Entergy Nuclear Operations, Inc.; Entergy Nuclear Vermont Yankee, LLC; Vermont Yankee Nuclear Power Station; Request for Licensing Action, 39057-39058 [2010-16462]
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
regarding transfer or other disposition of
radioactive material by licensees who
wish to terminate their licenses. The
information is used by the NRC as part
of the basis for its determination that the
facility has been cleared of radioactive
material before the facility is released
for unrestricted use.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
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signature date of this notice.
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directed to the OMB reviewer listed
below by August 6, 2010. Comments
received after this date will be
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date.
Christine J. Kymn, Desk Officer,
Office of Information and Regulatory
Affairs (3150–0028), NEOB–10202,
Office of Management and Budget,
Washington, DC 20503.
Week of July 5, 2010
Thursday, July 8, 2010
1:25 p.m. Affirmation Session (Public
Meeting) (Tentative).
a. Pa’ina, Hawaii, LLC (Materials
License Application), Docket No.
30–36974–ML, Petition for Review
of Licensing Board Initial Decision
(Tentative).
b. Entergy Nuclear Operations, Inc.
(Indian Point Nuclear Generating
Units 2 and 3), Certified Question
Arising From Motion for Leave to
Admit New Contentions
(Tentative).
c. Entergy Nuclear Vermont Yankee,
LLC, and Entergy Nuclear
Operations, Inc. (Vermont Yankee
Nuclear Power Station), Petitions
for review of LBP–08–25 (Nov. 24,
2008) & LBP–09–9 (July 8, 2009),
Docket No. 50–271–LR (Tentative).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m. Briefing on Proposed Rule
on Part 35 Medical Events
Definitions—Permanent Implant
Brachytherapy (Public Meeting).
(Contact: Andrew Carrera, 301–
415–1078).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of July 12, 2010—Tentative
39057
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
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The NRC Commission Meeting
Schedule can be found on the Internet
at:
https://www.nrc.gov/about-nrc/policymaking/schedule.html.
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Determinations on requests for
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Comments can also be e-mailed to
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submitted by telephone at (202) 395–
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The NRC Clearance Officer is
Tremaine Donnell, (301) 415–6258.
Tuesday, July 13, 2010
9:30 a.m. Briefing on the Radiation
Source Protection and Security
Task Force Report (Closed—Ex. 9).
Dated: July 1, 2010.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2010–16623 Filed 7–2–10; 4:15 pm]
Dated at Rockville Maryland, this 29th day
of June 2010.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
There are no meetings scheduled for
the week of July 19, 2010.
NUCLEAR REGULATORY
COMMISSION
Week of July 26, 2010—Tentative
[Docket No. 50–271; NRC–2010–0243;
License No. DPR–28]
[FR Doc. 2010–16458 Filed 7–6–10; 8:45 am]
Week of August 2, 2010—Tentative
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There are no meetings scheduled for
the week of August 2, 2010.
NUCLEAR REGULATORY
COMMISSION
Week of August 9, 2010—Tentative
Week of July 19, 2010—Tentative
[NRC–2010–0002]
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Sunshine Federal Register Notice
Nuclear
Regulatory Commission.
Weeks of July 5, 12, 19, 26,
August 2, 9, 2010.
DATE:
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS:
Public and Closed.
VerDate Mar<15>2010
15:28 Jul 06, 2010
There are no meetings scheduled for
the week of July 26, 2010.
Thursday, August 12, 2010
AGENCY HOLDING THE MEETINGS:
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9:30 a.m. Meeting with Organization of
Agreement States (OAS) and
Conference of Radiation Control
Program Directors (CRCPD) (Public
Meeting) (Contact: Cindy Flannery,
301 415–0223).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
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*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
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Entergy Nuclear Operations, Inc.;
Entergy Nuclear Vermont Yankee, LLC;
Vermont Yankee Nuclear Power
Station; Request for Licensing Action
Notice is hereby given that by
petitions dated January 12, 2010, from
Mr. Michael Mulligan, February 8, 2010,
from Mr. Raymond Shadis, and
February 20, 2010, from Mr. Thomas
Saporito have requested that pursuant to
Title 10 of the Code of Federal
Regulations (10 CFR), Section 2.206,
‘‘Requests for Action under this
Subpart,’’ the U.S. Nuclear Regulatory
Commission (NRC) take action with
regard to the Vermont Yankee Nuclear
Power Station.
Mr. Mulligan requested in his petition
that (1) the radioactive leak into the
environment of Vermont Yankee (VY)
be immediately stopped and VY be
E:\FR\FM\07JYN1.SGM
07JYN1
cprice-sewell on DSK8KYBLC1PROD with NOTICES
39058
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
immediately shutdown and all leaking
paths be isolated and (2) VY disclose its
preliminary ‘‘root cause analysis’’ and
the NRC release its preliminary
investigative report on this analysis
before plant startup.
Mr. Shadis requested in his petition
that the NRC (1) require VY to go into
cold shutdown and depressurize all
systems in order to slow or stop the
leak, (2) act promptly to stop or mitigate
the leak(s) and not wait until all issues
raised by the New England Coalition are
resolved, (3) require VY to reestablish
its licensing basis by physically tracing
records and reporting physical details of
all plant systems that would be within
scope as ‘‘Buried Pipes and Tanks’’ in
NUREG–1801, ‘‘Generic Aging Lessons
Learned (GALL) Report,’’ and under the
requirements of 10 CFR 50.54,
‘‘Conditions of Licenses,’’ (4) investigate
and determine why Entergy has been
allowed to operate VY since 2002
without a working knowledge of all
plant systems and why the NRC’s
Reactor Oversight Process (ROP) and
review process for license renewal
amendment did not detect this
dereliction, (5) take notice of Entergy
Nuclear Vermont Yankee’s many
maintenance and management failures
(from 2000–2010) and the ROP’s failure
to detect them early and undertake a full
diagnostic evaluation team inspection or
NRC Inspection Procedure 95003,
‘‘Supplemental Inspection for Repetitive
Degraded Cornerstones, Multiple
Degraded Cornerstones, Multiple
Yellow Inputs or One Red Input,’’ and
(6) require Entergy VY to apply for an
amendment to its license renewal that
would address both aging analysis and
aging management of all buried piping
carrying or with the potential to carry
radionuclides and/or the potential to
interact with any safety or safety-related
system.
Mr. Saporito requested in his petition
that the NRC (1) order a ‘‘cold-shutdown’’ mode of operation for VY
because of leaking radioactive tritium
and (2) issue a confirmatory order
modifying the NRC-issued license for
VY so that the licensee must bring the
nuclear reactor to a ‘‘cold-shut-down’’
mode of operation until the licensee can
provide definitive reasonable assurance
to the NRC, under affirmation, that the
reactor will be operated in full
compliance with the regulations in 10
CFR Part 50, ‘‘Domestic Licensing of
Production and Utilization Facilities,’’
and Appendix A, ‘‘General Design
Criteria for Nuclear Power Plants,’’ to 10
CFR Part 50, Criterion 60, ‘‘Control of
Releases of Radioactive Materials to the
Environment,’’ and Criterion 64,
‘‘Monitoring Radioactivity Releases,’’
VerDate Mar<15>2010
15:28 Jul 06, 2010
Jkt 220001
and other NRC regulations and
authority.
The requests are being treated
pursuant to 10 CFR 2.206 of the
Commission’s regulations. The requests
have been referred to the Director of the
Office of Nuclear Reactor Regulation. As
provided by 10 CFR 2.206, appropriate
action will be taken on this consolidated
petition within a reasonable time.
Each petitioner stated that the tritium
leak is just one example of many
maintenance and management failures
at VY. All three raised a concern
regarding what they perceive as the
NRC’s failure to examine the
deficiencies at VY in an integrated
manner. Although the individual
petition was written to request
enforcement action specifically because
of the tritium leak, during each of the
transcribed phone calls, each petitioner
urged the NRC to take a broader view
and assess operational and performance
failures at VY collectively, instead of
individually. This concern has met the
criteria for review in accordance with
Management Directive (MD) 8.11
‘‘Review Process for 10 CFR 2.206
Petitions.’’
Subsequently, the PRB made a
recommendation to accept the
consolidated petition for review for the
following specific issues and concerns
identified in the petitions and/or
supplemented during the
teleconferences:
(1) Increasing concentrations of
radiocontaminants in the soil and
groundwater at VY, as well as an
increasing area of contamination, are
manifest on a daily basis. VY risks
aggravating the contamination by
continuing to run the reactor at full
power while attempting over a period of
a month to triangulate the location of a
presumed leak by drilling a series of test
wells in the affected area.
(2) During the license renewal
application proceeding, the licensee has
averred that it was unaware of the
existence of some buried pipes, now
uncovered, and it has yet to discover
their path and purpose.
(3) Entergy has, in 8 years of
ownership, failed to learn and
understand VY’s design, layout, and
construction. This failure to
comprehend and understand the layout,
function, and potentially the interaction
of the plant’s own piping systems
constitutes a loss of design basis.
(4) The NRC’s ROP has apparently
failed to capture, anticipate, and prevent
ongoing maintenance, engineering,
quality assurance, and operation issues
that have manifested themselves in a
series of high-profile incidents since
Entergy took over VY. The agency has
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
repeatedly failed to detect root cause
trends until they have, as in this
instance, become grossly self-revealing.
(5) The NRC should ensure that
Entergy has adequate decommissioning
funds. The tritium leak will increase
decommissioning costs because of the
need for site radiological examination
and soil remediation.
Copies of the petitions are available to
the public from the NRC’s Agencywide
Documents Access and Management
System (ADAMS) in the public
Electronic Reading Room on the NRC
Web site at https://www.nrc.gov/readingrm/adams.html under ADAMS
Accession Nos. ML100190688,
ML100470430, and ML100621374, and
are available for inspection at the
Commission’s Public Document Room,
located at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland.
Dated at Rockville, Maryland this 25th day
of June 2010.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–16462 Filed 7–6–10; 8:45 am]
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[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 39057-39058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16462]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271; NRC-2010-0243; License No. DPR-28]
Entergy Nuclear Operations, Inc.; Entergy Nuclear Vermont Yankee,
LLC; Vermont Yankee Nuclear Power Station; Request for Licensing Action
Notice is hereby given that by petitions dated January 12, 2010,
from Mr. Michael Mulligan, February 8, 2010, from Mr. Raymond Shadis,
and February 20, 2010, from Mr. Thomas Saporito have requested that
pursuant to Title 10 of the Code of Federal Regulations (10 CFR),
Section 2.206, ``Requests for Action under this Subpart,'' the U.S.
Nuclear Regulatory Commission (NRC) take action with regard to the
Vermont Yankee Nuclear Power Station.
Mr. Mulligan requested in his petition that (1) the radioactive
leak into the environment of Vermont Yankee (VY) be immediately stopped
and VY be
[[Page 39058]]
immediately shutdown and all leaking paths be isolated and (2) VY
disclose its preliminary ``root cause analysis'' and the NRC release
its preliminary investigative report on this analysis before plant
startup.
Mr. Shadis requested in his petition that the NRC (1) require VY to
go into cold shutdown and depressurize all systems in order to slow or
stop the leak, (2) act promptly to stop or mitigate the leak(s) and not
wait until all issues raised by the New England Coalition are resolved,
(3) require VY to reestablish its licensing basis by physically tracing
records and reporting physical details of all plant systems that would
be within scope as ``Buried Pipes and Tanks'' in NUREG-1801, ``Generic
Aging Lessons Learned (GALL) Report,'' and under the requirements of 10
CFR 50.54, ``Conditions of Licenses,'' (4) investigate and determine
why Entergy has been allowed to operate VY since 2002 without a working
knowledge of all plant systems and why the NRC's Reactor Oversight
Process (ROP) and review process for license renewal amendment did not
detect this dereliction, (5) take notice of Entergy Nuclear Vermont
Yankee's many maintenance and management failures (from 2000-2010) and
the ROP's failure to detect them early and undertake a full diagnostic
evaluation team inspection or NRC Inspection Procedure 95003,
``Supplemental Inspection for Repetitive Degraded Cornerstones,
Multiple Degraded Cornerstones, Multiple Yellow Inputs or One Red
Input,'' and (6) require Entergy VY to apply for an amendment to its
license renewal that would address both aging analysis and aging
management of all buried piping carrying or with the potential to carry
radionuclides and/or the potential to interact with any safety or
safety-related system.
Mr. Saporito requested in his petition that the NRC (1) order a
``cold-shut-down'' mode of operation for VY because of leaking
radioactive tritium and (2) issue a confirmatory order modifying the
NRC-issued license for VY so that the licensee must bring the nuclear
reactor to a ``cold-shut-down'' mode of operation until the licensee
can provide definitive reasonable assurance to the NRC, under
affirmation, that the reactor will be operated in full compliance with
the regulations in 10 CFR Part 50, ``Domestic Licensing of Production
and Utilization Facilities,'' and Appendix A, ``General Design Criteria
for Nuclear Power Plants,'' to 10 CFR Part 50, Criterion 60, ``Control
of Releases of Radioactive Materials to the Environment,'' and
Criterion 64, ``Monitoring Radioactivity Releases,'' and other NRC
regulations and authority.
The requests are being treated pursuant to 10 CFR 2.206 of the
Commission's regulations. The requests have been referred to the
Director of the Office of Nuclear Reactor Regulation. As provided by 10
CFR 2.206, appropriate action will be taken on this consolidated
petition within a reasonable time.
Each petitioner stated that the tritium leak is just one example of
many maintenance and management failures at VY. All three raised a
concern regarding what they perceive as the NRC's failure to examine
the deficiencies at VY in an integrated manner. Although the individual
petition was written to request enforcement action specifically because
of the tritium leak, during each of the transcribed phone calls, each
petitioner urged the NRC to take a broader view and assess operational
and performance failures at VY collectively, instead of individually.
This concern has met the criteria for review in accordance with
Management Directive (MD) 8.11 ``Review Process for 10 CFR 2.206
Petitions.''
Subsequently, the PRB made a recommendation to accept the
consolidated petition for review for the following specific issues and
concerns identified in the petitions and/or supplemented during the
teleconferences:
(1) Increasing concentrations of radiocontaminants in the soil and
groundwater at VY, as well as an increasing area of contamination, are
manifest on a daily basis. VY risks aggravating the contamination by
continuing to run the reactor at full power while attempting over a
period of a month to triangulate the location of a presumed leak by
drilling a series of test wells in the affected area.
(2) During the license renewal application proceeding, the licensee
has averred that it was unaware of the existence of some buried pipes,
now uncovered, and it has yet to discover their path and purpose.
(3) Entergy has, in 8 years of ownership, failed to learn and
understand VY's design, layout, and construction. This failure to
comprehend and understand the layout, function, and potentially the
interaction of the plant's own piping systems constitutes a loss of
design basis.
(4) The NRC's ROP has apparently failed to capture, anticipate, and
prevent ongoing maintenance, engineering, quality assurance, and
operation issues that have manifested themselves in a series of high-
profile incidents since Entergy took over VY. The agency has repeatedly
failed to detect root cause trends until they have, as in this
instance, become grossly self-revealing.
(5) The NRC should ensure that Entergy has adequate decommissioning
funds. The tritium leak will increase decommissioning costs because of
the need for site radiological examination and soil remediation.
Copies of the petitions are available to the public from the NRC's
Agencywide Documents Access and Management System (ADAMS) in the public
Electronic Reading Room on the NRC Web site at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Nos. ML100190688,
ML100470430, and ML100621374, and are available for inspection at the
Commission's Public Document Room, located at One White Flint North,
11555 Rockville Pike (first floor), Rockville, Maryland.
Dated at Rockville, Maryland this 25th day of June 2010.
For the Nuclear Regulatory Commission.
Eric J. Leeds,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 2010-16462 Filed 7-6-10; 8:45 am]
BILLING CODE 7590-01-P