[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Pages 69360-69361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6272]



[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 December 
7, 2004, filed pursuant to Title 10 of the Code of Federal Regulations 
(10 CFR) section 2.206 by Mr. Raymond Shadis, hereinafter referred to 
as the ``Petitioner.'' The Petition concerns the operation of the 
Vermont Yankee

[[Page 69361]]

Nuclear Power Station (Vermont Yankee).
    The Petition requested that the NRC take immediate action to 
address the degraded alert and notification system at Vermont Yankee. 
The Petition also requested that the NRC order Vermont Yankee to go 
into cold shutdown until Entergy Vermont Yankee, LLC and Entergy 
Nuclear Operations, Inc. (the licensee) has provided a workable 
emergency warning system and until the NRC has verified the operability 
of that system.
    As the basis for his request, the Petitioner stated that the 
emergency warning system could not assure that the public would be 
notified in a timely manner should an emergency occur. The Petitioner 
stated that equipment and human failures over time were cumulatively 
sufficient to show that Vermont Yankee was operating without a 
functional emergency response plan.
    By teleconference on January 6, 2005, the Petitioner, along with 
two representatives of the organization Nuclear Free Vermont, discussed 
the petition with the NRC's Petition Review Board. This teleconference 
gave the Petitioner and the licensee an opportunity to provide 
additional information and to clarify issues raised in the Petition.
    The NRC staff sent a copy of the proposed Director's Decision to 
the Petitioner and to the licensee for comment by letters dated May 24, 
2005. The Petitioner submitted comments by letter dated June 24, 2005, 
and these comments are addressed in the final Director's Decision.
    The Director of the Office of Nuclear Reactor Regulation has 
determined that the Petitioner's request is denied. The reasons for 
this decision are explained in the Director's Decision pursuant to 10 
CFR 2.206 (DD-05-03), 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.
    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 7th day of November 2005.

    For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. E5-6272 Filed 11-14-05; 8:45 am]