ML053540275

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NRC Staff'S Tenth Status Report on Review Schedule
ML053540275
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 12/16/2005
From: Sherwin Turk
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 10848
Download: ML053540275 (5)


Text

December 16, 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 TENTH 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 tenth monthly status report concerning its ongoing safety and environmental reviews of 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.

In its Ninth Status Report, filed on November 14, 2005,1 the Staff reported, inter alia, that it had submitted its draft Safety Evaluation Report (SER) to the Advisory Committee on Reactor Safeguards (ACRS), on October 21, 2005; that it issued the proprietary and non-proprietary versions of its draft SER on November 2, 2005; and that it published its draft Environmental Assessment (EA) in the Federal Register, on November 9, 2005.2 Ninth Status 1

NRC Staffs Ninth Status Report on Review Schedule, dated November 14, 2005 (Ninth Status Report).

2 See Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.; Vermont Yankee Nuclear Power Station Draft Environmental Assessment and Finding of No Significant Impact Related to the Proposed License Amendment To Increase the Maximum Reactor Power Level, 70 Fed.

Reg. 68,106 (Nov. 9, 2005).

Report, at 2. Further, the Staff noted that it was planning to participate in the ACRS Subcommittee meetings to be held in Vermont on November 15-16, 2005. Id.

As indicated, on November 15-16, 2005, the Staff participated in the meetings held by the ACRS Subcommittee on Thermal-Hydraulic Phenomena, in Vermont. In addition, the Staff participated in the ACRS Subcommittee meetings held in Rockville, MD, on November 29-30, 2005, and in the full ACRS meeting held in Rockville, MD on December 7, 2005. On December 10, 2005, the Staff attended a public session of the ACRS held in Rockville, MD; in that meeting, the ACRS voted unanimously to tentatively recommend approval of the Vermont Yankee EPU application in all respects, subject to the terms of a draft letter report which the ACRS then had under consideration. The Staff understands that the ACRS is currently completing its letter, providing its conclusions and recommendations regarding approval of the EPU application. The Staff further understands that the ACRS letter may be issued later this month, but a firm date for issuance has not been established and the letter could be issued after December 31, 2005.

Assuming that the ACRS issues a letter recommending approval of the EPU application on or before December 31, 2005, the Staff believes that its review will continue to proceed in accordance with the previously published schedule, as follows:

ACRS Letter Report to Chairman: December 31, 20053 Issue Final EA: February 7, 2006 Issue Final SER: February 24, 2006 3

The Staff had previously noted its expectation that the ACRS letter would be issued on or before December 15, 2005. See Ninth Status Report at 3. Issuance of the ACRS letter two weeks later, on or before December 31, 2005, is not expected to result in a delay in issuance of the Staffs Final SER.

Pursuant to the Licensing Boards Initial Hearing Order, the Staff will submit an updated status report to the Licensing Board and parties on or about January 15, 2006.

Respectfully submitted,

/RA/

Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 16th day of December, 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 TENTH 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 16th day of December, 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 Jonathan M. Rund, Esq.**

Adjudication* Law Clerk Mail Stop: O-16C1 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: jmr3@nrc.gov

Jay E. Silberg, Esq.** Sarah Hofmann, Esq.**

Matias Travieso-Diaz, Esq.** Special Counsel Pillsbury Winthrop Shaw Pittman, LLP Department of Public Service 2300 N St., NW 112 State Street - Drawer 20 Washington, DC 20037-1128 Montpelier, VT 05620-2601 E-mail: jay.silberg@pillsburylaw.com, E-mail: sarah.hofmann@state.vt.us matias.travieso-diaz@pillsburylaw.com John M. Fulton, Esq. Raymond Shadis**

Assistant General Counsel Staff Technical Advisor Entergy Nuclear Operations, Inc. New England Coalition 440 Hamilton Avenue P.O. Box 98 White Plains, NY 10601 Edgecomb, ME 04556 E-mail: shadis@prexar.com, shadis@ime.net Anthony Z. Roisman, Esq.**

National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 E-mail: aroisman@nationallegalscholars.com

/RA/

Sherwin E. Turk Counsel for NRC Staff