ML052170199
| ML052170199 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 08/16/2005 |
| From: | Borchardt R Office of Nuclear Reactor Regulation |
| To: | Blanch P, Gundersen A - No Known Affiliation |
| Ennis R, NRR/DLPM, 415-1420 | |
| References | |
| 2.206, G20050008, TAC MC5541 | |
| Download: ML052170199 (7) | |
Text
August 16, 2005 Mr. Paul Blanch 135 Hyde Road West Hartford, CT 06117 Mr. Arnold Gundersen 376 Appletree Point Road Burlington, VT 05401
Dear Messrs. Blanch and Gundersen:
This letter responds to the petition you filed with Mr. Luis Reyes, Executive Director for Operations at the Nuclear Regulatory Commission (NRC) pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206) on July 29, 2004, as supplemented on December 8, 2004. In your petition you requested that the NRC issue a Demand for Information requiring Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Entergy or the licensee) to provide information that clearly and unambiguously describes how Vermont Yankee Nuclear Power Station (Vermont Yankee) complies with the General Design Criteria (GDC) specified in 10 CFR Part 50 Appendix A, or the draft GDC published by the Atomic Energy Commission in 1967. Your petition stated that this information is essential for two NRC regulatory activities at Vermont Yankee: (1) the NRCs review of Entergys application for an extended power uprate (EPU), and (2) the NRCs engineering assessment.
In a letter to you dated August 20, 2004, the NRC stated that the staff would not treat this request under the 10 CFR 2.206 process because the issues could be addressed through the ongoing licensing proceeding related to the application for an EPU. The period during which a hearing could be requested closed on August 30, 2004. The staff noted that, in accordance with 10 CFR 2.1205(1)(2), if a petition to intervene and request a hearing in a licensing proceeding does not satisfy the legal requirements for a hearing or intervention, the Atomic Safety and Licensing Board Panel (ASLBP) or the Presiding Officer may refer the request to the 10 CFR 2.206 process, in which case, the NRC may accept it for review under 10 CFR 2.206.
In response to your request for immediate action due to the imminent performance of the Engineering Team Inspection in August 2004, the letter stated that other methods are available to the inspectors to obtain design basis information, rendering a Demand for Information unnecessary for the purposes of the inspection.
By teleconference on August 26, 2004, you discussed the petition with the NRCs Petition Review Board. This teleconference was transcribed and the transcript was treated as a supplement to the petition.
On August 30, 2004, the New England Coalition filed a request for a hearing related to the proposed Vermont Yankee EPU. Among the contentions submitted was a contention that the licensee had failed to maintain adequate documentation to determine design basis conformance. This contention, for which Mr. Blanch provided a supporting statement, was similar to the concern raised in your 10 CFR 2.206 petition. By order dated November 22,
P. Blanch and A. Gundersen 2004, the ASLBP declined to admit this contention for hearing. The NRC staff subsequently decided to accept the petition for review pursuant to 10 CFR 2.206, as discussed in the NRCs letter to you dated January 17, 2005.
In your letter to Chairman Diaz dated December 8, 2004, you raised concerns about Vermont Yankees conformance with its design basis and compliance with applicable NRC regulations.
In an e-mail dated December 9, 2004, from Mr. Blanch to Mr. Richard Ennis, the NRCs Project Manager for Vermont Yankee, Mr. Blanch requested that the December 8, 2004, letter be treated as a supplement to the petition. My letter to you dated December 29, 2004, stated that the NRC would respond to the issues in your letter related to the design basis at Vermont Yankee in conjunction with the response to your petition.
By letter dated May 13, 2005, the NRC staff requested Entergy to provide information related to the petition. Entergy responded by letter dated June 14, 2005, and the information provided was considered by the staff in its evaluation of the petition.
The NRC staff sent a copy of the proposed Directors Decision to you and to the licensee for comment by letters dated May 17, 2005. The staff did not receive any comments on the proposed Directors Decision.
The final Directors Decision addresses several issues related to the Vermont Yankee design and licensing basis including: (1) whether the licensees designation of Appendix F of the Updated Final Safety Analysis Report (UFSAR) as historical information meets the intent of 10 CFR 50.71(e) regarding maintenance of design basis information and (2) whether a compilation of Vermont Yankees current design conformance to the draft GDCs is necessary for licensing reviews and inspections.
With respect to the first issue, the NRC staff concluded that the designation of UFSAR Appendix F as historical information is consistent with the applicable industry guidance, and would meet the intent of 10 CFR 50.71(e) regarding maintenance of design basis information, if the relevant information, consistent with the definition of design bases in 10 CFR 50.2, is contained in other portions of the UFSAR that are updated to reflect current plant design.
Following the licensees next update of the UFSAR to add the cross references discussed in Section II.A of the Directors Decision, the NRC staff will evaluate if any enforcement action is warranted.
With respect to the second issue, the NRC staff concluded that the NRC licensing review process provides reasonable assurance that the plant continues to meet the intent of the draft GDC and adequate protection of public health and safety is assured. The NRC also concluded that it did not need a compilation of Vermont Yankees current conformance to the draft GDC to review the application for an EPU or to conduct the Engineering Team Inspection (inspection was completed in September 2004). Consequently, the NRC denies the request to issue a Demand for Information to the licensee.
P. Blanch and A. Gundersen A copy of the Directors Decision (DD-05-02) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available at the Commissions Public Document Room, at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
I have also enclosed a copy of the notice of Issuance of Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Please feel free to contact Mr. Richard Ennis, Petition Manager, at 301-415-1420 to discuss any questions related to this petition.
Sincerely,
/RA/
R. William Borchardt, Acting Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. Directors Decision 05-02
- 2. Federal Register Notice cc w/encls: See next page
P. Blanch and A. Gundersen A copy of the Directors Decision (DD-05-02) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available at the Commissions Public Document Room, at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
I have also enclosed a copy of the notice of Issuance of Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Please feel free to contact Mr. Richard Ennis, Petition Manager, at 301-415-1420 to discuss any questions related to this petition.
Sincerely,
/RA/
R. William Borchardt, Acting Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. Directors Decision 05-02
- 2. Federal Register Notice cc w/encl: See next page DISTRIBUTION: See next page Package: ML052170205 Incoming: ML050100055 Response: ML052170199 Final Directors Decision: ML052170206 Federal Register Notice: ML052170217 OFFICE PDI-2/PM PDI-2/LA Tech Editor PDI-2/SC PDI/PD NAME REnnis CRaynor HChang DRoberts DRoberts for CHolden DATE 8/16/05 8/10/5 8/9/05 8/12/05 8/12/05 OFFICE DLPM/D NRR/D NAME TMarsh WBorchardt for JDyer DATE 8/15/05 8/16/05 OFFICIAL RECORD COPY
DISTRIBUTION FOR LETTER TO PAUL BLANCH AND ARNOLD GUNDERSEN RE: FINAL DIRECTORS DECISION CONCERNING 10 CFR 2.206 PETITION DATED JULY 29, 2004:
Dated: August 16, 2005 DISTRIBUTION: G20050008 PUBLIC RidsEdoMailCenter EDO Reading (EDO# G20050008) (paper copy)
PDI-2 Reading RidsNrrOd RidsNrrAdpt RidsOpaMail RidsOcaMailCenter RidsOcaaMailCenter RidsAcrsAcnwMailCenter RidsNrrWpcMail NRR Mail Room (EDO# G20050008) (paper copy)
RidsNrrDlpmLpdi RidsNrrDlpmLpdi2 RidsNrrPMDSkay RidsNrrLACRaynor RidsNrrPMREnnis LCox JGoldberg, OGC G. Longo, OGC RidsAslbpDocket RidsRgn1MailCenter VYanez EJulian, SECY NRCWEB (Director Decision only)
LReyes MVirgilio WKane WDean SBurns, OGC KCyr, OGC BPoole, OGC AFernandez, OGC VBucci, OIG SCollins, RI CAnderson, RI
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 Pillsbury, Winthrop, Shaw, Pittman, LLP 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 OGrady 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