ML052620095
| ML052620095 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 09/15/2005 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Turk S | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 10470 | |
| Download: ML052620095 (5) | |
Text
September 15, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-OLA LLC and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 04-832-02-OLA
)
(Vermont Yankee Nuclear Power Station) )
NRC STAFFS SEVENTH STATUS REPORT ON REVIEW SCHEDULE In accordance with the Atomic Safety and Licensing Boards Initial Scheduling Order, dated February 1, 2005, the staff of the U. S. Nuclear Regulatory Commission (Staff) hereby provides its seventh monthly status report concerning its ongoing safety and environmental reviews concerning the application of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, Entergy or Applicant) for an amendment to the Vermont Yankee Nuclear Power Station operating license, to permit extended power uprate (EPU) operations.1 In the Staffs sixth status report, filed August 15, 2005, the Staff indicated that it had established a tentative review schedule pursuant to which, inter alia, the Staffs draft Safety Evaluation report (SER) would be submitted to the Advisory Committee on Reactor Safeguards (ACRS) on or before October 21, 2005, and a final SER would be issued by February 24, 2006.2 The Staff indicated, however, that it had recently received Supplements 30 and 31 of the Applicants EPU application (dated August 1 and 4, 2005), which provided 1
In accordance with the Licensing Boards Initial Scheduling Order, monthly status reports were previously filed by the Staff on March 15, April 15, May 16, June 15, July 15, and August 15, 2005.
2 NRC Staffs Sixth Status Report on Review Schedule (Sixth Report), dated August 15, 2005.
responses to the Staffs most recent Request for Additional Information (RAI) (dated July 27, 2005), and that the Staffs tentative review schedule could be delayed if the responses do not fully address the issues raised in the RAI. Sixth Report, at 2. Further, the Staff indicated that it expects to have greater confidence in its schedular milestones (and any changes thereto) by mid-September 2005. Id.
Since filing its sixth status report, the Staff has continued its review of Entergys EPU license amendment application. In reviewing Supplements 30 and 31 of the application, the Staff determined that the issues raised in the RAI dated July 27, 2005, were not fully addressed by the Applicant and that further information would be required for the Staff to complete its review. In order to expedite receipt of this information, the Staff conducted three audits of General Electric Co. (GE) in August and September 2005; issued a further RAI to the Applicant on September 7, 2005; and held a meeting with the Applicant and GE on September 14-15, 2005. In addition, on September 10 and 14, 2005, the Applicant filed Supplements 32 and 33 to the application, in which it provided additional information to address some of the issues raised by the Staff. This additional information is under review by the Staff at this time.
Based on the amount of time necessary to review the Applicants recent responses, and the fact that further information will be required to be submitted, it appears questionable, if not unlikely, that the Staff can meet the next tentatively scheduled milestone (i.e., provide a draft SER to the ACRS by October 21, 2005). Further, it is difficult to provide a reliable prediction at this time as to how the overall schedule may be impacted, given the current status of the Applicants submissions and the Staffs review thereof.
Accordingly, rather than attempt to revise its tentative review schedule at this time, the Staff intends to re-evaluate its previously published tentative schedule during the next several
weeks, as its review of the EPU application progresses. The Staff understands the Licensing Boards and parties interest in obtaining a reliable review schedule. The Staff will provide further information concerning its review schedule in its next monthly status report (or sooner, if possible), once it has received further information from the Applicant sufficient to enable the Staff to provide a more reliable estimate of its review completion date.
Respectfully submitted,
/RA/
Sherwin E. Turk Counsel for NRC staff Dated at Rockville, Maryland this 15th day of September 2005
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE ) Docket No. 50-271-OLA LLC and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 04-832-02-OLA
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS SEVENTH STATUS REPORT ON REVIEW SCHEDULE, in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system; and by e-mail as indicated by a double asterisk
(**), this 15th day of September, 2005.
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: O-16C1 4760 East Country Villa Drive U.S. Nuclear Regulatory Commission Tucson, AZ 85718 Washington, DC 20555-0001 E-mail: lesrrr@comcast.net E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate John M. Fulton, Esq.
Adjudication* Assistant General Counsel Mail Stop: O-16C1 Entergy Nuclear Operations, Inc.
U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, DC 20555-0001 White Plains, NY 10601
Jay E. Silberg, Esq.** Sarah Hofmann, Esq.**
Matias Travieso-Diaz, Esq.** Special Counsel Douglas Rosinski, Esq.** Department of Public Service Pillsbury Winthrop Shaw Pittman, LLP 112 State Street - Drawer 20 2300 N St., NW Montpelier, VT 05620-2601 Washington, DC 20037-1128 E-mail: sarah.hofmann@state.vt.us E-mail: jay.silberg@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com douglas.rosinski@pillsburylaw.com Anthony Z. Roisman, Esq.** Raymond Shadis**
National Legal Scholars Law Firm Staff Technical Advisor 84 East Thetford Rd. New England Coalition Lyme, NH 03768 P.O. Box 98 E-mail: aroisman@nationallegalscholars.com Edgecomb, ME 04556 E-mail: shadis@prexar.com, shadis@ime.net Jonathan M. Block, Esq.** Jonathan M. Rund, Esq.**
94 Main Street Law Clerk P.O. Box 566 Atomic Safety and Licensing Board Panel Putney, VT 05346-0566 Mail Stop: T-3F23 E-mail: jonb@sover.net U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: jmr3@nrc.gov)
/RA/
Sherwin E. Turk Counsel for NRC Staff