ML023230402
| ML023230402 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/19/2002 |
| From: | Pulsifer R NRC/NRR/DLPM/LPD1 |
| To: | NRC/NRR/DLPM/LPD1 |
| Pulsifer R M, NRR/DLPM/LP1-2, 415-3016 | |
| References | |
| 2.206 | |
| Download: ML023230402 (18) | |
Text
November 19, 2002 MEMORANDUM TO: File FROM: Robert M. Pulsifer, Project Manager, Section 2 /RA/
Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation
SUBJECT:
VERMONT YANKEE 2.206 PETITION FROM MR. RAYMOND SHADIS Attached is the transcript of a conference call held on Tuesday, October 29, 2002, regarding a Vermont Yankee Nuclear Power Station 2.206 petition dated October 15, 2002, submitted by Mr. Raymond Shadis on behalf of the New England Coalition on Nuclear Pollution.
Docket No. 50-271
Attachment:
As stated cc w/encls: See next page
Vermont Yankee Nuclear Power Station cc:
Regional Administrator, Region I Mr. Raymond N. McCandless U. S. Nuclear Regulatory Commission Vermont Department of Health 475 Allendale Road Division of Occupational King of Prussia, PA 19406 and Radiological Health 108 Cherry Street Mr. David R. Lewis Burlington, VT 05402 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W. Mr. Gautam Sen Washington, DC 20037-1128 Manager, Licensing Entergy Nuclear Vermont Yankee, LLC 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 Mr. Michael Hamer Jonathan M. Block, Esq.
Operating Experience Coordinator Main Street Entergy Nuclear Vermont Yankee, LLC P. O. Box 566 P.O. Box 250 Putney, VT 05346-0566 Governor Hunt Road Vernon, VT 05354 Mr. Michael R. Kansler Sr. Vice President and Chief Operating G. Dana Bisbee, Esq. Officer Deputy Attorney General Entergy Nuclear Operations, Inc.
33 Capitol Street Mail Stop 12A Concord, NH 03301-6937 440 Hamilton Ave.
White Plains, NY 10601 Chief, Safety Unit Office of the Attorney General Mr. John J. Kelly One Ashburton Place, 19th Floor Director, Licensing Boston, MA 02108 Entergy Nuclear Operations, Inc.
440 Hamilton Avenue Ms. Deborah B. Katz White Plains, NY 10601 Box 83 Shelburne Falls, MA 01370
Mr. Jay K. Thayer Site Vice President - Vermont Yankee P.O. Box 0500 185 Old Ferry Road Brattleboro, VT 05302-0500 Mr. Raymond Shadis P.O. Box 76 Edgecomb, Maine 04556 Mr. David A. Lochbaum Union of Concerned Scientists 1707 H Street NW, Suite 600 Washington, DC 20006
November 19, 2002 MEMORANDUM TO: File FROM: Robert M. Pulsifer, Project Manager, Section 2 /RA/
Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation
SUBJECT:
VERMONT YANKEE 2.206 PETITION FROM MR. RAYMOND SHADIS Attached is the transcript of a conference call held on Tuesday, October 29, 2002, regarding a Vermont Yankee Nuclear Power Station 2.206 petition dated October 15, 2002, submitted by Mr. Raymond Shadis on behalf of the New England Coalition on Nuclear Pollution.
Docket No. 50-271
Attachment:
As stated cc w/encls: See next page DISTRIBUTION:
PUBLIC PDI-2 R/F SRichards(e-mail SAR)
JAndersen RPulsifer MOBrien OGC CAnderson, RI ADAMS Accession Number: ML023230402 OFFICE PDI-2/PM PDI-2/LA PDI-2/SC NAME RPulsifer LCox for MOBrien JAndersen DATE 11/13/02 11/13/02 11/13/02 OFFICIAL RECORD COPY
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
2.206 Petition on Vermont Yankee Nuclear Power Station Docket Number: 50-271 Location: Telephone Conference Date: Tuesday, October 29, 2002 Work Order No.: NRC-633 Pages 1-13 Attachment
NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433
1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 +++++
4 CONFERENCE CALL ON THE 2.206 PETITION ON VERMONT 5 YANKEE NUCLEAR POWER STATION 6 OFFICE OF NUCLEAR REACTOR REGULATION 7 DIVISION OF LICENSING AND PROJECT MANAGEMENT 8 (NRR/DLPM) 9 +++++
10 TUESDAY 11 OCTOBER 29, 2002 12 +++++
13 TELEPHONE CONFERENCE CALL 14 +++++
15 The Conference Call on the 2.206 Petition convened, 16 Robert Pulsifer, Petition Manager, presiding.
17 18 PRESENT:
19 ROBERT PULSIFER NRR/DLPM/PD1 20 HERBERT BERKOW NRR/DLPM/PD-2 21 DONNA SKAY NRR/DLPM/PD-I 22 STU RICHARDS NRR/DLPM/PD-I 23 JIM ANDERSEN NRR/DLPM/PD-I 24 CLIFF ANDERSON RGN-I/DPR/PB5 25 PRESENT (CONT.)
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2 1 FRANK ARNER Region I 2 DAVID PELTON Residents Office 3 BOB WANCZYK Vermont Yankee 4 MIKE BALDUZZI Vermont Yankee 5 KEVIN BRONSON Vermont Yankee 6 RAY SHADIS NECNP 7 DAVID LOCHBAUM UCS 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P-R-O-C-E-E-D-I-N-G-S NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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3 1 (time not provided) 2 MR. PULSIFER: Okay. Lets get started.
3 This is Bob Pulsifer. Im the Project Manager for 4 Vermont Yankee, acting as the Petition Manager for this petition.
5 What Id like to do is to go around the table here, and 6 then go into the various groups to find out who is on the line.
7 MR. BERKOW: Herb Berkow, NRR.
8 MS. SKAY: Donna Skay, NRR, 2.206 coordinator.
9 MR. RICHARDS: Stu Richards, NRR Projects.
10 MR. ANDERSEN: Jim Andersen, NRR Projects.
11 MR. PULSIFER: Region I?
12 MR. ANDERSON: Cliff Anderson, Projects, and Frank 13 Arner, Projects.
14 MR. PULSIFER: Residents Office?
15 MR. PELTON: Yes. David Pelton, Senior Resident 16 Inspector.
17 MR. PULSIFER: And who do we have from Vermont 18 Yankee?
19 MR. WANCZYK: We have Bob Wancyzk, Mike 20 Balduzzi, Kevin Bronson.
21 MR. PULSIFER: Okay. Mr. Shadis, do you have 22 anyone else with you?
23 MR. SHADIS: No, I dont.
24 MR. PULSIFER: Okay. And, Mr. Lochbaum?
25 MR. LOCHBAUM: Just myself.
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4 1 MR. PULSIFER: Okay. The subject of this 2 teleconference is a 2.206 petition submitted by Mr. Shadis, dated 3 October 15th of this year.
4 MR. SHADIS: Thats correct. And that was submitted 5 on behalf of the New England Coalition on Nuclear Pollution.
6 MR. PULSIFER: Right. The request in this petition --
7 there were several requests. Under the provisions of 2.206, you have 8 asked the NRC to undertake enforcement action at VY requiring a 9 complete review of training and qualification of nuclear operations and 10 maintenance personnel.
11 You also asked us to undertake an evaluation of the VY 12 FSAR to determine if the document is accurate and there is sufficient 13 detail.
14 You also other requests -- the NRC undertake an 15 evaluation of the safety implications inherent in relying on economics or 16 synergies, shared personnel, engineering analysis, and so forth. The 17 NRC undertake to determine how much of the pump trip faux pas is 18 attributed to the integration of Entergy into the facility. And youve asked 19 the NRC to publicly review the event notification standards with the 20 licensee to ensure that at least preliminary risk determination can 21 proceed from event notification.
22 I believe those were the requests in your petition?
23 MR. SHADIS: Thats correct. And youve divided it 24 correctly, also. The first two requests really fall, in our view, under a 25 2.206 petition. The remaining three requests were included in the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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5 1 general letter that would contain the petition.
2 Additionally, I understand --
3 MR. PULSIFER: Well, Ray, could you let me --
4 MR. SHADIS: Yes, go right ahead.
5 MR. PULSIFER: -- complete here, before we get into 6 the details?
7 MR. SHADIS: Sure.
8 MR. PULSIFER: As I say, the purpose of this 9 teleconference is to allow you, the petitioner, to address the Petition 10 Review Board. This is an opportunity for you to provide additional 11 explanations or support for this petition.
12 This is also an opportunity for the staff and the licensee 13 to ask any clarifying questions. The purpose of this teleconference is not 14 to debate the merits of the petition at this time.
15 MR. SHADIS: Quite so.
16 MR. PULSIFER: Following the phone call, the Petition 17 Review Board, the PRB, will meet today to determine whether the NRC 18 accepts the petition under this process, or whether it will be dealt under 19 another mechanism. The PRBs meeting today will not determine 20 whether we agree or disagree with the contents of the petition.
21 The teleconference is being transcribed, so it will be --
22 it will help if anyone making a statement first state their name clearly.
23 The transcript will become a supplement to the petition, and will be made 24 publicly available.
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6 1 to 30 minutes here.
2 If the PRB decides that the petition will be considered 3 under 2.206, then the staff will issue an acknowledgement letter to the 4 petitioner. The Petition Manager will keep the petitioner and licensee 5 periodically informed of the progress of the staffs review.
6 Mr. Shadis, Im sorry to interrupt you, but you may 7 continue.
8 MR. SHADIS: No, thats fine. I understand that you had 9 to kind of read the rules out here.
10 MR. PULSIFER: Yes.
11 MR. SHADIS: But the -- what I wanted to say was that 12 -- a couple of things. You know, that Ive gotten some communications 13 from staff, and one is that the Petition Review Board is not certain that 14 the petition we submitted meets the criteria for a 2.206, and there was 15 particular reference to the request to undertake enforcement action.
16 That there was some confusion there.
17 I would like, at this point, orally -- and Ill do it in writing 18 if you wish -- amend that petition and simply drop the word 19 "enforcement." There are discretionary actions spelled out in the 20 10 CFR 2.206 and 202 that the staff -- that NRC can take. So we can 21 drop that word "enforcement" if thats -- if thats somehow limiting or 22 bothersome.
23 The other thing that Id like to mention by way of a 24 housekeeping detail is that I was referred to the Management Directive 25 8.11. If -- and Im not certain why, because this is a -- is a Management NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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7 1 Directive intended for the use of NRC staff. I understand it amplifies 2 somewhat on the regulations, but the citizenry really dont have a 3 handbook, if you will. We go by regulation.
4 My attorneys have suggested to me that if any part of 5 your decision is based on the 8.11, it may be -- it may fall into the 6 category of arbitrary and capricious, because it does not come directly 7 from the regulation. So I just wanted to fly that flag for you, and you 8 may, you know, want to consider that as things progress.
9 MR. PULSIFER: Okay. I guess what were looking for, 10 Mr. Shadis, if you can give us a little more detail on why you think this fits 11 into the 2.206 process.
12 MR. SHADIS: Well --
13 MR. PULSIFER: Because we will answer your 14 concerns.
15 MR. SHADIS: Certainly. Certainly. The licensees 16 notification, and then retraction of the notification, we see as evidence 17 that personnel in charge at the plant, supervisory personnel, were not 18 familiar with the actual configuration of the plant. And we view this as a 19 hazard.
20 Its -- you know, its certainly problematic in terms of the 21 public perception of the safety of these plants, if not the actual safety.
22 And we want to see to it that this question is explored, that its 23 determined whether or not the staff at Maine Yankee was adequately 24 trained on this particular plant.
25 MR. PULSIFER: Vermont Yankee?
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8 1 MR. SHADIS: Pardon me?
2 MR. PULSIFER: Vermont Yankee?
3 MR. SHADIS: Thats correct.
4 MR. PULSIFER: You said Maine Yankee.
5 MR. SHADIS: Whether or not the personnel at Maine 6 Yankee had at their disposal the documents to determine whether or not 7 these particular protection features were in place.
8 MR. PULSIFER: Again, Ray, you said at Maine Yankee.
9 You meant --
10 MR. SHADIS: Im sorry. Vermont Yankee. I spend a 11 good portion of my --
12 MR. PULSIFER: I understand.
13 MR. SHADIS: -- my life dealing with Maine Yankee.
14 MR. PULSIFER: Yes. Yes.
15 MR. SHADIS: Yes.
16 MR. PULSIFER: Does the Board have any particular 17 questions it would like to raise?
18 PARTICIPANT: No.
19 20 MR. PULSIFER: How about the licensee? Do you have 21 any questions to help clarify what Mr. Shaddus is looking at here?
22 MR. WANCZYK: This is Bob Wanczyk. No, we dont.
23 MR. PULSIFER: Okay. Thanks, Bob.
24 Region, do you have any questions?
25 PARTICIPANT: No, no questions.
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9 1 MS. SKAY: Do you want to ask anything?
2 MR. PULSIFER: How about Mr. Lochbaum?
3 MR. LOCHBAUM: This is Dave Lochbaum. No 4 questions.
5 MR. PULSIFER: Okay. Residents?
6 PARTICIPANT: We have nothing to add.
7 MR. PULSIFER: Okay. I believe thats it.
8 MR. SHADIS: Let me make one thing clear, if I may.
9 MR. PULSIFER: Sure. Sure.
10 MR. SHADIS: Lets try to use this time to get ahead of 11 any misconceptions.
12 MR. PULSIFER: Sure.
13 MR. SHADIS: We are not arguing about the safety 14 significance of the retraction or the original notice itself. That is to say, 15 whether or not -- were not arguing whether or not the plant is safer or 16 less safe or required to have protection components for this particular 17 system.
18 What we -- what our concern is directed to entirely is 19 whether or not the staff, the operating staff, persons in charge, 20 supervisory personnel, at Vermont Yankee should, for the sake of public 21 safety, be familiar with the features of their plant in detail to capture such 22 things as whether or not there are protection features on these systems.
23 MS. SKAY: Okay. You mentioned something in the 24 beginning of the call, Mr. Shaddus, that only the first two requests that 25 Mr. Pulsifer read were submitted under 2.206, and the remaining issues NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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10 1 were just included in the letter for the staff actions. Is that correct?
2 MR. SHADIS: Yes. Thats the way that -- that we view 3 the 2.206 is that -- that the 2.206 requires some action on the part of --
4 let me say if the 2.206 were granted, it would require some action on the 5 part of NRC with respect to this particular licensee.
6 The other three questions go -- well, the other -- two of 7 the other three questions go generally to asking NRC to review the 8 safety implications of the kinds of synergies that owners of multiple 9 facilities, especially when theyre buying facilities, adding facilities, are 10 looking at, whether or not they can shift personnel from plant to plant to 11 plant and still have them familiar with the peculiarities of each plant.
12 And then, the final request reflects what we see as an 13 insufficient amount of information in these notifications to determine 14 whether or not -- right at the onset, whether or not there are significant 15 safety implications.
16 So, in any case, the second three we view as something 17 that NRC requires a broader look, a broader study, something for NRC 18 to do internally. The first two we view as something that NRC would 19 need to engage in some kind of regulatory action at plant site.
20 MS. SKAY: Okay. Thank you.
21 MR. PULSIFER: Nothing further? Thank you. Well 22 end the call now. The Petition Review Board will sit down in a closed 23 meeting and have our discussions.
24 MR. SHADIS: Thank you.
25 MR. PULSIFER: Ill keep you and the licensee informed.
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11 1 MR. SHADIS: Thank you.
2 MR. PULSIFER: Thank you very much.
3 (Whereupon, the proceedings in the foregoing matter 4 were concluded.)
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