ML080990465
| ML080990465 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 04/28/2008 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Shadis R New England Coalition |
| Kim J, NRR/DORL, 415-4125 | |
| Shared Package | |
| ml080990488 | List: |
| References | |
| 2.206, G20070597, LTR-07-0568, TAC MD6608 | |
| Download: ML080990465 (7) | |
Text
April 28, 2008 Mr. Raymond Shadis Consultant to New England Coalition on Nuclear Pollution P.O. Box 98 Edgecomb, ME 04556
Dear Mr. Shadis:
This letter responds to the petition filed by you, on behalf of the New England Coalition on Nuclear Pollution (NEC), with the Executive Director for Operations of the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR) on August 27, 2007. The petition was supplemented on October 3, 2007.
NEC requested that the NRC promptly restore reasonable assurance of adequate protection of public health and safety. You claim that this assurance is now degraded by the failure of the licensee and its employees to report adverse conditions, which led to a reduction in plant safety margins at the Vermont Yankee Nuclear Power Station (Vermont Yankee). The petition requests that the NRC should order a derate or shutdown of Vermont Yankee until the NRC can determine to what extent Vermont Yankee is being operated in an unanalyzed condition.
Specifically, the petition requested the following NRC 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.
As the petitioners consultant, you discussed the petition with the NRCs Petition Review Board (PRB) during two telephone conference calls on September 12, 2007, and October 3, 2007.
The PRB included the results of those discussions when it considered the Petitioners request for action and determined the review schedule for the petition. The PRB treated these transcripts for the teleconferences as supplements to the petition.
R. Shadis On November 6, 2007, the NRC staff acknowledged receiving your petition. The petition was being referred to the Office of Nuclear Reactor Regulation (NRR) for appropriate action and that it would be acted upon within a reasonable time, pursuant to 10 CFR 2.206. After full consideration of the petition, NRR denied the petition, except for the part related to the request for the NRC staffs review of Entergys evaluation and analysis of the partial collapse of a cooling tower cell and its associated causes.
The NRC staff completed its evaluation and forwarded a copy of the proposed Directors Decision (DD) to you for comment on February 29, 2008. The NRC staff did not receive any comments on the proposed DD.
The final DD is enclosed and addresses the requested action (3) as follows: As a basis for request (3), the NRC determined that Entergy failed to effectively implement industry operating experience into the cooling tower (CT) inspection program and processes. The NRC documented this non-cited violation (NCV) in NRC Integrated Inspection Report 05000271/2007004, Inadequate Inspection Program Resulted in the Partial Collapse of a Non-Safety-Related Cooling Tower Cell, dated November 7, 2007 (ADAMS Accession No. ML073110213). This violation was treated as an NCV in accordance with Section VI.A.1 of the NRC Enforcement Policy because it was considered to have very low safety significance and was entered into Entergys corrective action program. The NRCs review of this CT collapse is further documented in the NRC Integrated Inspection Report 05000271/2007005, dated January 31, 2008 (ADAMS Accession No. ML080310363). The NRC inspectors reviewed Entergys Root Cause Analysis (RCA) for the partial collapse of CT cell 2-4, and a separate RCA for the human performance deficiencies identified during Entergys review of the event.
The NRC inspectors evaluated the thoroughness of the RCAs, including the extent-of-condition, and the completed and planned corrective actions, including those actions to preclude recurrence. Corrective actions included a physical inspection of both safety-related and non-safety-related CTs, focusing on B and C columns in the fill area where a partial collapse of CT cell 2-4 occurred, and the repair of identified structural components; the incorporation of operating experience into procedures for future inspections; the assurance of all identified CT deficiencies are documented in the corrective action program; and planned completion of a corrective action effectiveness review within 1 year. Note that CT cell 2-4, which collapsed on August 21, 2007, was non-safety-related. The NRC inspectors considered the investigations associated with the RCAs to be detailed and thorough, and found Entergys completed and planned corrective actions for future inspections to be acceptable. Based on this inspection, the NRC staff finds that the Petitioners concerns have been adequately addressed by Entergys RCAs and corrective actions.
A copy of DD-08-01 will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206(c). As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in this letter and the enclosed DD are available for inspection at the Commissions Public Document Room 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 NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
R. Shadis I have also enclosed a copy of the notice of Issuance of Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Sincerely,
/ra/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. DD-08-01
- 2. Federal Register Notice cc: Licensee (w/copy of incoming 2.206 request)
See next page
R. Shadis I have also enclosed a copy of the notice of Issuance of Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Sincerely,
/ra/
J. E. Dyer, Director Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosures:
- 1. DD-08-01
- 2. Federal Register Notice cc: Licensee (w/copy of incoming 2.206 request)
See next page DISTRIBUTION: G20070597/LTR-07-0568 PUBLIC RidsNrrPMJKim RidsOgcMailCenter LPL1-1 R/F RidsNrrLASLittle RidsEDOMailCenter RidsNrrDorl TMensah, NRR RidsOpaMail RidsNrrDorlLpl1-1 RidsRgn1MailCenter RidsAcrsAcnw&mMailCenter RidsNrrDpr RidsNrrWpcMail RidsNrrOd RidsNrrDprPspb RidsOgcRp RidsOeMailCenter RidsNrrAdro RidsNrrAdes RidsOcaMailCenter E. Julian, SECY NrrWebServices Package: ML080990488 Incoming: ML072420194 (R. Shadis Letter)
Supplement: ML072780363 (Supplement from R. Shadis)
Letter: ML080990465 (Cover Letter) : ML081050456 (Final Directors Decision) : ML081050476 (Federal Register Notice)
OFFICE LPL1-1/PM LPL1-1/LA LPL1-1/BC DPR/DD DORL/D Tech Editor NRR/D NAME JKim SLittle MKowal HNieh CHaney HChang JDyer DATE 4/15/08 4/16/08 4/15/08 4/16/08 4/22/08 4/25/08 4/28/08 OFFICIAL RECORD COPY
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. Ms. Charlene D. Faison Washington, DC 20037-1128 Manager, Licensing Entery Nuclear Operations Mr. David O=Brien, Commissioner 440 Hamilton Avenue Vermont Department of Public Service White Plains, NY 10601 112 State Street Montpelier, VT 05620-2601 Resident Inspector Vermont Yankee Nuclear Power Station Mr. James Volz, Chairman U. S. Nuclear Regulatory Commission Public Service Board P.O. Box 176 State of Vermont Vernon, VT 05354 112 State Street Montpelier, VT 05620-2701 Director, Massachusetts Emergency Management Agency Chairman, Board of Selectmen ATTN: John Giarrusso Town of Vernon 400 Worcester Rd.
P.O. Box 116 Framingham, MA 01702-5399 Vernon, VT 05354-0116 Jonathan M. Block, Esq.
Operating Experience Coordinator Main Street Vermont Yankee Nuclear Power Station P.O. Box 566 320 Governor Hunt Road Putney, VT 05346-0566 Vernon, VT 05354 Mr. John F. McCann G. Dana Bisbee, Esq. Director, Nuclear Safety & Licensing Deputy Attorney General Entergy Nuclear Operations, Inc.
33 Capitol Street 440 Hamilton Avenue Concord, NH 03301-6937 White Plains, NY 10601 Chief, Safety Unit Mr. Michael R. Kansler Office of the Attorney General President & CEO / CNO One Ashburton Place, 19th Floor Entergy Nuclear Operations Boston, MA 02108 1340 Echelon Parkway Jackson, MS 39213
Vermont Yankee Nuclear Power Station cc:
Mr. John T. Herron Mr. Christopher Schwarz Sr. Vice President Vice President, Operations Support Entergy Nuclear Operations, Inc. Entergy Nuclear Operations, Inc.
1340 Echelon Parkway 440 Hamilton Avenue Jackson, MS 39213 White Plains, NY 10601 Mr. William F. Maguire Mr. Michael J. Colomb General Manager, Plant Operations Director of Oversight Entergy Nuclear Operations Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station 440 Hamilton Avenue 320 Governor Hunt Road White Plains, NY 10601 Vernon, VT 05354 Mr. William C. Dennis Mr. Oscar Limpias Assistant General Counsel Vice President, Engineering Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations 440 Hamilton Avenue 1340 Echelon Parkway White Plains, NY 10601 Jackson, MS 39213 Mr. Theodore Sullivan Mr. John A. Ventosa Site Vice President GM, Engineering Entergy Nuclear Operations, Inc.
Entergy Nuclear Operations Vermont Yankee Nuclear Power Station 440 Hamilton Avenue P.O. Box 500 White Plains, NY 10601 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Joseph P. DeRoy VP, Operations Support Mr. James H. Sniezek Entergy Operations, Inc. 5486 Nithsdale Drive 1340 Echelon Parkway Salisbury, MD 21801 Jackson, MS 39213 Mr. Garrett D. Edwards Mr. John R. Dreyfuss 814 Waverly Road Director, NSA Kennett Square, PA 19348 Entergy Nuclear Operations Vermont Yankee Nuclear Power Station Ms. Stacey M. Lousteau 320 Governor Hunt Road Treasury Department Vernon, VT 05354 Entergy Services, Inc.
639 Loyola Avenue Mr. David J. Mannai New Orleans, LA 70113 Manager, Licensing Entergy Nuclear Operations Vermont Yankee Nuclear Power Station P.O. Box 500 185 Old Ferry Road Brattleboro, VT 05302-0500
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
Directors Decision ADAMS Accession Number ML081050456
Federal Register Notice ADAMS Accession Number ML081050476