ML060340131

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G20050706 - Jonathan M. Block Ltr. October 11, 2005 Petition Filed with the Executive Director of Operations Pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206)
ML060340131
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 03/04/2006
From: Dyer J
Office of Nuclear Reactor Regulation
To: Block J
- No Known Affiliation
SHea J, NRR/DLPM,415-1388
Shared Package
ML060340216 List:
References
2.206, G20050706, TAC MC8632
Download: ML060340131 (7)


Text

March 4, 2006 Mr. Jonathan M. Block 94 Main Street P.O. Box 566 Putney, VT 05346-0566

Dear Mr. Block:

This letter responds to the petition that you filed with the Executive Director for Operations pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206) on October 11, 2005. In your petition, you requested that the Nuclear Regulatory Commission (NRC) issue an emergency order for a temporary closure or de-rating of the Vermont Yankee Nuclear Power Station (VY) as a result of flooding and storm damage to the city of Keene, the town of Hinsdale, and other portions of New Hampshire that are part of existing evacuation routes for VY, during local flooding that occurred on October 8 and 9, 2005.

During a teleconference on October 18, 2005, the NRC Petition Manager, Mr. James Shea, informed you that your emergency request for temporary plant closure or de-rating was denied, based on an evaluation by the Department of Homeland Security, Federal Emergency Management Agency (DHS/FEMA) regarding the State of New Hampshires establishment of alternate evacuation routes during the time of the flooding. In that teleconference, you raised additional concerns about whether FEMA and the State of New Hampshire have plans for an evacuation if an event were to occur at VY simultaneously with a natural disaster. Specifically, you were concerned with how people would evacuate from the city of Keene and the town of Hinsdale while roads were flooded and if there were alternative assembly points and decontamination centers for people who normally would evacuate through these flooded areas.

Finally, you asked what the NRC is doing to ensure that contingency evacuation plans are in place. On October 26, 2005, we informed you that your additional concerns regarding emergency planning had been accepted for review by the NRC staff pursuant to Section 2.206 of the Commissions regulations.

The NRC staff sent a copy of the proposed directors decision (DD) to you and to Entergy Nuclear Operations, Inc. (Entergy), the licensee for VY for comment on December 7, 2005.

The NRC staff did not receive any comments on the proposed DD.

The final DD addresses the requested actions as follows: The NRC staff in consultation with DHS/FEMA confirmed that during the flooding on October 8 and 9, 2005, near VY, the State of New Hampshire had established and coordinated potential alternate evacuation routes in the unlikely event of an emergency at VY and that shutting down or de-rating the station was not warranted. Therefore, your request of October 11, 2005, to shut down or de-rate VY was denied. In addition, the NRC staff found that the safe operation of VY was not threatened by the flooding and that the local emergency response organizations could implement protective actions if necessary, to protect public health and safety, in accordance with their emergency procedures, regardless of local severe weather conditions or other natural disasters coincident with an emergency at VY.

J. M. Block A copy of DD-06-02 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 in ADAMS for inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRC Web site http://www.nrc.gov/reading-rm/adams.html (the Electronic Reading Room).

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. Thank you for bringing these concerns to the attention of the NRC. Please feel free to contact Mr. James Shea, petition manager, at 301-415-1388, to discuss any questions related to this petition.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosures:

1. Directors Decision
2. Federal Register Notice cc w/encls: See next page

J. M. Block A copy of DD-06-02 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 in ADAMS for inspection at the Commission's Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRC Web site http://www.nrc.gov/reading-rm/adams.html (the Electronic Reading Room).

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. Thank you for bringing these concerns to the attention of the NRC. Please feel free to contact Mr. James Shea, petition manager, at 301-415-1388, to discuss any questions related to this petition.

Sincerely,

/RA/

J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosures:

1. Directors Decision
2. Federal Register Notice cc w/encl: See next page DISTRIBUTION: See next page Package: ML060340216 Incoming: ML052910172 Response: ML060340131 Directors Decision: ML060340326 Federal Register Notice: ML060340246 OFFICE LPLI-1/PM LPLI-1/LA Tech Editor INSIR/BC LPLI-1/BC NAME JShea SLittle PKleene AMcMurtray RLaufer DATE 02/9/06 02/13/06 02/15/06 02/21/06 02/22/06 OFFICE DORL/D NRR/D NAME CHaney JDyer DATE 02/27/06 03/4/06 OFFICIAL RECORD COPY

DISTRIBUTION FOR LETTER TO JONATHAN M. BLOCK RE: REQUEST FOR EMERGENCY ENFORCEMENT ACTION UNDER 2.206 TO ADDRESS EVACUATIONS DURING AN EVENT AT VERMONT YANKEE COUPLED WITH STORM DAMAGE:

Dated: March 4, 2006 DISTRIBUTION: G20050706 PUBLIC RidsEdoMailCenter EDO Reading PDLI-1 Reading RidsNrrOd RidsNrrAdpt RidsOpaMail RidsOcaMailCenter RidsOcaaMailCenter RidsAcrsAcnwMailCenter RidsNrrWpcMail NRR Mail Room RidsNrrDORLLpdi RidsNrrDORLLpdi1 RidsNrrPMDSkay RidsNrrPMJShea LCox RidsNrrLASLittle RidsAslbpDocket RidsRgn1MailCenter HCheng EJulian, SECY RidsOgc Rp RidsOigMailCenter

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 Pillsbury, Winthrop, Shaw, Pittman, LLP 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 Mr. John F. McCann Vermont Yankee Nuclear Power Station Director, Nuclear Safety Assurance 320 Governor Hunt Road Entergy Nuclear Operations, Inc.

Vernon, VT 05354 440 Hamilton Avenue White Plains, NY 10601 G. Dana Bisbee, Esq.

Deputy Attorney General Mr. Gary J. Taylor 33 Capitol Street Chief Executive Officer Concord, NH 03301-6937 Entergy Operations 1340 Echelon Parkway Chief, Safety Unit Jackson, MS 39213 Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108

Vermont Yankee Nuclear Power Station cc:

Mr. John T. Herron Ms. Stacey M. Lousteau Sr. VP and Chief Operating Officer Treasury Department Entergy Nuclear Operations, Inc. Entergy Services, Inc.

440 Hamilton Avenue 639 Loyola Avenue White Plains, NY 10601 New Orleans, LA 70113 Mr. Danny L. Pace Mr. Raymond Shadis Vice President, Engineering New England Coalition Entergy Nuclear Operations, Inc. Post Office Box 98 440 Hamilton Avenue Edgecomb, ME 04556 White Plains, NY 10601 Mr. James P. Matteau Mr. Brian OGrady Executive Director Vice President, Operations Support Windham Regional Commission Entergy Nuclear Operations, Inc. 139 Main Street, Suite 505 440 Hamilton Avenue Brattleboro, VT 05301 White Plains, NY 10601 Mr. William K. Sherman Mr. Michael J. Colomb Vermont Department of Public Service Director of Oversight 112 State Street Entergy Nuclear Operations, Inc. Drawer 20 440 Hamilton Avenue Montpelier, VT 05620-2601 White Plains, NY 10601 Venessa Quinn, Chief Mr. John M. Fulton Radiological Emergency Preparedness Sec.

Assistant General Counsel Department of Homeland Security Entergy Nuclear Operations, Inc. 1800 S. Bell Street, Room 837 440 Hamilton Avenue Crystal City-Arlington, VA 22202-3546 White Plains, NY 10601 Deborah Bell, Chair Mr. Jay K. Thayer Regional Assistance Committee Site Vice President FEMA, Region 1 Entergy Nuclear Operations, Inc. 99 High Street, 6th Floor Vermont Yankee Nuclear Power Station Boston, MA 02110 P.O. Box 0500 185 Old Ferry Road Craig J. Fiore Brattleboro, VT 05302-0500 Radiological Emergency Preparedness Sec.

Department of Homeland Security Mr. Kenneth L. Graesser 1800 South Bell Street-Room 839 38832 N. Ashley Drive Crystal City-Arlingong, VA 22202-3546 Lake Villa, IL 60046 Mr. Michael R. Kansler Mr. James Sniezek President 5486 Nithsdale Drive Entergy Nuclear Operations, Inc.

Salisbury, MD 21801 440 Hamilton Avenue White Plains, NY 10601