ML042940225

Vermont Yankee - Letter from Brooke D. Poole to Administrative Judges Enclosing a Copy of a Letter Sent by the NRC Staff to the Applicant Re Delay in Scheduled Completion Date for Review of Application

ML042940225
Person / Time
Site:	Vermont Yankee
Issue date:	10/19/2004
From:	Poole B NRC/OGC
To:	Anthony Baratta, Karlin A, Rubenstein L Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8661
Download: ML042940225 (6)

Text

RAS 8661

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 19, 2004 DOCKETED 10/19/04 OFFICE OF THE GENERAL COUNSEL Administrative Judge Alex S. Karlin, Chair Administrative Judge Lester S. Rubenstein Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR VERMONT YANKEE LLC and ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

Docket No. 50-271-OLA

Dear Administrative Judges:

Attached for the information of the administrative judges is a copy of a letter sent by the NRC Staff to the applicant in this matter on October 15, 2004. The letter explains that the scheduled completion date for review of the subject application has been delayed.

Respectfully submitted, Brooke D. Poole Counsel for NRC Staff

Enclosure:

As stated cc: Service List

o UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 15, 2004 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

SUBJECT:

VERMONT YANKEE NUCLEAR POWER STATION - EXTENDED POWER UPRATE REVIEW SCHEDULE (TAC NO. MC0761)

Dear Mr. Kansler:

By letter dated September 10, 2003, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy or the licensee), submitted a proposed license amendment to the U.S. Nuclear Regulatory Commission (NRC) for the Vermont Yankee Nuclear Power Station (VYNPS). The proposed amendment, 'Technical Specification Proposed Change No. 263, Extended Power Uprate" would allow an increase in the maximum authorized power level for VYNPS from 1593 megawatts thermal (MWT) to 1912 MWT.

In a letter dated February 20, 2004, the NRC staff Informed Entergy that the staff had completed its acceptance review of the VYNPS extended power uprate (EPU) license amendment application and established a forecast review completion date of January 31, 2005.

The purpose of this letter is to provide notification that the staff's review schedule will be impacted, primarily due to concerns regarding the steam dryer analysis.

From the early stages of the VYNPS EPU review, the NRC staff has emphasized that steam dryer integrity was an area receiving a very high level of attention by the NRC due to industry operating experience with steam dryer failures following EPU implementation. Although the steam dryer performs a nonsafety-related function, it must maintain its structural integrity to prevent the occurrence of loose parts in the reactor pressure vessel or attached piping systems that could degrade the ability of safety-related components to perform their safety function.

During the review, in an attempt to resolve our steam dryer concerns, the NRC staff has requested additional information, held three public meetings with Entergy, and performed an audit of the steam dryer analysis at the General Electric office In San Jose, California. Based on review of the information provided in the application, the supplements received through October 7, 2004 (Supplements 1 through 20), and the results of the audit, the NRC staff has determined that the information submitted by the licensee to date does not yet provide sufficient assurance that the VYNPS steam dryer will remain capable of maintaining its structural integrity under EPU conditions. During the audit and the most recent public meeting, Entergy staff indicated that further information will be submitted to address the NRC staff concerns related to steam dryer integrity. The NRC staff expects that Entergy will address additional measures as necessary to account for uncertainties of the analysis.

M. Kansler In addition to the steam dryer concerns, information is needed from the licensee to address technical issues raised during the engineering inspection recently performed at VYNPS.

Entergy has recently submitted some of this information. The remaining information is expected to be submitted in the near future.

The next major milestone in the VYNPS EPU review schedule is for the NRC staff to provide a draft Safety Evaluation (SE) to the Advisory Committee on Reactor Safeguards (ACRS). This milestone supports an ACRS subcommittee meeting that was scheduled for mid-November, and an ACRS full committee meeting in early December. Based on the current status of the review, the draft SE cannot be completed in time to support the planned ACRS meetings.

Therefore, the staff has notified the ACRS that the November and December meetings will need to be rescheduled.

Following receipt and review of the supplemental information, the staff will coordinate with the ACRS to reschedule the meetings. At that time, the staff will also further assess the overall review schedule and establish a new review completion date. At present, it is clear that the original forecast review completion date of January 31, 2005, will be delayed by at least several months. The NRC staff will not approve the VYNPS EPU, or any other changes to a reactor's license, unless we can conclude that the proposed change can be executed in a manner that ensures the public's health and safety.

Ifyou have any questions, please contact the VYNPS Project Manager, Mr. Richard Ennis, at (301) 415-1420.

Sincerely, Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-271 cc: See next page

Vermont Yankee Nuclear Power Station cc:

Regional Administrator, Region I Ms. Carla A. White, RRPT, CHP U. S. Nuclear Regulatory Commission Radiological Health 475 Allendale Road Vermont Department of Health King of Prussia, PA 19406-1415 P.O. Box 70, Drawer #43 108 Cherry Street Mr. David R. Lewis Burlington, VT 05402-0070 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Mr. James M. DeVincentis Washington, DC 20037-1128 Manager, Licensing Vermont Yankee Nuclear Power Station Ms. Christine S. Salembier, Commissioner P.O. Box 0500 Vermont Department of Public Service 185 Old Ferry Road 112 State Street Brattleboro, VT 05302-0500 Montpelier, VT 05620-2601 Resident Inspector Mr. Michael H. Dworkin, Chairman Vermont Yankee Nuclear Power Station Public Service Board U. S. Nuclear Regulatory Commission State of Vermont P.O. Box 176 112 State Street Vernon, VT 05354 Montpelier, VT 05620-2701 Director, Massachusetts Emergency Chairman, Board of Selectmen Management Agency Town of Vernon ATTN: James Muckerheide P.O. Box 116 400 Worcester Rd.

Vernon, VT 05354-0116 Framingham, MA 01702-5399 Operating Experience Coordinator Jonathan M. Block, Esq.

Vermont Yankee Nuclear Power Station Main Street 320 Governor Hunt Road P.O. Box 566 Vernon, VT 05354 Putney, VT 05346-0566 G. Dana Bisbee, Esq. Mr. John F. McCann Deputy Attorney General Director, Nuclear Safety Assurance 33 Capitol Street Entergy Nuclear Operations, Inc.

Concord, NH 03301-6937 440 Hamilton Avenue White Plains, NY 10601 Chief, Safety Unit Office of the Attorney General Mr. Gary J. Taylor One Ashburton Place, 19th Floor Chief Executive Officer Boston, MA 02108 Entergy Operations 1340 Echelon Parkway Ms. Deborah B. Katz Jackson, MS 39213 Box 83 Shelburne Falls, MA 01370

Vermont Yankee Nuclear Power Station cc:

Mr. John T. Herron Mr. Ronald Toole Sr. VP and Chief Operating Officer 1282 Valley of Lakes Entergy Nuclear Operations, Inc. Box R-10 440 Hamilton Avenue Hazelton, PA 18202 White Plains, NY 10601 Ms. Stacey M. Lousteau Mr. Danny L. Pace Treasury Department Vice President, Engineering Entergy Services, Inc.

Entergy Nuclear Operations, Inc. 639 Loyola Avenue 440 Hamilton Avenue New Orleans, LA 70113 White Plains, NY 10601 Mr. Raymond Shadis Mr. Brian O'Grady New England Coalition Vice President, Operations Support Post Office Box 98 Entergy Nuclear Operations, Inc. Edgecomb, ME 04556 440 Hamilton Avenue White Plains, NY 10601 Mr. James P. Matteau Executive Director Mr. Michael J. Colomb Windham Regional Commission Director of Oversight 139 Main Street, Suite 505 Entergy Nuclear Operations, Inc. Brattleboro, VT 05301 440 Hamilton Avenue White Plains, NY 10601 Mr. William K. Sherman Vermont Department of Public Service Mr. John M. Fulton 112 State Street Assistant General Counsel Drawer 20 Entergy Nuclear Operations, Inc. Montpelier, VT 05620-2601 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

ML042650265 OFFICE PDI-VY/PM PDI-21LA PDI-VY/SC OGC PDIIIID EMVEEB/BC PDI/D DLP.M/D l NAME I REnnis r > CRaynor AHowe BPoole WRuland Elmbro CHolden TMarsh DATE i178f

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