ML083100679
| ML083100679 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/12/2008 |
| From: | Blount T Division of Policy and Rulemaking |
| To: | Tom Gurdziel - No Known Affiliation |
| Blount T NSIR/DPR 415-1501 | |
| Shared Package | |
| ML083100712 | List: |
| References | |
| 2.206, G20080493 | |
| Download: ML083100679 (3) | |
Text
November 12, 2008 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126
Dear Mr. Gurdziel:
In your letter to the Executive Director for Operations (EDO) of the Nuclear Regulatory Commission (NRC), dated July 17, 2008, you requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the NRCs regulations, that: (1) NRC immediately have the Entergy/Vermont Yankee nuclear plant shutdown if it turns out that Entergy tradesmen did not install a third bracket, (or anything else), that they were instructed to do either by written plans and instructions or by verbal instructions, and (2) NRC have the Federal Emergency Management Agency (FEMA) review and accept the existing Entergy/Vermont Yankee emergency siren system for population density coverage and sound level.
On July 20, 2008, you sent another 2.206 petition to the EDO of NRC and requested to have the FEMA review and accept the emergency sirens and public notification devices for all license extension applicants before the license is extended by the NRC, and also for those whose license has already been extended. The July 17, 2008, petition requested, in part, FEMA action regarding Vermont Yankee (VY) only. The July 20, 2008, petition expanded the request to include all license renewal plants. Since both petitions requested basically the same action, you agreed to combine the July 20 petition as a supplement to the original petition request of July 17, 2008. Both of your petitions were referred to the Office of Nuclear Reactor Regulation (NRR).
The NRCs Petition Review Board (PRB) met on July 24, 2008, to discuss your petition. Part of your July 17 petition and July 20 petition asked for FEMA to review the VY emergency siren system. Please be advised that the NRC cannot direct another Federal agency like FEMA to take an action. The 10 CFR 2.206 process is specifically for requests for the NRC to take enforcement action against a licensee or a person subject to the NRC regulatory authority.
You also requested that the NRC take immediate action to shutdown VY if it turns out that Entergy tradesmen did not install a third bracket, (or anything else), that they were instructed to do either by written plans and instructions or by verbal instructions. The NRC has had a special inspection team and NRC resident inspectors onsite to review the problems with the cooling towers. The PRBs initial recommendation was to deny the request for immediate shutdown because the affected cooling tower cell is not a safety-related component and the NRC inspectors had identified no safety hazard to warrant an immediate shutdown. The NRC staff informed you of this determination on July 24, 2008, at which time you requested an opportunity to address the PRB to discuss your petition request.
T. Gurdziel By teleconference on August 6, 2008, you provided information to the PRB as further explanation and support for your petition. The transcript of this teleconference is enclosed.
The PRBs final recommendation is that your request not be accepted for review pursuant to 10 CFR 2.206 for the following reasons:
(1) Request to shutdown VY if tradesmen did not install a bracket should not be accepted for review under 2.206 because you did not provide facts sufficient to constitute a basis for the request. The inspection report identified no violation concerning bracket installation.
(2) Request that FEMA review and accept VY emergency siren system for population density coverage and sound level does not meet the criteria for acceptance because the request is not for an NRC enforcement type action, but for action by another Federal agency, and because you fail to set forth facts which indicate any potential violation of NRC requirements or nuclear safety hazard.
After the leak in a water pipe in the east cooling tower was discovered at VY on July 11, 2008, an NRC special inspection team was dispatched to VY and conducted onsite inspection for a 4-day period (July 14 through July 17, 2008), with subsequent in-office review through October 8, 2008. The inspection results are documented in the NRC Special Inspection Report 05000271/2008009, dated October 10, 2008 (ADAMS Accession No. ML082840367). The inspection identifies a finding of very low safety significance titled Inadequate Design Change Review Causes Failure of Circulating Water System Pipe Supports for Entergys failure to provide detailed drawings or instructions supported by engineering calculations to implement a design change affecting the circulating water pipe horizontal support design.
The results of the NRC inspection, as documented in the inspection report, identified no violation of regulatory requirements because the event involved non-safety-related systems.
Entergy entered this condition into their corrective action program. Corrective actions included inspection of the cooling tower piping and structural components for deficiencies and repairing or replacing components as necessary; revising engineering procedures to strengthen controls when using the work-at-risk clause for significant projects; revising the operations inspection procedure to include verification of proper saddle support configuration including the three clip design; and developing measures to ensure contractor workers are aware of the expectation to write condition reports for any configuration issues.
Based on the above, the PRB has decided to deny your request to shutdown VY and your concern regarding the Entergy tradesmen not following instructions has been adequately resolved such that no further action is needed.
T. Gurdziel Thank you for your interest in these matters.
Sincerely,
/RA/
Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosure:
As stated cc w/encl: Distribution via ListServ
T. Gurdziel Thank you for your interest in these matters.
Sincerely,
/RA/
Thomas Blount, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271
Enclosure:
As stated cc w/encl: Distribution via ListServ Package: ML083100712 Response: ML083100679 Incoming: ML082040628
Enclosure:
ML082840265 Supplement: ML082110420 OFFICE LPL1-1/PM LPL1-1/LA R1/BC LPL1-1/BC DPR/DD NAME JKim SLittle DJackson MKowal TBlount DATE 11/05/08 11/06/08 Via e-mail 11/06/08 Via e-mail 11/07/08 11/12/08 OFFICIAL RECORD COPY
LETTER TO MR. GURDZIEL DATED DISTRIBUTION: G20080493/EDATS: OEDO-2008-0549 G20080508/EDATS: OEDO-2008-0566 PUBLIC LPL1-1 R/F RidsNrrDorl RidsNrrDorlLpl1-1 RidsNrrDpr RidsNrrDprPspb RidsNrrAdro RidsNrrPMJKim RidsNrrLASLittle (hard copy)
TMensah, NRR RidsAcrsAcnwMailCenter RidsNrrMailCenter Resource RidsOgcRp RidsOgcMailCenter RidsEDOMailCenter RidsOpaMail RidsRgn1MailCenter RidsNrrOd RidsOeMailCenter