[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19549-19551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5582]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271-OLA; ASLBP No. 04-832-02-OLA]
Atomic Safety and Licensing Board; In the Matter of Entergy
Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc.
(Vermont Yankee Nuclear Power Station); Notice of Hearing and of
Opportunity To Make Oral or Written Limited Appearance Statements
Concerning Proposed Uprate
April 10, 2006.
Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Anthony J.
Baratta, Lester S. Rubenstein.
This proceeding concerns the September 10, 2003 application of
Entergy Nuclear Vermont Yankee, L.L.C. and Entergy Nuclear Operations,
Inc. (collectively, Entergy), for an amendment to the operating license
for the Vermont Yankee Nuclear Power Station in Windham County,
Vermont. Entergy seeks a license amendment authorizing it to increase
the maximum power level of the plant from 1593 megawatts thermal (MWt)
to 1912 MWt and to modify associated technical specifications of the
license (collectively referred to as an ``uprate'').\1\ This
[[Page 19550]]
Atomic Safety and Licensing Board hereby gives notice of two matters.
First, pursuant to 10 CFR 2.315(a), the Board will entertain oral
limited appearance statements from members of the public regarding the
requested uprate. The limited appearance statement sessions will be
held on June 26 and 27, 2006 in Brattleboro, Vermont. Second, pursuant
to 10 CFR part 2, subpart L, the Board will convene an oral evidentiary
hearing to receive evidence and to question witnesses concerning the
admitted contentions. The evidentiary hearing will be held during the
weeks of September 11, and October 16, 2006, at specific times and
locations to be determined.
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\1\ Commission regulations permit the NRC Staff to approve a
license amendment and to authorize the licensee to implement the
action (e.g., the uprate), prior to the adjudicatory hearing if the
NRC Staff determines that the amendment involves no ``significant
hazard considerations.'' See 10 CFR 2.1202(a). That is what has
happened in this case. On March 2, 2006, after finding that there
are no significant hazard considerations associated with the Vermont
Yankee uprate, the NRC Staff approved Entergy's request for the
license amendment. See 71 FR 11682 (March 8, 2006). Entergy has
already begun to implement the uprate. However, the NRC Staff
decision shall have no effect on the responsibility and authority of
this Board to rule on the validity of the objections raised by the
intervenors herein. As the Commission recently explained, ``If the
Board determines after full adjudication that the license amendment
should not have been granted, it may be revoked (or conditioned).''
CLI-06-08, 63 NRC--, -- (slip op. at 3) (March 3, 2006).
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I. Background and Scope of Proceeding
On July 1, 2004, the Commission issued a notice of opportunity for
a hearing on Entergy's license amendment request. 69 FR 39976 (July 1,
2004). Two requests for hearing and intervention petitions were filed--
one by the Department of Public Service of the State of Vermont (State)
and the other by the New England Coalition (NEC). Each sought, in
accordance with 10 CFR 2.309, to interpose various contentions
challenging the uprate application. The petitions were referred to this
Atomic Safety and Licensing Board, consisting of Dr. Anthony J.
Baratta, Lester S. Rubenstein, and Alex S. Karlin, to preside over this
uprate proceeding. 69 FR 56797 (September 22, 2004).
On October 21 and 22, 2004, the Board conducted an initial
prehearing conference in Brattleboro, Vermont, and on November 22,
2004, the Board found that the State and NEC had each established the
requisite standing to intervene in this proceeding and that each had
submitted at least one admissible contention concerning the Entergy
application. LBP-04-28, 60 NRC 548 (2004).
At the present time four admitted contentions define the scope of
this uprate proceeding and thus the appropriate scope of any limited
appearance statements. The four contentions are as follows:
State Contention 1: Entergy has claimed credit for containment
overpressure in demonstrating the adequacy of ECCS pumps for plant
events including a loss of coolant accident in violation of draft
General Design Criteria 44 and 52 and therefore Entergy has failed
to demonstrate that the proposed uprate will provide adequate
protection for public health and safety as required by 10 CFR
50.57(a)(3).
State Contention 2: Because of the current level of uncertainty
of the calculation which the Applicant uses to demonstrate the
adequacy of ECCS pumps, the Applicant has not demonstrated that the
use of containment overpressure to provide the necessary net
positive suction head for ECCS pumps will provide adequate
protection for the public health and safety as required by 10 CFR
50.57(a)(3).
NEC Contention 3: The license amendment should not be approved
unless Large Transient Testing is a condition of the Extended Power
Uprate.\2\
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\2\ The first three contentions are specified at LBP-04-28, 60
NRC 548, 580 (2004).
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NEC New Contention 4: The Entergy Vermont Yankee [ENVY] license
application (including all supplements) for an extended power uprate
of 20% over rated capacity is not in conformance with the plant
specific original licensing basis and/or 10 CFR Part 50, Appendix S,
paragraph I(a), and/or 10 CFR Part 100, Appendix A, because it does
not provide analyses that are adequate, accurate, and complete in
all material respects to demonstrate that the Vermont Yankee Nuclear
Power Station Alternate Cooling System [ACS] in its entirety, in its
actual physical condition (or in the actual physical condition ENVY
will effectuate prior to commencing operation at EPU), will be able
to withstand the effects of an earthquake and other natural
phenomena without loss of capability to perform its safety functions
in service at the requested increased plant power level.\3\
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\3\ This contention is specified at LBP-05-32, 62 NRC 813, 827
(2005).
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II. Notice of Limited Appearance Statement Sessions
A. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
The oral limited appearance sessions will be on the following
dates, at the specified location and times:
1. Date: Monday, June 26, 2006.
Time: 6:30 pm. to 10:30 p.m.
Location: Latchis Theatre, 50 Main Street, Brattleboro, Vermont.
2. Date: Tuesday, June 27, 2006.
Time: 9 a.m. to 12 p.m. and 1:30 p.m. to 4 p.m.
Location: Same as Session 1 above.
B. Participation Guidelines for Oral Limited Appearance Statements
Any person who is not already a party will be permitted to make an
oral statement setting forth his or her position on matters of concern
related to this uprate proceeding.\4\ The jurisdiction of this Board
and the scope of this proceeding is limited to the uprate. Limited
appearance statements will be transcribed but are not under oath or
affirmation and do not constitute testimony or evidence. The purpose of
limited appearance statements is to allow members of the public to
alert the Board and the parties to areas relating to the uprate and the
admitted contentions in which evidence may need to be adduced, and to
assist the Board in its consideration of these issues.\5\
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\4\ The parties to this proceeding are Entergy Nuclear Vermont
Yankee, L.L.C. and Entergy Nuclear Operations, Inc., the NRC Staff,
the Department of Public Service of the State of Vermont, and the
New England Coalition.
\5\ See 10 CFR 2.315(a); Iowa Electric Light & Power Co. (Duane
Arnold Energy Center), ALAB-108, 6 AEC 195, 196 n.4 (1973); 10 CFR
part 2, Appendix A, Sec. III(b) (2004), deleted Final Rule, Changes
to Adjudicatory Process, 69 FR 2182, 2274 (January 14, 2004).
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Oral limited appearance statements will be entertained during the
hours specified above, or such lesser time as may be necessary to
accommodate the speakers who are present.\6\ If all scheduled and
unscheduled speakers present at a session have made a presentation, the
Board reserves the right to terminate the session before the ending
times listed above.
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\6\ Any members of the public who plan to attend either the
evidentiary hearings or the limited appearance sessions are advised
that security measures may be employed at the entrance to the
hearing facility, including searches of hand-carried items such as
briefcases or backpacks. In addition, no signs are permitted at the
evidentiary hearing. However, signs no larger than 18[sec] by
18[sec] will be permitted during the limited appearance sessions,
but may not be attached to sticks, held up, or moved about in the
rooms. Cf. Policy Statement on Enhancing Public Participation in NRC
Meetings, 67 FR 36,920, 36,923 (May 28, 2002).
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In order to allow all interested persons an opportunity to address
the Board, the time allotted for each oral limited appearance statement
normally will be no more than five minutes, and may be further limited,
depending on the number of written requests to make an oral statement
that are submitted in accordance with section C below and/or the number
of persons present at the designated times. At the outset of each
statement, the speaker should identify himself or herself and specify
if they have any affiliation (such as employment, consultancy, or
membership) with any of the parties.
C. Submitting a Request to Make an Oral Limited Appearance Statement
Persons wishing to make an oral statement who have submitted a
timely written request to do so will be given priority over those who
have not filed such a request. To be considered timely, a written
request to make an oral statement must either be mailed, faxed, or sent
by e-mail so as to be received by 5 p.m. Eastern Daylight Time on
Tuesday, June 20, 2006. The request must specify the session (Monday
evening, Tuesday morning, or Tuesday afternoon) during which the
requester
[[Page 19551]]
wishes to make an oral statement. Based on its review of the requests
received by June 20, 2006, the Licensing Board reserves the right to
cancel or shorten any of the sessions (Monday evening, Tuesday morning
or Tuesday afternoon) due to a lack of adequate public interest.
Written requests to make an oral statement should be submitted to:
Mail: Office of the Secretary, Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
E-mail: [email protected].
In addition, using the same method of service, a copy of the
written request to make an oral statement should be sent to the
Chairman of this Licensing Board as follows:
Mail: Alex S. Karlin, Chairman, c/o: Jonathan Rund, Esq., Law
Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 E2C, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001.
Fax: (301) 415-5599 (verification (301) 415-6094).
E-mail: [email protected] and [email protected].
D. Written Limited Appearance Statements (In Lieu of Oral Statements)
A written limited appearance statement may be submitted to the
Board regarding this proceeding at any time. Such statements should be
sent to the Office of the Secretary using the methods prescribed above,
with a copy to the Licensing Board Chairman. A person who has already
filed a written limited appearance statement in this matter \7\ is not
required to resubmit it, but should notify the Board, as specified
above, if he or she wishes to make an oral statement during the June
sessions.
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\7\ See Licensing Board Memorandum and Order (Scheduling
Prehearing Conference Call and Oral Argument) at 2-3 (October 1,
2004) (unpublished).
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III. Notice of Evidentiary Hearing
In addition to the oral limited appearance statement sessions
discussed above, the public is notified that this Board subsequently
will conduct an evidentiary hearing on the four contentions admitted in
this proceeding. The hearing will be governed by the ``Informal Hearing
Procedures'' set forth in 10 CFR part, subparts C and L, see 10 CFR
2.300-2.390., 2.1200-2.1213, and is scheduled to take place during the
weeks of September 11, and October 16, 2006. Although the precise dates
and locations of the evidentiary hearings are yet to be determined, it
is the Commission's policy and practice to hold them in the general
vicinity of the site of the nuclear facility that is the subject of the
proceeding, so that members of the public may attend.\8\ See 10 CFR
2.328-2.329, 2.331. However, it appears that some of the contentions in
this proceeding involve some proprietary commercial information, which
would require that those portions of the evidentiary hearing be closed
to the general public, with only the authorized parties able to
attend.\9\ The current plan is to hold the evidentiary hearings in
Vermont, if possible, except for those portions of the proceeding that
may need to be closed to the public, which may be held at NRC
Headquarters in Rockville, Maryland. The Board will issue a subsequent
order establishing the exact dates, times, and locations for the
evidentiary hearing and copies of these rulings will be available to
the public at the NRC Public Document Room (PDR), located at One White
Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland,
and through the NRC Web site, http://www.nrc.gov.
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\8\ See Exelon Generation Co., LLC (Early Site Permit for
Clinton ESP Site), Licensing Board Memorandum and Order (Denying
Motion Requesting Reconsideration of Initial Prehearing Conference
Location) at 2-3 (April 5, 2004) (unpublished); 10 CFR part 2,
Appendix A, Sec. I(a) (2004), deleted Final Rule, Changes to
Adjudicatory Process, 69 FR 2182, 2274 (January 14, 2004).
\9\ In accordance with 10 CFR 2.390, portions of a hearing may
be closed to the public if the matters at issue involve the
discussion of confidential or legally protected information.
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IV. Availability of Documentary Information Regarding the Proceeding
Documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room or electronically
from the publicly available records component of NRC's Agencywide
Documents Access and Management System (ADAMS). ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the
Public Electronic Reading Room). Persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in
ADAMS should contact the NRC PDR reference staff by telephone at (800)
397-4209, (301) 415-4737, or by e-mail to [email protected].
V. Scheduling Information Updates
Any updated/revised scheduling information regarding the
evidentiary hearing and limited appearance sessions can be found on the
NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm or by calling (800) 368-5642, extension 5036, or (301) 415-
5036.
It is so ordered.
Dated at Rockville, Maryland, April 10, 2006.
For the Atomic Safety and Licensing Board.\10\
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\10\ Copies of this order were sent this date by Internet e-mail
transmission to the representatives for (1) licensees Entergy
Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc.;
(2) intervenors Vermont Department of Public Service and New England
Coalition of Brattleboro, Vermont; and (3) the Staff.
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Alex S. Karlin,
Chairman, Administrative Judge.
[FR Doc. E6-5582 Filed 4-13-06; 8:45 am]
BILLING CODE 7590-01-P