ML062150511

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Letters from Annette L. Vietti-Cook, Dated 04/06/06, to Six Massachusetts State Senators and Representatives Responding to Their 03/22/2006 Letter (Enclosed) Urging the Commission to Conduct an Independent Safety Assessment of Vermont Yanke
ML062150511
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 04/06/2006
From: Annette Vietti-Cook
NRC/SECY
To:
Julian E
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 12063
Download: ML062150511 (10)


Text

UNITEQ STATES NUCLEAR REGULATQRY COMNISS!QN WASHINGTON, D.C. 20555-0001 April 6, 2006 DOCKETED

- +-A**+ USNRC SECRETARY August 3, 2006 (924am)

OFFICE OF SECRETARY RULEMAKINGS AND The Honorable Stanley C. Rosenberg ADJUDICATIONS STAFF State Senator The Commonwealth of Massachusetts Senate SERVED August 3,2006 State House, Room 320 Boston, MA 02133 Docket No. 50-271-0LA

Dear Mr. Rosenberg:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, in which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directiy to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental scheduling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 6, 2006 SECRETARY The Honorable Andrea F. Nuciforo, Jr.

State Senator The Commonwealth of Massachusetts Senate State House, Room 213-6 Boston. MA 02133

Dear Mr. Nuciforo:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, in which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directly to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental scheduling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

UNITED STATES REGULATORY CQMM WASHINGTON, D.C. 20555-0001 April 6, 2006 The Honorable Denis E. Guyer State Representative The Commonwealth of Massachusetts House of Representatives State House, Room 134 Boston, MA 021 33

Dear Mr. Guyer:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, In which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directly to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental scheduling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

UNITED STAPES NUCLEAR REGULATORY COMMlSSlON WASHINGTON, D,C. 20555-0001 April 6, 2006

' +**++ '

SECRETARY The Honorable Christopher J. Donelan State Representative The Commonwealth of Massachusetts House of Representatives State House, Room 146 Boston. MA 02133-1054

Dear Mr. Donelan:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, in which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directly to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental scheduling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205554001 April 6, 2006 SECRETARY The Honorable Stephen Kulik State Representative The Commonwealth of Massachusetts House of Representatives State House, Room 473F Boston. MA 02133

Dear Mr. Kulik:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, in which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directly to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental sched~lling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0003 April 6, 2006 SECRETARY The Honorable Daniel E. Bosley State Representative The Commonwealth of Massachusetts House of Representatives State House, Room 42 Boston, MA 02 133

Dear Mr. Bosley:

This is in response to your letter to Chairman Nils J. Diaz dated March 22, 2006, in which you urge the Commission to conduct an Independent Safety Assessment of the Vermont Yankee Nuclear Power Station. The Nuclear Regulatory Commission staff will address the specific concerns referenced in your letter and will reply directly to you.

On March 14, 2006, an Atomic Safety and Licensing Board issued a supplemental scheduling order establishing a September and October time-frame for evidentiary hearings in the Vermont Yankee proceeding. Under NRC procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Board.

Because of that role, the Commissioners must remain impartial during the pendency of a case, whether it is before a Licensing Board Panel or on appeal to the Commission, and 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 parties to the proceeding.

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

Dr. Nils J. Dinz. Chairman Nuclear Reci11ato1-yConimission One White Flint North 1 1555 Rock~il!ePike Rockville, hkq-land 20852-2738 Dear Dr. Diaz.

As the elected State Legislators for the Massachi~settscommunities that lie within the 1 O mil^ rxlius of the Verinont Y a ~ ~ l N~ e~el e a Power r Plant and \LC!! w t l l ~ n!he arm ! ! ~ t could be impacted based on wind and weather patterns, \sic writc to you todaj- to express our contini~edconcern regarding the uprate of the Vermont h'ankee Plant.

For t u o years. \ye have been on the rccord asking ibr an independent safety assessment of this plant. M'e ha\e asked tlirtt this be completed prior to any life eutension of the Vernon Plant, and certainly prior to needed approval for the plant to increase poll er.

Our concerns \verc highlighted this past simmer nhen the plant nent into shutdown because ofthe failure of a transformer. The failure of this piece ofequipment \vas due to its age. Age is tlie overriding concern for tlie entii-e plant.

This 1~1ont11.the NRC approved the uprate. The Plant increased poner by 50T,1and had to stop because of an unexpected vibration in the steam line. 4gai1:. qi~eslionsas to wlletlier this aged plant can withstand extended lik and increased pouer.

Our concerns are reilewed this 1vet.k because one of the nlemhers ol'tlle Nuclear Regulatory Coinmission has called for a re-examination ofthe uprate appro\d. Concern Lvas expressed G \ W the h c t that thc uprate has been approved and the process to increase power Xias alseady begun. e l en though appeals are pending and there are issues regarding the inspectiol; that have jet to be resolied.

Our overriding concern is the public safety of the people of Massachusetts and Sout11e1-n Venllont. With the plant on hold at 105% due to vibration, and a Commissioner of the NRC calling the process into question, we feel the future of this plant and of the residents of Westenl Massacllusetts are placed in needless jeopardy.

We ask again, for a11 independent safety assessment of The Vermont Yankee Nuclear Power Plant. An assessment independent of Entergy Corp. and independent of The Nuciear Reguiatory Commission. The p ~ h i i chas rile righr ro tile assurance rhat this pianr

- - .a-+,c x-a I-,.

L l u tllc right to d c i x a ~ d this pl-occss stop if tbc plant is dzcmcd ~ i ~ afor fc increased power.

We look forward to your response.

Sincerely, State ~ e b ~ d e n t a t i v e Denis Guyer --_

State Representative State Representative ,d Cc: Congressman Olver Congrcssma~~ Neal Senatos Kennedy Senator Kel-ry

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

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

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(Vermont Yankee Nuclear Power Station) 1 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTERS FROM ANNETTE L. VIETTI-COOK, DATED 04/06/06, TO SIX MASSACHUSETTS STATE SENATORS AND REPRESENTATIVES RESPONDING TO THEIR 03/22/06 LETTER (ENCLOSED) URGING THE COMMISSION TO CONDUCT AN INDEPENDENT SAFETY ASSESSMENT OF VERMONT YANKEE NUCLEAR POWER STATION have been served upon the following persons by deposit in the 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 8571 8 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sherwin E. Turk, Esq. Raymond Shadis Steven C. Hamrick, Esq. New England Coalition Office of the General Counsel P.O. Box 98 Mail Stop 15 D21 Edgecomb, ME 04556 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket No. 50-271-0LA LETTERS FROM ANNETTE L. VIETTI-COOK, DATED 04/06/06, TO SIX MASSACHUSETTS STATE SENATORS AND REPRESENTATIVES RESPONDING TO THEIR 03/22/06 LETTER (ENCLOSED) URGING THE COMMISSION TO CONDUCT AN INDEPENDENT SAFETY ASSESSMENT OF VERMONT YANKEE NUCLEAR POWER STATION 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. Scott A. Vance, Esq.

Lyme, NH 03768 Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1 128 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 Office of the &retary of the Commission Dated at Rockville, Maryland, this 31dday of August 2006