ML043010502

Vermont Department of Public Service Request for Leave to File a New Contention

ML043010502
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	10/18/2004
From:	Hofmann S State of VT, Dept of Public Service
To:	NRC/SECY/RAS
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8686
Download: ML043010502 (15)

Text

rs R~i5 6 ' DOCKETED USNRC October 18, 2004 (4:25PM)

UNITED STATES OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION ARIUDICATIONS STAFF In Re: Entergy Nuclear Vermont Yankee )

LLC and Entergy Nuclear ) Docket No. 50-271 Operations, Inc. )

(Extended Power Uprate at VY) ) ASLBP No. 04-832-02-OLA VERMONT DEPARTMENT OF PUBLIC SERVICE REQUEST FOR LEAVE TO FILE A NEW CONTENTION The Vermont Department of Public Service (DPS) files this request pursuant to 10 CFR

§2.309(f)(2) without waiving its argument, filed with its Petition to Intervene, that to the extent new issues are raised in the Report of the previously announced independent inspection at Vermont Yankee (VY), the requirements for late filed or amended contentions should not apply.

Sixth Contention The Application for Amendment, Including All Supplements Thereto, Fails To Comply With 10 CFR 50 Appendix R, Specific Requirements, Paragraph L(2)(b) Because It Does Not Verify The Assumption, Used For Purposes of the Safe Shutdown Capability Analysis (SSCA), that the Reactor Core Isolation Cooling (RCIC) System Can Be Made Operable In Sufficient Time To Permit The Operator To Perform the Required Actions Before Core Uncovery.

- Bases

1. 10 CFR 50, Appendix R, Specific Requirements Paragraph L(2)(b) requires that "The reactor coolant makeup function shall be capable of maintaining the reactor coolant level above the top of the core for BWRs".

2. If the extended power uprate is approved, the time from initiating event to core uncovery wvill be approximately 15% less than with the currently approved operating license T'ernJ9SECY e SEISECYCY- 0

(IJ Vermont Department of Public Service Request for Leave to File A New Contention

. . . NRC Docket 50-271 ASLBP No. 04-832-02-OLA Page 2 of 4 power level.

3. Applicant has now withdrawn the bases upon which it previously assumed that operator action could be taken in sufficient time to prevent core uncovery (other than the previously exempted "momentary' uncovery), has modified the procedure upon which the previous assumption was based and will not have verified the basis for the assumption using the new procedures to show compliance with Appendix R, nor will it have completed the training of its operators for the new procedures, until at least December 1, 2004.

Supporting Evidence

1. Attached, as Exhibit 38, is a letter dated September 30, 2004 and received by DPS on October 11, 2004 which provides the evidentiary support for these statements. The letter contains a statement of "additional information" which includes the following: "VY has revised the procedure governing operator actions and is in the process of verifying this assumption [that the RCIC can be made operable in approximately 15 minutes]. This verification as well as training of operations crews will be completed by December 1, 2004." Id. at p. 1.

2. Also attached, as Exhibit 39, is Sections 6.7, 6.71 and Table 6-5' of NEDC-33090, Revision 0, September 2003, Safety Analysis Reportfor Vermont Yankee Nuclear Poiver Station

- Contant PressurePower Uprate, which identifies the shortened time to core uncovery applicable to the VY EPU.

These Sections contain redacted portions which make complete understanding difficult.

1 _*X17:- 4.\\f> L

i-Vermont Department of Public Service Request for Leave to File A New Contention NRC Docket 50-271 ASLBP No. 04-832-02-OLA Page 3 of 4 DPS MEETS 10 CFR §2.309(0)(2)

1. DPS could not have filed this Contention which is based on the fact that Applicant was changing its procedures for hcw operators will prevent core uncovery in the event of an Appendix R fire any sooner than when it received a copy of the letter of September 30, 2004 in which Applicant announced that fact to the NRC 2 .

2. Since the Applicant admits it is now changing the procedures it will use to perform the necessary functions to prevent core uncovery, that it has yet to verify how much time it will take to implement these procedures and thus, that it no longer has an adequate basis to support its assumption about how much time will be required, this new evidence is materially different than what was previously submitted by the Applicant.

3. The information which forms the basis for the contention was first made publically available to DPS one week ago.

2 The September 30, 2004 letter is the first public identification of an issue identified in the NRC engineering inspection of August 2004. DPS participated -in the inspection but is prevented from speaking publically about its results until after the NRC inspection report is issued (see DPS Exhibit 35).

Vermont Department of Public Service Request for Leave to File A New Contention NRC Docket 50-271 ASLBP No. 04-832-02-OLA Page 4 of 4 Conclusion For all the reasons stated DPS respectfully submits that this new contention, based on newly available information, should be admitted.

Respectfully submitted, Sarah Homann Special Counsel Department of Public Service 1 12 State Street - Drawer 20 Montpelier, VT 05620-2601 Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 Dated at Montpelier,Vermont this 18 'hday of October, 2004

Entergy Nuclear Northeast Entergy Nuclear Operations, Inc.

Vermont Yankee 185 Old Ferry Rd.

EI; - Brattleboro, VT 05302

! -1,.: . .Tel 802-257-5271 tICT II S L;7 .&* u September 30, 2004 Docket No. 50-271 BVY 04-107 TAC MC0761 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Vermont Yankee Nuclear Power Station Technical Specification Proposed Change No. 263 - Supplement No. 17 Extended Power Uprate - Response to Request for Additional Information related to the 10 CFR 50 Appendix R Timeline.

Reference:

1) Vermont Yankee Nuclear Power Station, 'Technical Specification Proposed Change No. 263 - Extended Power Uprate," BVY 03-80, September 10, 2003 This letter provides additional information in support of the application by Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy) fora license amendment to increase the maximum authorized power level of the Vermont Yankee Nuclear Power Station (VYNPS) from 1593 megawatts thermal (MWt) to 1912 MWt.

Based on telecoms with NRC staff, additional information related to Vermont Yankee's (VY) capability to mitigate a 10 CFR50 Appendix R fire event as discussed in Attachment 4 to Reference 1) was requested.

The additional information is as follows.

VY's EPU submittal documented that the time to core uncovery as a result of EPU was changed from 25.3 minutes to 21.3 minutes and stated that there is sufficient time available for the operator to perform the required actions. This statement is based on the current Safe Shutdown Capability Analysis (SSCA) assumption that the Reactor Core Isolation Cooling (RCIC) system can be made operable in approximately 15 minutes. VY has revised the procedure governing operator actions and is in the process of verifying this assumption. This verification as well as training of operations crews will be completed by December 1, 2004.

This letter provides a commitment to verify the time assumed in the SSCA and complete operator training by December 1, 2004.

NRC Docket No. 50-271 ASLBP No. 04-832-02-OLA DPS Exhibit 38 3 Pages

BVY 04-107 Page 2 of 2 This supplement to the license amendment request provides additional information to update Entergy's application for a license amendment and does not change the scope or conclusions in the original application, nor does it change Entergy's determination of no significant hazards consideration.

If you have any questions or require additional information, please contact Mr. James M.

DeVincentis at (802) 258-4236.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on September 9D, 2004.

Sincerely, Robr J. a) 0z Directo r, N c~ar Safety Assurance Vermont Ya ee Nuclear Power Station cc: Mr. Richard B. Ennis, Project Manager Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Mail Stop 0 8 61' Washington, DC 20555 Mr. Samuel J. Collins Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 USNRC Resident Inspector Entergy Nuclear Vermont Yankee, LLC P.O. Box 157 Vernon, Vermont 05354 Mr. David O'Brien, Commissioner VT Department of Public Service 112 State Street - Drawer 20 Montpelier, Vermont 05620-2601

BVY 04-107 Licensee Identified Commitment Form This form identifies actions discussed in this letter for which Entergy Nuclear Operations, Inc.

(Entergy) commits to perform. Any other actions discussed in this submittal are described for the NRC's information and are not commitments.

TYPE (Check one)

CM -SCHEDULEDN COMMITMENT E COMPLETION

~< =C E DATE (If Required) 0 Verify the RCIC start time assumed in the SSCA and X December 1, 2004 complete training of operations crews on the revised procedure.

A.

• GE Nuclear Energy 175 Cwrtner Ave., San Jose, CA 95125 NEDO-33090 Revision 0 Class III 0000-0007-5271 September 2003 S .AS SAFETY ANALYSIS REPORT

;FOR VERMONT YANKEE NUCLEAR POWER STATION CONSTANT PRESSURE POWER UPRATE Prepared by: E. D. Schrull Approved by:

Michael "ick, Project Manager General Electric Company Approved by: I'I Crag J. Nichols, Project Manager Entergy Nuclear Operations, Inc.

NRC Docket No. 50-271 ASLBP No. 04-832-02-OLA DPS Exhibit 39 4 Pages

NEDO-33090 6.6 PONVER DEPENDENT HVAC The HVAC systems consist mainly of heating, cooling supply, exhaust, and recirculation units in the turbine building, reactor building, and the drywell. CPPU results in slightly higher process temperatures and small increases in the heat load due to higher electrical currents in some motors and cables. The topic addressed in this evaluation is:

Topic . CPPU Disposition VYNPS Result Power dependent HVAC performance [I ))

The affected areas are the dry vell; the steam tunnel in the reactor building; and the FW heater bay, condenser, and the motor driven condensate and RFP rooms in the turbine building. Other areas in the reactor building and the turbine building are unaffected by the CPPU because the process temperatures remain relatively constant.

The increased heat loads during normal plant operation result in < 10 F increase in the drywell and the main steam tunnel. In the turbine building, the maximum temperature increase in the low pressure and high pressure FW heater areas and the condensate pump room is < 50 F, and the maximum temperature increase in the FW pump room is < 80 F.

The 105OF design ambient room temperature for the condensate and RFP rooms is exceeded in the summer under CPPU conditions. No adverse effect is expected for short periods of time with elevated room temperatures. Affected equipment will be evaluated and dispositioned, as necessary, to assure continued reliable operation at CPPU conditions.

Based on a review of design basis calculations, current area/room temperatures, and CPPU calculations, the design of the HVAC systems are adequate to support CPPU.

6.7 FIRE PROTECTION This section addresses the effect of CPPU on the fire protection program, fire suppression and detection systems, and reactor and containment system responses to postulated 10 CFR 50, Appendix R fire events. The topics addressed in this evaluation are:

Topic CPPU Disposition VYNPS Result Fire suppression and detection systems ((

Operator response time Peak cladding temperature Vessel water level Suppression pool temperature ))

)) Any changes in physical plant configuration or combustible loading as a result of 6-11

NEDO-33090 modifications to implement the CPPU, will be evaluated in accordance with the .plant modification and fire protection programs. The safe shutdown systems and equipment used to achieve- and maintain cold shutdown conditions do not change, and are adequate for the CPPU conditions. The operator actions required to mitigate the consequences of a fire are not affected.

Therefore, the fire protection systems and analyses are not affected by CPPU.

The reactor and containment .response to the postulated 10 CFR 50 Appendix R fire event at CPPU conditions is evaluated in Section 6.7.1. The results show that the peak fuel cladding temperature and containment pressures and temperatures are below the acceptance limits and demonstrate that there is sufficient time available for the operators to perform the necessary actions to achieve and maintain cold shutdown conditions. Therefore, the fire protection systems and analyses are not adversely affected by CPPU.

6.7.1 10 CFR 50 Appendix R Fire Event A (( )) evaluation was performed to demonstrate safe shutdown capability in compliance with the requirements of 10 CFR 50 Appendix R assuming CPPU conditions.

The results of the Appendix R evaluation for CPPU provided in Table 6-5 demonstrate that the fuel cladding integrity and containment integrity are maintained and that sufficient time is available for the operator to perform the necessary actions. The current exemption for the momentary core uncovery during depressurization remains necessary for CPPU. CPPU does not affect any other exemptions described in the VYNPS safe shutdown capability analysis. No changes are necessary to the equipment required for safe shutdown for the Appendix R event.

One train of systems remains available to achieve and maintain safe shutdown conditions from either the Main Control Room or the remote shutdown panel. Therefore, CPPU has no adverse effect on the ability of the systems and personnel to mitigate the effects of an Appendix R fire event, and satisfies the requirements of Appendix R with respect to achieving and maintaining safe shutdown in the event of a fire.

6.8 OTHER SYSTEMS AFFECTED BY POWER UPRATE This section addresses the effect of CPPU on systems not addressed in other sections of this report. The topic addressed in this evaluation is:

Topic CPPU Disposition VYNPS Result Other systems ((]

Based on experience and previous NRC reviews, all systems that are significantly affected by CPPU are addressed in this report. Other systems not addressed by this report are not significantly affected by CPPU.

(( . *)):

6-12

~I

-1.

NEDO-33090 ,1I Table 6-5 VYNPS Appendix R Fire Event Evaluation Results CLTP CPPU Appendix R Criteria Time to Core Uncovery (minutes) 25.3 21.3 < 21.3 Cladding Heatup (PCT) ('F) 1292.9 1475.4 < 1500 Peak Drywell Pressure (psig) 23.6 23.6

• 25 2.

Suppression Pool Bulk 180.9 189.5 <281 3 Temperature ('F) < 195 4' Net Positive Suction Head 5- Yes Yes 6. Adequate for system using suppression pool water source Ni tes: I

1. Time required to initiate RCIC.

2. Drywell design pressure is 56 psig. The Appendix R Criterion is based on the RCIC operational limit.

3. Containment structure design limit.

4. Torus attached piping limit.

5. NPSH demonstrated adequate, see Section 4.2.

6. Overpressure credit required, see Section 4.2.6.

6-19

I UNITED STATES NUCLEAR REGULATORY COMMISSION In Re: Entergy Nuclear Vermont Yankee )

LLC and Entergy Nuclear ) Docket No. 50-271 Operations, Inc. )

(Extended Power Uprate at VY) ) ASLBP No. 04-832-02-OLA AFFIDAVIT OF WILLIAM K. SHERMAN

1. My name is William K. Sherman. I am employed by the Vermont Public Service Department ("Department") in the position of State Nuclear Engineer. I have held this position since November, 1988. My duties include ongoing State regulatory oversight of the Vermont Yankee Nuclear Power Station ("Vermont Yankee"), as well as advising the Department and other State agencies on issues related to Vermont Yankee and nuclear power. I previously submitted my resume with the Department's Notice of Intention to Participate and Petition to Intervene filed on August 30, 2004.

2. I assisted in the preparation of the Department's Request for Leave to File a New Contention.

3. All of the factual information contained in the Department's Leave to File a New Contention is true and correct to the best of my knowledge.

William K. Sherman State Nuclear Engineer Subscribed and sworn to before me this 18th day of October, 2004.

Susan Pittsley Notary Public My commission expires February 10, 2007..

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

Docket No. 50-271 ENTERGY NUCLEAR VERMONT YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 04-832-02-OLA OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Vermont Department of Public Service Request for Leave to File a New Contention in the captioned proceeding has been served on the following by deposit in the United States mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 18th day of October, 2004.

Alex S. Karlin, Chair* Dr. Anthony J. Baratta*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2(nrc.gov E-mail: ajbSnrc.gov Lester S. Rubenstein* Office of the Secretary*

Administrative Judge ATTN: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: 0-16C1 Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: HEARINGDOCKETtnrc.gov E-mail: lesm-rrmsn.com Office of Commission Appellate John M. Fulton, Esq.*

Adjudication .Assistant General Counsel Mail Stop: 0-16C1 Entergy Nuclear Operations, Inc.

U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, DC 20555-0001 White Plains, NY 10601 jfultolentergy.com.

Jay E. Silberg, Esq.* Raymond Shadis*

Matias Travieso-Diaz, Esq.* Staff Technical Advisor Shaw Pittman, LLP New England Coalition 2300 N St., NW P.O. Box 98 Washington, DC 20037-1128 Edgecomb, ME 04556 E-mail: jay.silberggshawpittman.com E-mail: shadis~prexar.com matias.travieso-diazgshawpittman.com Anthony Z. Roisman, Esq.* Brooke Poole, Esq.*

National Legal Scholars Law Firm Robert Weisman, Esq.*

84 East Thetford Rd. l Marisa Higgins, Esq.

• Lyme, NH 03768 Office of the General Counsel E-mail: aroisman~valley.net Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdpnnrc.gov. rmw(Ennrc.gov. mch5@nrc.gov Respectfully submitted, Sarah Hofmann Special Counsel

112 STATE STREET FAX: (802) 828-2342 DRAWER 20 TlY (VT): 1-800-734-8390 MONTPELIER VT 05620-2601 ee-mail: vtdps@psd.state.vt.us TEL: (802) 828-2811 Internet: http://www.state.vt.us/psd STATE OF VERMONT DEPARTMENT OF PUBLIC SERVICE October 18, 2004 Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemaking and Adjudications Staff Re: Docket No. 50-271 -

ASLBP No. 04-832-02-OLA Extended Power Uprate at Vermont Yankee Nuclear Power Station

Dear Sir/Madam:

Please find enclosed for filing an original and two copies of the Vermont Department of Public Service Request for Leave to File a New Contention with Exhibits, the Affidavit of William K. Sherman, and Certificate of Service.

If you have any questions about this filing, please call me at 802-828-3088. Thank you for your assistance in making this filing.

Very truly yours, Sarah Hofma Special Counsel cc: As per Certificate of Service