ML080090422

2008/01/03-Certificate of Disclosure from Sarah Hofmann on Behalf of Vermont Department of Public Service

ML080090422
Person / Time
Site:	Vermont Yankee
Issue date:	01/03/2008
From:	Hofmann S, Pittsley S State of VT, Dept of Public Service
To:	Atomic Safety and Licensing Board Panel
SECY/RAS
References
50-271-LR, ASLBP-06-849-03-LR, RAS 14877
Download: ML080090422 (6)

Text

ft~S/z~17DOCKETED V' SNUSNRC January 3, 2008 (1:26pm]OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF January 3, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of)Docket No. 50-271 -LR ENTERGY NUCLEAR VERMONT)YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC.)(Vermont Yankee Nuclear Power Station))CERTIFICATE OF DISCLOSURIE 1, Sarah Hofmnann, Director for Public Advocacy for the Vermont Department of Public Service, being duly sworn, state the following:

1. I h ereby certify that to the best of my knowledge, information and belief, the Vermont Department of Public Service is current with its Disclosures pursuant to 10 C.F.R. § 2.336 that are relevant and not privileged to the contentions now being considered in this docket before the Atomic Safety and Licensing Board.2. To the best- of my knowledge, information and belief, these disclosures are accurate and complete as of this date.Dated at Montpelier, Vermont this. 3rd day of January, 2008.Director for ublic/Advocacy Vermont Department of Public Service 112 State Street -Drawer 20 Montpelier, VT 05620-2601 Subscribed and sworn to before me this 3rd day of January, 2008.Susan Pittsley 2 Notary Public My commission expires 0Q-I0 I 0:2--

January 3, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of)) Docket No. 50-271 -LR ENTERGY NUCLEAR VERMONT)YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC.)(Vermont Yankee Nuclear Power Station))VERMONT DEPARTMENT OF PUBLIC SERVICE DISCLOSURE OF 1/3/08 PURSUANT TO 10 C.F.R. ý 2.336 Pursuant to 10 C.F.R. § 2.336(a) and (d), the Vermont Department of Pubhlc Service ("DPS" or "Department"), hereby makes the following continuing disclosures.

Documents provided in hard copy with this transmittal

34. Letter dated December 17, 2007 from DPS Commissioner David O'Brien to Pao-Tsin Kuo, Director of the NRC Division of License Renewal, re OIG Audit Report and the Vermont Yankee Final Safety'Evaluation Report.Respectffifiy s ,ubted Director for ulcAvcc Vermont, Department of Public Service 112 State Street,.Montpelier, VT 05620-260 1 Tel. (802) 828-3088 State of Vermont FAX: 802-828-2342 Department of Public Service TITY VT: 800-734-8390 112 State Street email: vtdps@State-vt.us Drawer 20 http://publicservice.vennont.gov-Montpelier, VT 05620-2601 TEL: 802-828-2811 December 17, 2007 U.S. Nuclear Regulatory Commission Attn: Mr. Pao-Tsin Kuo SENT VIA FACSIMILIE:

301-415-2002 Director, Division of License Renewal Mail Stop OliFi 11555 Rockville Pike Rockville, MO 20852 Re: Vermont Yankee Nuclear Power Station Final Safety Evaluation Report

Dear Mr. Pao-Tsin Kuo:

It is my understanding that the Final Safety Evaluation Report ("FSER") for the proposed license extension-of the Vermont Yankee Nuclear Power Station will be issued this month. My staff and I have reviewed the Audit Report from the Office of the Inspector Genheral issued on September 6, 2007 (OIG-07-A-

15) regarding the NRC's License Renewal Program. The report raised a red flag for Vermont in terms of the quality of the upcoming ESER. I am contacting you before the FSER is. issued to ask that you review the FSER prior to issuance t 'o -ensure that the problems discussed in the Audit Report are not inherent in the FSER for Vermont Yankee.Specifi~cally, I would like assurance that the. NRC Staff in its review, independently verified licensee supplied operating ex4perience and have not simply relied on Entergy's reporting.

Vermont considers operating experience a critical factor in looking at license renewal. I would like to know that NRC Staff conducted independent searches of Entergy VY's corrective action databases and reviewed Vermont Yankee's corrective action program. Additionally, that Entet'gy's past inspection reports were thoroughly reviewed.In terms of the report itselfVermonters need to see the basis for the conclusions reached by NRC Staff. The Audit Report gave examples of the lan guage in the FSER simply mirroring what the licensee put in its license renewal application which in term was taken from the GALL Report. Vermont wants to rely on the NRC Staffs' work as an independent look at the issue of license renewal and not as a parroting of the application.

In cases where the license application is being quoted, we would like that material to be clearly delineated so a Vermont reader can differentiate what is NRC's independent analysis and what comes from a licensee.

I very much appreciate your review of the PSER prior to release to deal with the troubling issues brought out by the Audit Report. .Your agency is key to ensuring that license renewal is granted only to those plants that are safe and to providing the public a report that clearly shows the NRC analysis in reaching its conclusion.

Please feel free to call me if you have questions about this letter.Very tuyyus David O'Brien, Commissioner Venmont Department of Public Service cc: Jonathan Rowley, NRC Project Manager for License Renewal Honorable Governor James Douglas Honorable Senate Pro Tern Peter Shumnlin Honorable Speaker Gaye Symington January 3, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY, COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ENTERGY NUCLEAR VERMONT YANKEE LLC AND ENTERGY NUCLEAR OPERATIONS, INC.(Vermont Yankee Nuclear Power Station)) Docket No. 50-271 -LR) ASLBP No. 06-8.49-Q.3-LR CERTIFICATE OF SERVICE I hereby certify that copies of the Department of Public Service Disclosure and Certification of Disclosure were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, on the 3rd day of January, 2008, and by electronic mail and where indicated by an asterisk on the 3rd day of January, 2008.*Office of Commission Appellate Adjudication Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-000 1 OCAArnailgdnrc.

gov*Anithony Z. Roisman, Esq.National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 aroisman(g3nationallegalscholars.com

• Ronald A. Shems, Esq.*Karen Tyler, EsqI.Shems, Dunkiel, Kassel & Saunders, PLLC.91 College Street Burlington, VT 05401 rshems(gsdkslaw.

corn ktyler(gsdkslaw.

corn*Lloyd B. Subin, Esq.*Mary C. Baty, Esq.*David E. Roth Office of the General Counsel Mail Stop 0- 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 lbs3 (dnrc. gov mcb 1 gnrc. gov der(gnrc.

gov*David R. Lewis, Esq.*Matias F. Travieso-Diaz Pillsbury, Winthrop, Shaw, Pittman, LLP.2300 N.Street, N.W.Washington, DC 20037-1128 david.lewis(@,pillsbuyLaw.com matias.travieso-diazgpillsburvlaw.

com Lawrence J. Chandler, Esq.Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

• Peter Roth, Esq.Environmental Protection Bureau Attorney General Department of Justice 33 Capitol Street Concord, NH 03301-6397 mailto:jennifer.hatterson(gdoi .nh.gov*Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: 0-16 CI U.S. Nuclear Regulatory Commission Washington D.C, 20555-0001 hearingdocket~nrc.

gov secY(knrc.

gov Respectfully submitted,£~~TA N.Susan Pittsley )Vermont Department of Public Service (