ML091320203

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Request for Additional Information to Support the Review of the Vermont Yankee Nuclear Power Station Uprate to Vermont Yankee Spent Fuel Management Plan
ML091320203
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/20/2009
From: James Kim
Plant Licensing Branch 1
To:
Entergy Nuclear Operations
kim j
References
TAC ME1123
Download: ML091320203 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 20, 2009 Vice President, Operations Entergy Nuclear Operations, Inc.

Vermont Yankee Nuclear Power Station P.O. Box 250 Governor Hunt Road Vernon, VT 05354

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION TO SUPPORT THE REVIEW OF THE VERMONT YANKEE NUCLEAR POWER STATION UPDATE TO VERMONT YANKEE SPENT FUEL MANAGEMENT PLAN (TAC NO. ME1152)

Dear Sir or Madam:

By letter dated April 1, 2009, Entergy Nuclear Operations, Inc. (the licensee) submitted the update to Vermont Yankee Nuclear Power Station Spent Fuel Management Plan.

The Nuclear Regulatory Commission staff has been reviewing the submittal and has determined that additional information is needed to complete its review. The specific questions are found in the enclosed request for additional information (RAI). A response to this RAI is requested to be provided within 90 days.

Sincerely, 4~/~

James Kim, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosure:

As stated cc w/encl: Distribution via ListServ

REQUEST FOR ADDITIONAL INFORMATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION TO SUPPORT THE REVIEW OF THE VERMONT YANKEE NUCLEAR POWER STATION UPDATE TO VERMONT YANKEE SPENT FUEL MANAGEMENT PLAN In reviewing the Vermont Yankee (VY) submittal entitled, "Update to Vermont Yankee Spent Fuel Management Plan" dated April 1, 2009, (BVY 09-022) which addressed VY's Preliminary Decommissioning Cost Estimate and Irradiated Fuel Management Plan in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Sections 50.75(f)(3) and 50.54(bb) for the Vermont Yankee Nuclear Power Station, the Nuclear Regulatory Commission (NRC) staff has determined that the following information is needed in order to complete its review.

RAI No.1 The NRC regulations allow a licensee to take a 2% real rate of return credit on investments unless a higher rate is authorized by a regulated licensee's public utility commission. Vermont Yankee applied a 2% real rate of return on the trust fund balance plus the additional projected contributions/reimbursement from Department of Energy (DOE) and deducted the decommissioning and spent fuel management costs identified in the Attachment 1: Scenario 5.

The contributions from DOE are based on an assumption that liability was established based on the fact that U.S. Court of Federal Claims entered a judgment in favor of VY and against DOE.

Since VY's analysis indicates sufficient funds are not available to address the decommissioning costs and spent fuel management costs without the DOE's reimbursement, what mechanism has VY established to address the funding shortfall since the liability judgment does not guarantee the payment of damages in any certain amount or any payment date, and it could be overturned?

RAI No.2:

While Entergy's submittal (BVY 09-022) for Vermont Yankee dated April 1, 2009, included a cost estimate for a 2012 shutdown and an extended SAFSTOR period, the submittal did not include the plan, as required by 10 CFR 50.75(f)(5), to adjust funding levels to demonstrate a reasonable level of financial assurance, when the plan appears to be necessary. Due to the recent drop in the Trust Fund to $372.01 million as of December 31,2008, documented in the March 30, 2009, submittal (ENOC-09-0007), the plan should reflect the mechanism for adjusting funding.

Enclosure

May 20,2009 Vice President, Operations Entergy Nuclear Operations, Inc.

Vermont Yankee Nuclear Power Station P.O. Box 250 Governor Hunt Road Vernon, VT 05354

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION TO SUPPORT THE REVIEW OF THE VERMONT YANKEE NUCLEAR POWER STATION UPDATE TO VERMONT YANKEE SPENT FUEL MANAGEMENT PLAN (TAC NO. ME1152)

Dear Sir or Madam:

By letter dated April 1, 2009, Entergy Nuclear Operations, Inc. (the licensee) submitted the update to Vermont Yankee Nuclear Power Station Spent Fuel Management Plan.

The Nuclear Regulatory Commission staff has been reviewing the submittal and has determined that additional information is needed to complete its review. The specific questions are found in the enclosed request for additional information (RAI). A response to this RAI is requested to be provided within 90 days.

Sincerely, IRA!

James Kim, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosure:

As stated cc w/encl: Distribution via ListServ DISTRIBUTION:

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NAME JKim SLittie JBoska DATE 5/14/09 5/13/09 5/20/09 OFFICIAL RECORD COpy