ML041480490

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Y020040072 - Alison Macrae Ltr. Re. Independent Engineering Assessment for Vermont Yankee
ML041480490
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/28/2004
From: Holden C
NRC/NRR/DLPM/LPD1
To: Macrae A
- No Known Affiliation
Ennis R, NRR/DLPM, 415-1420
Shared Package
ML041480508 List:
References
TAC MC2575, Y020040072
Download: ML041480490 (3)


Text

May 28, 2004 Alison Macrae 133 Main Street Brattleboro, VT 05301

Dear Ms. Macrae:

I am responding on behalf of the U.S. Nuclear Regulatory Commission (NRC) to your letter dated March 31, 2004. You expressed concerns in your letter 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. You also requested in your letter that the NRC perform an independent engineering assessment of Vermont Yankee before the uprate is granted. In addition, you expressed concerns about the Vermont Yankee license being renewed. Lastly, you expressed concerns about not being able to purchase insurance that would cover your business and home in the event of an accident at Vermont Yankee.

A primary responsibility of the NRC is to ensure public health and safety. We consider an extended power uprate to be a significant licensing action. 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 related to the proposed power uprate that could affect safe operation of the plant 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 public health and safety.

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. In our response, 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 operating at uprated power conditions. We have concluded that the 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.

Entergy, the licensee for Vermont Yankee, has indicated publicly that they intend to seek license renewal for Vermont Yankee. However, as of this date, Entergy has not submitted a license renewal application for NRC review. Should the NRC receive an application in the future, the NRC staff will review both the safety and environmental issues associated with the license renewal application. Specifically, the licensee must provide the NRC with an evaluation that addresses the technical aspects of plant aging and must describe how the aging will be managed. In addition, the licensee must prepare an evaluation of the potential impact on the environment to support plant operation for the additional 20 years. License renewal is a

A. Macrae process open to public participation in a number of ways, including public meetings and the opportunity for adjudicatory hearings. All NRC technical and environmental review results, and records of adjudicatory hearings will be fully documented and made publically available.

License renewal rests on the determination that current operating plants continue to maintain an adequate level of safety. Over the plants life, this level of safety has been enhanced through maintenance of the licensing basis, with appropriate adjustments to address new information from industry operating experience. Additionally, the NRCs regulatory activities have provided ongoing assurance that the current licensing basis will continue to provide an acceptable level of safety. The license renewal review process was developed to provide continued assurance that this level of safety will be maintained for the period of extended operation if a renewed license is issued.

Regarding your concerns with insurance, the Price-Anderson Act, which was enacted in 1957, provides a system to pay funds for claims by members of the public for personal injury and property damage resulting from a nuclear incident. It provides financial assistance for bodily injury, sickness, disease or resulting death, property damage and loss as well as reasonable living expenses for individuals evacuated. Although the Price-Anderson Act does not prohibit private insurers from offering this type of insurance, the standard fire and property policies have contained the exclusion since 1959. The insurers consider that property damage caused by a nuclear accident would be covered under the Price-Anderson Act and that coverage for the same property damage should be excluded from conventional policies to avoid duplication of coverage.

The NRC considers public involvement in, and information about, our activities to be a cornerstone of strong, fair regulation of the nuclear industry. Please check this web address for more information related to Vermont Yankee and opportunities to participate:

http://www.nrc.gov/reactors/plant-specific-items/vermont-yankee-issues.html.

Sincerely,

/RA by JClifford for/

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

Enclosure:

Letter to the Vermont Public Service Board

A. Macrae process open to public participation in a number of ways, including public meetings and the opportunity for adjudicatory hearings. All NRC technical and environmental review results, and records of adjudicatory hearings will be fully documented and made publically available.

License renewal rests on the determination that current operating plants continue to maintain an adequate level of safety. Over the plants life, this level of safety has been enhanced through maintenance of the licensing basis, with appropriate adjustments to address new information from industry operating experience. Additionally, the NRCs regulatory activities have provided ongoing assurance that the current licensing basis will continue to provide an acceptable level of safety. The license renewal review process was developed to provide continued assurance that this level of safety will be maintained for the period of extended operation if a renewed license is issued.

Regarding your concerns with insurance, the Price-Anderson Act, which was enacted in 1957, provides a system to pay funds for claims by members of the public for personal injury and property damage resulting from a nuclear incident. It provides financial assistance for bodily injury, sickness, disease or resulting death, property damage and loss as well as reasonable living expenses for individuals evacuated. Although the Price-Anderson Act does not prohibit private insurers from offering this type of insurance, the standard fire and property policies have contained the exclusion since 1959. The insurers consider that property damage caused by a nuclear accident would be covered under the Price-Anderson Act and that coverage for the same property damage should be excluded from conventional policies to avoid duplication of coverage.

The NRC considers public involvement in, and information about, our activities to be a cornerstone of strong, fair regulation of the nuclear industry. Please check this web address for more information related to Vermont Yankee and opportunities to participate:

http://www.nrc.gov/reactors/plant-specific-items/vermont-yankee-issues.html.

Sincerely,

/RA by JClifford for/

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

Enclosure:

Letter to the Vermont Public Service Board DISTRIBUTION:

PUBLIC W. Borchardt J. Craig M. Case J. Dyer B. Sheron C. Holden A. Howe R. Ennis D. Skay B. Tindell A. McMurtray C. Raynor L. Cox H. Miller, Rgn. 1 C. Bixler, Rgn. 1 NRR Mail Room (Y020040072)

PDI-2 Reading File Package: ML041480508 Incoming: ML040980568 Response: ML41480490

Enclosure:

ML041170438 OFFICE PDI-2/GE PDI-2/LA PDI-1/PM VY/SC PDI/D NAME BTindell CRaynor DSkay AHowe JClifford for CHolden DATE 5/28/04 5/28/04 5/28/04 5/28/04 5/28/04 OFFICIAL RECORD COPY