ML081070459

Entergy'S Response to Nec'S Motion to File a Timely New or Amended Contention

ML081070459
Person / Time
Site:	Vermont Yankee
Issue date:	04/10/2008
From:	Travieso-Diaz M Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS M-25
Download: ML081070459 (6)

Text

AAS Nf-AS6 DOCKETED USNRC April 10, 2008 (4:21prn) April 10, 2008 OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271 -LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

)

(Vermont Yankee Nuclear Power Station) )

ENTERGY'S RESPONSE TO, NEC'S MOTION TO FILE A TIMELY NEW OR AMENDED CONTENTION I. INTRODUCTION Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

(collectively "Entergy") submit this response, pursuant to 10 C.F.R. § 2.309(h)(1), to "New England Coalition, Inc.'s (NEC) Motion to File a Timely New or Amended Contention" dated March 17, 2008 ("NEC's Motion"). NEC's Motion seeks to amend in some unspecified manner Contention 2A in this proceeding to challenge the confirmatory environmentally assisted fatigue calculations for the feedwater nozzle at the Vermont Yankee Nuclear Power Station ("VY")

performed by Entergy in January 2008 after discussions with the NRC Staff.1 Entergy does not object to NEC challenging the confirmatory analysis performed in January 2008. However, the NEC filing does not set forth with any particularity NEC's allegations. NEC broadly claims that the confirmatory analysis "addresses only one issue: the uncertainty in calculation of CUF values used in Entergy's First CUFen Reanalysis resulting from the use of the Green Function. It does not address errors in Entergy's First CUFen Entergy agrees that the new proposed contention meets the timeliness requirements of 10 C.F.R. § 2.309(0(2).

Reanalysis resulting from several other factors identified in NEC's Contention 2A and the supporting Sixth Declaration of Dr. Joram Hopenfeld. See, Attachment 1 ¶¶7-10." NEC's Motion at 3. As we approach the hearing in this proceeding, a more precise definition of NEC's claim is both possible, desirable to produce a focused hearing, and required by the NRC rules.

See 10 C.F.R. § 2.309(f)(1)(i).

Entergy would not oppose a modification of NEC Contention 2A that specifically defines in what respects NEC claims that Entergy's fatigue calculations are deficient. Based on the Seventh Declaration of Dr. Joram Hopenfeld ("Hopenfeld Seventh Decl."), filed in support of NEC's Motion, the alleged deficiencies in the confirmatory analyses consist of "not address[ing]

the errors in calculation of the environmentally corrected usage factor, CUFen, due to the several factors I identified in my Sixth Declaration in support of NEC's Contention 2A." Hopenfeld Seventh Decl., ¶ 8. In turn, Dr. Hopenfeld's Sixth Declaration ("Hopenfeld Sixth Decl."), filed in September 2007, identified the following factors based on which Dr. Hopenfeld contends Entergy's refined calculations of environmentally assisted fatigue are deficient:

• Entergy's use of the statistical equations in NUREG/CR 6583 and 5704 to calculate the value of Fen instead of those in NUREG/CR-6909. (Hopenfeld Sixth Decl., ¶ 15.)

" Failure to account for mean stress, surface finish, size and loading history, as well as flow velocity, stress ratio, strain rate change, size and geometry, excursions from normal water chemistry, and data scatter. (Id., ¶ 17.)

" Improper use of statistical equations at "low oxygen and low temperatures." (Id.,

¶ 18.)

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" Failure to specify the error band on stress results arising from the use of Green's Functions (Id., ¶ 21.)

" Use of steady state heat transfer coefficients instead of ones applicable to transients. (Id., ¶ 24.)

o Uncertainties in temperatures and flow velocities. (Id., ¶ 25.)

" Increase in number of transients due to the power uprate. (Id., ¶ 26.)

• Need to calculate partial usage factor in each stress cycle. (Id., ¶ 27.)

These alleged deficiencies can be expressly set out in an amended contention 2A as follows:

Entergy's First CUFen Reanalyis is deficient because of: (1) Use of incorrect statistical equations; (2) Failure to account for mean stress, surface finish, size and loading history, flow velocity, stress ratio, strain rate change, size and geometry, excursions from normal water chemistry, and data scatter; (3) Improper use of equations at low oxygen levels and low temperatures; (4) Use of steady state heat transfer coefficients instead of those applicable to transients; (5) Uncertainties in temperatures and flow velocities: (6) Increase in number of transients due to the power uprate; (7)

Uncertainties in temperatures and flow velocities; (8) Need to calculate partial usage factor in each stress cycle; and (9) failure to specify the error band on stress results arising from the use of Green's functions. Except for the last item, the Confirmatory Analysis of the feedwater nozzle submitted by Entergy in January 2008 does not address these deficiencies. In addition, the confirmatory feedwater nozzle analysis does not bound the analyses for the spray and recirculation nozzles.

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Entergy would not oppose an amended contention worded in this manner so that that the issues to be adjudicated are properly specified.

Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz Blake J. Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Tel. (202) 663-8000 Dated: April 10, 2008 Counsel for Entergy 4

\.1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271-LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

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(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Response to NEC's Motion to File a Timely New or Amended Contention" and "Notice of Appearance of Blake J. Nelson" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 10 th day of April, 2007.

• Administrative Judge *Administrative Judge Alex S. Karlin, Esq., Chairman Dr. Richard E. Wardwell Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 ask2@,nrc.gov rew(cnrc.gov

• Administrative Judge *Secretary William H. Reed Att'n: Rulemakings and Adjudications Staff 1819 Edgewood Lane Mail Stop 0-16 C1 Charlottesville, VA 22902 U.S. Nuclear Regulatory Commission whrcville naembarqmail.com Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocket(anrc. gov

Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C I Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001

• Lloyd Subin, Esq. *Sarah Hofmann, Esq.

• Mary Baty, Esq. Director of Public AdVocacy Office of the General Counsel Department of Public Service Mail'Stop 0-15 D21 112 State Street - Drawer 20 U.S. Nuclear Regulatory Commission Montpelier, VT 05620-2601 Washington, D.C. 20555-0001 Sarah.hofmann(Ostate.vt.us LBS3 @anrc.gov; mcbl anrc.gov

• Anthony Z. Roisman, Esq. *Ronald A. Shems, Esq.

National Legal Scholars Law Firm *Karen Tyler, Esq.

84 East Thetford Road Shems, Dunkiel, Kassel & Saunders, PLLC Lyme, NH 03768 9 College Street aroisman cnationallegalschol ars.com Burlington, VT 05401 rshemsP~sdkslaw.com ktyler@sdkslaw.com

• Peter L. Roth, Esq. *Marcia Carpenter, Esq.

Office of the New Hampshire Attorney General Atomic Safety and Licensing Board Panel 33 Capitol Street Mail Stop T-3 F23 Concord, NH 03301 U.S. Nuclear Regulatory Commission Peter.roth((idoj.nh.gov Washington, D.C. 20555-0001 mxc7(@bnrc.gov Matias F. Travieso-I 2