[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Notices]
[Page 9360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4686]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]


Vermont Yankee Nuclear Power Corporation, Vermont Yankee Nuclear 
Power Station; Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear Reactor 
Regulation, has acted on a Petition for action under 10 CFR 2.206 
received from Michael J. Daley on April 9, 1998, concerning the Vermont 
Yankee Nuclear Power Station (VYNPS).
    The Petition requests that the U.S. Nuclear Regulatory Commission 
(NRC) issue an order requiring that the licensee's administrative 
limits, which were in effect at the time and precluded VYNPS from 
operating with a torus water temperature above 80  deg.F or with a 
service water injection temperature greater than 50  deg.F, shall 
remain in force until certain conditions are met. The conditions listed 
include a complete reconstitution of the licensing basis for the 
maximum torus water temperature, submittal to the NRC of a technical 
specifications (TSs) amendment request establishing the correct maximum 
torus water temperature, and completion of NRC's review of the 
amendment request.
    As a basis for the request, the Petitioner raised concerns about 
the licensee being unable to demonstrate an ability to either justify 
the operational limits for the maximum torus water temperature or to 
maintain operations within existing administrative limits (torus water 
temperature is critical to the proper functioning of the containment). 
The Petitioner asserted that since 1994, events have caused the 
licensee to question VYNPS's maximum torus water temperature limits 
four times, leading to the self-imposed administrative limits 
previously noted. The Petitioner stated that the NRC must move from a 
``wait and see'' posture to active intervention, with immediate 
imposition of the order recommended by the Petitioner as a first step.
    On May 13, 1998, the Director of the Office of Nuclear Reactor 
Regulation concluded that issuing an immediate order imposing the 
licensee's administrative limits which were in effect at the time was 
unnecessary. This aspect of the Petition was denied since the licensee 
took appropriate actions to determine the proper limit on torus water 
temperature, sought a TS amendment to impose the correct torus water 
temperature, and administratively implemented the limit while the NRC 
reviewed the analysis in support of the TS amendment. The additional 
conditions associated with the request have been completed including 
establishing the correct licensing basis for the maximum torus 
temperature, submittal of a TS amendment request establishing the 
correct maximum torus water temperature limit, and completion of the 
NRC review of the amendment request. The NRC has concluded that the 
appropriate limit for maximum torus temperature is 90  deg.F, making 
the limits requested in the Petition unnecessary. Accordingly, the 
staff has addressed the issues raised by the Petitioner and has 
completed its actions relating to the Petition. Additional information 
is included in the ``Director's Decision Pursuant to 10 CFR 2.206'' 
(DD-99-04), the complete text of which follows this notice and which is 
available for public inspection at the Commission's Public Document 
Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555-
0001, and at the Local Public Document Room located at the Brooks 
Memorial Library, 224 Main Street, Brattleboro, VT 05301.
    As provided in 10 CFR 2.206(c), a copy of this Decision will be 
filed with the Secretary of the Commission for the Commission's review. 
This Decision will constitute the final action of the Commission 25 
days after issuance unless the Commission, on its own motion, 
institutes review of the Decision within that time.

    Dated at Rockville, Maryland, this 10th day of February 1999.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 99-4686 Filed 2-24-99; 8:45 am]
BILLING CODE 7590-01-P