ML040930073

G20040232/LTR-04-0187 - Rep. David Gibson Ltr. Entergy Nuclear Vermont Yankee Senate Resolution 21 - Independent Engineering Assessment

ML040930073
Person / Time
Site:	Vermont Yankee
Issue date:	03/17/2004
From:	Gibson D State of VT
To:	Diaz N NRC/Chairman
Shared Package
ML041210013	List: ML040930073 ML041210009
References
FOIA/PA-2004-0369, G20040232, LTR-04-0187
Download: ML040930073 (4)

Text

EDO Principal Correspondence Control FROM: DUE: 04/16/04 EDO CONTROL: G20040232 DOC DT: 03/17/04 FINAL REPLY:

David A. Gibson Secretary of the Senate State of Vermont Chairman Diaz FOR SIGNATURE OF : ** GRN ** CRC NO: 04-0187 Dyer, NRR DESC: ROUTING:

Entergy Nuclear Vermont Yankee Senate Resolution Travers 21 - Independent Engineering Assessment Norry Paperiello Kane Collins Dean DATE: 04/01/04 Burns/Cyr Miller, RI ASSIGNED TO: CONTACT:

NRR Dyer SPECIAL INSTRUCTIONS OR REMARKS:

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET Date Printed:Apr 01, 2004 10:01 PAPER NUMBER: LTR-04-0i 87 LOGGING DATE: 03/31/2004 ACTION OFFICE: EDO AUTHOR: David Gibson AFFILIATION: VT ADDRESSEE: Nils Diaz

SUBJECT:

Entergy Nuclear Vermont Yankee Senate Resolution 21 ACTION: Appropriate DISTRIBUTION: Cy RF. SECY to Ack.

LETTER DATE: 03/1712004 ACKNOWLEDGED No SPECIAL HANDLING: ADAMS or Immediate Release via SECY/EDOJDPC NOTES:

FILE LOCATION: ADAMS DATE DUE: DATE SIGNED:

EDO -- G20040232

• DAVID A. GIBSON VANESSA J. DAVISON SECRETARY JOURNAL CLERK 1 *14K 7 802-828-2241 STEVEN D. MARSHALL ASSISTANT SECRETARY 802-828-0272 (FAX) t E-MAIL: sensec.leg.state.vtus STATE OF VERMONT OFFICE OF THE SECRETARY OF THE SENATE STATE CAPITOL CA) n MONTPELIER, VT 05633-5501 March 17, 2004 CA) .7 Honorable Nils J. Diaz Chair, Nuclear Regulatory Commission Office of Public Affairs Washington, D.C. 20555 Re: Entergy Nuclear Vermont Yankee Senate Resolution 21

Dear Mr. Diaz:

Enclosed please find a copy of Vermont Senate Resolution 21, urging the federal Nuclear Regulatory Commission to condition approval of any power uprate at Entergy Nuclear Vermont Yankee upon performance of an independent engineering assessment.

This resolution was adopted by the Vermont Senate on March 17, 2004.

YourA truly, David A. Gibsor Secretary of the DAG/rtq

'etnatt #nam ter ilantptittr. Itrmant ojenatl Resolutiont By Senators Cummings, Ayer, Gander, MacDonald and White, S.R. 21. Senate resolution urging the federal Nuclear Regulatory Commission to condition approval of any power uprate at Entergy Nuclear Vermont Yankee upon performance of an independent engineering assessment.

Whereas, Vermont Yankee is a 540 megawatt nuclear generating station located in Vernon, Vermont, and Whereas, Vermont Yankee began operation in 1972, and Whereas, Vermont Yankee was purchased by Entergy Nuclear in 2002, and Whereas, Entergy now proposes to perform an extended power uprate of the facility, increasing reactor power and electric output of Vermont Yankee by 20 percent, and Whereas, Vermont Yankee is one of 103 operating nuclear power plants in the United States, and Whereas, only 10 nuclear plants have performed an extended power uprate of 13 percent or more, and Whereas, no nuclear plant as old as Vermont Yankee has ever been granted such a power increase, and Whereas, a reactor power uprate of 20 percent is the maximum permitted limit of extended power uprates, and Whereas, a 20 percent power uprate for a 32 year old facility is without precedent, and Whereas, prior to increasing the plant's power output, the approval of regulatory bodies, including the federal Nuclear Regulatory Commission (NRC) and the Public Service Board (PSB), is required, and Whereas, a comprehensive analysis of an uprate proposal requires that federal regulatory authorities have access to a comprehensive and objective inspection report detailing all aspects of Vermont Yankee's physical condition and operational status before making any regulatory decisions which can have an impact on the safety of Vermont Yankee employees and the residents of the surrounding communities, and Whereas, the safety of the Vermont Yankee facility, its employees, and nearby residents is a matter of great concern to Vermont Yankee, to all citizens of Vermont and the General Assembly, and Whereas, the Public Service Board made its approval of the uprate request on March 15, 2004 contingent on an "independent engineering assessment" being completed prior to NRC approval, now therefore be it Resolved by the Senate:

That this legislative body urges the NRC to condition approval of any uprate at the Vermont Yankee nuclear power facility upon performance of an "independent engineering assessment" being completed at Entergy Nuclear Vermont Yankee as called for in the Public Service Board ruling and which independently:

1) Assesses the conformance of the facility to its design and licensing bases, for operating at both 100 percent and 120 percent of its originally intended power production level;

2) Identifies all deviations, exemptions and/or waivers from (a) regulatory requirements applicable to Vermont Yankee and (b) regulatory requirements applicable to a new nuclear reactor (i.e. today's safety regulations) and verifies that adequate safety margins are retained despite the cumulative effect of such deviations, exemptions, and/or waivers for both the present licensed power level and under the proposed extended power uprate;

3) Assesses the facility's operational safety performance giving risk perspectives where appropriate;

4) Evaluates the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and

5) Determines the root cause(s) of safety-significant findings and draws conclusions on overall performance, and be it further Resolved: That the Secretary of the Senate be directed to send copies of this resolution to Nils J. Diaz, NRC Chair, to Governor James H. Douglas, and to David O'Brien, Public Service Commissioner.C

/4.XHL t4*1ATETD O2 PRESIDENT OF THE SENATE DavTd A. Gib /

Secreta te r yo nt '