ML061710098

2006/06/19-NRC Staff'S Supplement to Its Initial Testimony Concerning NEC Contentions 3 and 4

ML061710098
Person / Time
Site:	Vermont Yankee
Issue date:	06/19/2006
From:	Sherwin Turk NRC/OGC
To:	Atomic Safety and Licensing Board Panel
S Turk, NRC/OGC, 301-415-1533
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11812
Download: ML061710098 (8)

Text

1 See (1) "NRC Staff Testimony of Richard B. Ennis, Steven R. Jones, Robert L. Pettis, Jr.,George Thomas, and Zeynab Abdullahi Concerning NEC Contention 3," dated May 17, 2006; and(2) "NRC Staff Testimony of David C. Jeng, Steven R. Jones and Richard B. Ennis Concerning NECContention 4," dated May 17, 2006. June 19, 2006UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONBEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)

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

)(Vermont Yankee Nuclear Power Station))NRC STAFF'S SUPPLEMENT TO ITS INITIALTESTIMONY CONCERNING NEC CONTENTIONS 3 AND 4 On June 5, 2006, the Atomic Safety and Licensing Board's issued its "Order (RegardingSubmission of Supplemental Documents)" ("Order"), in which it directed the parties to filesupplements to their pre-filed testimony in this proceeding, by submitting copies of documents "that are relied upon to prove or substantiate [its] position, or that are referenced by, and are material to support, the testimony of one of its witnesses." Order at 3. In accordance with the Licensing Board's Order, the NRC Staff ("Staff") hereby supplements its testimony on NECContentions 3 and 4, filed on May 17, 2006, 1 by submitting a list, and certain copies, of thedocuments that are relied upon to prove or substantiate its position, or that are referenced byand are material to support the testimony of its witnesses. The Staff notes that some of the documents identified in the list below have beenidentified by Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

(collectively, "Applicant") as exhibits or as documents relied upon in the testimony of its 2 See "Entergy's Supplement to Direct Testimony on NEC Contentions 3 and 4" ("Applicant'sSupplement"), dated June 19, 2006. No supplement has yet been filed by NEC at this time.

3 See (1) letter from Graham B. Wallis, Chairman, Advisory Committee on Reactor Safeguards("ACRS") to NEC Chairman Nils J. Diaz, dated January 4, 2006, attached to "NEC Staff's EleventhStatus Report on Review Schedule," dated January 17, [2006]; and (2) letter from Sherwin E. Turk to theLicensing Board, dated March 2, 2006, transmitting copies of the Final SE; . witnesses in this proceeding.

2 Documents which were relied upon by the Staff that wereidentified and produced by the Applicant are listed below but are not being produced herewith,in order to avoid unnecessary duplication. In addition, the Staff notes that it has previously distributed copies of its Final SafetyEvaluation ("Final SE") (both the proprietary and non-proprietary versions) and the Advisory Committee on Reactor Safeguards ("ACRS") letter of January 4, 2006, to all persons on the Staff's service list who are entitled to receive those documents.

3 Inasmuch as copies of thosedocuments (Items 1-3 on the list below) have already been provided to the Licensing Board and parties, additional copies thereof are not being produced at this time. Finally, the Staff notes that two of the documents identified in the list below contain proprietary information. The Staffwill transmit those documents to the Licensing Board by separate letter on June 20, 2006. 4 Items marked with an asterisk are being provided herewith; all other items have beenproduced previously, as stated herein. As indicated below, the Staff is producing herewith copies ofItems 4, 9, 10, 11, 13, 15, 16, 17, 18, 19, 20, 23, and 30. Two documents (Items 14 and 21) containproprietary information and will be produced by separate letter to the Licensing Board on June 20, 2006.DOCUMENTS RELIED UPON OR REFERENCED BYAND MATERIAL TO SUPPORT THE NRC STAFF'S INITIALTESTIMONY CONCERNING NEC CONTENTIONS 3 AND 4 4A.Documents Generally Relevant to All Admitted Contentions1."Safety Evaluation by the Office of Nuclear Reactor Regulation Related toAmendment No. 229 to Facility Operating License No. DPR-28, Entergy NuclearVermont Yankee, LLC and Entergy Nuclear Operations, Inc., Vermont Yankee Nuclear Power Station, Docket No. 50-271" (March 2, 2006) (proprietary version)

(previously produced by letter dated March 2, 2006).2."Safety Evaluation by the Office of Nuclear Reactor Regulation Related toAmendment No. 229 to Facility Operating License No. DPR-28, Entergy NuclearVermont Yankee, LLC and Entergy Nuclear Operations, Inc., Vermont Yankee Nuclear Power Station, Docket No. 50-271" (March 2, 2006) (ADAMS Accession No. ML060050028) (non-proprietary version) (previously produced by letter dated March 2, 2006).3.Letter from Graham B. Wallis, Chairman, Advisory Committee on ReactorSafeguards ("ACRS"), to NRC Chairman Nils J. Diaz,

Subject:

"Vermont YankeeExtended Power Uprate" (January 4, 2006) (previously produced on January 17, 2006).B.Documents Relevant to NEC Contention 3 (Large Transient Testing)4.*NRC Regulatory Guide ("RG") 1.68, "Initial Test Programs for Water-CooledNuclear Power Plants," Revision 2 (August 1978), and Appendix A thereto.5.Office of Nuclear Reactor Regulation, "Review Standard for Extended PowerUprates," RS-001, Rev. 1 (Dec. 2003) (ADAMS Accession No. ML033640024)

(previously identified and provided as "Staff Exhibit A," on May 17, 2006).6.Office of Nuclear Reactor Regulation, "Standard Review Plan for the Review ofSafety Analysis Reports for Nuclear Power Plants," NUREG-0800, § 14.2.1,"Generic Guidelines for Extended Power Uprate Testing Programs," Draft Revision 0, dated December 2002 (previously identified and provided as "Staff Exhibit B" on May 17, 2006). 7.Attachment 7 to Entergy's EPU application, "Vermont Yankee Nuclear PowerStation, Proposed Technical Specification Change No. 263, Extended Power Uprate, Justification for Exception to Large Transient Testing" (Sept. 10, 2003)(previously identified and provided as Applicant's Exhibit 5 on May 17, 2006).8.Attachment 7 to Entergy's EPU application, "Vermont Yankee Nuclear PowerStation, Proposed Technical Specification Change No. 263, Supplement No. 3,Extended Power Uprate, Justification for Exception to Large Transient Testing" (Oct. 28, 2003) (previously identified and provided as Applicant's Exhibit 6 on May 17, 2006).9.*Letter from Jay K. Thayer (Entergy) to NRC Document Control Desk,transmitting Supplement No. 23 to Entergy's EPU application - Response to Request for Additional Information (Feb. 24, 2005) (partial document). 10.*Letter from Jay K. Thayer (Entergy) to NRC Document Control Desk,transmitting Supplement No. 28 to Entergy's EPU application - Response to Request for Additional Information (April 22, 2005) (partial document). 11.*Letter from Robert J. Wanczyk (Entergy) to NRC Document Control Desk,transmitting Supplement No. 30 to Entergy's EPU application - Response to Request for Additional Information (Aug. 1, 2005) (partial document - ). 12.GE Licensing Topical Report NEDC-33004P-A, Revision 4, "Constant PressurePower Uprate" (July 2003) (non-proprietary version identified and produced as Item 1 in Applicant's Supplement of June 19, 2006). 13.*Letter from William H. Ruland (NRC) to James F. Klapproth (GE NuclearEnergy), dated March 31, 2003, transmitting "Safety Evaluation by the Office ofNuclear Reactor Regulation, GE Nuclear Energy Licensing Topical Report, NEDC-33004P, Revision 1, 'Constant Pressure power Uprate', Project No. 710" (non-proprietary version) (Sections 3.4 and 10.5 were previously identified and provided as "Staff Exhibit C" on May 17, 2006).14.Letter from William H. Ruland (NRC) to James F. Klapproth (GE NuclearEnergy), dated March 31, 2003, transmitting "Safety Evaluation by the Office ofNuclear Reactor Regulation, GE Nuclear Energy Licensing Topical Report, NEDC-33004P, Revision 1, 'Constant Pressure power Uprate', Project No. 710" (proprietary version - to be produced by separate letter to the Licensing Board on June 20, 2006). 15.*Letter from Robert L. Tedesco (NRC) to Dr. G. G. Sherwood (General ElectricCo.), dated February 4, 1981,

Subject:

"Acceptance for Referencing General Electric Licensing Topical Report NEDO-24154/NEDE-24154P," with enclosed "Safety Evaluation for the General Electric Topical Report Qualification of the One-Dimensional Core Transient Model for Boiling Water Reactors, NEDO-24154 and NEDE-24154-P" (June 1980). 16.*"Supplemental Safety Evaluation for the General Electric Topical ReportQualification of the One-Dimensional Core Transient Model for Boiling WaterReactors, NEDO-24154 and NEDE-24154-P." 17.*Letter from Cecil O. Thomas (NRC) to J. S. Charnley (General Electric Co.),dated November 5, 1985 ("Acceptance for Referencing of Licensing Topical Report NEDE-24011-P-A, Rev. 6, Amendment 11, 'General Electric Standard Application for Reactor Fuel' (GESTAR II))" 18.*Letter from Gus. C. Lainas (NRC) to J. S. Charnley (General Electric Co.), datedMarch 22, 1986 ("Acceptance for Referencing of Licensing Topical Report NEDE-24011-P-A, 'GE Generic Licensing Reload Report,' Supplement to Amendment 11." 19.*Letter from R. M. Krich, Exelon Generation Co., LLC, to NRC, "Additional TestingInformation Supporting the License Amendment Request to Permit Uprated Power Operation at Dresden Nuclear Power Station and Quad Cities NuclearPower Station," RS-01-104 (May 18, 2001). 20.*"Safety Evaluation by the Office of [NRR] Related to Amendment No. 191 toFacility Operating License No. DPR-19, and Amendment No. 185 to FacilityOperating License No. DPR-25, Exelon Generation Company, LLC, Dresden Nuclear Power Station Units 2 and 3, Dockets No. 50-237 and 50-249" [March 2, 2006] (partial document). 21.GE Nuclear Energy,, GE-NE-0000-0041-1254-R0, DRF 0000-0038-3078,Class III (July 2005), "ODYN Benchmark of the Dresden 3 January 30, 2004Turbine Trip Event" (proprietary information - to be produced by separate letter to the Licensing Board on June 20, 2006). C.Documents Relevant to NEC Contention 4 (ACS Cooling Tower)22."Licensing of Production and Utilization Facilities, General Design Criteria forNuclear Power Plant Construction Permits," 32 Fed. Reg. 10,213 (July 11, 1967)

(Draft GDC, previously identified and provided as Attachment A to "Entergy's Initial Statement of Position on [NEC] Restated Contention 4"). 23.*Entergy, "Updated Final Safety Analysis Report, Vermont Yankee Nuclear PowerStation, UFSAR Revision 20 (partial document).24.ABS Consulting Calculation No. 1356711-C-001,"Cooling Tower SeismicEvaluation," Rev. 1 (April 5, 2005) (previously identified and provided as Entergy Exhibit 7) 25.Declaration of Paul D. Baughman (Oct. 17, 2005), attached to "Entergy'sResponse to NEC's Request for Leave to File a New Contention (Oct. 19, 2005) 26.Cooling Tower Institute ("CTI"), "Standard Specifications for the Design ofCooling Towers with Douglas Fir Lumber", CTI Bulletin STD-114 (Nov. 1996)

(previously identified and provided as Entergy Exhibit 9)27.NRC Integrated Inspection Report 05000271 / 2005003 ("IR 2005-3") (July 20,2005) (previously identified and provided as Entergy Exhibit 19). 28.Vermont Yankee Temporary Modification ("TM") 2005-004, "Installation ofStructural Splices in Cooling Tower CT2-1" (previously identified and provided as Entergy Exhibit 20). 29.State of Vermont Discharge Permit No. 3-1199 (previously identified andprovided as Entergy Exhibit 18). 30.*Newmark, N.M. and W.J. Hall, Development of Criteria for Seismic Review ofSelected Nuclear Power Plants, NUREG/CR-0098 (May 1978). Respectfully submitted, /RA/Sherwin E. TurkSteven C. Hamrick Counsel for NRC StaffDated at Rockville, Marylandthis 19 th day of June, 2006 UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONBEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)

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

)(Vermont Yankee Nuclear Power Station))CERTIFICATE OF SERVICEI hereby certify that copies of "NRC STAFF'S SUPPLEMENT TO ITS INITIAL TESTIMONYCONCERNING NEC CONTENTIONS 3 AND 4" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commission's internal mail system; and bye-mail as indicated by a double asterisk (**), this 19 th day of June, 2006.Alex S. Karlin, Chair**Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@nrc.govDr. Anthony J. Baratta**Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ajb5@nrc.govLester S. Rubenstein**Administrative Judge Atomic Safety and Licensing Board Panel 4760 East Country Villa DriveTucson, AZ 85718 E-mail: lesrrr@comcast.netOffice of the Secretary**ATTN: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.govOffice of Commission Appellate Adjudication*

Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Jonathan M. Rund, Esq.**Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: jmr3@nrc.gov

) Marcia Carpentier, Esq.**Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: MXC7@nrc.gov

)Terence A. Burke**Associate General Counsel Entergy Services, Inc.

1340 Echelon parkway Jackson, MS 39213 E-mail: tburke@entergy.comJay E. Silberg, Esq.**Matias Travieso-Diaz, Esq.**

Pillsbury Winthrop Shaw Pittman, LLP 2300 N St., NW Washington, DC 20037-1128 E-mail: jay.silberg@pillsburylaw.com, and matias.travieso-diaz@pillsburylaw.comRaymond Shadis**Staff Technical Advisor New England Coalition

P.O. Box 98 Edgecomb, ME 04556 E-mail: shadis@prexar.com, shadis@ime.netJohn M. Fulton, Esq.Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601

/RA/ Sherwin E. TurkCounsel for NRC Staff