ML102160269
| ML102160269 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/06/2010 |
| From: | Quay T Division of Policy and Rulemaking |
| To: | Leyse M, Shadis R - No Known Affiliation |
| Boska J, NRR, 301-415-2901 | |
| References | |
| EDATS: OEDO-2010-0476, G20100368, OEDO-2010-0476 | |
| Download: ML102160269 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 6, 2010 Mr. Mark E. Leyse P.O. Box 1314 New York, NY 10025 Mr. Raymond Shadis P.O. Box 98 Edgecomb, ME 04556
Dear Mr. Leyse and Mr. Shadis:
In a letter addressed to Mr. R. William Borchardt, the Executive Director for Operations at the U.S. Nuclear Regulatory Commission (NRC), dated June 7,2010, you submitted a petition request pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the NRC's regulations on behalf of the New England Coalition asking that enforcement action be taken against the Vermont Yankee Nuclear Power Station (VYNPS). You requested that the NRC order the licensee of VYNPS to lower the licensing basis peak cladding temperature (LBPCT) of VYNPS in order to provide a necessary margin of safety in the event of a loss-of coolant accident (LOCA). As the basis for your request, you reviewed experimental data from which you concluded that VYNPS's LBPCT of 1960 of does not provide a necessary margin of safety, primarily due to the autocatalytic properties of the zirconium-water reaction associated with the fuel cladding. Your petition request was referred to the Office of Nuclear Reactor Regulation's (NRR's) Petition Review Board (PRB) and is publicly available in the NRC's Agencywide Documents Access and Management System (ADAMS) under Accession No. ML101610121.
On June 23, 2010, you participated in a teleconference with the PRB and provided information in support of your petition. The transcript of that teleconference is available in ADAMS under Accession No. ML101890014. That discussion was considered by the PRB in deciding if the petition request meets the criteria for acceptance under 10 CFR 2.206. The PRB's initial recommendation was that the petition did not meet the criteria for reviewing petitions under 10 CFR 2.206, because there is another NRC proceeding (rulemaking) in which the petitioners could be a party and through which the petitioner's concerns could be addressed.. On July 8, 2010, the petition manager informed you of the PRB's initial recommendation and offered you another opportunity to address the PRB. On July 26,2010, you participated in another teleconference with the PRB, where the initial recommendation was discussed and you provided additional information in support of your petition. The transcript of that teleconference is available in ADAMS under Accession No. ML102140405.
The PRB's final recommendation is that your petition does not meet the criteria for review under 10 CFR 2.206 because you submitted generic safety concerns that require revisions to existing NRC rules, which are properly handled through a petition for rulemaking. Petitions for rulemaking are submitted in accordance with 10 CFR 2.802. NRC rule 10 CFR 50.46, "Acceptance criteria for emergency core cooling systems for light-water nuclear power reactors,"
sets forth the NRC requirements applicable to this petition. The PRB notes that Mr. Leyse has previously submitted a petition for rulemaking on this topic, dated November 17, 2009, which
M. Leyse/R. Shadis
- 2 the NRC has designated as petition PRM 50-93. The PRB finds no evidence that VYNPS is in violation of 10 CFR 50.46. As VYNPS is in compliance with 10 CFR 50.46, the PRB concludes that there is adequate protection of public health and safety.
The PRB has forwarded your 10 CFR 2.206 petition to the rulemaking branch responsible for PRM 50-93, so that any additional information contained in this petition can be considered during the review of PRM 50-93. The NRC staff will communicate with Mr. Leyse periodically to advise him of the status of his petition for rulemaking.
Thank you for your interest in these matters.
Sincerely, Theodore R. Quay, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271 cc: Distribution via Listserv
M. Leyse/R. Shadis
- 2 the NRC has designated as petition PRM 50-93. The PRB finds no evidence that VYNPS is in violation of 10 CFR 50.46. As VYNPS is in compliance with 10 CFR 50.46, the PRB concludes that there is adequate protection of public health and safety.
The PRB has forwarded your 10 CFR 2.206 petition to the rulemaking branch responsible for PRM 50-93, so that any additional information contained in this petition can be considered during the review of PRM 50-93. The NRC staff will communicate with Mr. Leyse periodically to advise him of the status of his petition for rulemaking.
Thank you for your interest in these matters.
Sincerely, IRA!
Theodore R. Quay, Deputy Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-271 cc: Distribution via Ustserv DISTRIBUTION: G20100368/EDATS: OEDO-2010-0476 PUBLIC LPL 1-1 R/F Ridsl'JrrDorl RidsNrrDorlLpl1-1 RidsNrrPMJBoska RidsNrrLASLittie RidsOGCMailCenter RidsEDOMailCenter RidsOeMailCenter RidsOiMailCenter RidsOpaMail RidsRgn1 MailCenter RidsNrrPMJKim RidsNrrMailCenter RidsNrrOd RidsNrrAdro RidsNrrAdes TQuay TMensah TSetzer RDudley BKlukan SWu Packaqe: ML102160280 ncormnc : ML101610121 L tt e er: ML102160269
- V*ra ernai OFFICE LPL1-1/PM LPL1-1/LA LPL 1-1/BC*
2.206 Coord*
NAME JBoska SUttle NSalqado TMensah DATE 8/6/10 8/4/10 8/6/10 8/5/10 OFFICE DDIDPR NAME TQuay DATE 8/6/10 Official Record Copy