ML042590220

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Y020040182 - David Lochbaum Ltr. Re. Communications - Common Understanding of the Message: Vermont Yankee Petition
ML042590220
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 01/17/2005
From: Dyer J
Office of Nuclear Reactor Regulation
To: Lochbaum D
Union of Concerned Scientists
Howe Allen, NRR/DLPM ,415-1351
Shared Package
ML042590274 List:
References
2.206, TAC MC4269, Y020040182
Download: ML042590220 (5)


Text

January 17, 2005 Mr. David Lochbaum Union of Concerned Scientists 1707 H Street, NW Suite 600 Washington, DC 20006-3919

Dear Mr. Lochbaum:

I am responding to your letter dated August 30, 2004. In your letter, you referred to a petition filed by Mr. Paul Blanch and Mr. Arnold Gundersen related to the compliance of Vermont Yankee Nuclear Power Station (Vermont Yankee) with the General Design Criteria (GDC). You noted that the NRCs response to the petition dated August 20, 2004, did not answer the compliance question raised by the petitioners. The purpose of our letter on August 20, 2004, was to provide the staffs assessment of whether the petition met the criteria of Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) for evaluation under that process, rather than to discuss the specific merits of that request. However, I did address whether Vermont Yankee is licensed to the draft or final GDC to clear up confusion on that issue. I noted in this letter that the NRC would not review the request under 10 CFR 2.206 at that time because the period to request a hearing on Entergys application for a power uprate was currently open and because that forum provided an opportunity to raise the issue. On November 22, 2004, the Atomic Safety and Licensing Board granted a hearing and admitted certain contentions.

However, the Licensing Board declined to admit a proffered contention substantially similar to the Section 2.206 petition. Accordingly, following this decision, the Petition Review Board re-convened to evaluate Mr. Blanchs and Mr. Gundersens petition against the criteria of 10 CFR 2.206.

The Petition Review Board determined that the petitioners concern regarding the maintenance of the design basis information in Appendix F of the Vermont Yankee Updated Final Safety Analysis Report warranted further evaluation. Therefore, the NRC has accepted this petition for review under 10 CFR 2.206. Concerns that the petitioners have expressed regarding the design basis of Vermont Yankee will be addressed as part of our review of the petition. The NRC staff will consider the questions that you raised in your August 30, 2004, letter in conjunction with its review of the petition and will follow up with you at that time.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271

Mr. David Lochbaum Union of Concerned Scientists 1707 H Street, NW Suite 600 Washington, DC 20006-3919

Dear Mr. Lochbaum:

I am responding to your letter dated August 30, 2004. In your letter, you referred to a petition filed by Mr. Paul Blanch and Mr. Arnold Gundersen related to the compliance of Vermont Yankee Nuclear Power Station (Vermont Yankee) with the General Design Criteria (GDC). You noted that the NRCs response to the petition dated August 20, 2004, did not answer the compliance question raised by the petitioners. The purpose of our letter on August 20, 2004, was to provide the staffs assessment of whether the petition met the criteria of Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) for evaluation under that process, rather than to discuss the specific merits of that request. However, I did address whether Vermont Yankee is licensed to the draft or final GDC to clear up confusion on that issue. I noted in this letter that the NRC would not review the request under 10 CFR 2.206 at that time because the period to request a hearing on Entergys application for a power uprate was currently open and because that forum provided an opportunity to raise the issue. On November 22, 2004, the Atomic Safety and Licensing Board granted a hearing and admitted certain contentions.

However, the Licensing Board declined to admit a proffered contention substantially similar to the Section 2.206 petition. Accordingly, following this decision, the Petition Review Board re-convened to evaluate Mr. Blanchs and Mr. Gundersens petition against the criteria of 10 CFR 2.206.

The Petition Review Board determined that the petitioners concern regarding the maintenance of the design basis information in Appendix F of the Vermont Yankee Updated Final Safety Analysis Report warranted further evaluation. Therefore, the NRC has accepted this petition for review under 10 CFR 2.206. Concerns that the petitioners have expressed regarding the design basis of Vermont Yankee will be addressed as part of our review of the petition. The NRC staff will consider the questions that you raised in your August 30, 2004, letter in conjunction with its review of the petition and will follow up with you at that time.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271 DISTRIBUTION: Y20040182 See next page Package: ML042590274 Incoming: ML042520152 Accession: ML042590220 OFFICE PDI-1/PM PDI-2/LA PDI-VY/SC OGC PDI/D DLPM/D NRR/D NAME DSkay CRaynor AHowe BPoole CHolden TMarsh JDyer DATE 12/22/04 9/21/04 10/18/04 12/22/04 10/08/04 10/08/04 1/17/05 OFFICIAL RECORD COPY

DISTRIBUTION FOR EDO #Y20040182 RESPONSE TO DAVID LOCHBAUM DATED:

DISTRIBUTION: Y20040182 PDI-2 R/F JDyer, NRR WBorchardt BSheron, NRR/ADPT CCarpenter NRR Mail Room LCox AHowe CHolden DSkay REnnis CRaynor SCollins, RI CAnderson, RI JStang VBucci, OIG BPoole, OGC

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, LLP 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