ML052370289

Vermont Yankee - Letter to Anthony Roisman Regarding Documents in the NRC Staff'S Deliberative Process Privilege Log Dated July 27, 2005

ML052370289
Person / Time
Site:	Vermont Yankee
Issue date:	08/24/2005
From:	Fernandez A NRC/OGC
To:	Roisman A National Legal Scholars Law Firm, PC
SECY RAS
References
05-271-OLA
Download: ML052370289 (9)

Text

-Vto UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 24, 2005 Anthony Z. Roisman, Esq.

National Legal Scholars Law Firm, P.C.

84 East Thetford Road Lyme, NH 03768 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 Mr. Roisman:

This responds to your letter dated August 9, 2005, in which you requested eight documents that were identified in the NRC Staff's Deliberative Process Privilege Log dated July 27, 2005. In response to your letter, the Staff is producing some of the requested information. Each document is discussed in turn below.

(1) ML051870418 - The Staff is producing 3 of 8 pages. The remaining 5 pages consist of draft requests for additional information ("RAls"), regarding the computational fluid dynamics modeling of the Vermont Yankee steam dryer. The Staff declines to produce these draft RAls, as they constitute predecisional, deliberative information that reflects a consultative process. To the extent that the draft RAIs contain factual material, it is "inextricably intertwined" with the opinion portion. Further, it is the Staff's view that the Vermont Department of Public Service ("DPS") has no need for the draft RAls, which do not pertain to DPS's admitted contentions regarding the use of containment overpressure.

(2) ML051890208 - The Staff declines to produce this document. This internal communication pertains to the scheduling, utilization and organization of NRC staff resources relative to the Staff's overall evaluation of the Applicant's request. As such, it is protected by the deliberative process privilege. Further, DPS has no need for the memorandum, which does not pertain to DPS's admitted contentions.

(3) ML051940095 & ML051990237 - The Staff declines to produce these documents.

These internal communications pertain to the utilization and organization of NRC staff resources relative to the Staff's evaluation of the Applicant's station black-out coping analysis. As such, it is protected by the deliberative process privilege. Further, DPS has no need for the memorandum, which does not pertain to DPS's admitted contentions.

(4) ML051940101 - The Staff is producing this document.

Anthony Z. Roisman, Esq. August 24, 2005 (5) ML052060154 - The Staff is producing 2 of 5 pages. The remaining pages consist of draft RAls, regarding the computational fluid dynamics modeling of the Vermont Yankee steam dryer. The Staff declines to produce these draft RAls, as they constitute predecisional, deliberative information that reflects a consultative process. To the extent that the draft RAls contain factual material, it is "inextricably intertwined" with the opinion portion. Further, DPS has no need for the draft RAls, which do not pertain to DPS's admitted contentions regarding the use of containment overpressure.

(6) ML052060158 - The Staff declines to produce this document. This internal communication pertains to the scheduling, utilization and organization of NRC staff resources relative to the Staff's evaluation of steam dryer modeling. As such, it is protected by the deliberative process privilege. Further, DPS has no need for the memorandum, which does not pertain to DPS's admitted contentions.

(7) ML052060072 - The Staff declines to produce this document. This internal communication pertains to the NRC staff's treatment of the Applicant's supplement to their application concerning the station black-out coping analysis. As such, it is protected by the deliberative process privilege. Further, DPS has no need for the memorandum, which does not pertain to DPS's admitted contentions.

At this time, the documents identified above are being produced to you in hard copy as enclosures to this letter. The hearing file will be updated in accordance with NRC rules and the Licensing Board's April 5, 2005 Order. If you have any questions regarding these disclosures, please call me at (301) 415-1797.

Sincerely, oniFerdez unsel for NRC Staff

Enclosures:

As stated cc w/encls: Sarah Hofmann, Esq.

cc w/o ends: Jay E. Silberg, Esq.

I Rick Ennis - Fwd: Re: Task 1, T/O 9, J-2898 - RAls onCFD Report - resend with attachment ihat~mn~_ Fii--6e-ae-i 9

,TO9 R= Eni Rick~~~~~~~~~~~~~ nCDRpr-rsn

- Fw:R:Ts From: Cheng-lh Wu To: Rxe Date: 7/18105 2:04PM

Subject:

Fwd: Re: Task 1, TIO 9, J-2898 - RAls on CFD Report- resend with attachment ML052060154

I c:\tempNGVV}0000IX.TMP Paneliii4 Paae I c:temp\GW1OOO0I.TMP -

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Fwd: Re: Task 1, T/O 9, 3-2898 - RAIs on CFD Report - resend with attachment Crcation Date: 7/18/05 2:04PM From: Cheng-lh Wu Created By: CIWIa (nrc.gov Recipients nrc.gov oNf4_po.OWFNDO RXE (Rxe)

Post Office Route owf4_po.O\VFNDO nrc.gov Files Size Date & Time Mail Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification:

Send Notification when Opened Concealed

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No Security: Standard

i Rick Ennis - VY EPU: DRAFT5 RAI (unrelated to the RPV steam dryer) l Page Paged1 I Rick Ennis - VY EPU: DRAFT RAI (unrelated to the RPV steam dryer)

From: S. Patrick Sekerak To: Ennis, Rick Date: 7/12/05 11:16AM

Subject:

VY EPU: DRAFT RAI (unrelated to the RPV steam dryer)

Rick, Attached are three technical questions requiring additional discussions with Entergy for clarification. These questions have been reviewed with EMEB-B management.

Pat Sekerak x2623 09E17 CC: Karas, Rebecca; Manoly, Kamal; Scarbrough, Thomas; Wu, Cheng-lh ML051940101

I c::\temD1GW)n00001.TMP Paae I1 I c:tm\WOOITPPo

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VY EPU: DRAFT RAI (unrelated to the RPV steam dryer)

Creation Date: 7/12/05 11:16AM From: S. Patrick Sekerak-Created By: PXS I nrc.gov Recipients ow12.po.OWFNDO CIWI CC (Cheng-Ih Wu)

TGS CC (Thomas Scarbrough) nrc.gov owf2_po.OWFNDO KAM CC (Kamal Manoly) nrc.gov owf4_po.OVFNDO RLK CC (Rebecca Karas)

RXE (Rick Ennis)

Post Office Route owf2_po.OWFN_DO ow jpo.OWFNDO nrc.gov oNf4_po.OWFNDO nrc.gov Files Size Date & Time MESSAGE 722 07/12105 11:16AM Questions for Telecon ivith Entergy_7-12-05.wpd 4541 07/12/05 10:48AM Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

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Vermont Yankee Nuclear Power Station License No. DPR-28 Docket No. 50-271 Proposed Extended Power Uprate The NRR/DE/EMEB staff requests a conference call with Entergy to discuss clarification of the technical Issues described below.

Reference 1: GE Nuclear Energy Report, NEDEC-33090-P, Rev. 0, OSafety Analysis Report for Vermont Yankee Nuclear Power Station Constant Pressure Power Uprate,"

dated September 2003.

1. Ref. 1, Pg. 3-4, first bullet item: ASME Section Xl, IWB-3641 is cited as the code requirements governing the stress analysis of the modification of the Core Spray nozzle and safe end. Please discuss applicability of IWB-3641, which provides procedures for piping flaw evaluation, In lieu of the original Code of construction for analysis of modifications made to this component.

2. Ref. 1, Pg. 3-20, last paragraph: Regarding the statement, "For those systems that do not require a detailed analysis, pipe routing and flexibility was evaluated and determined to be acceptable,"

(a) Discuss the method used for evaluating flexibility of piping, (b) What acceptance criteria are applicable to the flexibility evaluation, (c) Which piping systems were evaluated with this approach.

3. Ref. 1, Pg. 3-35, Table 3-3: The primary plus secondary stress level reported for the feedwater nozzle and safe end under CPPU conditions is extremely close to the allowable ASME Code limit. Please discuss the general analytical approach used to calculate this stress. Also, explain the primary reasons for the 21% increase in stress over the CLTP stress reported, and why the feedwater nozzle CPPU stress and usage factor Increases are so much larger than the increases for the other components listed in Table 3-3.

ck Ennis - Third EMEB RAt on VYNPS Dryer Integrity Issue Page 1.

From: Cheng-lh Wu To: Rick Ennis Date: 711105 11:53AM

Subject:

Third EMEB RAI on VYNPS Dryer Integrity Issue Rick, The attached isour third set of RAls which Includes Input from RES, and ANL and its Penn State subcontractor pertaining to the VYNPS CFD analysis InSupplement 29. The attached RAI also Includes Tom Scarbrough's and my comments. Let me know If you shall have a question.

John CC: Kamal Manoly; Thomas Scarbrough

.TMP

.tempXGW.)0..01 Page 1 Mlail EnvelopeProperties (42C566F1.27E:6:19136)

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Third EMEB RAI on VYNPS Dryer Integrity Issue Creation Date: 7/11/05 11:53AM From: Cheng-Ih Wu Created By: ClW1inrc.gov Recipients owf2_po.OQWFNDO KAM CC (Kamal Manoly)

TGS CC (Thomas Scarbrough) owf4_po.OWFNDO RXE (Rick Ennis)

Post Office Route owf2_po.OWFNDO owf4_po.WFNDO Files Size Date & Time MESSAGE 825 07/01/05 11:53AM 050701 3RD set of Vermont Yankee Steam Dryer RAI Set #3.wpd 28851 07/01/05 11:52AM Options Expiration Date: None Priority: Standard Repl) Requested: No Return Notification:

Send Notification when Opened Concealed

Subject:

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