ML100610670

G20100068/LTR-10-0039/EDATS: SECY-2010-0079 - NRC Response to T. Gurdziel Regarding Nrc'S Allegation Function

ML100610670
Person / Time
Site:	Vermont Yankee
Issue date:	03/02/2010
From:	David Lew Division Reactor Projects I
To:	Tom Gurdziel - No Known Affiliation
Barkley R
References
G20100068, LTR-10-0039, SECY-2010-0079
Download: ML100610670 (3)

Text

March 2, 2010 Mr. Thomas Gurdziel 9 Twin Orchard Drive Oswego, NY 13126

SUBJECT:

YOUR LETTER TO NRC CHAIRMAN GREGORY JACZKO REGARDING VERMONT YANKEE

Dear Mr. Gurdziel:

I was asked to respond to your letter to Chairman Jaczko dated January 31, 2010, and the Region I staffs handling of related concerns you raised prior to that date. Your letter expressed concerns with statements made by Entergy to the State of Vermont, and the manner in which this issue was handled by the staff.

In an electronic mail message to allegation@nrc.gov on January 15, 2010, you stated that, based on news reports, it appeared that the miscommunication provided by Entergy to a regulatory body (State of Vermont) was self-serving and wrong. Therefore, you were concerned that Entergy may not be providing fully correct information to involved regulatory bodies about groundwater contamination at its merchant plants. Your concern was transferred to the Region I office for review and response.

On January 21, 2010, Mr. Donald Jackson, the Branch Chief in my division responsible for the oversight of the Vermont Yankee facility, contacted you via telephone regarding your electronic mail message. He stated that an issue has to meet three criteria to be considered an NRC allegation, one of which is that the impropriety or inadequacy is associated with NRC-regulated activities. Since you referenced news reports regarding a miscommunication between Entergy and the State of Vermont, not with the NRC, it is not associated with an NRC-regulated activity.

Additionally, there was no specific information of any miscommunication by Entergy with the NRC; therefore, Mr. Jackson indicated that this matter did not constitute an NRC allegation.

Notwithstanding that determination, he explained that this matter was already receiving NRC attention and that the staff was determining whether information provided by Entergy to the NRC regarding the condition of buried piping and groundwater contamination has been complete and accurate.

In response to NRC questions in this matter, on February 22, 2010, Entergy provided the NRC a letter on its review of the accuracy of statements made by the company to the NRC in its License Renewal Application regarding buried piping at Vermont Yankee. On March 1, 2010, in light of information released by Entergy in a press release, dated February 24, regarding the results of an independent investigation initiated by the company of the veracity of statements made to the State of Vermont, we issued the enclosed Demand for Information to Entergy.

Under NRC regulations (see 10 CFR 50.9), applicants and licensees are required to submit information that is complete and accurate in all material respects (i.e., critical to meeting an NRC requirement). If a violation of NRC regulations is identified, it will be addressed in accordance with the NRC Enforcement Policy.

Mr. Thomas Gurdziel 2 We believe that current processes and the approach we are taking to evaluate if there are implications involving NRC-regulated activities associated with the miscommunication between Entergy and the State of Vermont are appropriate, and that the allegation process is not the proper avenue for evaluating this matter based on the information available to date. We understand your concerns in this matter and appreciate your inquiry. We take matters regarding the completeness and accuracy of information provided to the NRC very seriously, and will continue to evaluate this matter closely going forward as indicated by the enclosed Demand for Information.

Since you expressed concerns regarding our handling of your issue, this matter was provided to the NRC Office of the Inspector General (OIG). If you wish to discuss this matter further with the OIG, I urge you to contact them by any of the following methods:

Telephone: 1-800-233-3497 (OIG Hotline Number)

Online submission: http://www.nrc.gov/insp-gen/complaint.html Written: U.S. Nuclear Regulatory Commission Office of the Inspector General Hotline Program Mail Stop T5-D28 11545 Rockville Pike Rockville, MD 20852-2738 If you have any further questions in this matter, please contact Richard Barkley of this office at (610) 337-5065.

Sincerely,

/RA/

David C. Lew, Division Director Division of Reactor Projects

Enclosure:

NRC Demand for Information, dated March 1, 2010 cc: Distribution via Listserv

ML100610670 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE DRP:RPB4 DRP:DD RI:RC OE:AAA NAME R Urban D Lew K Farrar L Jarriel*

DATE 02/23/2010 03/02/2010 02/24/2010 03/02/2010 OFFICE RI:TCA NAME R Barkley DATE 02/22/2010