ML060800664
| ML060800664 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 03/21/2006 |
| From: | Gillespie F NRC/NRR/ADRO/DLR |
| To: | Kansler M Entergy Nuclear Operations |
| Eads J, NRR/ADRO/DLR/RLRB, 415-1471 | |
| References | |
| %dam200611 | |
| Download: ML060800664 (14) | |
Text
March 21, 2006 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601-1839
SUBJECT:
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM ENTERGY NUCLEAR OPERATIONS, INC. FOR RENEWAL OF THE OPERATING LICENSE FOR THE VERMONT YANKEE NUCLEAR POWER STATION
Dear Mr. Kansler:
By letter dated on January 25, 2006, as supplemented by letter dated March 15, 2006, the U.S.
Nuclear Regulatory Commission (NRC) received the Entergy Nuclear Operations, Inc.
application for renewal of Operating License No. DPR-28 for the Vermont Yankee Nuclear Power Station. Notice of receipt of this application was published in the Federal Register on February 6, 2006 (71 FR 6102). The purpose of this letter is to provide the results of the NRC staffs acceptance review of the license renewal application for the Vermont Yankee Nuclear Power Station. During the acceptance review, the NRC staff determines whether or not the application is sufficiently complete to allow the staff to proceed with its review.
The NRC staff has reviewed your request following the guidance in NUREG-1800, Standard Review Plan for Review of License Renewal Applications for Nuclear Power Plants, and NUREG-1555, Environmental Standard Review Plan. As a result, the NRC Staff has determined that the application is complete and is acceptable for docketing, in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23 and 51.53(c). However, the staffs determination does not preclude requests for additional information as the review proceeds.
This letter forwards the staffs safety and environmental review schedule for the Vermont Yankee Nuclear Power Station license renewal application (Enclosure 1). The NRC staff will follow established review procedures and the enclosed schedule to complete the safety and environmental reviews required by 10 CFR Parts 54 and 51, respectively. This schedule has been established in accordance with a 30-month review plan, which includes time to conduct a hearing should a hearing be requested and granted. Milestones for hearing activities are not included in the enclosed schedule because these dates will, if necessary, be established by the Commission or Atomic Safety and Licensing Board.
I would like to stress that this is a very detailed and thorough review. The NRC staff will make every effort to meet the schedule milestones. We request that you inform the staff as early as possible should potential delays arise in your support of the schedule.
M. Kansler Finally, we have also enclosed, for your information, a copy of the notice relating to your application that is being sent to the Office of the Federal Register for publication (Enclosure 2).
This notice provides the opportunity to request a hearing and to file a petition for leave to intervene.
If you have any questions on this matter, please contact Johnny Eads, License Renewal Senior Project Manager for the Vermont Yankee Nuclear Power Station, by telephone at 301-415-1471 or via e-mail at JHE@nrc.gov.
Sincerely,
/RA/
Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
As stated cc w/encls: See next page
ML060800664 Document Name: E:\Filenet\ML060800664.wpd OFFICE PM:RLRB:DLR LA:RLRA:DLR OGC NLO BC:RLRB:DLR D:DLR NAME JEads YEdmonds MLemoncelli JZimmerman FGillespie (w/comments)
DATE 3/ 21 /06 3/ 20 /06 3/ 20 /06 3/ 21 /06 3/ 21 /06 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 Mr. David OBrien, 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. James Volz, 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 Jonathan M. Block, Esq.
Vermont Yankee Nuclear Power Station Main Street 320 Governor Hunt Road P.O. Box 566 Vernon, VT 05354 Putney, VT 05346-0566 G. Dana Bisbee, Esq. Mr. John F. McCann Deputy Attorney General Director, Licensing 33 Capitol Street Entergy Nuclear Operations, Inc.
Concord, NH 03301-6937 440 Hamilton Avenue White Plains, NY 10601 Chief, Safety Unit Office of the Attorney General Mr. Gary J. Taylor One Ashburton Place, 19th Floor Chief Executive Officer Boston, MA 02108 Entergy Operations 1340 Echelon Parkway Ms. Deborah B. Katz Jackson, MS 39213 P.O. Box 83 Shelburne Falls, MA 01370
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. Oscar Limpias 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. Christopher Schwartz 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 Mr. Michael D. Lyster Mr. Travis C. McCullough 5931 Barclay Lane Assistant General Counsel Naples, FL 34110-7306 Entergy Nuclear Operations, Inc.
440 Hamilton Avenue Ms. Charlene D. Faison White Plains, NY 10601 Manager, Licensing 440 Hamilton Avenue Mr. Jay K. Thayer White Plains, NY 10601 Site Vice President Entergy Nuclear Operations, Inc. Mr. James Ross Vermont Yankee Nuclear Power Station Nuclear Energy Institute P.O. Box 0500 1776 I Street, NW, Suite 400 185 Old Ferry Road Washington, DC 20006-3708 Brattleboro, VT 05302-0500 Mr. James H. Sniezek 5486 Nithsdale Drive Salisbury, MD 21801
Letter to Michael Kansler from Frank Gillespie dated March 21, 2006
SUBJECT:
DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING, PROPOSED REVIEW SCHEDULE, AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM ENTERGY NUCLEAR OPERATIONS, INC. FOR RENEWAL OF THE OPERATING LICENSE FOR THE VERMONT YANKEE NUCLEAR POWER STATION HARD COPY DLR R/F E-MAIL:
JFair RWeisman AMurphy RPettis GGalletti CLi GBagchi SSmith (srs3)
SDuraiswamy YL (Renee) Li RidsNrrDlr RidsNrrDlrRlra RidsNrrDlrRlrb RidsNrrDe RidsNrrDci RidsNrreEemb RidsNrrDeEeeb RidsNrrDeEqva RidsNrrDss RidsNrrDnrl RidsOgcMailCenter RidsNrrAdes DLR Staff JEads JRowley RLaufer JShea CAnderson, RI MSykes, RI DScrenci, RI MModes, RI DPelton, Sr. Resident MLemoncelli RidsOpaMail
VERMONT YANKEE NUCLEAR POWER STATION LICENSE RENEWAL APPLICATION REVIEW SCHEDULE Milestone Schedule Actual Receive License Renewal (LR) Application 01/27/2006 01/27/06 Federal Register Notice (FRN) Published - Receipt & Availability Review 01/31/2006 01/31/06 Public Information Meeting - LR Process & Safety Review Overview 03/01/2006 03/01/06 FRN Published - Acceptability/Opportunity for Hearing 03/28/2006 Audit - Aging Management Programs (AMPs) 04/17/2006 FRN Published - Intent/Environmental Scoping Meeting 04/21/2006 Audit - Scoping and Screening Methodology 04/24/2006 Public Exit Meeting - Scoping & Screening Methodology Audit 04/28/2006 Audit - Aging Management Reviews (AMRs) 05/15/2006 Environmental Site Audit 05/22/2006 Deadline for Filing Hearing Requests and Petitions for Intervention 05/27/2006 Public Meeting - Environmental Scoping 06/07/2006 Environmental Scoping Periods Ends 06/23/2006 Public Exit Meeting - AMP/AMR Audit 06/28/2006 Environmental Requests for Additional information (RAIs) - Issued 07/14/2006 Environmental RAIs - Responses Received 09/01/2006 Safety RAIs - Issued 10/01/2006 Safety RAI - Responses Received 11/01/2006 Inspection - Scoping and Screening/AMP 11/ /2006 Public Exit Meeting - Scoping & Screening/AMP Inspections 12/ /2006 Draft Supplemental Environmental Impact Statement (SEIS) Issued 12/15/2006 FRN Published - Availability/Comment on draft SEIS 12/22/2006 Public Meeting - draft SEIS 01/31/2007 End of draft SEIS Comment Period 03/07/2007 Safety Evaluation Report (SER) with Open Item(s) - Issued 04/01/2007 ACRS Subcommittee Meeting on SER with Open Item(s) 05/ /2007 SER Open Item(s) - Response(s) Received 06/01/2007 SER - Issued 08/01/2007 Final SEIS - Issued 08/03/2007 FRN Published - Availability of Final SEIS 08/10/2007 ACRS Full Committee Meeting on SER 09/ /2007 Decision - Director, NRR (license issued, if approved and no hearing 11/27/2007 is granted - 22 months)
Commission Decision (if hearing is granted - 30 months) 07/27/2008 Enclosure 1
7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION ENTERGY NUCLEAR OPERATIONS, INC.
VERMONT YANKEE NUCLEAR POWER STATION NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF FACILITY OPERATING LICENSE NO. DPR-28 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NO. 50-271 The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Operating License No. DPR-28, which authorizes Entergy Nuclear Operations, Inc., to operate the Vermont Yankee Nuclear Power Station at 1912 megawatts (MWt) thermal. The renewed license would authorize the applicant to operate the Vermont Yankee Nuclear Power Station for an additional 20 years beyond the period specified in the current license. The current operating license for the Vermont Yankee Nuclear Power Station expires on March 21, 2012.
The Commissions staff received the application dated January 25, 2006, as supplemented by letter dated March 15, 2006, from Entergy Nuclear Operations, Inc., pursuant to 10 CFR Part 54, to renew the Operating License No. DPR-28 for Vermont Yankee Nuclear Power Station. A Notice of Receipt and Availability of the license renewal application, Entergy Nuclear Operations, Inc. Notice of Receipt and Availability of Application for Renewal of Vermont Yankee Nuclear Power Station Facility Operating License No. DPR-28 for an Additional 20-Year Period, was published in the Federal Register on February 6, 2006 (71 FR 6102).
Enclosure 2
The Commissions staff has determined that Entergy Nuclear Operations, Inc. has submitted sufficient information in accordance with 10 CFR 54.19, 54.21, 54.22, 54.23, and 51.53(c), and the application is acceptable for docketing. The current Docket No. 50-271 for Operating License No. DPR-28 will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application.
Before issuance of each requested renewed license, the NRC will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissions rules and regulations. In accordance with 10 CFR 54.29, the NRC will issue a renewed license on the basis of its review if it finds that actions have been identified and have been or will be taken with respect to: (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified as requiring aging management review, and (2) time-limited aging analyses that have been identified as requiring review, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the current licensing basis (CLB), and that any changes made to the plant*s CLB comply with the Act and the Commissions regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement that is a supplement to the Commissions NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated May 1996. Pursuant to 10 CFR 51.26, and as part of the environmental scoping process, the staff intends to hold a public scoping meeting. Detailed information regarding this meeting will be the subject of a separate Federal Register notice.
Within 60 days after the date of publication of this Federal Register Notice, the applicant may file a request for a hearing, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene with respect to the renewal of the license. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commissions Rules of Practice for Domestic Licensing Proceedings in 10 CFR Part
- 2. Interested persons should consult a current copy of 10 CFR 2.309, which is available at the Commissions Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRCs PDR reference staff by telephone at 1-800-397-4209, or by e-mail at pdr@nrc.gov. If a request for a hearing/petition for leave to intervene is filed within the 60-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request/petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing/petition for leave to intervene is filed within the 60-day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR Parts 51 and 54, renew the license without further notice.
As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding, taking into consideration the limited scope of matters that may be considered pursuant to 10 CFR Parts 51 and 54. The petition must specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature of the requestors/petitioners right under the Act to be made a party to the proceeding; (2) the nature and extent of the requestors/petitioners property, financial, or other interest in the proceeding; and (3) the possible effect of any decision or order which may be entered in the proceeding on the requestors/petitioners interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the expert opinion that supports the contention on which the requestor/petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.1 Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.
1 To the extent that the application contains attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicants counsel to discuss the need for a protective order.
The Commission requests that each contention be given a separate numeric or alpha designation within one of the following groups: (1) technical (primarily related to safety concerns); (2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention or propose substantially the same contention, the requestors/petitioners will be required to jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A request for a hearing or a petition for leave to intervene must be filed by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, D.C., 20555-0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., Attention: Rulemakings and Adjudications Staff at 301-415-1101, verification number is 301-415-1966.2 A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301-415-3725 or by e-mail to 2
If the request/petition is filed by e-mail or facsimile, an original and two copies of the document must be mailed within 2 (two) business days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555-0001; Attention: Rulemaking and Adjudications Staff.
OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the attorney for the applicant, Mr. Terrence A. Burke, Entergy Nuclear, 1340 Echelon Parkway, mail stop M-ECN-62, Jackson, MS 39213.
Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition, request and/or contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(a)(1)(i)-(viii).
Detailed information about the license renewal process can be found under the Nuclear Reactors icon at http://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRCs Web site. Copies of the application to renew the operating license for Vermont Yankee Nuclear Power Station, are available for public inspection at the Commission*s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738, and at http://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRCs Web site while the application is under review. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRCs public documents. These documents may be accessed through the NRCs Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML060300085. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS may contact the NRC Public Document Room (PDR) Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov.
The staff has verified that a copy of the license renewal application is also available to local residents near the Vermont Yankee Nuclear Power Station at the Vernon Free Library, 567 Governor Hunt Road, Vernon, VT 05354; Brooks Memorial Library, 224 Main Street, Brattleboro, VT 05301; Hinsdale Public Library, 122 Brattleboro Road, Hinsdale, NH 03451; and Dickinson Memorial Library, 115 Main Street, Northfield, MA 01360.
Dated at Rockville, Maryland, this 21st day of March, 2006.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
Frank P. Gillespie, Director Division of License Renewal Office of Nuclear Reactor Regulation