ML041400317
| ML041400317 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 05/28/2004 |
| From: | Marsh L NRC/NRR/DLPM |
| To: | Shadis R New England Coalition |
| Wang A, NRR/DLPM, 415-1445 | |
| References | |
| G20040284, TAC MC2745 | |
| Download: ML041400317 (5) | |
Text
May 28, 2004 Mr. Raymond Shadis Staff Technical Advisor New England Coalition Post Office Box 98 Edgecomb, ME 04556
Dear Mr. Shadis:
Your petition, received on April 22, 2004, and addressed to Dr. William Travers, has been referred to me pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.206 of the Nuclear Regulatory Commissions (NRCs) regulations. The petition requests that until such time as Entergy Nuclear Operations, Inc. (Entergy) renders an accurate and NRC-verified account of the location, disposition, and condition of all irradiated fuel, including fuel currently loaded in the reactor core, the NRC order a halt to all fuel movement at Vermont Yankee Nuclear Power Station (Vermont Yankee). As the basis for the request, you stated that because Entergy has lost control of the spent fuel inventory at Vermont Yankee, you have no confidence that Entergy did not put leaking fuel or suspected leaking fuel assemblies back into the reactor core during this refueling outage.
By teleconference on April 28, 2004, the NRC staff provided you with a brief description of the 2.206 process and your options for proceeding with this petition. Another teleconference was held on May 5, 2004, to discuss your petition with the Petition Review Board (PRB). Based on our discussions with you, we concluded that you identified no immediate safety concern that would warrant stopping the restart of Vermont Yankee.
The results of the May 5, 2004, teleconference have been considered in the PRBs determination regarding the request for immediate action and in concluding that your petition meets the criteria to be considered under 10 CFR 2.206. Your request to stop all fuel movement at Vermont Yankee is moot as all fuel movement for this outage had been completed by the time we received your request. During this teleconference, you reaffirmed your request to stop all fuel movement but stated that you understood that at the present time that request would be limited to the spent fuel pool. You stated that you wanted the NRC to issue an order to Entergy to verify the inventory of all the special nuclear material in the spent fuel pool. You also stated your request for the NRC to verify Entergys account of the inventory.
In addition, you noted that you are not averse to moving fuel in the spent fuel pool if it is related to the inventory inspection.
As result of your petition, the NRC issued a letter dated May 21, 2004, to Entergy requesting that they respond to the petition and provide documentation of the following: (1) verification of the inventory of all special nuclear material in the spent fuel pool; (2) all other actions being performed to locate the missing fuel; (3) verification of the location of the remaining portions of the two spent fuel rod segments; and (4) the results of actions to locate the missing fuel when the current efforts are completed.
R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.
The petition is being reviewed by the Division of Licensing Project Management within the Office of Nuclear Reactor Regulation. I assigned Alan Wang to be the petition manager for the petition. Mr. Wang can be reached at 301-415-1445. Additionally, I have referred to the NRC Office of the Inspector General those allegations of NRC wrongdoing discussed during the May 5, 2004, teleconference. For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition.
Additionally, I have enclosed a copy of Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation
Enclosures:
- 1. Federal Register Notice
- 3. NUREG/BR-0200 cc w/copy of 2.206 petition: see next page
R. Shadis As provided by 10 CFR 2.206, we will take action on your request within a reasonable time.
The petition is being reviewed by the Division of Licensing Project Management within the Office of Nuclear Reactor Regulation. I assigned Alan Wang to be the petition manager for the petition. Mr. Wang can be reached at 301-415-1445. Additionally, I have referred to the NRC Office of the Inspector General those allegations of NRC wrongdoing discussed during the May 5, 2004, teleconference. For your information, I have enclosed a copy of the notice that is being filed with the Office of the Federal Register for publication regarding your petition.
Additionally, I have enclosed a copy of Management Directive 8.11, Review Process for 10 CFR 2.206 Petitions, and the associated brochure NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.
Sincerely,
/RA/
Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation
Enclosures:
- 1. Federal Register Notice
- 3. NUREG/BR-0200 cc w/copy of 2.206 petition: see next page DISTRIBUTION:
PUBLIC NRR Mail Room (G20040284)
LReyes KJohnson SCollins LCox WKane CHolden CPaperiello AHowe PNorry CRaynor WDean REnnis JDyer AWang BSheron DSkay OGC JGoldberg, OGC OPA HMiller, Rgn 1 OCA CBixler, Rgn 1 SBurns/KCyr, OGC CAnderson, Rgn 1 SECY (04-0249)
Package: ML041480413 Incoming: ML041180245 Enclosure 2: ML011380727 Response: ML041400317 Enclosure 3: ML013600445 FR Notice: ML041480426 OFFICE PDIV-2/PM PDI-2/PM PDI-2/LA PDI-1/VY SC PDI/PD NAME DSkay for AWang REnnis CRaynor REnnis for AHowe CHolden DATE 5/27/04 5/27/04 5/27/04 5/24/04 5/24/04 OFFICE Tech Ed OGC DLPM/D NAME PKleene SHLewis TMarsh DATE 5/25/04 05/25/04 5/28/04 OFFICIAL RECORD COPY
Vermont Yankee Nuclear Power Station cc:
Regional Administrator, Region I Ms. Carla A. White, RRPT, CHP U. S. Nuclear Regulatory Commission Radiological Health 475 Allendale Road Vermont Department of Health King of Prussia, PA 19406-1415 P.O. Box 70, Drawer #43 108 Cherry Street Mr. David R. Lewis Burlington, VT 05402-0070 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Mr. James M. DeVincentis Washington, DC 20037-1128 Manager, Licensing Vermont Yankee Nuclear Power Station Ms. Christine S. Salembier, Commissioner P.O. Box 0500 Vermont Department of Public Service 185 Old Ferry Road 112 State Street Brattleboro, VT 05302-0500 Montpelier, VT 05620-2601 Resident Inspector Mr. Michael H. Dworkin, Chairman Vermont Yankee Nuclear Power Station Public Service Board U. S. Nuclear Regulatory Commission State of Vermont P.O. Box 176 112 State Street Vernon, VT 05354 Montpelier, VT 05620-2701 Director, Massachusetts Emergency Chairman, Board of Selectmen Management Agency Town of Vernon ATTN: James Muckerheide P.O. Box 116 400 Worcester Rd.
Vernon, VT 05354-0116 Framingham, MA 01702-5399 Operating Experience Coordinator Jonathan M. Block, Esq.
Vermont Yankee Nuclear Power Station Main Street 320 Governor Hunt Road P.O. Box 566 Vernon, VT 05354 Putney, VT 05346-0566 G. Dana Bisbee, Esq. Mr. John F. McCann Deputy Attorney General Director, Nuclear Safety Assurance 33 Capitol Street Entergy Nuclear Operations, Inc.
Concord, NH 03301-6937 440 Hamilton Avenue White Plains, NY 10601 Chief, Safety Unit Office of the Attorney General Mr. Gary J. Taylor One Ashburton Place, 19th Floor Chief Executive Officer Boston, MA 02108 Entergy Operations 1340 Echelon Parkway Ms. Deborah B. Katz Jackson, MS 39213 Box 83 Shelburne Falls, MA 01370
Vermont Yankee Nuclear Power Station cc:
Mr. John T. Herron Mr. Ronald Toole Sr. VP and Chief Operating Officer 1282 Valley of Lakes Entergy Nuclear Operations, Inc. Box R-10 440 Hamilton Avenue Hazelton, PA 18202 White Plains, NY 10601 Ms. Stacey M. Lousteau Mr. Danny L. Pace Treasury Department Vice President, Engineering Entergy Services, Inc.
Entergy Nuclear Operations, Inc. 639 Loyola Avenue 440 Hamilton Avenue New Orleans, LA 70113 White Plains, NY 10601 Mr. Raymond Shadis Mr. Brian OGrady New England Coalition Vice President, Operations Support Post Office Box 98 Entergy Nuclear Operations, Inc. Edgecomb, ME 04556 440 Hamilton Avenue White Plains, NY 10601 Mr. James P. Matteau Executive Director Mr. Michael J. Colomb Windham Regional Commission Director of Oversight 139 Main Street, Suite 505 Entergy Nuclear Operations, Inc. Brattleboro, VT 05301 440 Hamilton Avenue White Plains, NY 10601 Mr. William K. Sherman Vermont Department of Public Service Mr. John M. Fulton 112 State Street Assistant General Counsel Drawer 20 Entergy Nuclear Operations, Inc. Montpelier, VT 05620-2601 440 Hamilton Avenue White Plains, NY 10601 Mr. Jay K. Thayer Site Vice President Entergy Nuclear Operations, Inc.
Vermont Yankee Nuclear Power Station P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Kenneth L. Graesser 38832 N. Ashley Drive Lake Villa, IL 60046 Mr. James Sniezek 5486 Nithsdale Drive Salisbury, MD 21801