ML041260475

G20040314/LTR-04-0284 - Ltr. Steven Winter New Hamphire State Senate Adoption of Senate Resolution 5, Urging an Independent Safety Assessment for Vermont Yankee

ML041260475
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	04/27/2004
From:	Winter S State of NH, Senate
To:	Diaz N NRC/Chairman
Shared Package
ML041460573	List: ML041260475 ML041460572
References
G20040314, LTR-04-0284
Download: ML041260475 (5)

Text

EDO Principal Correspondence Control FROM: DUE: 05/28/04 EDO CONTROL: G20040314 DOC DT: 04/27/04 FINAL REPLY:

Steven J. Winter The Senate of the State of New Hampshire Chairman Diaz FOR SIGNATURE OF : ** GRN ** CRC NO: 04-0284 Dyer, NRR DESC: ROUTING:

Independent Safety Assessment for Vermont Yankee Travers Norry Virgilio Kane Collins Dean DATE: 05/05/04 Burns/Cyr Miller, RI ASSIGNED TO: CONTACT:

NRR Dyer SPECIAL INSTRUCTIONS OR REMARKS:

.V OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Dale Printed:Apr30, 2004 15.11 PAPER NUMBER: LTR-04-0284 LOGGING DATE: 04/30/2004 ACTION OFFICE: cm COD AUTHOR: Steven Winter AFFILIATION: NH ADDRESSEE: Nils Diaz

SUBJECT:

New Hamphire State Senate adoption of Senate Resolution 5, urging an Independent Safety Assessment for Vermont Yankee ACTION: Appropriate DISTRIBUTION: RF LETTER DATE: 04/27/2004 ACKNOWLEDGED No SPECIAL HANDLING: Made publicly available via SECY/DPC NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

EDO -- G20040314'

• op The Senate of the State of New Hampshire o

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4 107 N. Main Street, Senate Chamber, Concord, N.H. 03301-4951

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STEVEN J. WINTER Office 271-3420 Clerk of the Senate Tfl/TDD 1-800-735-2964 April 27, 2004 Dr. Nils J. Diaz, Chairman

- U.S. Nuclear RegulatoryCommission --

11555 Rockville Pike MS:016C1 Rockville, MD 20852

Dear Chairman Diaz,

On April 15, 2004 the New Hampshire State Senate adopted Senate Resolution 5, urging an Independent Safety Assessment for Vermont Yankee.

In compliance with the provisions contained therein, I am forwarding to you a copy of the above senate resolution.

Enclosure (1)

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SR 6 - AS INTRODUCED 04-3265 03/01 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Four A RESOLUTION urging an Independent Safety Assessment for Vermont Yankee.

1 Whereas, Vermont Yankee is a 540 megawatt nuclear generating station located in Vernon, 2 Vermont; and 3 Whereas, Vermont Yankee began operation in 1972 and is now one of the oldest operating 4 nuclear power stations in the nation; and 5 Whereas, Vermont Yankee was purchased by Entergy Nuclear in 2002; and 6 Whereas, Vermont Yankee operates asa merchant generating facility subject to cost pressures 7 imposed by a competitive regional market in New England; and 8 Whereas, Entergy now proposes to perform an extended power uprate of the facility, increasing 9 reactor power and electric output of Vermont Yankee by 20 percent; and 10 Whereas, Vermont Yankee is one of 103 operating nuclear power plants in the United States; 11 and 12 Whereas, only 10 nuclear plants have performed an extended power uprate of 13 percent or 13 more; and 14 Whereas, only 4 facilities have experience with an extended power uprate that is cumulative to 15 20 percent; and 16 Whereas, only one nuclear plant, Clinton Nuclear Power Station in Illinois, which is only 1/2 the 17 age of Vermont Yankee, has sought a 20 percent power uprate through a single application; and 18 Whereas, no nuclear plant as old as Vermont Yankee has ever sought such a power increase; and 19 Whereas, a reactor power uprate of 20 percent is the maximum permitted limit of extended 20 power uprates; and 21 Whereas, Vermont Yankee does not meet current design criteria and could neither be licensed 22 nor built today; and 23 Whereas, the Entergy proposal has no precedent; and 24 Whereas, the Entergy proposal raises major concerns for public safety in light of the facility's 25 age, the limited experience with extended uprates, and the pressures on a new merchant generating 26 facility created by the competitive marketplace in which the facility now operates; and 27 Whereas, the benefits to the people of New Hampshire and Vermont from such an extended 28 power uprate may be realized if there are no unanticipated negative impacts to safety or reliability 29 encountered after the uprate; and 30 Whereas, prior to increasing the plant's power output, the approval of regulatory bodies, 31 including the federal Nuclear Regulatory Commission (NRC) and the Vermont Public Service Board, 32 is required; and

SR 5 - AS INTRODUCED

- Page 2 -

1 Whereas, it is essential that the state and federal regulatory authorities have access to a 2 comprehensive and objective inspection report detailing all aspects of Vermont Yankee's physical 3 condition and operational status before making any regulatory decisions which can have an impact 4 on the safety of Vermont Yankee employees and the residents of the surrounding communities; and 5 Whereas, the NRC in the past has conducted an Independent Safety Assessment (ISA) as 6 documented in an NRC report issued on October 7, 1996; and 7 Whereas, such a diagnostic evaluation would provide an in-depth physical examination and 8 diagnostic evaluation of several selected safety-related plant systems; and 9 Whereas, NRC's standard review for extended power uprates is focused on review of the uprate 10 application and does not include a comprehensive physical examination and diagnosis such as that 11 -included in an-ISA; and 12 Whereas, the safety of the Vermont Yankee facility, its employees, and nearby residents is a 13 matter of great concern to the citizens of New Hampshire and Vermont and the New Hampshire 14 general court; now, therefore, be it 15 Resolved by the Senate:

16 That the New Hampshire senate urges the NRC to approve only any uprate at the Vermont 17 Yankee nuclear power facility when an ISA, or the equivalent, has been completed at Entergy 18 Nuclear Vermont Yankee which independently:

19 1. Assesses the conformance of the facility to its design and licensing bases, for operating at both 20 100 percent and 120 percent of its originally-intended power production level, including appropriate 21 reviews at the plant's site and its corporate offices; 22 2. Identifies all deviations, exemptions, and/or waivers from (a) regulatory requirements 23 applicable to Vermont Yankee and (b) regulatory requirements applicable to a new nuclear reactor 24 (i.e. today's safety regulations) and verifies that adequate safety margins are retained despite the 25 cumulative effect of such deviations, exemptions, and/or waivers for both the present licensed power 26 level and under the proposed extended power uprate; 27 3. Assesses the facility's operational safety performance giving risk perspectives where 28 appropriate; 29 4. Evaluates the effectiveness of licensee self-assessments, corrective actions, and improvement 30 plans; and 31 5. Determines the root cause or causes of safety-significant findings and draws conclusions on 32 overall performance; and 33 That the clerk of the senate transmit copies of this resolution to Nils J. Diaz, NRC Chair, and to 34 the chairman and commissioners of the New Hampshire public utilities commission.