ML12191A414

Expert Witness Declaration of Arnold Gundersen Regarding Aging Management of Nuclear Fuel Racks

ML12191A414
Person / Time
Site:	Indian Point
Issue date:	02/25/2011
From:	Gundersen A Fairewinds Associates
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML12191A412	List: ML12191A413 ML12191A414 ML12191A415 ML12191A416
References
RAS 22950, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01
Download: ML12191A414 (23)

Text

February 25, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) ) Entergy Nuclear Operations, Inc.

) Docket Nos. 50

-247-LR/286-LR

) Indian Point Nuclear Power Plants

) Units 2 and 3

) EXPERT WITNESS DECLARATION OF ARNOLD GUNDERSEN REGARDING AGING MANAGEMENT OF NUCLEAR FUEL RACKS I, Arnold Gundersen, declare as follows:

1. My name is Arnold Gundersen. I am sui juris. I am over the age of 18-years-old. 2. Riverkeeper has retained me as an expert witness. I have been asked to examine the aging management issues of the fuel racks at Indian Point Units 2 and 3.

3. I earned my Bachelors Degree in Nuclear Engineering from Rensselaer Polytechni c Institute (RPI) cum laude. I earned my Masters Degree in Nuclear Engineering from RPI via an Atomic Energy Commission Fellowship.

4. I began my career as a reactor operator and instructor in 1971 and progressed to the position of Senior Vice President for a nuclear licensee prior to becoming a nuclear engineering consultant and expert witness. My Curriculum Vitae is Attachment 1.

5. I have qualified as an expert witness before the Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board (ASLB) and Advisory Committee on Reactor Safeguards (ACRS), in Federal Court, the State of Vermont Public Service Page 2 of 9 Board, the State of Vermont Environmental Court, and the Florida Public Service Commission.

6. I am an author of the first edition of the Department of Energy (DOE) Decommissioning Handbook.

7. I have more than 38

-years of professional nuclear experience including and not limited to: Cooling Tower Operation, Cooling Tower Plumes, Consumptive Water Loss, Nuclear Plant Operation, Nuclear Management, Nuclear Safety Assessments, Reliability Engineering, In

-service Inspection, Criticality Analysis, Licensing, Engineering Management, Thermohydraulics, Radioactive Waste Processes, Decommissioning, Waste Disposal, Structural Engineering Assessments, Nuclear Fuel Rack Design and Manufacturing, Nuclear Equipment Design and Manufacturing, Prudency Defense, Employee Awareness Programs, Public Relations, Contract Administration, Technical Patents, Archival Storage and Document Control, Source Term Reconstruction, Dose Assessment, Whistleblower Protection, and NRC Regulations and Enforcement.

8. I am employed by Fairewinds Associates, Inc, a paralegal services and expert witness firm. My title is chief engineer.

Introduction

9. As a Vice President with Nuclear Energy Services (NES), a division of The Penn Central Corporation (PCC), and later as its Senior Vice President, I was responsible for its Engineering and Engineered Products divisions.

10. The Engineering and Engineered Products divisions of NES designed and fabricate d nuclear fuel racks for dozens of nuclear power plants throughout the United States.

11. The NES fuel racks used boroflex neutron absorbers sandwiched between stainless steel. The time period when I was responsible for this NES effort was between 1981 and 1990.

Page 3 of 9 12. The NES division reporting to me also performed criticality calculations on these spent fuel racks.

13. Due to my direct working knowledge and expertise in this area, I can state with certainty that the K

-effective criticality calculations conducted by this division and by our competitors did not include any aging issues related to long

-term degradation of the boron neutron absorber.

14. Furthermore, neither NES nor other competitors ever assumed that the boron would slip and gradually move downward over time when k

-effective calculations were performed.

Indian Point

15. My review of the Indian Point docket confirms that the record shows that boroflex neutron absorbers have indeed experienced degradation problems that were unanticipated when the racks were designed, constructed, and installed.

16. In my review of the 2001 08 27 Indian Point 2 Operating License Transferred to Entergy (ML012250459), I found several inaccuracies that I will discuss in my testimony.

3.1.4.2 Spent Fuel Storage Limitations On April 30, 2001, Con Edison submitted to the NRC a business plan, for years 2001

- 2005, that addresses many of the current and future challenges to the operation of the IP2 facility. In the business plan, Con Edison made the following statement:

At present, Indian Point is licensed to operate until 2013. However, the plants spent fuel pool can hold assemblies only until 2002. This issue has been exacerbated by the degradation of the spent fuel storage rack liner boron (Boraflex). Therefore, additional fuel storage is needed earlier than anticipated last year. Even premature shutdown of the plant would entail the continued operation of the Spent Fuel Pool at a cost of approximately xx million or more per year until the pool is emptied. All utilities operating nuclear plants have paid fees to the Department of Energy (DOE) for the development of a spent fuel storage facility. Unfortunately, for a variety of reasons, the DOE will not be able to receive spent fuel until 2010, at the earliest.

Page 4 of 9 Entergy Nuclear IP2, and ENO responded to this request in a letter dated June 6, 2001. In their response, the applicants noted that Con Edison is already in the process of addressing the Boraflex issue and evaluating potential solutions in order to regain storage locations within the SFP that are now considered to be unusable. Among the options being reviewed are: taking credit for soluble boron in the SFP water; and, taking credit for pre-discharge burn

-up of the fuel stored in the SFP

5. The response states that the ongoing activities to address spent fuel storage at IP2 are expected to provide sufficient storage capacity to retain full core off

-load capability until just before the 2006 refueling outage. Entergy Nuclear IP2 and ENO also stated that, after closing, they will, implement appropriate actions to regain the storage spaces affected by Boraflex degradation and will pursue both on-site and off

-site storage options. The applicants stated further that the costs of dry cask storage have been accounted for in the financial projections provided to the NRC in the application.

[Footnote 5 Above]

5 Design analyses for spent fuel storage typically make the conservative assumptions that (1) the fuel within the SFP is all new fuel, which is more reactive than used (burned) fuel; and, (2) the water in the SFP is pure water. These assumptions lead to SFP rack designs that will, through their own inherent design features, prevent criticality in the SFP (Boraflex is one of those design features). In reality, except for just prior to, and during, a refueling outage, the fuel in the SFP has typically all experienced some burn

-up and, thus, is less reactive. Additionally, the water in the SFP contains dissolved boron (soluble boron), a neutron absorber, that provides additional margin in preventing criticality in the SFP.

(ML012250459 page 20 of enclosure 4, 60th page of pdf file

) 17. My experience with criticality design indicates that the statements above are incorrect for specific unanalyzed fuel configurations, and in fact an inadvertent criticality is possible under certain circumstances if the boroflex is degraded.

18. In particular, my experience managing the design of spent fuel racks indicates that there are circumstances when new fuel criticality is possible unless the boroflex retains its integrity.

19. More specifically, new fuel that is temporarily stored in spent fuel racks prior to loading it into the reactor may have an inadvertent criticality. The design as analyzed appears to be over moderated and not conservatively analyzed. In other words, as the concentration density decreases in the water surrounding the new fuel, K-effective may rise because there is less borated water and more reliance is placed Page 5 of 9 upon the boroflex to absorb the spent fuel pool with its additional burden of fresh fu el. 20. Indian Points boroflex has indeed become degraded. Based upon my direct knowledge of criticality analyses performed on Cray super computers, the evidence shows the k

-effective for new fuel stored on spent fuel racks in the spent fuel pool, the worst-case conditions in the scenario quoted above have not been adequately analyzed for Indian Point Units 2 and 3, even if the Boroflex had retained its integrity.

21. Furthermore, in my experience, in the event that there are steam voids in the water caused by fire or inadequate cooling, criticality is possible unless the boroflex retains complete integrity.

22. My personal knowledge of spent fuel rack criticality shows that the worst

-case criticality occurs when the new fuel is surrounded by 90

-percent-water and 1 0-percent-voids. 23. In my professional opinion, and based upon my professional experience as delineated in this declaration, the NRCs Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3 is inadequate in its assessment of criticality issues (k

-effective). adequately addresses

24. The criticality issues (k

-effective) associated with the storage of new fuel in spent fuel racks where the boroflex is degraded, as it appears to be at Indian Point, has not been adequately analyzed and/or addressed in the NRCs Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and

3. 25. More specifically, boroflex aging is not managed by the Indian Points aging management program, rather Entergy watches as the boron degrades, according to the Boroflex Monitoring Program detailed in the NRC Safety Evaluation Report Related to the License Renewal of Indian Point Nuclear Generating Unit Nos. 2 and 3 Docket Nos. 50

-247 and 50

-286 Entergy Nuclear Operations, Inc.

Page 6 of 9 3.0.3.2.3 Boraflex Monitoring Program Summary of Technical Information in the Application. LRA Section B.1.3 describes the existing Boraflex Monitoring Program as consistent with GALL AMP XI.M22, Boraflex Monitoring, with exceptions. The Boraflex Monitoring Program prevents degradation of the Boraflex panels in the spent fuel racks from compromising the criticality analysis supporting the design of the spent fuel storage racks. The program relies on 1) areal density testing, 2) a predictive computer code, and 3) determination of boron loss through correlation of silica levels in spent fuel water samples to maintain the required five percent subcriticality margin. Corrective actions follow if test results find that the five percent subcriticality margin cannot be maintained because of current or projected Boraflex degradation. This program applies to IP2 only as no Boraflex is used for criticality control of IP3 spent fuelÉ..

Conclusion. On the basis of its review of the applicants Boraflex Monitoring Program, the staff determines that those program elements, for which the applicant claimed consistency with the GALL Report are consistent. In addition, the staff reviewed the exceptions and their justifications and determines that the program is adequate to manage the aging effects for which it is credited. The staff concludes that the applicant has demonstrated that the effects of aging will be adequately managed so that the intended functions will be maintained consistent with the CLB for the period of extended operation, as required by 10 CFR 54.21(a)(3). The staff also reviewed the UFSAR supplement for this program and concludes that it provides an adequate summary description of the program, as required by 10 CFR 54.21(d).

26. Table 3.5.2-3, cited by the Staff and Entergy, appears to deal only with aging management of the stainless steel portions of the spent fuel pool rack during the period of extended operation and leaves the boroflex degradation issue completely unanalyzed.

27. Boroflex will continue to degrade despite the institution of any aging management program to the stainless steel within the fuel racks. Therefore, any fuel rack aging management program is wholly irrelevant to my contention because it still neglects the significant industry

-wide issue of boroflex degradation. The other aging management programs (AMPs) cited by Entergy (Entergy Ans. at 21) also are not applicable to the unique condition of boroflex degradation because Entergy has only reviewed the anticipated period of extended operation rather than a complete Page 7 of 9 operational history, and are therefore are also irrelevant to the aforementioned contentions.

28. Due to the industry

-wide issue of boroflex degradation, on February 16, 2011 the NRC issued NRC Information Notice 2011-03: Nonconservative Criticality Safety Analyses For Fuel Storage that discusses the issue of k

-effective criticality.

(ML103090055)

Both of these uncertainties, if not properly treated, may lead to non

-conservative estimation of the maximum k

-effective, and regulatory compliance may not be assured. Analyses with small margins to the regulatory limit are especially vulnerable to noncompliance with 10 CFR 50.68 and non

-conservative technical specifications if these issues are present.

29. In NRC Information Notice 2011-03, the NRC itself acknowledges that there is a very small margin between criticality and non

-criticality in densely packed spent nuclear fuel racks and that calculational uncertainties may indeed exceed the margin of difference.

30. Additionally, the October 28, 2009 NRC Information Notice 2009

-26: Degradation Of Neutron

-Absorbing Materials In The Spent Fuel Pool highlights the problems associated with degradation of boron used as a neutron absorber in a nuclear fuel rack. In this notice, the NRC alerts the nuclear industry that in certain circumstances more than 60

-percent of the boron may have dissolved from the absorber.

(ML092440545)

The licensee performed in situ Boron

-10 Areal Density Gauge for Evaluating Racks (BADGER) testing of approximately 2 percent of the storage locations, which revealed that the Boron

-10 areal density of the SFP racks was, at a minimum, approximately one

-third of its original design value.

31. Furthermore, NRC Information Notice 2009

-26 also warns the nuclear power generators that The exact degradation mechanism or mechanisms are not clearly understoodÉ and in some circumstances the Boral¨ contained in SFP racks can blister and the blisters could grow to a point where the water from the flux trap of the region 1 rack could be displaced with gas. This deformation has the potential to challenge dimensional assumptions made in the fuel pool criticality analysis.

Page 8 of 9 32. Finally, because there is no legal requirement that the fuel in the Indian Point Units 2 and 3 spent fuel pools is removed at shutdown, the fuel may remain in the spent fuel pool long after Entergys Indian Point license extension and its associated aging management programs have ended, maybe for decades after the eventual shut down of the nuclear power plants. Neither the aging management program nor any other license or license application document address this scenario.

33. In summary, Entergy has failed to provide adequate aging management plans for the spent fuel pool during this period and has specifically failed to create an aging management program for the spent fuel pool Boral panels.

Conclusion

34. My experience analyzing rack criticality indicates that a conservative criticality analysis does not appear to have been completed for the Indian Point Units 2 and 3 Fuel Racks.

35. More importantly, the lack of a conservative criticality analysis criticality analysis is compounded by the continuing degradation of boron absorbers in the Indian Point Units 2 and 3 fuel racks.

36. Finally, the NRC itself has issued a series of information notices alerting the nuclear power generators to spent fuel rack physical failures (identified in Information Notice 2009-26) and spent fuel rack analytical failures identified in (Information Notice 2011-03) 37. In conclusion, the evidence shows that the spent fuel pool aging management programs for the period of extended operation are inadequate to assure inadvertent criticality and the generic findings regarding 60

-years of safe and minimal impact storage are not applicable to the spent fuel pool at Indian Point Units 2 and 3. Attachments:

Attachment 1 Curriculum Vitae

CURRICULUM VITAE Arnold Gundersen Chief Engineer, Fairewinds Associates, Inc February 2011 Education and Training ME NE Master of Engineering Nuclear Engineering Rensselaer Polytechnic Institute, 1972 U.S. Atomic Energy Commission Fellowship Thesis: Cooling Tower Plume Rise BS NE Bachelor of Science Nuclear Engineering Rensselaer Polytechnic Institute, Cum Laude, 1971 James J. Kerrigan Scholar RO Licensed Reactor Operator, U.S. Atomic Energy Commission License # OP-3014 Qualifications including and not limited to

¥ Chief Engineer, Fairewinds Associates, Inc

¥ Nuclear Engineering, Safety, and Reliability Expert

¥ Federal and Congressional hearing testimony and Expert Witness testimony

¥ Former Senior Vice President Nuclear Licensee

¥ Former Licensed Reactor Operator

¥ 39-years of nuclear industry experience and oversight o Nuclear engineering management assessment and prudency assessment o Nuclear power plant licensing and permitting assessment and review o Nuclear safety assessments, source term reconstructions, dose assessments, criticality analysis, and thermohydraulics o Contract administration, assessment and review o Systems engineering and structural engineering assessments o Cooling tower operation, cooling tower plumes, thermal discharge assessment, and consumptive water use o Nuclear fuel rack design and manufacturing, nuclear equipment design and manufacturing, and technical patents o Radioactive waste processes, storage issue assessment, waste disposal and

decommissioning experience o Reliability engineering and aging plant management assessments, in-service

inspection o Employee awareness programs, whistleblower protection, and public

communications o Quality Assurance (QA) & records Publications Co-author Fairewinds Associates 2009-2010 Summary to JFC, July 26, 2010 State of Vermont, Joint Fiscal Office, (http://www.leg.state.vt.us/jfo/envy.aspx).

Co-author Supplemental Report of the Public Oversight Panel Regarding the Comprehensive Reliability Assessment of the Vermont Yankee Nuclear Power Plant July 20, 2010, to the Vermont State Legislature by the Vermont Yankee Public Oversight Panel.

Page 2 of 14 Co-author Ñ The Second Quarterly Report by Fairewinds Associates, Inc to the Joint Legislative Committee regarding buried pipe and tank issues at Entergy Nuclear Vermont Yankee

and Entergy proposed Enexus spinoff. See two reports:

Fairewinds Associates 2nd Quarterly Report to JFC and Enexus Review by Fairewinds Associates.

Author Ñ Fairewinds Associates, Inc First Quarterly Report to the Joint Legislative Committee , October 19, 2009.

Co-author Ñ Report of the Public Oversight Panel Regarding the Comprehensive Reliability Assessment of the Vermont Yankee Nuclear Power Plant , March 17, 2009, to the Vermont State Legislature by the Vermont Yankee Public Oversight Panel.

Co-author Ñ Vermont Yankee Comprehensive Vertical Audit VYCVA Recommended Methodology to Thoroughly Assess Reliability and Safety Issues at Entergy Nuclear Vermont Yankee, January 30, 2008 Testimony to Finance Committee Vermont Senate.

Co-author Ñ Decommissioning Vermont Yankee Stage 2 Analysis of the Vermont Yankee Decommissioning Fund The Decommissioning Fund Gap , December 2007, Fairewinds Associates, Inc. Presented to Vermont State Senators and Legislators.

Co-author Ñ Decommissioning the Vermont Yankee Nuclear Power Plant: An Analysis of Vermont Yankees Decommissioning Fund and Its Projected Decommissioning Costs , November 2007, Fairewinds Associates, Inc.

Co-author Ñ DOE Decommissioning Handbook, First Edition , 1981-1982, invited author.

Patents Energy Absorbing Turbine Missile Shield U.S. Patent # 4,397,608 8/9/1983 Committee Memberships Vermont Yankee Public Oversight Panel, appointed 2008 by President Pro-Tem Vermont Senate National Nuclear Safety Network Founding Board Member Three Rivers Community College Nuclear Academic Advisory Board Connecticut Low Level Radioactive Waste Advisory Committee 10 years, founding member Radiation Safety Committee, NRC Licensee founding member ANSI N-198, Solid Radioactive Waste Processing Systems Honors U.S. Atomic Energy Commission Fellowship, 1972 B.S. Degree, Cum Laude, RPI, 1971, 1 st in nuclear engineering class Tau Beta Pi (Engineering Honor Society), RPI, 1969 1 of 5 in sophomore class of 700

James J. Kerrigan Scholar 19671971 Teacher of the Year 2000, Marvelwood School Publicly commended to U.S. Senate by NRC Chairman, Ivan Selin, in May 1993 It is true...everything Mr. Gundersen said was absolutely right; he performed quite a service.

Expert Witness Testimony and Nuclear Engineering Analysis and Consulting Vermont State Nuclear Advisory Panel (VSNAP)

February 22, 2011 Testimony and presentation entitled the Vermont Yankee Public Oversight Panel Supplemental Report regarding management issues at the Vermont Yankee Nuclear Power Plant to the reconvened Vermont State Nuclear Advisory Panel.

Page 3 of 14 Vermont State Legislature Senate Committee On Natural Resources And Energy February 8, 2011. Testimony:

Vermont Yankee Leaks and Implications.

(http://www.leg.state.vt.us/jfo/envy.aspx)

Vermont State Legislature January 26, 2011 House Committee On Natural Resources And Energy, and Senate Committee On Natural Resources And Energy Testimony regarding Fairewinds Associates, Incs report:

Decommissioning the Vermont Yankee

Nuclear Power Plant and Storing Its Radioactive Waste (http://www.leg.state.vt.us/jfo/envy.aspx). Additional testimony was also given regarding the new est radioactive isotopic leak at the Vermont Yankee nuclear power plant.

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee Decommissioning the Vermont Yankee Nuclear Power Plant and Storing Its Radioactive Waste January 2011. (http://www.leg.state.vt.us/jfo/envy.aspx).

U.S. Nuclear Regulatory Commission Advisory Committee on Reactor Safeguards (NRC-ACRS) AP1000 Sub-Committee Nuclear Containment Failures: Ramifications for the AP1000 Containment Design, Supplemental Report submitted December 21, 2010. (http://fairewinds.com/reports)

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee Reliability Oversight Entergy Nuclear Vermont Yankee, December 6, 2010. Discussion regarding the leaks at Vermont Yankee and the ongoing monitoring of those leaks and ENVYs progress addressing the 90-items identified in Act 189 that require remediation.

(http://www.leg.state.vt.us/jfo/envy.aspx).

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Declaration Of Arnold Gundersen Supporting Blue Ridge Environmental Defense Leagues

Contention Regarding Consumptive Water Use At Dominion Powers Newly Proposed North Anna Unit 3 Pressurized Water Reactor in the matter of Dominion Virginia Power North Anna Power Station Unit 3 Docket No.52-017 Combined License Application ASLBP#08-863 COL, October 2, 2010.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Declaration Of Arnold Gundersen Supporting Blue Ridge Environmental Defense Leagues

New Contention Regarding AP1000 Containment Integrity On The Vogtle Nuclear Power Plant Units 3 And 4 in the matter of the Southern Nuclear Operating Company Vogtle Electric Generating Plant, Units 3&4 Combined License Application, Docket Nos. 52-025-COL and 52-026-COL and ASLB No. 09-873-01-COL-BD01, August 13, 2010.

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee July 26, 2010 Summation for 2009 to 2010 Legislative Year For the Joint Fiscal Committee Reliability Oversight Entergy Nuclear Vermont Yankee (ENVY) Fairewinds Associates 2009-2010. This summary includes an assessment of ENVYs progress (as of July 1, 2010) toward meeting th e

Page 4 of 14 milestones outlined by the Act 189 Vermont Yankee Public Oversight Panel in its March 2009 report to the Legislature, the new milestones that have been added since the incident with the tritium leak and buried underground pipes, and the new reliability challenges facing ENVY, Entergy, and the State of Vermont. (http://www.leg.state.vt.us/jfo/envy.aspx)

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Declaration Of Arnold Gundersen Supporting Blue Ridge Environmental Defense Leagues

Contentions in the matter of Dominion Virginia Power North Anna Station Unit 3 Combined License Application, Docket No.52-017, ASLBP#08-863-01-COL, July 23, 2010.

Florida Public Service Commission (FPSC)

Licensing and construction delays due to problems with the newly designed Westinghouse AP1000 reactors in Direct Testimony In Re: Nuclear Plant Cost Recovery Clause By The Southern Alliance For Clean Energy (SACE), FPSC Docket No. 100009-EI, July 8, 2010.

U.S. Nuclear Regulatory Commission Advisory Committee on Reactor Safeguards (NRC-ACRS) AP1000 Sub-Committee Presentation to ACRS regarding design flaw in AP1000 Containment June 25, 2010 Power Point Presentation: http://fairewinds.com/content/ap1000-nuclear-design-flaw-addressed-to-nrc-acrs.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Second Declaration Of Arnold Gundersen Supporting Supplemental Petition Of Intervenors Contention 15: DTE COLA Lacks Statutorily Required Cohesive QA Program June 8, 2010.

NRC Chairman Gregory Jaczko, ACRS, Secretary of Energy Chu, and the White House Office of Management and Budget AP1000 Containment Leakage Report Fairewinds Associates - Gundersen, Hausler, 4-21-2010.

This report, commissioned by the AP1000 Oversight Group, analyzes a potential flaw in the containment of the AP1000 reactor design.

Vermont State Legislature House Committee On Natural Resources And Energy April 5, 2010 Testified to the House Committee On Natural Resources And Energy regarding discrepancies in

Entergys TLG Services decommissioning analysis. See Fairewinds Cost Comparison TLG Decommissioning (http://www.leg.state.vt.us/jfo/envy.aspx).

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee February 22, 2010 The Second Quarterly Report by Fairewinds Associates, Inc to the Joint Legislative Committee regarding buried pipe and tank issues at Entergy Nuclear Vermont Yankee and Entergy proposed Enexus spinoff. See two reports:

Fairewinds Associates 2nd Quarterly Report to JFC and Enexus Review by Fairewinds Associates. (http://www.leg.state.vt.us/jfo/envy.aspx).

Page 5 of 14 Vermont State Legislature Senate Natural Resources February 16, 2010 Testified to Senate Natural Resources Committee regarding causes and severity of tritium leak in

unreported buried underground pipes, status of Enexus spinoff proposal, and health effects of tritium.

Vermont State Legislature Senate Natural Resources February 10, 2010 Testified to Senate Natural Resources Committee regarding causes and severity of tritium leak in unreported buried underground pipes. http://www.youtube.com/watch?v=36HJiBrJSxE

Vermont State Legislature Senate Finance February 10, 2010 Testified to Senate Finance Committee regarding A Chronicle of Issues Regarding Buried Tanks and Underground Piping at VT Yankee. (http://www.leg.state.vt.us/jfo/envy.aspx).

Vermont State Legislature House Committee On Natural Resources And Energy January 27, 2010 A Chronicle of Issues Regarding Buried Tanks and Underground Piping at VT Yankee. (http://www.leg.state.vt.us/jfo/envy.aspx).

Submittal to Susquehanna River Basin Commission, by Eric Epstein January 5, 2010 Expert Witness Report Of Arnold Gundersen Regarding Consumptive Water Use Of The

Susquehanna River By The Proposed PPL Bell Bend Nuclear Power Plant In the Matter of RE:

Bell Bend Nuclear Power Plant Application for Groundwater Withdrawal Application for

Consumptive Use BNP-2009-073.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Declaration of Arnold Gundersen Supporting Supplemental Petition of Intervenors Contention

15: Detroit Edison COLA Lacks Statutorily Required Cohesive QA Program , December 8, 2009.

U.S. NRC Region III Allegation Filed by Missouri Coalition for the Environment Expert Witness Report entitled:

Comments on the Callaway Special Inspection by NRC

Regarding the May 25, 2009 Failure of its Auxiliary Feedwater System, November 9, 2009.

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee Oral testimony given to the Vermont State Legislature Joint Fiscal Committee October 28, 2009.

See report:

Quarterly Status Report - ENVY Reliability Oversight for JFO (http://www.leg.state.vt.us/jfo/envy.aspx).

Vermont State Legislature Joint Fiscal Committee Legislative Consultant Regarding Entergy Nuclear Vermont Yankee The First Quarterly Report by Fairewinds Associates, Inc to the Joint Legislative Committee regarding reliability issues at Entergy Nuclear Vermont Yankee, issued October 19, 2009.

See report:

Quarterly Status Report - ENVY Reliability Oversight for JFO (http://www.leg.state.vt.us/jfo/envy.aspx).

Florida Public Service Commission (FPSC)

Page 6 of 14 Gave direct oral testimony to the FPSC in hearings in Tallahassee, FL, September 8 and 10, 2009 in support of Southern Alliance for Clean Energy (SACE) contention of anticipated licensing and construction delays in newly designed Westinghouse AP 1000 reactors proposed by Progress Energy Florida and Florida Power and Light (FPL).

Florida Public Service Commission (FPSC)

NRC announced delays confirming my original testimony to FPSC detailed below. My

supplemental testimony alerted FPSC to NRC confirmation of my original testimony regarding licensing and construction delays due to problems with the newly designed Westinghouse AP 1000 reactors in Supplemental Testimony In Re: Nuclear Plant Cost Recovery Clause By The Southern Alliance For Clean Energy , FPSC Docket No. 090009-EI, August 12, 2009.

Florida Public Service Commission (FPSC)

Licensing and construction delays due to problems with the newly designed Westinghouse AP

1000 reactors in Direct Testimony In Re: Nuclear Plant Cost Recovery Clause By The Southern Alliance For Clean Energy (SACE), FPSC Docket No. 090009-EI, July 15, 2009.

Vermont State Legislature Joint Fiscal Committee Expert Witness Oversight Role for Entergy Nuclear Vermont Yankee (ENVY)

Contracted by the Joint Fiscal Committee of the Vermont State Legislature as an expert witness to oversee the compliance of ENVY to reliability issues uncovered during the 2009 legislative session by the Vermont Yankee Public Oversight Panel of which I was appointed a member along with former NRC Commissioner Peter Bradford for one year from July 2008 to 2009.

Entergy Nuclear Vermont Yankee (ENVY) is currently under review by Vermont State Legislature to determine if it should receive a Certificate for Public Good (CPG) to extend its operational license for another 20-years. Vermont is the only state in the country that has legislatively created the CPG authorization for a nuclear power plant. Act 160 was passed to ascertain ENVYs ability to run reliably for an additional 20 years. Appointment from July 2009 to May 2010.

U.S. Nuclear Regulatory Commission Expert Witness Declaration regarding Combined Operating License Application (COLA) at North Anna Unit 3 Declaration of Arnold Gundersen Supporting Blue Ridge Environmental Defense Leagues Contentions (June 26, 2009).

U.S. Nuclear Regulatory Commission Expert Witness Declaration regarding Through-wall Penetration of Containment Liner and Inspection Techniques of the Containment Liner at Beaver Valley Unit 1 Nuclear Power Plant Declaration of Arnold Gundersen Supporting Citizen Powers Petition (May 25, 2009).

Page 7 of 14 U.S. Nuclear Regulatory Commission Expert Witness Declaration regarding Quality Assurance and Configuration Management at

Bellefonte Nuclear Plant Declaration of Arnold Gundersen Supporting Blue Ridge Environmental Defense Leagues Contentions in their Petition for Intervention and Request for Hearing , May 6, 2009.

Pennsylvania Statehouse Expert Witness Analysis presented in formal presentation at the Pennsylvania Statehouse, March

26, 2009 regarding actual releases from Three Mile Island Nuclear Accident. Presentation may be found at: http://www.tmia.com/march26 Vermont Legislative Testimony and Formal Report for 2009 Legislative Session As a member of the Vermont Yankee Public Oversight Panel, I spent almost eight months

examining the Vermont Yankee Nuclear Power Plant and the legislatively ordered Comprehensive Vertical Audit. Panel submitted Act 189 Public Oversight Panel Report March 17, 2009 and oral testimony to a joint hearing of the Senate Finance and House Committee On Natural Resources And Energy March 19, 2009. (See:

http://www.leg.state.vt.us/JFO/Vermont%20Yankee.htm)

Finestone v FPL (11/2003 to 12/2008) Federal Court Plaintiffs Expert Witness for Federal Court Case with Attorney Nancy LaVista, from the firm

Lytal, Reiter, Fountain, Clark, Williams, West Palm Beach, FL. This case involved two plaintiffs in cancer cluster of 40 families alleging that illegal radiation releases from nearby nuclear power plant caused childrens cancers. Production request, discovery review, preparation of deposition questions and attendance at Defendants experts for deposition, preparation of expert witness testimony, preparation for Daubert Hearings, ongoing technical oversight, source term reconstruction and appeal to Circuit Court.

U.S. Nuclear Regulatory Commission Advisory Committee Reactor Safeguards (NRC-ACRS)

Expert Witness providing oral testimony regarding Millstone Point Unit 3 (MP3) Containment

issues in hearings regarding the Application to Uprate Power at MP3 by Dominion Nuclear, Washington, and DC. (July 8-9, 2008).

Appointed by President Pro-Tem of Vermont Senate to Legislatively Authorized Nuclear Reliability Public Oversight Panel To oversee Comprehensive Vertical Audit of Entergy Nuclear Vermont Yankee (Act 189) and testify to State Legislature during 2009 session regarding operational reliability of ENVY in relation to its 20-year license extension application. (July 2, 2008 to present). U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Expert Witness providing testimony regarding Pilgrim Watchs Petition for Contention 1 Underground Pipes (April 10, 2008).

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Page 8 of 14 Expert Witness supporting Connecticut Coalition Against Millstone In Its Petition For Leave To Intervene, Request For Hearing, And Contentions Against Dominion Nuclear Connecticut Inc.s Millstone Power Station Unit 3 License Amendment Request For Stretch Power Uprate (March 15, 2008).

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Expert Witness supporting Pilgrim Watchs Petition For Contention 1

specific to issues

regarding the integrity of Pilgrim Nuclear Power Stations underground pipes and the ability of Pilgrims Aging Management Program to determine their integrity. (January 26, 2008).

Vermont State House 2008 Legislative Session

! House Committee on Natural Resources and Energy Comprehensive Vertical Audit:

Why NRC Recommends a Vertical Audit for Aging Plants Like Entergy Nuclear Vermont Yankee (ENVY) ! House Committee on Commerce Decommissioning Testimony Vermont State Senate 2008 Legislative Session

! Senate Finance testimony regarding Entergy Nuclear Vermont Yankee Decommissioning Fund ! Senate Finance testimony on the necessity for a Comprehensive Vertical Audit (CVA) of

Entergy Nuclear Vermont Yankee

! House Committee on Natural Resources and Energy testimony regarding the placement of high-level nuclear fuel on the banks of the Connecticut River in Vernon, VT

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

MOX Limited Appearance Statement to Judges Michael C. Farrar (Chairman), Lawrence G.

McDade, and Nicholas G. Trikouros for the Petitioners: Nuclear Watch South, the Blue Ridge Environmental Defense League, and Nuclear Information & Resource Service in support of Contention 2: Accidental Release of Radionuclides, requesting a hearing concerning faulty accident consequence assessments made for the MOX plutonium fuel factory proposed for the Savannah River Site. (September 14, 2007).

Appeal to the Vermont Supreme Court (March 2006 to 2007)

Expert Witness Testimony in support of New England Coalitions Appeal to the Vermont

Supreme Court Concerning: Degraded Reliability at Entergy Nuclear Vermont Yankee as a Result of the Power Uprate. New England Coalition represented by Attorney Ron Shems of Burlington, VT.

State of Vermont Environmental Court (Docket 89-4-06-vtec 2007)

Expert witness retained by New England Coalition to review Entergy and Vermont Yankees analysis of alternative methods to reduce the heat discharged by Vermont Yankee into the Connecticut River. Provided Vermont's Environmental Court with analysis of alternative methods systematically applied throughout the nuclear industry to reduce the heat discharged by nuclear power plants into nearby bodies of water and avoid consumptive water use. This report included a review of the condenser and cooling tower modifications.

Page 9 of 14 U.S. Senator Bernie Sanders and Congressman Peter Welch (2007)

Briefed Senator Sanders, Congressman Welch and their staff members regarding technical and

engineering issues, reliability and aging management concerns, regulatory compliance, waste storage, and nuclear power reactor safety issues confronting the U.S. nuclear energy industry.

State of Vermont Legislative Testimony to Senate Finance Committee (2006)

Testimony to the Senate Finance Committee regarding Vermont Yankee decommissioning costs, reliability issues, design life of the plant, and emergency planning issues.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board (NRC-ASLB)

Expert witness retained by New England Coalition to provide Atomic Safety and Licensing

Board with an independent analysis of the integrity of the Vermont Yankee Nuclear Power Plant condenser (2006).

U.S. Senators Jeffords and Leahy (2003 to 2005)

Provided the Senators and their staffs with periodic overview regarding technical, reliability, compliance, and safety issues at Entergy Nuclear Vermont Yankee (ENVY).

10CFR 2.206 filed with the Nuclear Regulatory Commission (July 2004)

Filed 10CFR 2.206 petition with NRC requesting confirmation of Vermont Yankee's compliance

with General Design Criteria.

State of Vermont Public Service Board (April 2003 to May 2004) Expert witness retained by New England Coalition to testify to the Public Service Board on the

reliability, safety, technical, and financial ramifications of a proposed increase in power (called an uprate) to 120% at Entergys 31-year-old Vermont Yankee Nuclear Power Plant.

International Nuclear Safety Testimony Worked for ten days with the President of the Czech Republic (Vaclav Havel) and the Czech Parliament on their energy policy for the 21st century.

Nuclear Regulatory Commission (NRC) Inspector General (IG)

Assisted the NRC Inspector General in investigating illegal gratuities paid to NRC Officials by

Nuclear Energy Services (NES) Corporate Officers. In a second investigation, assisted the Inspector General in showing that material false statements (lies) by NES corporate president caused the NRC to overlook important violations by this licensee.

State of Connecticut Legislature Assisted in the creation of State of Connecticut Whistleblower Protection legal statutes.

Federal Congressional Testimony Publicly recognized by NRC Chairman, Ivan Selin, in May 1993 in his comments to U.S. Senate, It is true...everything Mr. Gundersen said was absolutely right; he performed quite a service.

Commended by U.S. Senator John Glenn for public testimony to Senator Glenns NRC Oversight Committee.

Page 10 of 14 PennCentral Litigation Evaluated NRC license violations and material false statements made by management of this nuclear engineering and materials licensee.

Three Mile Island Litigation Evaluated unmonitored releases to the environment after accident, including containment breach, letdown system and blowout. Proved releases were 15 times higher than government estimate and subsequent government report.

Western Atlas Litigation Evaluated neutron exposure to employees and license violations at this nuclear materia ls licensee.

Commonwealth Edison In depth review and analysis for Commonwealth Edison to analyze the efficiency and

effectiveness of all Commonwealth Edison engineering organizations, which support the operation of all of its nuclear power plants.

Peach Bottom Reactor Litigation Evaluated extended 28-month outage caused by management breakdown and deteriorating

condition of plant.

Special Remediation Expertise

Director of Engineering, Vice President of Site Engineering, and the Senior Vice President of Engineering at Nuclear Energy Services (NES) Division of Penn Central Corporation (PCC)

! NES was a nuclear licensee that specialized in dismantlement and remediation of nuclear facilities and nuclear sites. Member of the radiation safety committee for this licensee.

! Department of Energy chose NES to write DOE Decommissioning Handbook because NES had a unique breadth and depth of nuclear engineers and nuclear physicists on staff.

! Personally wrote the Small Bore Piping chapter of the DOEs first edition

Decommissioning Handbook, personnel on my staff authored other sections, and I reviewed the entire Decommissioning Handbook.

! Served on the Connecticut Low Level Radioactive Waste Advisory Committee for 10 years

from its inception.

! Managed groups performing analyses on dozens of dismantlement sites to thoroughly remove radioactive material from nuclear plants and their surrounding environment.

! Managed groups assisting in decommissioning the Shippingport nuclear power reactor.

Shippingport was the first large nuclear power plant ever decommissioned. The decommissioning of Shippingport included remediation of the site after decommissioning.

! Managed groups conducting site characterizations (preliminary radiation surveys prior to

commencement of removal of radiation) at the radioactively contaminated West Valley site in upstate New York.

! Personnel reporting to me assessed dismantlement of the Princeton Avenue Plutonium Lab

in New Brunswick, NJ. The labs dismantlement assessment was stopped when we uncovered extremely toxic and carcinogenic underground radioactive contamination.

Page 11 of 14

! Personnel reporting to me worked on decontaminating radioactive thorium at the Cleveland Avenue nuclear licensee in Ohio. The thorium had been used as an alloy in turbine blades.

During that project, previously undetected extremely toxic and carcinogenic radioactive contamination was discovered below ground after an aboveground gamma survey had purported that no residual radiation remained on site.

Additional Education Basic Mediation Certificate Champlain College, Woodbury Institute 28-hour Basic Mediation Training September 2010 Teaching and Academic Administration Experience Rensselaer Polytechnic Institute (RPI) Advanced Nuclear Reactor Physics Lab

Community College of Vermont Mathematics Professor 2007 to present Burlington High School Mathematics Teacher 2001 to June 2008

Physics Teacher 2004 to 2006 The Marvelwood School 1996 to 2000

Awarded Teacher of the Year June 2000 Chairperson: Physics and Math Department Mathematics and Physics Teacher, Faculty Council Member Director of Marvelwood Residential Summer School Director of Residential Life The Forman School & St. Margarets School 1993 to 1995 Physics and Mathematics Teacher, Tennis Coach, Residential Living Faculty Member Nuclear Engineering Work Experience 1970 to Present Vetted as expert witness in nuclear litigation and administrative hearings in federal, international, and state court and to Nuclear Regulatory Commission, including but not limited to:

Three Mile Island, US Federal Court, US NRC, NRC ASLB & ACRS, Vermont State Legislature, Vermont State Public Service Board, Florida Public Service Board, Czech Senate, Connecticut State Legislature, Western Atlas Nuclear Litigation, U.S. Senate Nuclear Safety Hearings, Peach Bottom Nuclear Power Plant Litigation, and Office of the Inspector General NRC.

Nuclear Engineering, Safety, and Reliability Expert Witness 1990 to Present

! Fairewinds Associates, Inc Chief Engineer, 2005 to Present

! Arnold Gundersen, Nuclear Safety Consultant and Energy Advisor, 1995 to 2005

! GMA 1990 to 1995, including expert witness testimony regarding the accident at Three Mile Island.

Nuclear Energy Services, Division of PCC (Fortune 500 company) 1979 to 1990 Corporate Officer and Senior Vice President - Technical Services Responsible for overall performance of the company's Inservice Inspection (ASME XI), Quality Assurance (SNTC 1A), and Staff Augmentation Business Units up to 300 employees at various nuclear sites.

Page 12 of 14 Senior Vice President of Engineering Responsible for the overall performance of the company's Site Engineering, Boston Design Engineering and Engineered Products Business Units. Integrated the Danbury based, Boston based and site engineering functions to provide products such as fuel racks, nozzle dams, and transfer mechanisms and services such as materials management and procedure development.

Vice President of Engineering Services Responsible for the overall performance of the company's field engineering, operations engineering, and engineered products services. Integrated the Danbury-based and field-based engineering functions to provide numerous products and services required by nuclear utilities, including patents for engineered products.

General Manager of Field Engineering Managed and directed NES' multi-disciplined field engineering staff on location at various

nuclear plant sites. Site activities included structural analysis, procedure development, technical specifications and training. Have personally applied for and received one patent.

Director of General Engineering Managed and directed the Danbury based engineering staff. Staff disciplines included structural, nuclear, mechanical and systems engineering. Responsible for assignment of personnel as well as scheduling, cost performance, and technical assessment by staff on assigned projects. This staff provided major engineering support to the company's nuclear waste management, spent fuel storage racks, and engineering consulting programs.

New York State Electric and Gas Corporation (NYSE&G) Ñ 1976 to 1979 Reliability Engineering Supervisor Organized and supervised reliability engineers to upgrade performance levels on seven

operating coal units and one that was under construction. Applied analytical techniques and good engineering judgments to improve capacity factors by reducing mean time to repair and by increasing mean time between failures.

Lead Power Systems Engineer Supervised the preparation of proposals, bid evaluation, negotiation and administration of

contracts for two 1300 MW NSSS Units including nuclear fuel, and solid-state control rooms. Represented corporation at numerous public forums including TV and radio on sensitive utility issues. Responsible for all nuclear and BOP portions of a PSAR, Environmental Report, and Early Site Review.

Northeast Utilities Service Corporation (NU) Ñ 1972 to 1976 Engineer Nuclear Engineer assigned to Millstone Unit 2 during start-up phase. Lead the high velocity

fl ush and chemical cleaning of condensate and feedwater systems and obtained discharge permit for chemicals. Developed Quality Assurance Category 1 Material, Equipment and Parts List. Modified fuel pool cooling system at Connecticut Yankee, steam generator blowdown system and diesel generator lube oil system for Millstone. Evaluated Technical Specification Change Requests.

Page 13 of 14 Associate Engineer Nuclear Engineer assigned to Montague Units 1 & 2. Interface Engineer with NSSS vendor, performed containment leak rate analysis, assisted in preparation of PSAR and performed radiological health analysis of plant. Performed environmental radiation survey of Connecticut Yankee. Performed chloride intrusion transient analysis for Millstone Unit 1 feedwater system. Prepared Millstone Unit 1 off-gas modification licensing document and Environmental Report Amendments 1 & 2.

Rensselaer Polytechnic Institute (RPI) Ñ 1971 to 1972 Critical Facility Reactor Operator, Instructor Licensed AEC Reactor Operator instructing students and utility reactor operator trainees in

start-up through full power operation of a reactor.

Public Service Electric and Gas (PSE&G) Ñ 1970 Assistant Engineer Performed shielding design of radwaste and auxiliary buildings for Newbold Island Units 1

& 2, including development of computer codes.

Public Service, Cultural, and Community Activities 2005 to Present Public presentations and panel discussions on nuclear safety and reliability at University of Vermont, Vermont Law School, NRC hearings, Town and City Select Boards, Legal Panels, Local Schools, Television, and Radio.

2007-2008 Created Concept of Solar Panels on Burlington High School; worked with Burlington Electric Department and Burlington Board of Education Technology Committee on Grant for installation of solar collectors for Burlington Electric peak summer use Vermont State Legislature Public Testimony to Legislative Committees

Certified Foster Parent State of Vermont 2004 to 2007 Mentoring former students 2000 to present college application and employment application questions and encouragement Tutoring Refugee Students 2002 to 2006 Lost Boys of the Sudan and others from educationally disadvantaged immigrant groups Designed and Taught Special High School Math Course for ESOL Students 2007 to 2008 Featured Nuclear Safety and Reliability Expert (1990 to present) for Television, Newspaper, Radio, & Internet Including, and not limited to: CNN (Earth Matters), NECN, WPTZ VT, WTNH, VPTV, WCAX, Cable Channel 17, The Crusaders, Front Page, Mark Johnson Show, Steve West Show, Anthony Polina Show, WKVT, WDEV, WVPR, WZBG CT, Seven Days, AP News Service, Houston Chronicle, Christian Science Monitor, New York Times, Brattleboro Reformer, Rutland Herald, Times-Argus, Burlington Free Press, Litchfield County Times, The News Times, The New Milford Times, Hartford Current, New London Day, evacuationplans.org, Vermont Daily Briefing, Green Mountain Daily, and numerous other national and international blogs NNSN National Nuclear Safety Network, Founding Advisory Board Member, meetings with and testimony to the Nuclear Regulatory Commission Inspector General (NRC IG)

Berkshire School Parents Association, Co-Founder

Berkshire School Annual Appeal, Co-Chair Page 14 of 14 Sunday School Teacher, Christ Church, Roxbury, CT Washington Montessori School Parents Association Member Marriage Encounter National Presenting Team with wife Margaret Provided weekend communication and dialogue workshops weekend retreats/seminars Connecticut Marriage Encounter Administrative Team 5 years Northeast Utilities Representative Conducting Public Lectures on Nuclear Safety Issues End