ML042780211
| ML042780211 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/10/2004 |
| From: | Holden C NRC/NRR/DLPM/LPD1 |
| To: | Blanch P, Gundersen A - No Known Affiliation |
| Skay D, NRR/DLPM, 415-1322 | |
| Shared Package | |
| ML042780190 | List: |
| References | |
| TAC MC4454, Y020040187 | |
| Download: ML042780211 (5) | |
Text
December 10, 2004 Paul M. Blanch 135 Hyde Road West Hartford, CT 06117 Arnold Gundersen 139 Killarney Drive Burlington, VT 05401
Dear Messrs. Blanch and Gundersen:
I am responding on behalf of the Nuclear Regulatory Commission (NRC) to your email of September 9, 2004, to Mr. Rick Ennis. In your email, you made requests regarding communications related to the Vermont Yankee Nuclear Power Station (Vermont Yankee) proposed extended power uprate review. In particular, you requested that the NRC provide documentation of all past and ongoing communication between the NRC and the licensee and/or vendors related to the subject areas of your Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 petition and allegations; and telephone access to all meetings and/or access to all telephone discussions between the NRC and the licensee and/or vendors related to the subject areas of your 10 CFR 2.206 petition and allegations.
The 10 CFR 2.206 process was designed to be an open process so that the public can fully participate. Any significant information exchanged between the NRC and the affected licensee related to a 2.206 petition, such as transcripts of Petition Review Board meetings, requests for information from the licensee, or responses to petitions from licensees, are made publicly available via the ADAMS system. In addition, once a petition is accepted for review under 2.206, our process calls for the petitioners to be added to the distribution list for the facility involved, and to be placed on distribution for other NRC correspondence relating to the issues raised in the petition. In the case of the petition submitted by you on July 29, 2004, the NRC Petition Review Board held a teleconference with you on August 30, 2004. In accordance with our normal procedure, the licensee was invited to participate in this teleconference. Also, in accordance with our process, the meeting was transcribed. The transcript of this meeting, along with a discussion of the status of the staffs review of your petition, will be provided to you by a separate letter.
The allegation process is not designed to be fully open to public observation, both to protect the alleger and to ensure that charges, particularly if they involve personal wrongdoing, have a valid basis before the concerns are made public. The NRC staff will often communicate with the affected licensee in the course of obtaining additional information regarding an allegation. The NRC will generally make this information available to the alleger if the allegation has been closed and there is no proprietary information involved. In order to receive information of this type, we request that you use our Freedom of Information Act (FOIA) process. The FOIA process ensures that all relevant documents and information are captured and that they are appropriately reviewed for releasability. The FOIA process includes specific, stringent criteria for withholding of information from the public, and will ensure that no information is inappropriately withheld.
P. Blanch and A. Gundersen No information conveyed solely by telephone may be used to contribute to a regulatory or licensing action (e.g., a staff document or safety evaluation may not reference a telephone call as the sole source information leading to a staff finding). Information needed for decision making must be documented in formal communications to the staff, which are made available to the public via the ADAMS system.
As you may be aware, public access to ADAMS was temporarily suspended so that security reviews of publicly available documents could be performed and potentially sensitive information removed. The NRC has now returned a large number of reactor-related documents to ADAMS. Specifically, documents contained in the Vermont Yankee docket are now available through the CITRIX-based version of the ADAMS Publicly Available Records System. The staff is moving to complete its review expeditiously so as to restore access to all other documents at the earliest possible time.
In summary, I believe that our current processes will provide you with relevant information that you would need to fully participate in the licensing process. Nevertheless, I have forwarded your concern regarding the openness of our communications to the Office of the Inspector General.
Sincerely,
/RA/
Cornelius F. Holden, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page
P. Blanch and A. Gundersen No information conveyed solely by telephone may be used to contribute to a regulatory or licensing action (e.g., a staff document or safety evaluation may not reference a telephone call as the sole source information leading to a staff finding). Information needed for decision making must be documented in formal communications to the staff, which are made available to the public via the ADAMS system.
As you may be aware, public access to ADAMS was temporarily suspended so that security reviews of publicly available documents could be performed and potentially sensitive information removed. The NRC has now returned a large number of reactor-related documents to ADAMS. Specifically, documents contained in the Vermont Yankee docket are now available through the CITRIX-based version of the ADAMS Publicly Available Records System. The staff is moving to complete its review expeditiously so as to restore access to all other documents at the earliest possible time.
In summary, I believe that our current processes will provide you with relevant information that you would need to fully participate in the licensing process. Nevertheless, I have forwarded your concern regarding the openness of our communications to the Office of the Inspector General.
Sincerely,
/RA/
Cornelius F. Holden, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page DISTRIBUTION: Y020040187 PUBLIC PDI-2 R/F JDyer BSheron CHolden REnnis DSkay JStang LCox AHowe CAnderson, RGN-I CCarpenter NRR Mail Room CRaynor RBorchardt GMatakas, RGN-1 VBucci, OIG BPoole, OGC Package: ML042780190 Incoming: ML042670283 Accession: ML042780211 OFFICE PDI-1/PM PDI-2/LA PDI-VY/SC PDI-2/PM OGC DIPM/IPSB PDI/D NAME DSkay CRaynor AHowe REnnis BPoole GCwalina CHolden DATE 12/09/04 10/06/04 10/25/04 11/01/04 11/09/04 10/27/04 12/09/04 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