that are unique to Vermont Yankee, we also do not expect that granting our request will establish poor precedent. As we said in our previous letter, the record evidence we

-Page 3 -

heard shows that the proposed uprate at Vermont Yankee is larger than those that have occurred at other nuclear plants. Moreover, Vermont Yankee is one of the older nuclear facilities.

Thank you very much for your consideration of this matter.

Sincerely, X- 5t Michael H. Dworkin, Chairman >,N 4 v David C. Coen, Board Member WIt

.BrkCe, Board Member -

Cc: Mr. Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 0-8EIA Washington, D.C. 20555-0001 Mr. Richard B. Ennis, Project Manager Licensing Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 0-8B-1 Washington, D.C. 20555-0001