ML14192A835

Request for Additional Information, Exemption from 10 CFR 50.47 and Appendix E to Allow Reduced Emergency Plan Requirements and Revise Radiological Emergency Response Plan Consistent with Permanently Defueled Reactor

ML14192A835
Person / Time
Site:	Vermont Yankee
Issue date:	08/19/2014
From:	James Kim Plant Licensing Branch IV
To:	Entergy Nuclear Operations
Kim J
References
TAC MF3614
Download: ML14192A835 (8)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 19, 2014 Site Vice President Entergy Nuclear Operations, Inc.

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

SUBJECT:

VERMONT YANKEE NUCLEAR POWER STATION- REQUEST FOR ADDITIONAL INFORMATION REGARDING EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.47 AND APPENDIX E (TAC NO. MF3614)

Dear Sir or Madam:

By letter dated March 14, 2014, Entergy Nuclear Operations*, Inc. (ENO) requested exemptions from portions of Part 50 of Title 10 of the Code of Federal Regulations ( 10 CFR 50) for the Vermont Yankee Nuclear Power Station (VY) Radiological Emergency Response Plan.

Specifically, ENO requested an exemption from certain emergency plan *requirements of 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and Section IV to Appendix E of 10 CFR 50. The requested exemptions would allow ENO to reduce emergency plan requirements and subsequently revise the VY Radiological Emergency Response Plan consistent with the permanently defueled condition of the reactor.

The U.S. Nuclear Regulatory Commission (NRC) staff is reviewing the exemption 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). Based on our discussions.

we understand that a response to the RAI will be provided by August 29, 2014.

If you have any questions regarding this letter, please feel free to contact me at (301) 415-4125 or via e-mail at james. kim@ nrc.qov.

Sincerely, James Kim, Project Manager Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensi~g Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosure:

Request for Additional Information cc w/enclosure: Distribution via Listserv

REQUEST FOR ADDITIONAL INFORMATION EXEMPTION FROM THE REQUIREMENTS OF 10 CFR 50.47 AND APPENDIX E

• ENTERGY NUCLEAR OPERATIONS. INC.

VERMONT YANKEE NUCLEAR POWER STATION DOCKET NO. 50-271 By letter dated March 14, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14080A141 ), Entergy Nuclear Operations, Inc. (ENO), requested exemptions from portions of Part 50 of Title 10 of the Code of Federal Regulations ( 10 CFR 50) for the Vermont Yankee Nuclear Power Station (VY) Radiological Emergency Response Plan.

Specifically, ENO requested an exemption from certain emergency plan requirements of 10 CFR 50.47(b), 10 CFR 50.47(c)(2), and Section IV to Appendix E of 10 CFR 50. The requested exemptions would allow ENO to reduce emergency plan requirements and subsequently revise the VY Radiological Emergency Response Plan consisten~ with the permanently defueled condition of the reactor.

By letter dated September 23, 2013 (Accession No. ML13273A204), ENO submitted certification to the U.S. Nuclear Regulatory Commission (NRC) indicating its intention to permanently cease power operations at VY in the fourth quarter of 2014 pursuant to 10 CFR 50.82(a)(1 )(i), and for the permanent removal of fuel from the reactor vessel pursuant to 10 CFR 50.82(a)(1 )(ii). Upon docketing of certifications of the permanent cessation of power operations and for the permanent removal of fuel from the reactor vessel pursuant to 10 CFR 50.82(a)(1 )(ii), the 10 CFR Part 50 license for VY no longer authorizes operation of the reactor, or emplacement or retention of fuel into the reactor vessel, as specified in 10 CFR 50.82(a)(2).

In reviewing the request for exemption, the NRC staff used precedents from past emergency preparedness (EP)-related decommissioning exemption reviews, including the reviews submitted for the EP rule changes published in the Federal Register on November 23, 2011 (76 FR 72560). The staff also informed its review with guidance and regulations applicable to an Independent Spent Fuel Storage Installation (ISFSI).

Based on the NRC staff's initial review of ENO's EP exemption request, the following requests for additional information (RAis) are required to facilitate completion of the staff's technical review.

Note: In the following RAis, bold strike out text indicates the requested exemption from rule language.

(MF3614) RAI-001 The basis for exemption of item 1 in Table 1 (Attachment 1) is generic and does not state specifically why VY should be considered for exemption. Similarly,, the following items in Enclosure

Table 2 in (Attachment 1) also contain only generic information in the basis for exemption:

items 6, 10, 30, 34, 36, 39, 40, 77, and 97.

Please provide information specific to VY for granting the exemptions listed above.

(MF3614) RAI-002 The basis for exemption for item 1 in Table 1 (Attachment 1) does not address design basis accidents (DBAs).

Please provide a discussion justifying that no currently applicable DBA will exceed U.S. Environmental Protection Agency (EPA) Protective Action Guides.

(MF3614) RAI~003 Revised Wording 10CFR Vermont Yankee Requested Wording (based on past precedent) 50.47(b)(10) A FaRge of pFotestitJe astioRs has beeR A range of protective actions has been developed foF the plume exposuFe developed-for the plume exposuFe path 1.\'ay EPZ foF emeFgeRGy woFkeFS aRd pathway EPZ feF emergency workers and the publis. IR developiRg this FaRge of the public. IR developiRg this FaRge of aGtiORS, GORSideFatiOR has beeR gi\<eR to astians, GoRsideFatioR has beeR giveR to evasuatioR, shelteFiRg, aRd as a e~JasuatioR, shelteFiRg, aRd as a sYpplemeRt to these, the pFophylastis supplemeRt to these, the pFophylastis use of potassiYm iodide (KI}, as Yse of potassium iodide (KI}, as appFopFiate.

• E1JasuatioR time estimates appFopFiate. EvasYatioR time estimates have beeR develop~d by applisaRts aRd have beeR developed by appliGaRts aRd liseRsees. biGeRsees shall Ypdate the liseRsees. biseRsees shall update the evasuatioR time estimates OR a peFiodis e~JasuatioR time estimates OR a peFiodiG basis. GuideliRes foF the shoise of basis. GYideliRes foF the shoise of pFotesti\'e astioRs duFiRg aR emeFgeRGy, pFotestive astioRs duFiRg aR emeFgeRGy, GORsisteRt with FedeFal guidaRGe, aFe GORsisteRt with FedeFal guidaRGe, aFe detJeloped aRd iR plase, aRd pFotesti 1Je developed aRd iR plase, aRd pFotesti 1Je astioRs foF the iRgestioR exposuFe astioRS fOF the iRgestioR e;xposYFe

' pathway EPZ appFopFiate to the losale pathway EPZ appFOPFiate to the losale have beeR developed. ha~Je beeR developed.

Although formal offsite radiological emergency preparedness (REP) plans have typically been exempted for decommissioning sites, offsite organizations continue to be relied upon for firefighting, law enforcement, ambulance and medical services in support of the licensee's (onsite) emergency plan. Additionally, the licensee is responsible for control of activities in the Exclusion Area, including public access.

Please provide further justification as to why this requirement would not be applicable based on the context described above.

(MF3614) RAI-004 Revised Wording (based on recent EP Rule Statements of 10CFR Vermont Yankee Requested Wording Consideration (SOC))

Appendix By JuRe 23, 2014 identification of, af\G-a By JuRe 23, 2014 identification of, ami--a E. IVA? description of the assistance expected from desGriptioR of the assistance expected from appropriate State local and Federal appropriate State local and Federal agencies with responsibilities for coping with agencies with responsibilities for coping with emergencies, iRGiudiRg hostile aGtioR at emergencies, including hostile aGtioR at the site. For purposes of this appeRdbE, the site. For purposes of this appeRdix, "hostile aGtioR" is defiRed as aR aGt "hostile aGtioR" is defiRed as an act direGted to*.... ard a RUGiear power plaRt or directed toward a nuclear power plant or its its persoRRel that iRGiudes the ¥ioleRt personnel that includes the violent force to forGe to destroy equipmeRt, take destroy equipment, take hostages, and/or hostages, aRdtor iRtimidate the liGeRsee intimidate the licensee to achieve an end.

to aGhie*.*e aR eRd. +his iRGiudes attaGk This includes attack by air, land, or water by air, laRd, oF water usiRg guRs, using guns, explosives, projectiles, vehicles explosi¥es, projeGtiles, *1ehiGies or other or other devices used to deliver destructive de*liGes used to deli*.*er destruGti*le forse. force.

Although the NRC has previously exempted decommissioning reactors from "hostile action" enhancements, based on the applicability of the new EP Rule (as stated in the StatefDent of Considerations), some EP requirements for security-based events are maintained, such as the classification of security-based events, notification of offsite authorities and coordination for the response of offsite organizations (i.e., firefighting, medical assistance) onsite.

Please revise the requested exemption accordingly or provide further justification for exemption.

(MF3614) RAI-005 Revised Wording 10 CFR 50 Vermont Yankee Requested Wording (based on recent EP Rule SOC)

Appendix 8y June 20, 20~2, nuGiear po*Ner reaGtor 8y June 20, 20~ 2, nuGiear po*.o.<er reaGtor E.IV.C.2 lic;:ensees shall establish and maintain the licensees shall establish and maintain the capability to assess, classify, and declare an capability to assess, classify, and declare an emergency condition within ~5 minutes emergency condition v:ithin Hi minutes after the availability of indications to plant after the availability of indications to plant operators that an emergency action level operators that an emergency action level has been exceeded and shall promptly has been exceeded and shall promptly declare the emergency condition as soon as declare the emergency condition as soon as possible following identification of the possible following identification of the appropriate emergency classification level. appropriate emergency classification level.

Licensees shall not construe these criteria Licensees shall not construe these criteria as a grace period to attempt to restore plant as a grace period to attempt to restore plant conditions to avoid declaring an emergency conditions to avoid declaring an emergency action due to an emergency action level that action due to an emergency action level that has been exceeded. Licensees shall not has been exceeded. Licensees shall not construe these criteria as preventing construe these criteria as preventing implementation of response actions deemed implementation of response actions deemed by the licensee to be necessary to proteGt by the licensee to be necessary to protect publiG health and safety pro*:ided that public health and safety provided that any any delay in deGiaratioR does not deny delay in declaration does not deny the State the State and loGal authorities the and local authorities the opportunity to oppoFtunity to implement measures implement measures necessary to protect neGessal)' to proteGt the publiG health the public health and safety.

and safety.

State and local jurisdictions may take actions as part of their comprehensive emergency response (all-hazards) planning. Licensee actions shall not impede State and local authorities to respond to emergencies as they determine the need.

Please provide specific justification for exempting this requirement or restore language consistent with revised wording proposed. *

(MF3614) RAI-006

• 10 CFR 50 Appendix E.IV.E.9.a Provision for the communications with contiguous State/local governments *.vithin the plume exposure path*.vay EPZ. Such communications shall be tested monthly.

10 CFR 50 Appendix E.IV.E.9.c Provision for the communications among the nuclear power control room, the onsite technical support center, and the emergency response facility; and among thE!

nuclear facility, the principal State and local emergency operations centers, and the

. field assessme~t teams. Such communication systems shall be tested annually.

Exemptions to the requirements in 10 CFR 50 Appendix E.IV.E.9.a and 10 CFR 50 Appendix E.IV.E.9.c were requested as indicated above.

It appears to the NRC staff that 10 CFR 50 Appendix E.IV.E.9.c as exempted would be redundant to 10 CFR 50 Appendix E.IV.E.9.a. Please explain what different organizations would be contacted and what different communication systems would be tested for compliance with 10 CFR 50 Appendix E.IV.E.9.c.as exempted, as opposed to the ones in 10 CFR 50 Appendix E.IV.E.9.a, as exempted. *

(MF3614) RAI-007 10 CFR 50 Appendix E.IV.E.8.a.(i)

A licensee onsite teGhniGal support Genter ami an emergenGy operations facility from which effective direction can be given and effective control can be exercised during an emergency.

10 CFR 50 Appendix E.IV.E.8.b For a nuclear power reactor licensee's emergency operations facility required by paragraph B.a of this section ....

10 CFR 50 Appendix E.IV.E.8.c By June 20, 2012, for a nuGiear pov.*er reaGtor liGeilsee's emergenGy operations faGility required by paragraph B.a of this seGtion ... ;

An exemption from the requirements in 10 CFR 50 Appendix E.IV.E.8.b was not requested as indicated above. Is it intended that this facility be subjected to the requirements of 10 CFR 50 Appendix E.Section IV.E.8.b.?

(MF3614) RAI-008 Appendix E of 10 CFR 50, Section IV. 8.1 states in part, "Thereafter, emergency action levels shall be reviewed with the State and local governmental authorities on an annual basis." The basis for exemption for Item 37 of Table 2 (Attachment 1) states that VY proposes to continue to review emergency action levels (EALs) with the State of Vermont on an annual basis.

Please provide basis for excluding local government authorities from the annual EAL review or revise accordingly.

(MF3614) RAI-009 Proposed exemption to Appendix E of 10 CFR 50, Section IV.D.3, under Item 43 of Table 2 (Attachment 1), states, in part, that "A licensee shall have the capability to notify responsible State and local governmental agencies within 15 minutes after declaring an emergency." The basis for exemption states, in part, that "VY proposes to complete emergency notification within 60 minutes after an emergency deClaration or a change in classification to the State of Vermont."

Please provide the local government agencies that VY proposes to notify within that 60-minute time period.

- 2.-

If you have any questions regarding this letter, please feel free to contact me at (301) 415-4125 or via e-mail at james.kim@nrc.gov.

• Sincerely,

/RAJ

. James Kim, Project Manager Plant Licensing IV-2 and Decommissioning Transition Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-271

Enclosure:

Request for Additional Information cc w/enclosure: Distribution via Listserv DISTRIBUTION:

PUBLIC LPL4-2 RIF RidsAcrsAcnw_MaiiCTR Resource RidsNrrDoriDpr Resource RidsNrrDorllpl4-2 Resource RidsNrrLAKGoldstein Resource RidsNrrPMVermontYankee Resource RidsNsirDpr Resource RidsRgn1 MaiiCenter Resource MNorris, NSIRIDPR/ORLOB ADAMS ACCESSION NO.: ML14192A835 *via email OFFICE NRRIDORULPL4-2/PM NRRIDORULPL4-2/LA NSI R/DPRIORLOB/BC NRRIDORULPL4-2/BC NRRJDORULPL4-2/PM NAME JKim KGoldstein (JBurkhardt for) JAnderson* DBroaddus JKim DATE 07/11/14 07/11/14 07/08/14 08/19/14 08/19/14 OFFICIAL RECORD COPY