ML062430029

2006/08/24-Entergy's Answer in Support of Staff'S Motion for Leave to Introduce Two Additional Hearing Exhibits

ML062430029
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	08/24/2006
From:	Travieso-Diaz M Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 12170
Download: ML062430029 (4)

Text

RAS . PI P70 August 24, 2006 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC Before the Atomic Safety and Licensing Board August 24, 2006 (3:56pm)

) RULEMAK:INGS AND ADJUDICAl In the Matter of IONS STAFF

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT. )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

ENTERGY'S ANSWER IN SUPPORT OF STAFF'S MOTION FOR LEAVE TO INTRODUCE TWO ADDITIONAL HEARING EXHIBITS Pursuant to 10 C.F.R. § 2.323(c), Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.'. (collectively "Entergy") hereby answer the NRC Staff's Motion for Leave to Introduce two Additional Hearing Exhibits ("Motion") dated August 23, 2006. For the reasons stated in the Motion and those summarized below, Entergy submits that the Motion should be granted.

DISCUSSION There is no doubt that the two Generic Letters that the Staff seeks to introduce (Generic Letters 80-91 and 81-08) are relevant to NEC Contention 3, since NEC has questioned the appropriateness of using the ODYN code to predict the response of VY to generator load Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. are the licensees of the Vermont Yankee Nuclear Power Station ("VY").

T.E MPLA--7-E; TEMPLATE=SECY-041 s C-4 2;,7"7 SECY-02

rejection and main steam isolation valve ("MSIV') closure transients. See, e.g., Declaration of Dr. Joram Hopenfeld in Support of New England Coalition's Response to the Statements of Position of Entergy and NRC Staff dated June 14, 2006 at 5. The Generic Letters call for the use of ODYN by licensees to analyze, among other plant operating events, generator load rejection and MSIV closure transients. See Generic Letter 80-91. The letters are also evidence of the NRC Staff s acceptance of ODYN as providing "acceptable best estimate calculation predictions of the core responses to pressurization transients."' Id.

-- There-would be no significant impacts on any-party-as a result of the admission of these clearly relevant documents into evidence. They do not represent a change in position by the Staff, nor raise issues that have not been previously'addressed. As such, they neither require nor are amenable to response by the other parties. Their admission would not delay or expand the hearing or require the Board to address matters that it would not have otherwise been considered.

In short, admission of these documents would have no adverse effect on the proceeding.

CONCLUSION For the reasons stated, the Staffs Motion should be granted.

Respectfully submitted, (*

Jay E. Silberg 7y Matias F. Travieso-Diaz Scott A. Vance PILLSBURY WINTHROP SHAW PIT=MAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc..

August 24, 2006 2

1. . I UNITED STATES OF AMERICA

'NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

Docket No. 50-271 ENTERGY NUCLEA.R VERMONT )!

YANKEE, LLC and ENTERGY .) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Answer in Support of Staff's Motion for Leave to Introduce two Additional Hearing Exhibits" were served on the persons listed below by deposit in the U.S. mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 24th day of August, 2006.

• Administrative Judge  :*Administrative Judge Alex S. Karlin, Chair Lester S. Rubenstein Atomic Safety and Licensing Board Panel 1750 Avenida del Mundo Mail Stop T-3 F23 Apartment. 1106 U.S. Nuclear Regulatory Commission Coronado, CA 92118 Washington, D.C. 20555-0001 lesrrr(comcast.net ask2(anrc.gov

• Administrative Judge Atomic Safety and Licensing Board Dr. Anthony J. Baratta Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 aib5@Pnrc.gov

• Secretary Office of Commission Appellate Att'n: Rulemakings and Adjudications Staff Adjudication Mail Stop 0-16 CI Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secy@nrc.gov. hearingdocket@nrc.gov

• Raymond Shadis *Sherwin E. Turk, Esq.

New England Coalition *Steven C. Hamrick, Esq. J P.O. Box 98 Office of the General Counsel Shadis Road Mail Stop 0-15 D21 Edgecomb, ME 04556 U.S. Nuclear Regulatory Commission shadis(aprexar.com Washington, D.C. 20555-0001 set(@nrc.gov, schl@,nrc.gov

• JeeredL.indsay-_ *Jonathan-Rund---

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 JJL5@nrc.gov imr3(@nrc.gov Matias F. Travieso-Diaz 2