ML041400317

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G20040284 /LTR-04-0249 - Vermont Yankee, 2.206 Acknowledgment Letter, Request to Halt All Fuel Movement at Vermont Yankee
ML041400317
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/28/2004
From: Marsh L
NRC/NRR/DLPM
To: Shadis R
New England Coalition
Wang A, NRR/DLPM, 415-1445
References
G20040284, TAC MC2745
Download: ML041400317 (5)


Text

May 28, 2004 Mr. Raymond Shadis Staff Technical Advisor New England Coalition Post Office Box 98 Edgecomb, ME 04556

Dear Mr. Shadis:

Your petition, received on April 22, 2004, and addressed to Dr. William Travers, has been referred to me pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the Nuclear Regulatory Commissions (NRCs) regulations. The petition requests that until such time as Entergy Nuclear Operations, Inc. (Entergy) renders an accurate and NRC-verified account of the location, disposition, and condition of all irradiated fuel, including fuel currently loaded in the reactor core, the NRC order a halt to all fuel movement at Vermont Yankee Nuclear Power Station (Vermont Yankee). As the basis for the request, you stated that because Entergy has lost control of the spent fuel inventory at Vermont Yankee, you have no confidence that Entergy did not put leaking fuel or suspected leaking fuel assemblies back into the reactor core during this refueling outage.

By teleconference on April 28, 2004, the NRC staff provided you with a brief description of the 2.206 process and your options for proceeding with this petition. Another teleconference was held on May 5, 2004, to discuss your petition with the Petition Review Board (PRB). Based on our discussions with you, we concluded that you identified no immediate safety concern that would warrant stopping the restart of Vermont Yankee.

The results of the May 5, 2004, teleconference have been considered in the PRBs determination regarding the request for immediate action and in concluding that your petition meets the criteria to be considered under 10 CFR 2.206. Your request to stop all fuel movement at Vermont Yankee is moot as all fuel movement for this outage had been completed by the time we received your request. During this teleconference, you reaffirmed your request to stop all fuel movement but stated that you understood that at the present time that request would be limited to the spent fuel pool. You stated that you wanted the NRC to issue an order to Entergy to verify the inventory of all the special nuclear material in the spent fuel pool. You also stated your request for the NRC to verify Entergys account of the inventory.

In addition, you noted that you are not averse to moving fuel in the spent fuel pool if it is related to the inventory inspection.

As result of your petition, the NRC issued a letter dated May 21, 2004, to Entergy requesting that they respond to the petition and provide documentation of the following: (1) verification of the inventory of all special nuclear material in the spent fuel pool; (2) all other actions being performed to locate the missing fuel; (3) verification of the location of the remaining portions of the two spent fuel rod segments; and (4) the results of actions to locate the missing fuel when the current efforts are completed.

R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.

The petition is being reviewed by the Division of Licensing Project Management within the Office of Nuclear Reactor Regulation. I assigned Alan Wang to be the petition manager for the petition. Mr. Wang can be reached at 301-415-1445. Additionally, I have referred to the NRC Office of the Inspector General those allegations of NRC wrongdoing discussed during the May 5, 2004, teleconference. For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition.

Additionally, I have enclosed a copy of Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation

Enclosures:

1. Federal Register Notice
2. Management Directive 8.11
3. NUREG/BR-0200 cc w/copy of 2.206 petition: see next page

R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.

The petition is being reviewed by the Division of Licensing Project Management within the Office of Nuclear Reactor Regulation. I assigned Alan Wang to be the petition manager for the petition. Mr. Wang can be reached at 301-415-1445. Additionally, I have referred to the NRC Office of the Inspector General those allegations of NRC wrongdoing discussed during the May 5, 2004, teleconference. For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition.

Additionally, I have enclosed a copy of Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation

Enclosures:

1. Federal Register Notice
2. Management Directive 8.11
3. NUREG/BR-0200 cc w/copy of 2.206 petition: see next page DISTRIBUTION:

PUBLIC LReyes SCollins WKane CPaperiello PNorry WDean JDyer BSheron OGC OPA OCA SBurns/KCyr, OGC SECY (04-0249)

NRR Mail Room (G20040284)

KJohnson LCox CHolden AHowe CRaynor REnnis AWang DSkay JGoldberg, OGC HMiller, Rgn 1 CBixler, Rgn 1 CAnderson, Rgn 1 Package: ML041480413 Incoming: ML041180245 : ML011380727 Response: ML041400317 : ML013600445 FR Notice: ML041480426 OFFICE PDIV-2/PM PDI-2/PM PDI-2/LA PDI-1/VY SC PDI/PD NAME DSkay for AWang REnnis CRaynor REnnis for AHowe CHolden DATE 5/27/04 5/27/04 5/27/04 5/24/04 5/24/04 OFFICE Tech Ed OGC DLPM/D NAME PKleene SHLewis TMarsh DATE 5/25/04 05/25/04 5/28/04 OFFICIAL RECORD COPY

Vermont Yankee Nuclear Power Station cc:

Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 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 Operating Experience Coordinator Vermont Yankee Nuclear Power Station 320 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 Ms. Carla A. White, RRPT, CHP Radiological Health Vermont Department of Health P.O. Box 70, Drawer #43 108 Cherry Street Burlington, VT 05402-0070 Mr. James M. DeVincentis Manager, Licensing Vermont Yankee Nuclear Power Station 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. John F. McCann Director, Nuclear Safety Assurance Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Gary J. Taylor Chief Executive Officer Entergy Operations 1340 Echelon Parkway Jackson, MS 39213

Vermont Yankee Nuclear Power Station cc:

Mr. John T. Herron Sr. VP and Chief Operating Officer Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Danny L. Pace Vice President, Engineering Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Brian OGrady Vice President, Operations Support Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. John M. Fulton Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Mr. Jay K. Thayer Site Vice President Entergy Nuclear Operations, Inc.

Vermont Yankee Nuclear Power Station P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Kenneth L. Graesser 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. James Sniezek 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Ronald Toole 1282 Valley of Lakes Box R-10 Hazelton, PA 18202 Ms. Stacey M. Lousteau Treasury Department Entergy Services, Inc.

639 Loyola Avenue New Orleans, LA 70113 Mr. Raymond Shadis New England Coalition Post Office Box 98 Edgecomb, ME 04556 Mr. James P. Matteau Executive Director Windham Regional Commission 139 Main Street, Suite 505 Brattleboro, VT 05301 Mr. William K. Sherman Vermont Department of Public Service 112 State Street Drawer 20 Montpelier, VT 05620-2601