ML060200177

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Vermont Yankee - NRC Staff'S Eleventh Status Report on Review Schedule
ML060200177
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 01/17/2006
From: Sherwin Turk
NRC/OGC
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11075
Download: ML060200177 (12)


Text

January 17, 2006 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 ELEVENTH 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 eleventh 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 Tenth Status Report, filed on December 16, 2005,1 the Staff reported, inter alia, that it had transmitted its draft Safety Evaluation Report (SER)2 to the Advisory Committee on Reactor Safeguards (ACRS), and attended various ACRS meetings held in November -

December 2005. Further, the Staff reported that in a meeting held on December 10, 2005, the ACRS had voted unanimously to tentatively recommend approval of the Vermont Yankee EPU 1

NRC Staffs Tenth Status Report on Review Schedule, dated December 16, 2005 (Tenth Status Report).

2 The Staff transmitted its Draft SE to the Applicant on October 21, 2005, and issued proprietary and non-proprietary versions of the draft SE on November 2, 2005.

application in all respects, subject to the terms of a draft letter report which the ACRS then had under consideration.

Subsequent to issuance of the Staffs Tenth Status Report, the ACRS completed its review of the EPU application. In a letter to NRC Chairman Nils J. Diaz dated January 4, 2006 (ADAMS Accession No. ML060090125) (Attachment 1 hereto), ACRS Chairman Graham B.

Wallis provided the ACRSs conclusions and recommendations regarding the proposed EPU license amendment. These were as follows:

1. The Entergy application for the extended power uprate at the Vermont Yankee Nuclear Power Station (VY) should be approved.
2. The change in the licensing basis associated with the requested containment overpressure credit should be approved.
3. Load rejection and main steam isolation valve closure transient tests are not warranted. The planned transient testing program adequately addresses the performance of the modified systems.
4. The times available to perform critical operator actions remain adequate under EPU conditions.
5. The margin added to the safety limit minimum critical power ratio (SLMCPR) is an appropriate interim measure until General Electric (GE) obtains additional data to complete the validation of nuclear analysis methods.
6. The monitoring that will be performed during the ascension to uprate power provides adequate assurance that, if resonant vibrational modes are induced in the steam dryer, they will be identified prior to component failure.
7. An enhanced, focused engineering inspection was performed. An additional expanded inspection is not warranted.
8. The review standard for extended power uprates (RS-001) provides a structured process for the review of applications for extended power uprates. Its continued use and improvement are encouraged.

The bases for the ACRSs conclusions and recommendations are set forth in its letter (see , at 2-7).

With the completion of the ACRSs review, the Staffs evaluation of the EPU application continues to proceed in accordance with its previously published schedule. In this regard, the Staff expects to meet the following schedule:

Issue Final Environmental Assessment (EA) February 7, 2006 3 Issue Final SER: February 24, 20064 The Staff will be prepared to discuss the status of its review in the prehearing telephone conference to be held on January 24, 2006. In addition, the Staff will submit an updated report on the status of its review on or about February 16, 2006.

Respectfully submitted,

/RA/

Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 17th day of January, 2006 3

In the NRC Staffs Ninth Status Report on Review Schedule, dated November 14, 2005, the Staff reported that it had published its draft EA for the EPU application on November 9, 2005. Id. at 2, citing 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). The Staff has completed its review of public comments submitted in response to the draft EA. The final EA is nearing completion at this time, and could be issued prior to the previously published date of February 7, 2006.

4 By letter dated January 5, 2006 (ADAMS Accession No. ML053490030), the Staff issued a Notice of Consideration of Issuance and Proposed No Significant Hazards Consideration (NSHC)

Determination regarding the proposed EPU application; the Notice was published in the Federal Register on January 11, 2006. See Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.; Notice of Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration Determination, 71 Fed. Reg.1774 (Jan. 11, 2006). As indicated therein, comments on the Staffs proposed NSHC determination which are submitted by February 10, 2006, will be considered by the Staff in making a final NSHC determination.

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 ELEVENTH 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 17th day of January, 2006.

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

Jered J. Lindsay, Esq.** Sarah Hofmann, Esq.**

Law Clerk Special Counsel Atomic Safety and Licensing Board Panel Department of Public Service Mail Stop: T-3F23 112 State Street - Drawer 20 U.S. Nuclear Regulatory Commission Montpelier, VT 05620-2601 Washington, DC 20555-0001 E-mail: sarah.hofmann@state.vt.us (E-mail: JJL5@nrc.gov)

Jay E. Silberg, Esq.** Anthony Z. Roisman, Esq.**

Matias Travieso-Diaz, Esq.** National Legal Scholars Law Firm Pillsbury Winthrop Shaw Pittman, LLP 84 East Thetford Rd.

2300 N St., NW Lyme, NH 03768 Washington, DC 20037-1128 E-mail: aroisman@nationallegalscholars.com E-mail: jay.silberg@pillsburylaw.com, 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

/RA/

Sherwin E. Turk Counsel for NRC Staff