[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Pages 49323-49324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4594]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; License No. DPR-28]
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear
Operations, Inc.; Notice of Issuance of Director's Decision Under 10
CFR 2.206
Notice is hereby given that the Director, Office of Nuclear Reactor
Regulation, Nuclear Regulatory Commission (NRC or Commission) has
issued a Director's Decision with regard to a petition dated July 29,
2004, filed by Mr. Paul Blanch and Mr. Arnold Gundersen, hereinafter
referred to as the ``Petitioners.'' The petition was supplemented on
December 8, 2004. The petition concerns the operation of the Vermont
Yankee Nuclear Power Station (Vermont Yankee).
The petition requested that the NRC issue a Demand for Information
requiring Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear
Operations, Inc. (Entergy or the licensee) to provide information that
clearly and unambiguously describes how Vermont Yankee complies with
the General Design Criteria (GDC) specified in Title 10 of the Code of
Federal Regulations (10 CFR) Part 50 Appendix A, or the draft GDC
published by the Atomic Energy Commission in 1967.
As the basis for their request, the Petitioners stated that this
information is essential for two NRC regulatory activities at Vermont
Yankee: (1) the NRC's review of Entergy's application for an extended
power uprate (EPU), and (2) the NRC's engineering assessment. The
Petitioners stated that until the design bases are clearly identified,
any inspection or assessment is meaningless.
By teleconference on August 26, 2004, the Petitioners discussed the
petition with the NRC's Petition Review Board. This teleconference gave
the Petitioners and the licensee an opportunity to provide additional
information and to clarify issues raised in the petition.
By letter dated May 13, 2005, the NRC staff requested Entergy
provide information related to the petition. Entergy responded by
letter dated June 14, 2005, and the information provided was considered
by the staff in its evaluation of the petition.
The NRC staff sent a copy of the proposed Director's Decision to
the Petitioners and to the licensee for comment by letters dated May
17, 2005. The staff did not receive any comments on the proposed
Director's Decision.
The Director of the Office of Nuclear Reactor Regulation has
determined that the request to issue a Demand for
[[Page 49324]]
Information to the licensee is denied. The reasons for this decision
are explained in the Director's Decision pursuant to 10 CFR 2.206 (DD-
05-02), the complete text of which is available for inspection at the
Commission's Public Document Room, located at One White Flint North,
Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland, or electronically from the Agencywide Documents Access and
Management System (ADAMS) Public Electronic Reading Room on the NRC Web
site at http://www.nrc.gov/reading-rm/adams.html.
The Director's Decision addresses several issues related to the
Vermont Yankee design and licensing basis including: (1) Whether the
licensee's designation of Appendix F of the Updated Final Safety
Analysis Report (UFSAR) as ``historical information'' meets the intent
of 10 CFR 50.71(e) regarding maintenance of design basis information,
and (2) whether a compilation of Vermont Yankee's current design
conformance to the draft GDCs is necessary for licensing reviews and
inspections.
With respect to the first issue, the NRC staff concluded that the
designation of UFSAR Appendix F as historical information is consistent
with the applicable industry guidance, and would meet the intent of 10
CFR 50.71(e) regarding maintenance of design basis information, if the
relevant information, consistent with the definition of ``design
bases'' in 10 CFR 50.2, is contained in other portions of the UFSAR
that are updated to reflect current plant design. Following the
licensee's next update of the UFSAR to add the cross references
discussed in Section II.A of the Director's Decision, the NRC staff
will evaluate if any enforcement action is warranted.
With respect to the second issue, the NRC staff concluded that the
NRC licensing review process provides reasonable assurance that the
plant continues to meet the intent of the draft GDC and adequate
protection of public health and safety is assured. The NRC also
concluded that it did not need a compilation of the Vermont Yankee's
current conformance to the draft GDC to review the application for an
EPU or to conduct the Engineering Team Inspection (inspection was
completed in September 2004).
A copy of the Director's Decision will be filed with the Secretary
of the Commission for the Commission's review in accordance with 10 CFR
2.206 of the Commission's regulations. As provided for by this
regulation, the Director's Decision will constitute the final action of
the Commission 25 days after the date of the decision, unless the
Commission, on its own motion, institutes a review of the director's
decision in that time.
Dated at Rockville, Maryland, this 16th day of August 2005.
For the Nuclear Regulatory Commission.
R. William Borchardt,
Acting Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-4594 Filed 8-22-05; 8:45 am]
BILLING CODE 7590-01-P