ML053500005
| ML053500005 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/23/2005 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Shadis R New England Coalition |
| Bailey S N,NRR/DLPM,415-1321 | |
| Shared Package | |
| ML053500015 | List: |
| References | |
| %dam200601, 2.206 Petition, DD-05-07, G20050360, TAC MC6958 | |
| Download: ML053500005 (6) | |
Text
December 23, 2005 Mr. Raymond Shadis Staff Technical Advisor New England Coalition Post Office Box 98 Edgecomb, ME 04556
Dear Mr. Shadis:
This letter responds to the petition you filed with the Executive Director for Operations of the Nuclear Regulatory Commission (NRC or Commission) pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) on May 3, 2005, on behalf of the New England Coalition (NEC). The petition was supplemented on May 17, 2005.
The petition concerns the use of the Hemyc electrical raceway fire barrier system (ERFBS) at Vermont Yankee Nuclear Power Station (Vermont Yankee). In the petition, as supplemented, the petitioners requested that the NRC take the following actions:
- 1) Require Entergy Nuclear Vermont Yankee (ENVY), the licensee for Vermont Yankee, to promptly conduct a review at Vermont Yankee to determine the extent of condition, including a full inventory of the type, amount, application, and placement of Hemyc, and an assessment of the safety significance of each application;
- 2) Require ENVY to promptly provide justification for operation in nonconformance with 10 CFR Part 50, Appendix R; and
- 3) Upon finding that Vermont Yankee is operating in an unanalyzed condition and/or that assurance of public health and safety is degraded, promptly order a power reduction (derate) of Vermont Yankee until such time as it can be demonstrated that ENVY is operating in conformance with 10 CFR Part 50, Appendix R, and all other applicable regulations.
The petition, as supplemented, also requested that the licensees review for extent of condition be expanded beyond Hemyc to include other fire barriers.
On June 1, 2005, the NRC staff acknowledged receiving your petition and stated that the petition was being referred to the Office of Nuclear Reactor Regulation for appropriate action and that it would be acted upon within a reasonable time, pursuant to 10 CFR 2.206. In addition, the Petitioners request for immediate action and the request to expand the scope to cover other fire barriers issues were denied by the NRC. When the Hemyc test results became available, the NRC staff examined whether there was an immediate and significant risk to safety. Because fire detection, prevention, and suppression measures are already in place to minimize both the probability of occurrence and consequences of a fire that could prevent the performance of safe shutdown functions, the NRC staff concluded that continued plant
R. Shadis operation while corrective actions are implemented will not pose an undue risk to public health and safety. As for the request that the licensee review fire barriers beyond the Hemyc ERFBS, the Petitioner did not provide adequate information to justify expanding the scope of the review.
Representatives of the petition held a teleconference with the Petition Review Board (PRB) on May 17, 2005, to discuss the petition. The PRB considered the results of that discussion when considering the Petitioners request for action and determining the review schedule for the petition. The transcript of this teleconference was treated as a supplement to the petition.
The NRC staff sent a copy of the proposed Directors Decision (DD) to you for comment on October 11, 2005. The NRC staff did not receive any comments on the proposed DD.
The final DD addresses the petitioners requested actions as follows: As a basis for the requested actions, the Petitioners primary concern was the quality of the Vermont Yankee fire barriers, including Hemyc, and the effect on compliance with the requirements of 10 CFR Part 50, Appendix R. However, in its inspections of fire protection at Vermont Yankee, which included the review of numerous fire barriers and penetrations, the NRC did not identify any safety concerns other than the unresolved item related to Hemyc ERFBS. Furthermore, by letter dated August 17, 2005, ENVY stated that on July 28, 2005, they completed replacement of Hemyc in systems that are credited in the Vermont Yankee safe shutdown capability analysis. This is the analysis that supports compliance with 10 CFR Part 50, Appendix R.
Therefore, the NRC staff concludes that the Petitioners concerns have been adequately addressed by the licensees corrective actions.
A copy of DD-05-07 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 DD within that time. The documents cited in this letter and the enclosed DD are available for inspection at the Commission's Public Document Room at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the NRCs Agencywide Documents Access and Management System Public Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
R. Shadis 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.
Sincerely,
/RA/
J.E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. DD-05-07
- 2. Federal Register Notice cc w/encls: Licensee (w/copy of incoming 2.206 request)
See next page
R. Shadis 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.
Sincerely,
/RA/
J.E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. DD-05-07
- 2. Federal Register Notice cc w/encls: Licensee (w/copy of incoming 2.206 request)
See next page DISTRIBUTION: G20050360 PUBLIC LPL1-2 R/F LReyes (Hard Copy)
RidsEdoMailCenter RidsOgcRP RidsRgn1MailCenter RidsNrrOd RidsOpaMail RidsOcaMail RidsNrrWpcMail RidsNrrDorlLplb RidsNrrPMREnnis RidsNrrLACRaynor RidsNrrPMSBailey RidsNrrLASLittle RidsNrrDorl RidsOigMailCenter RidsNrrAdro RidsOcaaMailCenter RidsAcrsAcnwMailCenter RidsAslbpDocket RidsSecyMailCenter HChang LCox RidsNrrPMJShea RidsNrrPMSBailey Package: ML053500015 Incoming: ML051370182 (Raymond Shadis Letter)
Letter: ML053500005 (Cover Letter)
Enclosure 1: ML053500012 (Final Directors Decision)
Enclosure 2: ML053500007 (Federal Register Notice)
OFFICE LPL1-2/PM LPL1-2/LA LPL1-2/BC DORL/D NRR/D NAME SBailey:eo CRaynor DRoberts CHaney JDyer (DClarke for) (CHolden for)
DATE 12/16/05 12/16/05 12/16/05 12/19/05 12/23/05 OFFICIAL RECORD COPY
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 Shaw, Pittman, Potts & Trowbridge 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