ML060940594

Letter from Annette L. Vietti-Cook to Senator Jeffords, Senator Leahy, and Congressman Sanders Responding to Their 03/08/06 Letter Regarding the Power Uprate Activity at Vermont Yankee

ML060940594
Person / Time
Site:	Vermont Yankee
Issue date:	03/24/2006
From:	Annette Vietti-Cook NRC/SECY
To:	Jeffords J, Leahy P, Sanders B US HR (House of Representatives), US SEN (Senate)
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11446
Download: ML060940594 (7)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKETED WSH!NGTOI?, D.C. 20555=00!?? USNRC March 24, 2006 April 4, 2006 (10:26am)

OFFICE OF SECRETARY SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket No. 50-271 -0LA I he Honorable James M. Jeffords SERVED April 4,2006 Gniied States Senate Washington, D.C. 20510

Dear Senator Jeffords:

I am responding to your letter addressed to Chairman Nils J. Diam, dated March 8, 2006. Your letter has been referred to the NRC staff for a direct reply on the concerns you raise regarding the power uprate activity at the Vermont Yankee Nuclear Power Station. You have also indicated that the Atomic Safety and Licensing Board (ASLB) for the Vermont Yankee power uprate proceeding should set an immediate hearing schedule. On March 14, 2006, the ASLB issued a supplemental scheduling order, which established an evidentiary hearing time frame for September and October of this year.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced 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, and that it would be inappropriate for any of them to discuss or comment on issues involved in the proceeding.

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, Annette L. Vietti-Cook cc: Vermont Yankee Service List

UNITED STATES UCLEAR REGULATORY COMM1

?*.'MH!NGT2?4, E.C. 2C555-CCC:

March 24, 2006

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SECRETARY The Honorable Patrick Leahy I I .... - _ I n r - r _ _ n . ~ -.1 -

uiiiieu a ~ a i e saenale Washington, D.C. 20510

Dear Senator Leahy:

i am responding to your letter addressed to Chairman Nils 4. Diaz, dated March 8, 2006. Your letter has been referred to the NRC staff for a direct reply on the concerns you raise regarding the power uprate activity at the Vermont Yankee Nuclear Power Station. You have also indicated that the Atomic Safety and Licensing Board (ASLB) for the Vermont Yankee power uprate proceeding should set an immediatz hearing schedule. On March 14, 2006, the ASLB issued a supplemental scheduling order, which established an evidentiary hearing time frame for September and October of this year.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced 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, and that it would be inappropriate for any of them to discuss or comment on issues involved in the proceeding.

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,

/ ?.

Annette L. Vietti-Cook cc: Vermont Yankee Service List

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 24. 2006 SECRETARY The Honorabie Bernard Sanders United States Hcuse cf P,epresentatives Washington, D.C. 20515

Dear Congressman Sanders:

I am responding to your letter addressed to Chairman Nils J. Diaz, dated March 8, 2006. Your letter has been referred to the NRC staff for a direct reply on the concerns you raise regarding the power uprate activity at the Vermont Yankee Nuclear Power Station. You have also indicated that the Atomic Safety and Licensing Board (ASLB) for the Vermont Yankee power uprate proceeding should set an immediate hearing schedule. On March 14, 2006, the ASLB issued a supplemental scheduling order, which established an evidentiary hearing time frame for September and October of this year.

Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced 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, and that it would be inappropriate for any of them to discuss or comment on issues involved in the proceeding.

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, Annette L. Vietti-Cook cc: Vermont Yankee Service List

March 8, 2006 The Honorable Nils J. Diaz Chairman U.S. Nuclear Regulatory. Commission Washington, Dkc. 20555-0001 Dear Chaiimm- Diaz News reports recently indicated the Nuc!ear Regulatory Csmmissio~l@=Cj stafftook action to halt power ascension at Vermont Yankee at 105 percent power to evaluate vibrations detected in the plant's main steam line. We remain concerned that we continue to learn of events at the facility from breaking news accomts, rather than fiom the Commission directly. We request that we be given regular updates regading the implementation of the uprate, and thzt we be informed when infomaion regarding the uprate is publicly released.

Further, we write to seek c1~r"ncatiorn about whether the Cormission siaff took an action in this case that is outside the scope of the approved uprate monitoring plan. It is our understanding that the recent uprate approval included a monitoring plan that established that each 5 percent increment, froin 5 to 20 percent, would be achieved, held and monitored for 96 hours0.00111 days <br />0.0267 hours <br />1.587302e-4 weeks <br />3.6528e-5 months <br /> before proceeding to the next power level. Further, the plan also addressed how vibrations of this type, shculd they be detected, are to be rnonit~red.It sppears Vermont Yankes will not proceed with the next scheduled 5 percent increment increase for at least several more days, raising questions about wheiher this detecied

.jibration exceeded the scope of Entergy's zpproved uprate plan, the rnattzr should be h l l y and clearly explained.

Third, we write to requrst that the M C publicly clarify whether the dctecied vibration has a potential impact on the safe 2nd reliable operation of the plm?. The press accounts describe s t e m dryer issues at other upratzd plants, md Vermonters should h o w fiom the replaior whether the detected vibrations have safety significence. We fkriher wznt to h o w how the NRC will respond in the event of a safety or reliability related finding 2s the uprate proceeds. Vale believe it is imperative that the plant's kcrexed power generation does not result in safety or reliability problsms.

addition, as the public m d the State of Vemoci h z x requested, ?hemC h s agreed to hold formal hearings on the Yankee Power uprate. The NRC's Atoaic S a k t y m d f i g (XSLE.1 ~m?d?ted

~ ~ ~ e n s iSsard 2204.X e ha-v= asked Ae ihc;~.;quests iz 'I=Js-.=mYber ASLB to set a hearing schedule immediately. The outc~meof the hearhgs has the patential to affect the terns md conditior,~of ths zprate, and Vermonters have a right tto the due process they deserge. We continue to urge the C o r i i s s i o n to rnai~teinits ability to revisw and inplerne~ltany ALSB decision, and to do so without delay.

The Honorable Nils J. Diaz Page 2 We look forward to a prompt reply.

Sincerely,

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

)

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

)

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO SENATOR JEFFORDS, SENATOR LEAHY, AND CONGRESSMAN SANDERS RESPONDING TO THEIR 03/08/06 LETTER REGARDING THE POWER UPRATE ACTIVITY AT VERMONT YANKEE 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. 50-271-0LA LETTER FROM ANNETTE L. VIETTI-COOK TO SENATOR JEFFORDS, SENATOR LEAHY, AND CONGRESSMAN SANDERS RESPONDING TO THEIR 03/08/06 LETTER REGARDING THE POWER UPRATE ACTIVITY AT VERMONT YANKEE 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. Terence A. Burke, Esq.

Law Clerk Associate General Counsel Atomic Safety and Licensing Board Panel Entergy Services, Inc.

Mail Stop - T-3 F23 1340 Echelon Parkway U.S. Nuclear Regulatory Commission Jackson, MS 39213 Washington, DC 20555-0001 Dated at Rockville, Maryland, this 4thday of April 2006