ML043430155

Vermont Department of Public Service'S Errata to Its Reply to Answer of Applicant to the Department'S Request for Leave to File a New Contention

ML043430155
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	12/01/2004
From:	Hoffman S State of VT, Dept of Public Service
To:	Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8940
Download: ML043430155 (4)

Text

?AS gq' o DOCKETED USNRC UNITED STATES OF AMERICA December 1,2004 (3:48pm)

NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE LLC AND ENTERGY NUCLEAR )

OPERATIONS, INC. ) ASLBP No. 04-832-02-OLA (Vermont Yankee Nuclear Power Station) )

VERMONT DEPARTMENT OF PUBLIC SERVICE'S ERRATA TO ITS REPLY TO ANSWER OF APPLICANT TO THE DEPARTMENT'S REOUEST FOR LEAVE TO FILE A NEW CONTENTION The Vermont Department of Public Service ("DPS") hereby submits errata to the "Vermont Department of Public Service Reply to Answer of Applicant to the Department's Request for Leave to File a New Contention" ("DPS Reply') submitted for filing on November 17, 2004.

On page 7of the DPS Reply, the Department included the following four sentences:

Furthermore, at hearing DPS will contest the method Entergy uses to make it's determination. For example, Entergy does not use the 2-sigma value for decay heat uncertainty which it has stated it uses in other analyses. Nor does Entergy use the design basis value of 85 degrees F for initial service water temperature, but rather a less conservative value of 80 degrees F. At hearing DPS will show Entergy has even less time to perform the required actions than claimed.

This material should be withdrawn from the DPS Reply. It was included when originally filed because it was based upon previously reviewed material that was later changed by Entergy.)

'On November 22, 2004, the State Nuclear Engineer, William Sherman, asked to review certain calculations, including calculations pertaining to assumptions used for the Appendix R fire analysis.

During the review, the Applicant stated it was no longer using the assumptions contained in the DPS Reply. Mr. Sherman stated that if the Applicant provided the applicable calculations, DPS would withdraw statements from its Reply. Applicant agreed to send the calculations to Mr. Sherman. It was

... a~, .. 6 .- .- SE 0... ..........

The ivithdrawal of these four sentences does not effect the substance of the DPS 6" contention since th6 basis far that contention is that calculations and tests which should be done to verify response time liaie@'VOnbeen done. These sentences were intended, as it is clear from the DPS Reply, to illustrate that whether or not the verification itself raises admissible contentions is to be decided only after the verification has been completed. The now removed detail was offered as an illustration of the kind of issue which might be raised after verification, not in support of the undeniable proposition that verification has not occurred, which is the point of the DPS 6h Contention.

The DPS is withdrawing the four sentences from page 7 of the DPS Reply. Contrary to Applicants Response to the DPS Reply, there are no new arguments before the ASLB presented by the Reply with or without these four sentences. The issue before the ASLB is that a verification necessary to meet all regulatory requirements has not been completed. The issue is not at this time whether the verification was."good" or "bad" but that it simply has not occurred at all.

Respectfully submitted, Sarah iI-c~fiuann6y/

Special Counsel Vermont Department of Public Service Dated this lt day of December, 2004 in Montpelier, Vermont.

not anticipated that the disclosure would be made in the form of a formal filing with the ASLB. DPS is nonetheless pleased.that this process has clarified that the heretofore unconservative assumptions, which were used as part of Applicant's analysis basis, are no longer being used, and the four sentences can be withdrawn.

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 Errata to Its Reply to Answer of Applicant to the Department's 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 1st day of December, 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: ajb5@nrc.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: HEARINGDOCKETgnrc.gov.

E-mail: lesrrrmmsn.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 jfultol1entergy.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.silberg~shawpittman.com E-mail: shadiseprexar.com matias.travieso-diaz'shawvpittman.com Anthony Z. Roisman, Esq.* Brooke Poole, Esq.*

National Legal Scholars Law Firm Robert Weisman, Esq.*

84 East Thetford Rd. Marisa Higgins, Esq.

• Lyme, NH 03768 Office of the General Counsel E-mail: aroismanovalley.net Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdp(&nrc.gov. rmwvnrc.gov. mch5@nrc.gov Jonathan M. Block, Esq.*

94 Main Street P.O. Box 566 Putney, VT 05346-0566 Respectfully submitted,

/

Sarah Hofmann Special Counsel