ML102350218

G20100522/LTR-10-0372/EDATS: SECY-2010-0417 - Ltr to Rep. Sarah Edwards Fm Chairman Jaczko Questions Regarding the Operations of Vermont Yankee

ML102350218
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	02/07/2011
From:	Jaczko G NRC/Chairman
To:	Edwards S State of VT, House of Representatives
Barkley R
Shared Package
ML102350202	List: ML102350218
References
EDATS: SECY-2010-0417, G20100522, LTR-10-0372, CORR-10-0077
Download: ML102350218 (2)

Text

February 7, 2011 The Honorable Sarah Edwards Vermont House of Representatives Montpelier, Vermont 05633

Dear Ms. Edwards:

I apologize for the delay in responding to your letter dated August 2, 2010, regarding my trip to Brattleboro, Vermont. It was a pleasure meeting you and the representatives of various organizations concerned about the operation of the Vermont Yankee Nuclear Plant, during our roundtable discussion on July 14, 2010. I am glad to hear that representatives of these organizations very much appreciated the open dialogue at the meeting. I did too.

In your letter, you listed four requests originating from that roundtable meeting. Those requests were that: (1) the NRC should cease consideration of Entergys relicensing application and turn all regulatory focus toward ensuring safety during the transition to closure of Vermont Yankee; (2) the NRC should compile and disseminate a detailed plan for closure of Vermont Yankee; (3) the NRC should work with State and local government officials and others to form an advisory panel to monitor activities directed toward a safe transition to closure of Vermont Yankee; and (4) the NRC should prepare and distribute monthly reports to update the public and elected officials about the closure process.

Regarding these four specific requests, let me first address the issue of the license renewal application for Vermont Yankee. The NRC staff received the license renewal application for Vermont Yankee in January 2006. A hearing was held before the Atomic Safety and Licensing Board Panel (ASLB) in July 2008. The ASLB decisions were subsequently appealed, and in July 2010 the Commission remanded one issue back to the ASLB. The ASLB entertained additional filings following the remand, and recently issued its final decision in the case. That decision currently is before the Commission on appeal. Given that the Commission will address the appeal in its adjudicatory capacity, it would be inappropriate for me to discuss or comment on Vermont Yankee's license renewal application at this time Your second request was that the NRC compile and disseminate a detailed plan for the closure of Vermont Yankee in the near future. However, as the facility continues to have a valid NRC license through March 21, 2012, and Entergy has not communicated its intention to terminate the license before that date, it would be premature at this time to take such an action.

The agencys focus continues to be on ensuring that the facility is safely operated up until license termination. Following any announcement of the planned termination of licensed operations at Vermont Yankee, or as the license expiration approaches, the NRC will ensure the inspection program continues to focus on the safe operation of the facility as well as establishing new inspection priorities on the safe defueling for the reactor, the transfer of that spent fuel to an independent spent fuel storage installation, and the subsequent decommissioning of the facility. Prior to the start of major decommissioning activities, Entergy is required by 10 CFR 50.82(a)(4) to provide a written report which must include a description of

planned decommissioning activities, a schedule for their accomplishment, an estimate of the decommissioning costs, and a discussion that provides the reasons for concluding that the environmental impacts associated with site-specific decommissioning will be bounded by appropriate previously issued environmental impact statements. This documentation, and the NRCs review of the licensees plan, will be publicly available. In addition, the regulation requires this written report be available for public comment, and the NRC will hold a public meeting to discuss the scheduled activities.

Regarding your request for an advisory panel, the responsibility for regulating the safe operation and decommissioning of the facility legally remains with the NRC. Should the plant be permanently shut down, the NRC resident inspectors would continue to maintain close oversight of the facility as it transitions from operation to decommissioning. In the past, the NRC has continued to staff the resident inspector offices at decommissioned reactors for several years.

At other facilities that have terminated operations and commenced decommissioning work, such as Yankee Rowe, Haddam Neck and Maine Yankee, the licensee, State and local government officials have elected to form advisory panels that monitor decommissioning activities. Such advisory panels, which have involved private citizens, are not prescribed by NRC regulations.

However, the NRC has actively supported such panels in the past when requested. If an advisory panel were established at any point in time to oversee the transition of Vermont Yankee from operation to decommissioning, the staff would provide an appropriate level of support when requested.

Finally, regarding your request for the preparation and distribution of monthly reports updating the public and elected officials about the decommissioning process, the NRCs inspection reports and licensing actions will continue to be publicly accessible via the agencys website. The NRC remains strongly committed to openness with the public and transparency in the regulatory process. We believe the meetings we have held on Vermont Yankee, coupled with the extensive information about our oversight activities posted on the NRC webpage, have kept the public adequately informed of the NRCs ongoing regulatory actions.

Sincerely,

/RA/

Gregory B. Jaczko