ML072920190
| ML072920190 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/06/2007 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Shadis R New England Coalition |
| kim J, NRR/ADRO/DORL, 415-4125 | |
| Shared Package | |
| ML072920218 | List: |
| References | |
| 2.206 Petition, G20070597, LTR-07-0568, TAC MD6608 | |
| Download: ML072920190 (12) | |
Text
November 6, 2007 Mr. Raymond Shadis Staff Technical Advisor New England Coalition P. O. Box 98 Edgecomb, ME 04556
Dear Mr. Shadis:
The petition from the New England Coalition (NEC) dated August 27, 2007, and addressed to Mr. Luis A. Reyes, Executive Director for Operations of the Nuclear Regulatory Commission (NRC or Commission) has been referred to me pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the Commissions regulations.
Your petition requested that the NRC promptly restore reasonable assurance of adequate protection of public health and safety that is now degraded by the failure of the licensee and its employees to report adverse conditions leading to a reduction in plant safety margins at the Vermont Yankee Nuclear Power Station (Vermont Yankee), or otherwise to order a derate or shutdown of Vermont Yankee until it can be determined to what extent Vermont Yankee is being operated in an unanalyzed condition. Specifically, the petition requested the following actions:
(1)
NRC completion of a Diagnostic Evaluation Team examination or Independent Safety Assessment of Vermont Yankee to determine the extent of condition of non-conformances, reportable items, hazards to safety, and the root causes thereof.
(2)
NRC completion of a safety culture assessment to determine why worker safety concerns were not previously reported and why assessments of safety culture under the Reactor Oversight Process failed to capture the fact or reasons that safety concerns have gone unreported.
(3)
Derate Vermont Yankee to 50% of licensed thermal power with a mandatory hold at 50%
until a thorough and detailed structural and performance analysis of the cooling towers, including the alternate cooling system, has been completed by the licensee; reviewed and approved by NRC; and until the above steps (1) and (2) have been completed.
(4)
NRC investigation and determination of whether or not similar non-conforming conditions and causes exist at other Entergy-run nuclear power plants.
Your petition requested that, if NRC cannot take prompt action through the 10 CFR 2.206 process, the NRC exercise its statutory discretion to halt power operation before screening NECs letter into the 2.206 process. As a basis for your request, your petition cited problems related to the inadequate performance of Vermont Yankee Inservice Inspection, Maintenance, Engineering, and Quality Assurance leading to a cooling tower cell collapse coupled with the employees assertion of degrading plant conditions inimical to public safety.
R. Shadis The NRCs Petition Review Board (PRB) met on September 6, 2007, to discuss the request for immediate action to derate or shutdown Vermont Yankee. On September 6, 2007, you were notified by telephone that the PRB denied your request for immediate action to derate or shutdown the Vermont Yankee Power Plant because the petition did not identify any safety hazards sufficient to warrant those actions. At the conclusion of the telephone call, you requested an opportunity to address the PRB to discuss your petition request.
By teleconference on September 12, 2007, you provided information to the PRB as further explanation and support for the NEC petition. The transcript of this teleconference is enclosed (Enclosure 2).
On September 25, 2007, the PRB convened to discuss the petition, including the information you provided in the teleconference on September 12, 2007, to determine whether to accept or reject the petition for consideration in the 2.206 process. On September 26, 2007, you were notified by telephone that the PRB decided to accept the petition in part. The PRBs initial recommendation was to reject action items (1), (2), and (4), which are the diagnostic evaluation team examination, safety culture assessment, and the NRC investigation at other Entergy facilities. These action items were rejected for review under the 2.206 process because these actions are not enforcement-related. However, the PRB has determined that the petition meets the criteria for review in Management Directive 8.11 with respect to a portion of action item (3).
Specifically, the PRB found that the facts presented in your petition related to the cooling tower cell collapse in action (3) were credible and sufficient to warrant further inquiry. Therefore, the PRB has decided to accept your petition request only with respect to the technical concerns associated with the cooling tower cell collapse.
On September 27, 2007, you accepted an opportunity to address the PRB by teleconference to provide any additional explanation and support for the request in light of the PRBs initial recommendations. By teleconference on October 3, 2007, you provided supplemental information and additional explanation to support your petition. The transcript of this teleconference is enclosed (Enclosure 3).
On October 17, 2007, the PRB reconvened to evaluate the petition, including the additional information you provided in the teleconference on October 3, 2007, to determine whether it should be reviewed under the 10 CFR 2.206 process. The PRB confirmed its initial recommendation to accept your petition request only with respect to the technical concerns associated with the cooling tower cell collapse because you did not provide any relevant or new information that would result in a change to the initial recommendation.
Your petition is being reviewed by the Division of Operating Reactor Licensing within the Office of Nuclear Reactor Regulation. I have assigned James Kim to be the petition manager for your petition. Mr. Kim can be reached at 301-415-4125.
R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.
For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition. Additionally, I have enclosed a copy of the brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. Federal Register Notice
- 2. Transcript of September 12, 2007, teleconference
- 3. Transcript of October 3, 2007, teleconference
- 4. NUREG/BR-0200 cc: See next page
R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.
For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition. Additionally, I have enclosed a copy of the brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. Federal Register Notice
- 2. Transcript of September 12, 2007, teleconference
- 3. Transcript of October 3, 2007, teleconference
- 4. NUREG/BR-0200 cc w/encls: See next page DISTRIBUTION: G20070597/LTR-07-0568 PUBLIC RidsNrrPMJKim RidsOgcMailCenter LPL1-1 R/F RidsNrrLASLittle RidsEDOMailCenter RidsNrrDorl TMensah, NRR RidsOpaMail RidsNrrDorlLpl1-1 RidsAcrsAcnwMailCenter RidsRgn1MailCenter RidsNrrDpr RidsNrrWpcMail RidsNrrOd RidsNrrDprPspb RidsOgcRp RidsOeMailCenter RidsNrrAdro Package: ML072920218
- ML072610466 Incoming: ML072420194
- ML072830584 Supplement: ML072780363
- ML013600445 Response and Enclosure 1: ML072920190 OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC DPR/DD DORL/D NRR/OD NAME JKim SLittle MKowal HNieh CHaney JDyer DATE 10/24/07 10/24/07 10/25/07 10/25/07 10/29/07 11/06/07 OFFICIAL RECORD COPY
Vermont Yankee Nuclear Power Station cc:
Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mr. David R. Lewis Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Mr. David O=Brien, Commissioner Vermont Department of Public Service 112 State Street Montpelier, VT 05620-2601 Mr. James Volz, Chairman Public Service Board State of Vermont 112 State Street Montpelier, VT 05620-2701 Chairman, Board of Selectmen Town of Vernon P.O. Box 116 Vernon, VT 05354-0116 Operating Experience Coordinator Vermont Yankee Nuclear Power Station 320 Governor Hunt Road Vernon, VT 05354 G. Dana Bisbee, Esq.
Deputy Attorney General 33 Capitol Street Concord, NH 03301-6937 Chief, Safety Unit Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Ms. Carla A. White, RRPT, CHP Radiological Health Vermont Department of Health P.O. Box 70, Drawer #43 108 Cherry Street Burlington, VT 05402-0070 Ms. Charlene D. Faison Manager, Licensing Entery Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601 Resident Inspector Vermont Yankee Nuclear Power Station U. S. Nuclear Regulatory Commission P.O. Box 176 Vernon, VT 05354 Director, Massachusetts Emergency Management Agency ATTN: James Muckerheide 400 Worcester Rd.
Framingham, MA 01702-5399 Jonathan M. Block, Esq.
Main Street P.O. Box 566 Putney, VT 05346-0566 Mr. John F. McCann Director, Nuclear Safety & Licensing Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael R. Kansler President & CEO / CNO Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213
Vermont Yankee Nuclear Power Station cc:
Mr. John T. Herron Sr. Vice President Entergy Nuclear Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. William F. Maguire General Manager, Plant Operations Entergy Nuclear Operations Vermont Yankee Nuclear Power Station 320 Governor Hunt Road Vernon, VT 05354 Mr. Oscar Limpias Vice President, Engineering Entergy Nuclear Operations 1340 Echelon Parkway Jackson, MS 39213 Mr. John A. Ventosa GM, Engineering Entergy Nuclear Operations 440 Hamilton Avenue White Plains, NY 10601 Mr. Joseph P. DeRoy VP, Operations Support Entergy Operations, Inc.
1340 Echelon Parkway Jackson, MS 39213 Mr. John R. Dreyfuss Director, NSA Entergy Nuclear Operations Vermont Yankee Nuclear Power Station 320 Governor Hunt Road Vernon, VT 05354 Mr. David J. Mannai Manager, Licensing Entergy Nuclear Operations Vermont Yankee Nuclear Power Station P.O. Box 500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Christopher Schwarz Vice President, Operations Support Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Michael J. Colomb Director of Oversight Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. William C. Dennis Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Mr. Theodore Sullivan Site Vice President Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station P.O. Box 500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. James H. Sniezek 5486 Nithsdale Drive Salisbury, MD 21801 Mr. Garrett D. Edwards 814 Waverly Road Kennett Square, PA 19348 Ms. Stacey M. Lousteau Treasury Department Entergy Services, Inc.
639 Loyola Avenue New Orleans, LA 70113
Vermont Yankee Nuclear Power Station cc:
Mr. Norman L. Rademacher Director, NSA Vermont Yankee Nuclear Power Station P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Raymond Shadis New England Coalition Post Office Box 98 Edgecomb, ME 04556 Mr. James P. Matteau Executive Director Windham Regional Commission 139 Main Street, Suite 505 Brattleboro, VT 05301 Mr. William K. Sherman Vermont Department of Public Service 112 State Street Drawer 20 Montpelier, VT 05620-2601 Mr. Michael D. Lyster 5931 Barclay Lane Naples, FL 34110-7306
7590-01-P U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-271 LICENSE NO. DPR-28 ENTERGY NUCLEAR VERMONT YANKEE, LLC AND ENTERGY NUCLEAR OPERATIONS, INC.
RECEIPT OF REQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated August 27, 2007, the New England Coalition (NEC or the petitioner) has requested that the Nuclear Regulatory Commission (NRC or the Commission) take action with regard to the Vermont Yankee Nuclear Power Station (Vermont Yankee). The NEC petition requested that NRC promptly restore reasonable assurance of adequate protection of public health and safety that is now degraded by the failure of the licensee and its employees to report adverse conditions leading to a reduction in plant safety margins at the Vermont Yankee Nuclear Power Station (Vermont Yankee), or otherwise to order a derate or shutdown of Vermont Yankee until it can be determined to what extent Vermont Yankee is being operated in an unanalyzed condition. Specifically, the petition requested the following actions: (1) NRC completion of a Diagnostic Evaluation Team examination or Independent Safety Assessment of Vermont Yankee to determine the extent of condition of non-conformances, reportable items, hazards to safety, and the root causes thereof; (2) NRC completion of a safety culture assessment to determine why worker safety concerns were not previously reported and why assessments of safety culture under the Reactor Oversight Process failed to capture the fact or reasons that safety concerns have gone unreported; (3) derate Vermont Yankee to 50% of licensed thermal power with a mandatory hold at 50% until a thorough and detailed structural and performance analysis of the cooling towers, including the alternate cooling system, has been completed by the licensee; reviewed
and approved by NRC; and until the above steps (1) and (2) have been completed; and (4) NRC investigation and determination of whether or not similar non-conforming conditions and causes exist at other Entergy-run nuclear power plants.
As a basis for the request, the petition cited problems related to the inadequate performance of Vermont Yankee Inservice Inspection, Maintenance, Engineering, and Quality Assurance leading to a cooling tower cell collapse coupled with the employees assertion of degrading plant conditions inimical to public health.
The request is being treated pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the Commissions regulations. The request has been referred to the Director of the Office of Nuclear Reactor Regulation. As provided by 10 CFR 2.206, appropriate action will be taken on this petition within a reasonable time. Mr. Raymond Shadis, in his capacity as the petitioners Staff Technical Advisor, participated in two telephone conference calls with the NRCs Petition Review Board (PRB) on September 12, 2007, and October 3, 2007, to discuss the petition and provide any additional explanation in light of the PRBs initial recommendation. The results of those discussions were considered in the PRBs determination regarding the petitioners request for action and in establishing the schedule for the review of the petition. The PRB confirmed its initial recommendation to reject action items (1), (2), and (4), which are the diagnostic evaluation team examination, safety culture assessment, and the NRC investigation at other Entergy facilities. These action items were rejected for review under the 2.206 process because these actions are not enforcement-related. However, the PRB has determined that the petition meets the criteria for review in Management Directive 8.11 with respect to a portion of action item (3). Specifically, the PRB found that the facts presented in the petition related to the cooling tower cell collapse in action (3) were credible and sufficient to warrant further inquiry.
A copy of the petition and supplement and the transcripts of the telephone conference calls are available for inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland and from the NRCs Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html (ADAMS Accession Nos. ML072420194, ML072780363, ML072610466, and ML07830584). Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to pdr@nrc.gov.
FOR THE NUCLEAR REGULATORY COMMISSION
/RA/
J. T. Wiggins, Deputy Director Office of Nuclear Reactor Regulation Dated at Rockville, Maryland This 6th day of November 2007.
ENCLOSURE 2 New England Coalition 2.206 Petition RE: Vermont Yankee ACCESSION: ML072610466
ENCLOSURE 3 2.206 Petition on Vermont Yankee ACCESSION: ML072830584
ENCLOSURE 4 Public Petition Process (NUREG/BR-0200, Rev. 4 ACCESSION: ML0713600445