ML060720282

Letter from Raymond Shadis to Annette L. Vietti-Cook Requesting That the Commission Abstain from Issuing an Operating License Amendment to Entergy

ML060720282
Person / Time
Site:	Vermont Yankee
Issue date:	02/27/2006
From:	Shadis R New England Coalition on Nuclear Pollution
To:	Annette Vietti-Cook NRC/SECY
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11329
Download: ML060720282 (5)

Text

New Enggiand Coalition Nil NI E MIA Ri CT.-- NY POST OFFICE BOX 545, BRATTLEBORO, VERMONT o5302 on NuclearPollution DOCKETED February 27, 2006 USNRC Annette L. Vietti-Cook March 10, 2006 (10:00am)

Secretary OFFICE OF SECRETARY U.S. Nuclear Regulatory Commission RULEMAKINGS AND.

Washington, D.C. 2000555 ADJUDICATIONS STAFF o 26 ISA1 3

Re: Pending Approval of Entergy Nuclear Vermont Yankee (50-271)

License Amendment 263 (Extended Power Uprate) (ALSBP-No.04-832 OLA

References:

(1). Federal Register Notice- (69 Fed. Reg. 39,976), July 1, 2004 (Notice of Consideration of Issuance of Facility Operating License Amendment and Opportunity for Hearing.

(2) ASLBP - Memorandum and Order - Ruling on Standing, Contentions, and State Reservation of Rights- November 11, 2004.

(3) ASLBP- Memorandum and Order - Admitting Intervenor's New Contention (LBP-05-32) - December 2, 2005 (4) ASLBP- Memorandum and Order - Denying Motion for Summary Disposition of NEC Contention 3 (LBP-06-06) January 1, 2006 (5) Draft NRC Staff Safety Evaluation Report (Rev.l) (TAC MC0761)

November 3,2005 (6) Draft Environmental Assessment and Finding of No Significant Impact Related to Proposed Extended Power Uprate (TAC No.

MC0761) November 3, 2005 (7) Letters: Annette L. Vietti Cook and Luis A Reyes, USNRC, to Representative John W. Olver (MA), Representative Bernard M.

Sanders(VT), Senator James M. Jeffords (VT), and Senator Patrick Leahy (VT), December 16, 2005 (8) Letter: Sherwin Turk, USNRC Office of General Counsel to ASLB Panel No. 04-832-02-OLA , February 17, 2006

Dear Mrs Vietti-Cook,

This letter constitutes a formal request by and through, Raymond Shadis, New England Coalition's pro se representative in above captioned Atomic Safety and Licensing Proceeding that the US Nuclear Regulatory Commission abstain from issuing permission 7emplJe= aY-0(3 Sg3CIy-6

New England Coalition to USNRC February 27, 2006 Page -2 to Entergy Nuclear Vermont Yankee (50.-27 1) to increase reactor thermal power beyond that originally licensed until safety issues. (contentions) now before the Atomic Safety and Licensing Board, convened in this docket, are adjudicated.

Accidence to this request is consistent with the Commission's declared appellant role and policy of non-interference with parties seeking administrative remedies through NRC's hearing process. The Commission described its appellant role and policy in letters to US Senators James Jeffords and Patrick Leahy (VT);and US Representatives Bernard Sanders (VT) and John W. Olver (MA); all dated December 16, 2005, wherein the Commission declined to act on requests fior thorough steam dryer examination at Vermont Yankee and/or for an Independent Safety Assessment of Vermont Yankee' prior to implementation of uprate. In these letters the Commission stated, 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 the proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust you will understand thai: the Commissioners must remain impartial during the pendency of a case whether it is before a Licensing Board or on appeal to the Commission.

Whereas, New England Coalition's contentions (that would requirethorough analysis ofability ofthe entire Alternate CoolingSystem to withstandseismic shock and other naturalphenomena and would require, in accordwith General Electric's extendedpower uprate topical letter report,full-transienttestingprior to operationunderEPU conditions) will be effectively by-passed and mooted, by Commission permission to implement License Amendment 263, the Commission must not abandon its stance of impartiality to grant such permission.

Permitting implementation of the extended power uprate license amendment prior to adjudicatory resolution of New England Coalition's Contentions; contentions that have survived examination upon Motions for Summary Disposition, would deny New England Coalition effective redress and due process; and subject New England Coalition; its constituents and members living within the emergency planning zone of Vermont Yankee Nuclear Power Station, to the irreparable harm of unnecessary increased risk of accident and accident consequences.

XOn February 10, 2006, New England Coalition caused to be delivered to USNRC more than 8,300 signatures ofarea residents on petitions calling for an Independent Safety Assessment (ISA) of Vermont Yankee on the scale and scope that performed at Maine Yankee in 1996. These citizen petitions were accompanied by a score ofresolutions and letters from local, state and federal elected officials; and administrative and legislative entities representing the region surrounding Vermont Yankee. New England Coalition respectfully reminds the NRC that the 1996 Maine Yankee ISA followed demonstration that the NRC uprate review process failed to account for significant safety defects in the 10 percent power uprate of Maine Yankee and that the Maine Yankee ISA was initiated following requests for a safety assessment from Maine's concerned citizens and Governor. Further it should be noted that NRC's pilot engineering and design inspection offered to address the concerns of area residents and the Vermont public Service Board, expended only about 3 percent of the inspection hours expended in the Maine Yankee ISA.

New England Coalition to USNRC February 27, 2006 Page -3 Therefore, should the requested license amendment be granted, the Commission, in order not to void New England Coalition's recourse to administrative remedies, must condition its order so as to limit licensee actions, including proposed ascension power testing, such that original licensed thermal power is not exceeded prior to adjudication of contentions now before the Atomic Safety and Licensing Board.

New England Coalition eagerly and respectfully awaits the Commission's response.

Raymond Shadis Pro Se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadisgprexar.com

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

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

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM RAYMOND SHADIS TO ANNETTE L. VIETTI-COOK REQUESTING THAT THE COMMISSION ABSTAIN FROM ISSUING AN OPERATING LICENSE AMENDMENT TO ENTERGY 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 Steven C. Hamrick, 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

2 Docket No. 50-271 -OLA LETTER FROM RAYMOND SHADIS TO ANNETTE L.

VIETTI-COOK REQUESTING THAT THE COMMISSION ABSTAIN FROM ISSUING AN OPERATING LICENSE AMENDMENT TO ENTERGY 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 20037-1128 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 Office of t Sec of the Co ission Dated at Rockville, Maryland, this 13t day of March 2006