ML041460536

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G20040170/LTR-04-0137 - Janet and Walter Schwarz Ltr. Re. Independent Safety Assessment of Vermont Yankee
ML041460536
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/27/2004
From: Holden C
NRC/NRR/DLPM/LPD1
To: Schwarz J, Schwarz W
- No Known Affiliation
Ennis R, NRR/DLPM, 415-1420
Shared Package
ML041460540 List:
References
G20040170, LTR-04-0137, TAC MC2307
Download: ML041460536 (4)


Text

May 27, 2004 Janet and Walter Schwarz 850 Meadowbrook Road Brattleboro, VT 05303

Dear Mr. and Mrs. Schwarz:

I am responding on behalf of the U.S. Nuclear Regulatory Commission (NRC) to your letter to NRC Chairman, Mr. Nils Diaz, dated March 2, 2004, regarding the request by Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Entergy) to amend the Vermont Yankee Nuclear Power Station (Vermont Yankee) license to increase the power level of the facility by 20%. In that letter, you expressed concern with Entergys request for the Vermont Yankee power uprate. Based on those concerns, you requested that the NRC conduct an independent safety assessment at Vermont Yankee.

Currently, the NRC staff is in the early stages of the review of the Vermont Yankee power uprate request. As such, we have not reached any conclusions concerning the acceptability of the proposed change. We believe that the extensive technical review performed by the NRC staff along with the ongoing NRC inspection program, provide assurance that any issues that could affect safe operation of the plant, related to the proposed power uprate, will be identified.

The NRC will not approve the Vermont Yankee uprate, or any proposed change to a plant license, unless the NRC staff can conclude that the proposed change will be executed in a manner that assures the publics health and safety.

Regarding your concern that the plants design criteria might not meet the current safety standards, we recognize that Vermont Yankee was licensed in 1972, and many changes to the regulations have occurred subsequent to the initial licensing. The NRC frequently updates its regulations as a result of improvements to technology and based on operating experience.

When requirements are changed, the NRC applies a rigorous evaluation standard to determine if the safety benefit of the new requirements justifies imposing the changes on existing licensees. For example, Vermont Yankee was designed and constructed based on the proposed General Design Criteria (GDC) published by the Atomic Energy Commission (AEC) in 1967. The final GDC were made a part of the AECs regulations in 1971. Each plant licensed before the final GDC were formally adopted, including Vermont Yankee, was evaluated by the AEC on a plant-specific basis, and was determined to be safe. The NRC determined that imposing the final GDC on plants with construction permits issued prior to 1971, would provide little or no safety benefit while requiring an extensive commitment of resources. In other cases, the NRC has imposed new regulations on nuclear facilities based on the substantial increase in safety that would be provided (e.g., environmental qualification of electrical equipment).

I have enclosed a copy of the letter that we sent to the Vermont Public Service Board regarding its request for an independent engineering assessment that would provide the State of Vermont a level of assurance about plant reliability. This letter addresses the safety concerns you have raised. In response to the Public Service Boards concerns and many other requests that we have received, the NRC has taken a closer look at our proposed inspections and technical reviews to assure ourselves that they will identify any potential concerns for older plants, such as Vermont Yankee, operating at uprated power conditions. We have concluded that the detailed technical review combined with the inspections prescribed by the reactor oversight process, as

Janet and Walter Schwarz enhanced by a pilot engineering inspection, is the most effective method of informing our decision on whether Vermont Yankee could safely operate under uprated power conditions.

The NRC considers Vermont Yankee to be operated safely. The NRC continues to actively monitor Vermont Yankee, and all of our nations nuclear power plants, and is prepared to take adequate measures to ensure the continued safety of the nuclear facilities.

Thank you for your interest in NRC activities. For current information on the NRCs review of the proposed power uprate, please see the Vermont Yankee webpage on the NRCs website at http://www.nrc.gov/reactors/plant-specific-items/vermont-yankee-issues.html.

Sincerely,

/RA/

Cornelius F. Holden, Jr., Director Project Directorate I Division of Licensing and Project Management Office of Nuclear Reactor Regulation

Enclosure:

Letter to the Vermont Public Service Board

Janet and Walter Schwarz detailed technical review combined with the inspections prescribed by the reactor oversight process, as enhanced by a pilot engineering inspection, is the most effective method of informing our decision on whether Vermont Yankee could safely operate under uprated power conditions.

The NRC considers Vermont Yankee to be operated safely. The NRC continues to actively monitor Vermont Yankee, and all of our nations nuclear power plants, and is prepared to take adequate measures to ensure the continued safety of the nuclear facilities.

Thank you for your interest in NRC activities. For current information on the NRCs review of the proposed power uprate, please see the Vermont Yankee webpage on the NRCs website at http://www.nrc.gov/reactors/plant-specific-items/vermont-yankee-issues.html.

Sincerely,

/RA/

Cornelius F. Holden, Jr., Director Project Directorate I Division of Licensing and Project Management Office of Nuclear Reactor Regulation

Enclosure:

Letter to the Vermont Public Service Board DISTRIBUTION: See next page ADAMS Accession Numbers: Package: ML041460540; Incoming: ML040720186 Response: ML041460536;

Enclosure:

ML041170438 OFFICE PDIV-1:PM PDI-1:PM PDI-2:LA VY:SC PDI:D NAME MThadani DSkay CRaynor AHowe CHolden DATE 5/26/04 5/26/04 5/26/04 5/26/04 5/26/04 OFFICIAL RECORD COPY

DISTRIBUTION TO G02004170 RESPONSE TO JANET AND WALTER SCHWARZ DISTRIBUTION:

PUBLIC LReyes SCollins WKane CPaperiello PNorry WDean JDyer BSheron OGC OPA OCA SECY (LTR-04-0137)

NRR Mailroom (G20040170)

KJohnson TMarsh/ELeeds CHolden AHowe DSkay MThadani REnnis CRaynor PDI-2 Reading CBixler, Rgn-1 CAnderson, Rgn-1 BHolian, Rgn-1 DPeton, Rgn-1 HMiller, Rgn-1 SBurns/KCyr, OGC DRathbun, OCA JLarkins, ACRS TMcMurtray