ML053540409

Letters from Annette L. Vietti-Cook and Luis A. Reyes Addressed to Congressman John W. Olver, as Well as the Letter from Congressman John W. Olver Dated November 10, 2005

ML053540409
Person / Time
Site:	Vermont Yankee
Issue date:	12/16/2005
From:	Reyes L, Annette Vietti-Cook NRC/EDO, NRC/SECY
To:	Olver J US HR (House of Representatives)
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 10854
Download: ML053540409 (7)

Text

DOCKETED USNRC December 20,2005 (9:50am)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF The Honorable John Olver United States House of Representatives Docket No. 50-271-OLA Washington, D.C. 20515 SERVED December 20,2005

Dear Congressman Olver:

This is a response to your letter dated November 10, 2005, addressed to Chairman Nils J. Diaz, in which you request an evaluation by the NRC of the condition of the steam dryer at the Vermont Yankee Nuclear Power Station. You emphasized that it is essential that your constituents receive information on the condition of the steam dryer during the consideration by the NRC of the proposed power uprate for Vermont Yankee. Your letter has been referred to the NRC staff. The staff will address your specific concerns in a direct reply.

Currently, contentions addressing the power uprate for Vermont Yankee are before an Atomic Safety and Licensing Board in a contested proceeding. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings cotnmenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission.

A copy of your letter and this response, as well as, the response of the NRC staff when issued will be served on the participants in the Vermont Yankee proceeding.

Sincerely, A

cc: Vermont Yankee Service List

WASHINGTON, D.C. 205554001 December 1 6 , 2005 The Honorable John W. Olver United States House of Representatives Washington, D.C. 20515

Dear Representative Olver:

On behalf of the Nuclear Regulatory Commission (NRC), I am writing in response to your letter of November 10, 2005, in which you urged the NRC to fully evaluate the condition of the steam dryer at the Vermont Yankee Nuclear Power Station (Vermont Yankee) as the NRC staff reviews the proposed extended power uprate (EPU) request from Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy). I am pleased to take this opportunity to update you on the NRC's actions to address this issue.

During the fall 2005 refueling outage at Vermont Yankee, Entergy performed an enhanced visual inspection which identified 46 indications of small cracks in the steam dryer. These were in addiiion to 18 indications identified during the spring 2004 outage. Although the previous dryer inspection was conducted in accordance with the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, it was expected that additional indications would be found during the 2005 outage based on use of visual examination techniques that provided greater magnification and resolution. The enhanced inspection also confirmed that none of the previously-identified cracks had propagated in width or length since the last inspection.

Entergy currently believes that, like the previously-identified indications, these new indications developed sometime early in plant operational history, and will not affect the steam dryer structural integrity at current power conditions or at the proposed EPU conditions. None of the identified indications required repairs; however, Entergy did make modifications during the 2004 outage to provide additional structural support to the steam dryer to address generic industry issues with steam dryer integrity. Entergy will continue to monitor the indications during future inspections to ensure there is no further change to the individual indications.

The NRC is closely monitoring Entergy's steam dryer examination and evaluation activities. A specialist inspector from the NRCs Region I office was sent to the site tc review the steam dryer inspection results. Further, specialists from Region i and NRC Headquarters reviewed the examination data and steam dryer evaluation. The NRC reviews did not identify problems with the steam dryer crack evaluation and disposition that would cause concern with operation of Vermont Yankee at current licensed conditions.

Entergy is completing its final evaluation of the new steam dryer indications with regard to EPU operation. The NRC will thoroughly review the final evaluation as part of the proposed EPU review. Additionally, if the proposed EPU is granted, a condition would be added to the Vermont Yankee license for Entergy to mcnitor and evaluate the effects of increased steam flow on the steam dryer, and promptly take actions as necessary to resolve any adverse flow effects.

The NRC's primary mission is to ensure adequate protection of public health and safety, The NRC will not approve the Vermont Yankee EPU, or any proposed change to any plant license, unless our technical staff can conclude that it has reasonable assurance that adequate protection of public health and safety will be ensured.

Diaz, pg. 2 November 10,2005

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

1 ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ) Docket No. 50-271-0LA and ENTERGY NUCLEAR OPERATIONS, INC. )

1 Vermont Yankee Nuclear Power Station) 1 1

(Operating License Amendment) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTERS FROM ANNETTE L. VIETTI-COOK AND LUIS A. REYES ADDRESSED TO CONGRESSMAN JOHN W. OLVER, AS WELL AS THE LETTER FROM CONGRESSMAN JOHN W. OLVER DATED NOVEMBER 10,2005 have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Lester S. Rubenstein Atomic Safety and Licensing Board Panel 4270 E Country Villa Drive Mail Stop - T-3 F23 Tucson, AZ 85718 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Robert M. Weisman, Esq. Raymond Shadis Sherwin E. Turk, Esq. New England Coalition Jason C. Zorn, Esq. P.O. Box 98 Office of the General Counsel Edgecomb, ME 04556 Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Docket No. 50-271-0LA LETTERS FROM ANNETTE L. VIETTI-COOK AND LUIS A. REYES ADDRESSED TO CONGRESSMAN JOHN W. OLVER, AS WELL AS THE LETTER FROM CONGRESSMAN JOHN W. OLVER DATED NOVEMBER 10,2005 John M. Fulton, Esq. Sarah Hofmann, Esq.

Assistant General Counsel Special Counsel Entergy Nuclear Operations, Inc. Department of Public Service 440 Hamilton Avenue 112 State Street - Drawer 20 White Plains, NY 10601 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq. Jay E. Silberg, Esq.

National Legal Scholars Law Firm Matias F. Travieso-Diaz, Esq.

84 East Thetford Rd. Pillsbury Winthrop Shaw Pittman LLP Lyme, NH 03768 2300 N Street, NW Washington, DC 20037-1 128 Jonathan M. Rund, Esq.

Law Clerk Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Dated at Rockville, Maryland, this 20thday of December 2005