ML061300084

2006/05/02-Letter from Sarah Hofmann to Administrative Judges Enclosing a Notice of Withdrawal and Request for Dismissal of Contentions of the Vermont Department of Public Service and Memorandum of Understanding

ML061300084
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	05/02/2006
From:	Hofmann S State of VT, Dept of Public Service
To:	Anthony Baratta, Karlin A, Rubenstein L Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11623
Download: ML061300084 (13)

Text

-- 45 111.,3 112 STATE STREET FAX: (802) 828-2342 DRAWER 20 .', TIY (VT): 1-800-734-8390 MONTPELIER VT 05620-2601 e-mail: vtdpsipsd.state.vt.us TEL: (802) 828-2811 Internet: http://www.state.vt.us/psd

~OF3! vEMN STT i DOCKETED USNRC STATE OF VERMONT DEPARTMENT OF PUBLIC SERVICE May 2, 2006 (3:37pm)

OFFICE OF SECRETARY May 2, 2006 RULEMAKINGS AND ADJUDICATIONS STAFF Administrative Judge Alex S. Karlin, Administrative Judge Lester S. Rubenstein Chair Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel 4760 East Country Villa Drive U.S. Nuclear Regulatory Commission Tucson, AZ 85718 Mail Stop: T-3F23 Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR VERMONT YANKEE LLC and ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

Docket No. 50-271-OLA

Dear Administrative Judges:

Please find enclosed a Notice of Withdrawal and Request for Dismissal of Contentions of the Vermont Department of Public Service. With the Notice is a Memorandum of Understanding entered into this day with Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. as well as a Certificate of Service.

The Department of Public Service greatly appreciates the time and resources expended by the Atomic Safety and Licensing Board on our contentions. We would be happy to answer any questions you have about this filing.

Very truly yours, Sarah Hi Director Advocacy cc: Certificate of Service Teop lafe= £cy-ev4 *ey SEC y O on-'

May 2, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) 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) )

NOTICE OF WITHDRAWAL AND REQUEST FOR DISMISSAL OF CONTENTIONS OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE Now Comes the Vermont Department of Public Service (State) by its undersigned counsel and, for the following reasons, voluntarily withdraws from this proceeding and requests the dismissal with prejudice of the State's contentions.

1. The State and Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy) have agreed to a mutually satisfactory resolution of the issues raised by the State in this proceeding, as evidenced by the Memorandum of Understanding (MOU) attached as Exhibit A hereto. As explained in more detail in the MOU, the State's efforts in this proceeding have resulted in substantial and additional attention being paid by Entergy, the U.S. Nuclear Regulatory Commission (NRC) Staff and the Advisory Committee on Reactor Safeguards (ACRS) to the State's concerns about the use of containment overpressure. As a result of this added attention and analysis, plus additional inspections and other steps that have been agreed to by Entergy in the MOU, the State is now satisfied that its concerns have been satisfactorily addressed.

2. In July - August 2004, the NRC Staff performed an independent engineering assessment at Vermont Yankee. As part of the assessment, the State asked that calculations regarding the adequacy of the emergency cooling pumps be reviewed.

The calculations were reviewed within the scope of the inspection team's charge and were found acceptable. The State Nuclear Engineer participated in the inspection.

3. In June 2004, the State asked that the NRC Staff perform independent calculations to verify the computer-model calculations associated with containment overpressure credit. The Final Safety Evaluation Report (SER) issued in March 2006 identifies that NRC performed independent verification calculations of the critical parts of the containment overpressure issue, giving the State confidence in the conservatisms claimed by Entergy in its containment overpressure request.

4. As part of the review of power uprate, the NRC Staff submitted requests for additional information (RAIs) of Entergy resulting in over forty supplements to the amendment request. Many of these RAIs were regarding the State's issue of credit for containment overpressure. The State was able to review these supplements, as well as follow the NRC Staff's review and thinking on the issue through the Advisory Committee on Reactor Safeguards (ACRS) process as well as the Draft and Final SERs. The State is satisfied that the issue raised in the State's contentions was thoroughly reviewed.

5. The State actively participated in the Advisory Committee on Reactor Safeguards' review of the generic issue of taking credit for containment overpressure and the site-specific review of the extended power uprate at Vermont Yankee. The State

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made four formal presentations to the full ACRS or the ACRS subcommittee on power uprates on the issue of containment overpressure, and was present to answer questions by the Committee and listen to its discussion and Entergy's and the NRC Staff's presentations on almost all the occasions on which the topic of containment overpressure credit was discussed. The ACRS, at times, required additional analysis from Entergy and the NRC Staff to fully review the issue. Ultimately, the ACRS determined that the overall risk associated with extended power uprate at Vermont Yankee is small, and that the change in risk resulting from allowing the requested containment overpressure credit is also small. The State was satisfied with the level of the review and the time spent on this issue of import.

NOW, THEREFORE, for the reasons stated herein and in the attached MOU, the State hereby requests the dismissal with prejudice of its two admitted contentions.

Respectfully submitted, Sarah Hofin Director for Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05602-2601 Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 Counsel for the Vermont Department of Public Service

EXHIBIT A MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding ("MOU"), dated May 1,2006, between Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (together "Entergy VY'), and the Vermont Department of Public Service (the "DPS").

PRELIMINARY STATEMENT

1. Entergy VY has petitioned and received approval from the Nuclear Regulatory Commission ("the NRC") to amend its operating license to implement an extended power uprate at the Vermont Yankee Nuclear Power Station (the "Station") which permits an increase in power of the Station from a maximum of 1593 MWt to 1912 MWt. Acting through the DPS, the State of Vermont moved to intervene and is participating in proceedings before the NRC's Atomic Safety and Licensing Board ("Board") on the extended power uprate amendment. The State's efforts in this proceeding have resulted in substantial and additional attention being paid by Entergy, the NRC Staff and the Advisory Committee on Reactor Safeguards to the State's concerns about the use of containment overpressure. As a result of this added attention and analysis, plus additional inspections and other steps that have been agreed to by Entergy in the MOU, the State is now satisfied that its concerns have been satisfactorily addressed. By this agreement, the State of Vermont, acting through the DPS, has agreed to withdraw from the Board proceedings.

STIPULATION Entergy VY and the DPS agree as follows:

1. Entergy VY shall perform a Type A Containment Leak Rate Test (the "Type A Test") during the Station's refueling outage in 2010 (the "Outage") and make the results available to the DPS within 60 days of the Outage's completion.

2. During the period between the date of this MOU and completion of the Type A Test in 2010, Entergy VY shall provide to the DPS weekly readings of nitrogen usage at the Station as an indication of containment integrity in a format jointly agreed upon by Entergy VY and DPS.

3. During and following the completion of the refueling outages currently scheduled for 2007 and 2008, Entergy VY will perform detailed visual inspections of the torus to confirm that there are no potential leakage paths. The inspections will look specifically at work that was performed during the outage that may have had contact with the torus. Entergy VY will consult with the DPS in developing any new inspection procedures, and any new revisions thereto, for conducting such visual inspections. During normal plant operations, Entergy VY will perform daily Operator rounds in accessible areas of the torus to identify any potential leakage paths.

4. Entergy VY will provide the DPS with the current revision of 1) ENN-DC-334 -

Primary Containment Leakage Rate Testing (Appendix J), and 2) PP 7006 -

Primary Containment Leakage Rate Testing Program, and any future revisions thereto during the period between the date of this MOU and completion of the Type A Test in 2010.

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5. Following the completion of each of the refueling outages currently scheduled for 2007 and 2008, Entergy VY will provide the DPS with a summary of the results of all primary containment leakage rate tests performed during those outages.

6. All documents agreed to be provided by Entergy VY in accordance with this MOU will be provided to the DPS offices in Montpelier.

7. Within 7 days after this MOU's execution, the DPS shall file with the Board in Docket No. 50-271, ASLBP No. 04-832-02-OLA (Operating License Amendment), a Notice of Withdrawal, in substantially the same form as set forth in Attachment A, and take all other actions necessary to withdraw from such proceeding and have its contentions therein dismissed with prejudice. The DPS further agrees that it will, from time to time, duly execute and deliver any additional documents and take or cause to be taken such further actions (including the making of filings) as may be reasonably necessary and appropriate to implement the DPS withdrawal from such proceeding and the dismissal with prejudice of its contentions.

8. Nothing in this MOU is intended to prevent the State from fulfilling its obligations under State law. It is the intent of this MOU that the State is only agreeing to withdraw, and dismiss it contentions with prejudice, from the current Board hearing on the extended power uprate.

9. The parties agree that this MOU shall not be construed by any party or tribunal as having precedential impact on any future proceeding involving the parties, except as necessary to implement this MOU or to enforce an order of the Board resulting from this MOU.

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10 Ihis MOU is governed by Vermont law.

11. Ihe parties have made specific comp ses to reach this Mm of Undestandig. In the event that the Board does not approve the Notice of Wihdrwal identified in paragraph 7 of fhis MOU, each party agrees mththe agreements set forth haein may terminate if either party so determies in its sole discreton and each party sball have the same rights as it would have had absent this MOU.

Dated at Montpelier, this 2nd day of May, 2006.

VERMONT DEPARTMENT OF PUBLIC SERVICE By:

Name: David O'Brien Tite: Commissioner of1he Departmnent of Public Service ENTERGY NUCLEAR VERMONT YANKEE, LLC By: 0 T e: Vice President of Operation and Duly Authorized Agent ENTERGY NUCLEAR OPERATIONS, INC.

By: qX Nat/ Jay K Thayer E'tle: Vice President of Operation and Duly Authorized Agent 4

ATTACHMENT A arx, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) 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) )

NOTICE OF WITHDRAWAL AND REQUEST FOR DISMISSAL OF CONTENTIONS OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE Now Comes the Vermont Department of Public Service (State) by its undersigned counsel and, for the following reasons, voluntarily withdraws from this proceeding and requests the dismissal with prejudice of the State's contentions.

1. The State and Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Entergy) have agreed to a mutually satisfactory resolution of the issues raised by the State in this proceeding, as evidenced by the Memorandum of Understanding (MOU) attached as Exhibit A hereto. As explained in more detail in the MOU, the State's efforts in this proceeding have resulted in substantial and additional attention being paid by Entergy, the U.S. Nuclear Regulatory Commission (NRC)

Staff and the Advisory Committee on Reactor Safeguards (ACRS) to the State's concerns about the use of containment overpressure. As a result of this added attention and analysis, plus additional inspections and other steps that have been agreed to by Entergy in the MOU, the State is now satisfied that its concerns have been satisfactorily addressed.

5

2. In July - August 2004, the NRC Staff performed an independent engineering assessment at Vermont Yankee. As part of the assessment, the State asked that calculations regarding the adequacy of the emergency cooling pumps be reviewed. The calculations were reviewed within the scope of the inspection team's charge and were found acceptable. The State Nuclear Engineer participated in the inspection.

3. In June 2004, the State asked that the NRC Staff perform independent calculations to verify the computer-model calculations associated with containment overpressure credit. The Final Safety Evaluation Report (SER) issued in March 2006 identifies that NRC performed independent verification calculations of the critical parts of the containment overpressure issue, giving the State confidence in the conservatisms claimed by Entergy in its containment overpressure request.

4. As part of the review of power uprate, the NRC Staff submitted requests for additional information (RAIs) of Entergy resulting in over forty supplements to the amendment request. Many of these RAIs were regarding the State's issue of credit for containment overpressure. The State was able to review these supplements, as well as follow the NRC Staffs review and thinking on the issue through the Advisory Committee on Reactor Safeguards (ACRS) process as well as the Draft and Final SERs. The State is satisfied that the issue raised in the State's contentions was thoroughly reviewed.

5. The State actively participated in the Advisory Committee on Reactor Safeguards' review of the generic issue of taking credit for containment 6

overpressure and the site-specific review of the extended power uprate at Vermont Yankee. The State made four formal presentations to the full ACRS or the ACRS subcommittee on power uprates on the issue of containment overpressure, and was present to answer questions by the Committee and listen to its discussion and Entergy's and the NRC Staffs presentations on almost all the occasions on which the topic of containment overpressure credit was discussed. The ACRS, at times, required additional analysis from Entergy and the NRC Staff to fully review the issue.

Ultimately, the ACRS determined that the overall risk associated with extended power uprate at Vermont Yankee is small, and that the change in risk resulting from allowing the requested containment overpressure credit is also small. The State was satisfied with the level of the review and the time spent on this issue of import.

NOW, THEREFORE, for the reasons stated herein and in the attached MOU, the State hereby requests the dismissal with prejudice of its two admitted contentions.

Respectfully submitted, Sarah Hofmann Director for Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05602-2601 Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 Counsel for the Vermont Department of Public Service 7

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

Docket No. 50-271 ENTERGY NUCLEAR VERMONT YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 04-832-02-OLA OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Notice of Withdrawal and Request for Dismissal of Contentions of the Vermont Department of Public Service in the above captioned proceeding has been served on the following by electronic mail where indicated by an asterisk on this 2"' day of May, 2006, and will be mailed by deposit in the United States Mail, first class, postage prepaid, on the 2nd day of May, 2006.

Alex S. Karlin, Chair* Dr. Anthony J. Baratta*

Administrative Judge Administrative Judge 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, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2(&nrc.gov E-mail: aib5(nrc.gov Lester S. Rubenstein* Office of the Secretary*

Administrative Judge ATJN: Rulemaking & Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: 0-16 Cl 4270 E. Country Villa Drive U.S. Nuclear Regulatory Commission Tuscon, AZ 85718 Washington, DC 20555-0001 E-mail: lesrrr(acomcast.net E-mail: HEARINGDOCKETanrc.gov Atomic Safety and Licensing Board Office of Commission Appellate Adj.

Mail Stop T-3 F23 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

Jay E. Silberg, Esq.*

Matias Travieso-Diaz, Esq.* Sherwin Turk, Esq.*

Pillsbury Winthrop Shaw Pittman Steven C. Hamrick.*

2300 N St., NW Robert Weisman, Esq.*

Washington, DC 20037-1128 Office of the General Counsel iay.silberggpillsburvlaw.com Mail Stop 0-15 D21 matias.travieso-diaz(pillsburvlaw.com U.S. Nuclear Regulatory Commission douglas.rosinskigpillsburvlaw.com Washington, D.C. 20555-0001 setralnrc.gov Anthony Z. Roisman, Esq.* schlra~nrc.gov National Legal Scholars Law Firm rmwQlnrc.gov 84 East Thetford Rd.

Lyme, NH 03768 aroismananationallegalscholars.com John M. Fulton, Esq.*

Raymond Shadis* Assistant General Counsel New England Coalition Entergy Nuclear Operations, Inc.

P.O. Box 98 440 Hamilton Avenue Shadis Road White Plains, NY 10601 Edgecomb, ME 04566 ifulto 1Qentergv.com shadis(prexar.com Sincerely, Sarah Hofm Director for Public Advocacy Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601