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{{#Wiki_filter:fi,4-'S k -1,35 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION Title: Entergy Nuclear Vermont Yankee Docket Number: | {{#Wiki_filter:NYS000400 Submitted: June 29, 2012 EXCERPT fi,4-'S k - 1,35 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION Title: Entergy Nuclear Vermont Yankee Docket Number: 50-271-LR; ASLBP No. 06-849-03-LR Location: Newfane, Vermont DOCKETED USNRC Date: Wednesday, July 23, 2008 August 15, 2008 (4:00pm) | ||
~-hýý--03 1178 1 | OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Work Order No.: NRC-2296 Pages 1178-1454 NEAL R. GROSS AND CO., INC. | ||
-- is it 3 consistent with what was said in the refueling outage?4 MR. LUKENS: I haven't heard anything 5 inconsistent, Your Honor.6 JUDGE KARLIN: Okay.7 MR. LUKENS: The commitment is --8 JUDGE KARLIN: Where is that commitment? | Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W. | ||
9 Where is the commitment in the FSER, it he license 10 condition, in the commitment 37 that says that this 11 will be followed? | Washington, D.C. 20005 (202) 234-4433 ecJL1~-A&4, )~LLL~~O3 ~- | ||
Can I find it? And maybe the staff 12 can help me.13 MR. ROWLEY: Commitment 37, it doesn't say 14 anything more specific than that. They will continue 15 to use the SIL 644, the directive on page 3-56 of the 16 SER. That's --17 JUDGE KARLIN: Well, having said something 18 in the SER doesn't make it legally binding, does it?19 It's not a commitment. | hýý--03 | ||
20 MR. ROWLEY: Well, a commitment | |||
--21 JUDGE KARLIN: It's not a license 22 condition. | 1178 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 | ||
23 MR. ROWLEY: There's a license condition 24 in Section 1.7 that says that the commitments are 25 going to be put into the FSER and FSER updated for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1213 1 that renewal period.2 JUDGE KARLIN: Well, isn't the license 3 condition of 1.7 of the FSER talking about the BWER 4 VIP 139?5 MR. ROWLEY: Right --6 JUDGE KARLIN: That's not what this is.7 MR. ROWLEY: No. The other commitment, I 8 think the first and second one on that page talks 9 about them having to update the UFSAR.10 JUDGE KARLIN: Yes.11 MR. ROWLEY: That's where these 12 commitments will be -- have to put into the UFSAR.13 JUDGE KARLIN: Wait a second. So let's go 14 to that. "The first license condition requires the 15 applicant to include UFSAR supplement required by 10 16 CFR 54.21D and the next UFSAR update as required by 17 Sections such and such." 18 Is that what you mean?19 MR. ROWLEY: Right. These commitments | 4 ATOMIC SAFETY AND LICENSING BOARD 5 HEARING 6 | ||
--20 JUDGE KARLIN: No, no. That's what we're 21 supposed to find that there's a commitment that they 22 will do visual monitoring on this basis?23 MR. ROWLEY: No, the commitment is there 24 in Appendix A which lists all 51 commitments of --25 JUDGE KARLIN: But Appendix A doesn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 1214 1 refer to SIL 644. Does it?2 MR. ROWLEY: Well, it's tied in commitment 3 37, says they're going to continue to do monitoring 4 plan, and we know that the monitoring plan 5 incorporates GE SIL 644.6 JUDGE KARLIN: Who knows? Who knows?7 Does NEC know? Does the Board know?8 MR. ROWLEY: You have to look at the 9 Commitment 37 as written and go to the aging 10 management program, Section 3 page 3-56 to get the 11 complete story. My oversight, when we put that 12 commitment together to include those words that said 13 they would continue, but it is there in SER.14 JUDGE KARLIN: The fact that there is 15 something state in the SER does not make it legally 16 binding. It is not a legal commitment. | 7 In the Matter of: | ||
It's not a 17 commitment. | 8 ENTERGY NUCLEAR VERMONT 9 YANKEE, LLC Docket No. 50-271-LR 10 and ASLB No. 06-849-03-LR 11 ENTERGY NUCLEAR OPERATIONS, 12 INC. (Vermont Yankee Nuclear 13 Power Station) 11 14 15 Wednesday, July 23, 2008 16 17 Windham County Superior Court 18 7 Court Street 19 Newfane, Vermont 20 21 BEFORE: | ||
It's not a licensed condition. | 22 ALEX S. KARLIN, Chair, Administrative Judge 23 RICHARD E. WARDWELL, Administrative Judge 24 WILLIAM REED, Administrative Judge 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | ||
It's a 18 statement. | (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com | ||
In fact, Judge Ferrar, just recently had 19 a case where the staff specifically took the position 20 because it's in the FSER does not make it binding at 21 all. So anyway, I'll move on.22 Let us go back to Mr. Lukens and Mr.23 Hoffman, and look to your testimony about the BWR VIP-24 139. Now as I understand the idea is that for the 25 time being, the steam dryer monitoring program, Rev 3, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com}} | |||
1212 1 JUDGE KARLIN: Okay. And this frequency 2 would consist of -- is not consistent -- is it 3 consistent with what was said in the refueling outage? | |||
4 MR. LUKENS: I haven't heard anything 5 inconsistent, Your Honor. | |||
6 JUDGE KARLIN: Okay. | |||
7 MR. LUKENS: The commitment is -- | |||
8 JUDGE KARLIN: Where is that commitment? | |||
9 Where is the commitment in the FSER, it he license 10 condition, in the commitment 37 that says that this 11 will be followed? Can I find it? And maybe the staff 12 can help me. | |||
13 MR. ROWLEY: Commitment 37, it doesn't say 14 anything more specific than that. They will continue 15 to use the SIL 644, the directive on page 3-56 of the 16 SER. That's -- | |||
17 JUDGE KARLIN: Well, having said something 18 in the SER doesn't make it legally binding, does it? | |||
19 It's not a commitment. | |||
20 MR. ROWLEY: Well, a commitment -- | |||
21 JUDGE KARLIN: It's not a license 22 condition. | |||
23 MR. ROWLEY: There's a license condition 24 in Section 1.7 that says that the commitments are 25 going to be put into the FSER and FSER updated for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com | |||
1213 1 that renewal period. | |||
2 JUDGE KARLIN: Well, isn't the license 3 condition of 1.7 of the FSER talking about the BWER 4 VIP 139? | |||
5 MR. ROWLEY: Right -- | |||
6 JUDGE KARLIN: That's not what this is. | |||
7 MR. ROWLEY: No. The other commitment, I 8 think the first and second one on that page talks 9 about them having to update the UFSAR. | |||
10 JUDGE KARLIN: Yes. | |||
11 MR. ROWLEY: That's where these 12 commitments will be -- have to put into the UFSAR. | |||
13 JUDGE KARLIN: Wait a second. So let's go 14 to that. "The first license condition requires the 15 applicant to include UFSAR supplement required by 10 16 CFR 54.21D and the next UFSAR update as required by 17 Sections such and such." | |||
18 Is that what you mean? | |||
19 MR. ROWLEY: Right. These commitments -- | |||
20 JUDGE KARLIN: No, no. That's what we're 21 supposed to find that there's a commitment that they 22 will do visual monitoring on this basis? | |||
23 MR. ROWLEY: No, the commitment is there 24 in Appendix A which lists all 51 commitments of -- | |||
25 JUDGE KARLIN: But Appendix A doesn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com | |||
1214 1 refer to SIL 644. Does it? | |||
2 MR. ROWLEY: Well, it's tied in commitment 3 37, says they're going to continue to do monitoring 4 plan, and we know that the monitoring plan 5 incorporates GE SIL 644. | |||
6 JUDGE KARLIN: Who knows? Who knows? | |||
7 Does NEC know? Does the Board know? | |||
8 MR. ROWLEY: You have to look at the 9 Commitment 37 as written and go to the aging 10 management program, Section 3 page 3-56 to get the 11 complete story. My oversight, when we put that 12 commitment together to include those words that said 13 they would continue, but it is there in SER. | |||
14 JUDGE KARLIN: The fact that there is 15 something state in the SER does not make it legally 16 binding. It is not a legal commitment. It's not a 17 commitment. It's not a licensed condition. It's a 18 statement. In fact, Judge Ferrar, just recently had 19 a case where the staff specifically took the position 20 because it's in the FSER does not make it binding at 21 all. So anyway, I'll move on. | |||
22 Let us go back to Mr. Lukens and Mr. | |||
23 Hoffman, and look to your testimony about the BWR VIP-24 139. Now as I understand the idea is that for the 25 time being, the steam dryer monitoring program, Rev 3, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. | |||
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com}} | |||
Revision as of 01:27, 12 November 2019
| ML12181A094 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 07/23/2008 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML12180A642 | List: |
| References | |
| RAS 22858, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12181A094 (5) | |
Text
NYS000400 Submitted: June 29, 2012 EXCERPT fi,4-'S k - 1,35 Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION Title: Entergy Nuclear Vermont Yankee Docket Number: 50-271-LR; ASLBP No. 06-849-03-LR Location: Newfane, Vermont DOCKETED USNRC Date: Wednesday, July 23, 2008 August 15, 2008 (4:00pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Work Order No.: NRC-2296 Pages 1178-1454 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 ecJL1~-A&4, )~LLL~~O3 ~-
hýý--03
1178 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 ATOMIC SAFETY AND LICENSING BOARD 5 HEARING 6
7 In the Matter of:
8 ENTERGY NUCLEAR VERMONT 9 YANKEE, LLC Docket No. 50-271-LR 10 and ASLB No. 06-849-03-LR 11 ENTERGY NUCLEAR OPERATIONS, 12 INC. (Vermont Yankee Nuclear 13 Power Station) 11 14 15 Wednesday, July 23, 2008 16 17 Windham County Superior Court 18 7 Court Street 19 Newfane, Vermont 20 21 BEFORE:
22 ALEX S. KARLIN, Chair, Administrative Judge 23 RICHARD E. WARDWELL, Administrative Judge 24 WILLIAM REED, Administrative Judge 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
1212 1 JUDGE KARLIN: Okay. And this frequency 2 would consist of -- is not consistent -- is it 3 consistent with what was said in the refueling outage?
4 MR. LUKENS: I haven't heard anything 5 inconsistent, Your Honor.
6 JUDGE KARLIN: Okay.
7 MR. LUKENS: The commitment is --
8 JUDGE KARLIN: Where is that commitment?
9 Where is the commitment in the FSER, it he license 10 condition, in the commitment 37 that says that this 11 will be followed? Can I find it? And maybe the staff 12 can help me.
13 MR. ROWLEY: Commitment 37, it doesn't say 14 anything more specific than that. They will continue 15 to use the SIL 644, the directive on page 3-56 of the 16 SER. That's --
17 JUDGE KARLIN: Well, having said something 18 in the SER doesn't make it legally binding, does it?
19 It's not a commitment.
20 MR. ROWLEY: Well, a commitment --
21 JUDGE KARLIN: It's not a license 22 condition.
23 MR. ROWLEY: There's a license condition 24 in Section 1.7 that says that the commitments are 25 going to be put into the FSER and FSER updated for NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
1213 1 that renewal period.
2 JUDGE KARLIN: Well, isn't the license 3 condition of 1.7 of the FSER talking about the BWER 4 VIP 139?
5 MR. ROWLEY: Right --
6 JUDGE KARLIN: That's not what this is.
7 MR. ROWLEY: No. The other commitment, I 8 think the first and second one on that page talks 9 about them having to update the UFSAR.
10 JUDGE KARLIN: Yes.
11 MR. ROWLEY: That's where these 12 commitments will be -- have to put into the UFSAR.
13 JUDGE KARLIN: Wait a second. So let's go 14 to that. "The first license condition requires the 15 applicant to include UFSAR supplement required by 10 16 CFR 54.21D and the next UFSAR update as required by 17 Sections such and such."
18 Is that what you mean?
19 MR. ROWLEY: Right. These commitments --
20 JUDGE KARLIN: No, no. That's what we're 21 supposed to find that there's a commitment that they 22 will do visual monitoring on this basis?
23 MR. ROWLEY: No, the commitment is there 24 in Appendix A which lists all 51 commitments of --
25 JUDGE KARLIN: But Appendix A doesn't NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com
1214 1 refer to SIL 644. Does it?
2 MR. ROWLEY: Well, it's tied in commitment 3 37, says they're going to continue to do monitoring 4 plan, and we know that the monitoring plan 5 incorporates GE SIL 644.
6 JUDGE KARLIN: Who knows? Who knows?
7 Does NEC know? Does the Board know?
8 MR. ROWLEY: You have to look at the 9 Commitment 37 as written and go to the aging 10 management program, Section 3 page 3-56 to get the 11 complete story. My oversight, when we put that 12 commitment together to include those words that said 13 they would continue, but it is there in SER.
14 JUDGE KARLIN: The fact that there is 15 something state in the SER does not make it legally 16 binding. It is not a legal commitment. It's not a 17 commitment. It's not a licensed condition. It's a 18 statement. In fact, Judge Ferrar, just recently had 19 a case where the staff specifically took the position 20 because it's in the FSER does not make it binding at 21 all. So anyway, I'll move on.
22 Let us go back to Mr. Lukens and Mr.
23 Hoffman, and look to your testimony about the BWR VIP-24 139. Now as I understand the idea is that for the 25 time being, the steam dryer monitoring program, Rev 3, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com