ML15288A499

LTR-15-0516 Representative Peter Welch, Letter Concerns Regarding the Decommissioning of Entergy'S Vermont Yankee Plant

ML15288A499
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	10/14/2015
From:	Welch P US Congress, US HR (House of Representatives)
To:	Jeff Baran, Stephen Burns, Ostendorff W, Kristine Svinicki NRC/Chairman, NRC/OCM
Shared Package
ML15288A500	List: ML15288A499 ML15303A121
References
LTR-15-0516
Download: ML15288A499 (2)

Text

PETER WELCH 2303 RAYBURN I iOUSE OFFICE BUILDING WASlllllGTO'l, DC 20515 4500 Al LARGE, VERMONT 202 225-4115 DISTRICT*

CHIEF DEPUTY WHIP 128 LAKESIDE AVEflUf HOUSE DEMOCRATIC Qtnngress nf tq.e Nttitth §tatts Sum 235 BURllNGTON, VT 05401 (802) 652- 2450 STEER ING & POLICY COMMITTEE lHnu.se of filepi*egentntiut.6 (888) 605 7270 COMM ITTEE ON ENERGY AND COMMERCE lln.G~ingtuu . !IQl. 20515-4500 COMMITTEE ON OVERS IGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable Stephen Burns Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Mr. Chairman:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Enviromnent and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

I) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table tlu*oughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-deconunissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay *an already lengthy decommissioning process. The NRC must be a careful PRltl l ED Otl RECYCLED PAPER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the " SAFSTOR" method of decommissioning. The use of SAFSTOR \-Viii delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the conununity will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, v,1hich would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

Jn addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vennont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (ERDS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already ruled on the issue of dismantling ERDS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely,

~~ Member of Congress

PETER WELCH 2303 RtWBURIJ H OUSE 0 rFtCE BUILOl"G AT

• lARGE, Vtn MONl W As tmm ToN, DC 205 15 4500 202 225-4 11 5 DISTRICT:

CHIEF DEPUTY WHIP OinngrtllG nf tq.e Nutt.eh ~tat.es 128 LAKES*DE Avrn uE S UITE 235 HOUSE DEMOCRATIC Bunu NG ro,., VT 0540 l (802) 652- 24 50 STEER ING & POLICY COMMITIEE 3Jiou1te of illepreJJentntiue.n (888) 605-7270 COMM ITIEE ON ENERGY AND COMMERCE 1Wlunl1ington. IDQI. 2U51 5- 45nn COMM ITIEE ON OVERS IGHT AND GOVER N MENT REFORM October 14, 2015 The Honorable Kristine L. Svinicki Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Commissioner Svinicki:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

l) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure \.viii effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee' s decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-decommissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PRIN rm ON RECYCLED P/\PER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, which would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vermont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (EROS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive vvaste.

While I understand that the NRC has already ruled on the issue of dismantling EROS, I strongly mge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

PETER WELCH 2303 fll\Y8URN HOU SE OHICt BUILDING WAstmimo11, DC 20515 4500 202 22H115 DISTRICT CHIEF DEPUTY WHIP HOUSE DEMOCRATIC Qtu11gr.ess nf tq.e Enif .eh ~tat.es 128 LAKESIDE AVH 'UE SUITE 235 BURLING ID", VT 05401 (8021652- 2450 STEER ING & POLICY COMM ITIEE 3ROU.6£ Of fil£pl'£.6£lltUtiUl!lf (888) 605 7270 lfilln.slfingtnn, mm 211515-451111 COMM ITTEE ON ENERGY AND COMMERCE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable Jeff Baran Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Commissioner Baran:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entcrgy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

1) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for 11011-deconunissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PRINTED 0~1 RECYCLED PAPER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, which would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these tlu*ee issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state ofVennont for emergency preparedness, and dismantle Vennont Yankee's Emergency Response Data System (EROS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already rnled on the issue of dismantling EROS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also mge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vennont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical , therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

PETER WELCH 2303 RAYBURN H OUSE OFFICE BlHLOING AT-LARGE, VERMO:H WAS>llt,GTON, DC 2051!;-4500 202 225-4115 DISTRICT:

CHIEF DEPUTY WHIP HOUSE DE MOCRATIC QJnugrcnn nf tqc l!tnitth ~tattn 128 LAKESIDE Avuwe SUITE 235 BURLINGlON, VT 0540 1 1802 1652 2450 STEER ING & POLI CY COMMITTEE 11iouse of fileµresentutiue.n 1888) GOS 727 0 1lnrusltingtnn. mm 20515- 4500 COMMITTEE ON ENERGY AND COMMERCE COMMITTEE ON OVERS IGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable William C. Ostendorff Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-000 I

Dear Commissioner Ostendorff:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Pov,rer, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

1) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a maimer that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-decommissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PAINTED ON AECYCL£0 PAPER

stev,rard of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use Yvill render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, \.Vhich would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vermont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (ERDS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already ruled on the issue of dismantling ERDS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Plairning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

CHAIRMAN Resource From: Fowler, Mark < Mark.Fowler@mail.house.gov>

Sent: Wednesday, October 14, 2015 4:29 PM To: CHAIRMAN Resource

Subject:

[External_Sender) Rep. Welch letter re Vermont Yankee Attachments: 10.14.15 - Rep. Welch Letter to Commissioner Svinicki .pdf; 10.14.15 - Rep. Welch Letter to Chairman Burns.pdf; 10.14.15 - Rep. Welch Letter to Commissioner Baran.pdf; 10.14.15 - Rep. Welch Letter to Commissioner Ostendorff.pdf Hi-Rep . Welch would like to submit the attached letters concerning the Vermont Yankee decomm issioning to the Commissioners. Thanks for your help and please let me know if I can answer any questions.

Best, Mark Mark Fowler Office of Rep. Peter \\.elch (\'T -L\L) 2303 Rm burn I J( )B 202.225.-t 115

.\Iark.hiwlcr0 mail.house.gm 1

PETER WELCH 2303 RAYBURN I iOUSE OFFICE BUILDING WASlllllGTO'l, DC 20515 4500 Al LARGE, VERMONT 202 225-4115 DISTRICT*

CHIEF DEPUTY WHIP 128 LAKESIDE AVEflUf HOUSE DEMOCRATIC Qtnngress nf tq.e Nttitth §tatts Sum 235 BURllNGTON, VT 05401 (802) 652- 2450 STEER ING & POLICY COMMITTEE lHnu.se of filepi*egentntiut.6 (888) 605 7270 COMM ITTEE ON ENERGY AND COMMERCE lln.G~ingtuu . !IQl. 20515-4500 COMMITTEE ON OVERS IGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable Stephen Burns Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Mr. Chairman:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Enviromnent and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

I) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table tlu*oughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-deconunissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay *an already lengthy decommissioning process. The NRC must be a careful PRltl l ED Otl RECYCLED PAPER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the " SAFSTOR" method of decommissioning. The use of SAFSTOR \-Viii delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the conununity will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, v,1hich would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

Jn addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vennont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (ERDS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already ruled on the issue of dismantling ERDS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely,

~~ Member of Congress

PETER WELCH 2303 RtWBURIJ H OUSE 0 rFtCE BUILOl"G AT

• lARGE, Vtn MONl W As tmm ToN, DC 205 15 4500 202 225-4 11 5 DISTRICT:

CHIEF DEPUTY WHIP OinngrtllG nf tq.e Nutt.eh ~tat.es 128 LAKES*DE Avrn uE S UITE 235 HOUSE DEMOCRATIC Bunu NG ro,., VT 0540 l (802) 652- 24 50 STEER ING & POLICY COMMITIEE 3Jiou1te of illepreJJentntiue.n (888) 605-7270 COMM ITIEE ON ENERGY AND COMMERCE 1Wlunl1ington. IDQI. 2U51 5- 45nn COMM ITIEE ON OVERS IGHT AND GOVER N MENT REFORM October 14, 2015 The Honorable Kristine L. Svinicki Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Commissioner Svinicki:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

l) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure \.viii effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee' s decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-decommissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PRIN rm ON RECYCLED P/\PER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, which would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vermont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (EROS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive vvaste.

While I understand that the NRC has already ruled on the issue of dismantling EROS, I strongly mge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

PETER WELCH 2303 fll\Y8URN HOU SE OHICt BUILDING WAstmimo11, DC 20515 4500 202 22H115 DISTRICT CHIEF DEPUTY WHIP HOUSE DEMOCRATIC Qtu11gr.ess nf tq.e Enif .eh ~tat.es 128 LAKESIDE AVH 'UE SUITE 235 BURLING ID", VT 05401 (8021652- 2450 STEER ING & POLICY COMM ITIEE 3ROU.6£ Of fil£pl'£.6£lltUtiUl!lf (888) 605 7270 lfilln.slfingtnn, mm 211515-451111 COMM ITTEE ON ENERGY AND COMMERCE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable Jeff Baran Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Dear Commissioner Baran:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Power, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entcrgy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

1) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a manner that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for 11011-deconunissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PRINTED 0~1 RECYCLED PAPER

steward of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use will render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, which would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these tlu*ee issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state ofVennont for emergency preparedness, and dismantle Vennont Yankee's Emergency Response Data System (EROS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already rnled on the issue of dismantling EROS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Planning Zone. I would also mge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vennont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical , therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

PETER WELCH 2303 RAYBURN H OUSE OFFICE BlHLOING AT-LARGE, VERMO:H WAS>llt,GTON, DC 2051!;-4500 202 225-4115 DISTRICT:

CHIEF DEPUTY WHIP HOUSE DE MOCRATIC QJnugrcnn nf tqc l!tnitth ~tattn 128 LAKESIDE Avuwe SUITE 235 BURLINGlON, VT 0540 1 1802 1652 2450 STEER ING & POLI CY COMMITTEE 11iouse of fileµresentutiue.n 1888) GOS 727 0 1lnrusltingtnn. mm 20515- 4500 COMMITTEE ON ENERGY AND COMMERCE COMMITTEE ON OVERS IGHT AND GOVERNMENT REFORM October 14, 2015 The Honorable William C. Ostendorff Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-000 I

Dear Commissioner Ostendorff:

Thank you for your testimony at the September 9, 2015 joint hearing of the House Energy and Commerce subcommittees on Energy and Pov,rer, and Environment and the Economy. I want to reiterate the concerns I raised at the hearing regarding the decommissioning of Entergy's Vermont Yankee plant located in Vernon, Vermont.

Specifically, I am deeply concerned about:

1) the lack of state and local stakeholder involvement in the decommissioning process;

2) questionable uses of the Decommissioning Trust Fund by Entergy; and

3) the reality that the use of the SAFSTOR decommissioning procedure will effectively delay the full cleanup and redevelopment of the Vermont Yankee site for decades.

In addition, subsequent to that joint hearing, I have become very concerned about significant new developments in relation to Vermont Yankee emergency programs.

The lack of meaningful stakeholder participation in decisions related to Vermont Yankee's decommissioning is unacceptable. It is essential that Vermonters have a seat at the table throughout this process. The NRC has failed to substantively engage state and local officials and appears to be increasingly relying on the perspective of the nuclear energy industry. I request that you creatively engage local stakeholders in a maimer that goes beyond standard regulatory procedures to ensure that their concerns are heard and addressed.

The Decommissioning Trust Fund should not be used for non-decommissioning expenses. It is my understanding that the fund can only be used for expenses that reduce radiological levels at the site. Yet the NRC has granted preliminary approval to Entergy for several exemptions, including authorizing payment for spent fuel management, attorney fees, and even the company's membership dues to the Nuclear Energy Institute. These unjustified expenditures will further delay an already lengthy decommissioning process. The NRC must be a careful PAINTED ON AECYCL£0 PAPER

stev,rard of the fund to ensure that these ratepayer dollars are not diverted to pay for inappropriate or unauthorized expenses.

I have significant concerns with the decision by Entergy to use the "SAFSTOR" method of decommissioning. The use of SAFSTOR will delay clean-up, waste disposal, and remediation of the Vermont Yankee site for generations. As a result, the community will be unable to redevelop the site for economically beneficial purposes. While SAFSTOR clearly benefits Entergy, its use Yvill render economic harm to the community. As an alternative, the NRC should consider accelerated options for decommissioning such as DECON, \.Vhich would allow for prompt cleanup, redevelopment, and reuse of the Vermont Yankee site.

In addition to these three issues that I raised at the hearing, Vermont stakeholders have recently expressed concern about Vermont Yankee's emergency programs. Specifically, it is my understanding that Entergy is proposing to reduce the size of the Emergency Planning Zone, reduce funding to the state of Vermont for emergency preparedness, and dismantle Vermont Yankee's Emergency Response Data System (ERDS). These proposals raise serious questions as to the ongoing safety precautions in place for a site that continues to be the host for a significant amount of highly-radioactive waste.

While I understand that the NRC has already ruled on the issue of dismantling ERDS, I strongly urge the Commission to not prematurely reduce the size of the Emergency Plairning Zone. I would also urge the Commission to bring Entergy to the table to negotiate in good faith with the State of Vermont on a reasonable level of financial support for emergency preparedness activities going forward.

As you know, Vermont Yankee is the first merchant nuclear power plant in the country to be decommissioned. It is critical, therefore, that the NRC work closely with Vermont's stakeholders to get it right by developing a model for the decommissioning of other merchant plants that respects and resolves the concerns of state and local stakeholders.

I look forward to your timely response and stand ready to work with the Commission to address these issues.

Sincerely, Member of Congress

CHAIRMAN Resource From: Fowler, Mark < Mark.Fowler@mail.house.gov>

Sent: Wednesday, October 14, 2015 4:29 PM To: CHAIRMAN Resource

Subject:

[External_Sender) Rep. Welch letter re Vermont Yankee Attachments: 10.14.15 - Rep. Welch Letter to Commissioner Svinicki .pdf; 10.14.15 - Rep. Welch Letter to Chairman Burns.pdf; 10.14.15 - Rep. Welch Letter to Commissioner Baran.pdf; 10.14.15 - Rep. Welch Letter to Commissioner Ostendorff.pdf Hi-Rep . Welch would like to submit the attached letters concerning the Vermont Yankee decomm issioning to the Commissioners. Thanks for your help and please let me know if I can answer any questions.

Best, Mark Mark Fowler Office of Rep. Peter \\.elch (\'T -L\L) 2303 Rm burn I J( )B 202.225.-t 115

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