-- 45 111.,3

112 STATE STREET

DRAWER 20

MONTPELIER VT 05620-2601

TEL: (802) 828-2811

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STT OF3! vEMN

FAX: (802) 828-2342

TIY (VT): 1-800-734-8390

e-mail: vtdpsipsd.state.vt.us

Internet: http://www.state.vt.us/psd

DOCKETED

USNRC

May 2, 2006 (3:37pm)

OFFICE OF SECRETARY

RULEMAKINGS AND

ADJUDICATIONS STAFF

STATE OF VERMONT

DEPARTMENT OF PUBLIC SERVICE

May 2, 2006

Administrative Judge Alex S. Karlin,

Chair

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission

Mail Stop: T-3F23

Washington, DC 20555-0001

Administrative Judge Lester S. Rubenstein

Atomic Safety and Licensing Board Panel

4760 East Country Villa Drive

Tucson, AZ 85718

Administrative Judge Anthony J. Baratta

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission

Mail Stop: T-3F23

Washington, DC 20555-0001

In the Matter of

ENTERGY NUCLEAR VERMONT YANKEE LLC and

ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

Docket No. 50-271-OLA

Dear Administrative Judges:

Please find enclosed a Notice of Withdrawal and Request for Dismissal of

Contentions of the Vermont Department of Public Service. With the Notice is a

Memorandum of Understanding entered into this day with Entergy Nuclear Vermont

Yankee, LLC and Entergy Nuclear Operations, Inc. as well as a Certificate of Service.

The Department of Public Service greatly appreciates the time and resources

expended by the Atomic Safety and Licensing Board on our contentions. We would be

happy to answer any questions you have about this filing.

Very truly yours,

Sarah Hi

Director Advocacy

cc: Certificate of Service

Teop lafe = £cy-ev4 •ey SEC y Oon-'
May 2, 2006

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

Before the Atomic Safety and Licensing Board

In the Matter of )

) Docket No. 50-271

ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA

NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

NOTICE OF WITHDRAWAL AND REQUEST FOR DISMISSAL OF CONTENTIONS

OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE

Now Comes the Vermont Department of Public Service (State) by its undersigned

counsel and, for the following reasons, voluntarily withdraws from this proceeding and requests

the dismissal with prejudice of the State's contentions.

1. The State and Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy

Nuclear Operations, Inc. (Entergy) have agreed to a mutually satisfactory resolution

of the issues raised by the State in this proceeding, as evidenced by the

Memorandum of Understanding (MOU) attached as Exhibit A hereto. As explained

in more detail in the MOU, the State's efforts in this proceeding have resulted in

substantial and additional attention being paid by Entergy, the U.S. Nuclear

Regulatory Commission (NRC) Staff and the Advisory Committee on Reactor

Safeguards (ACRS) to the State's concerns about the use of containment

overpressure. As a result of this added attention and analysis, plus additional

inspections and other steps that have been agreed to by Entergy in the MOU, the

State is now satisfied that its concerns have been satisfactorily addressed.
2. In July - August 2004, the NRC Staff performed an independent engineering

assessment at Vermont Yankee. As part of the assessment, the State asked that

calculations regarding the adequacy of the emergency cooling pumps be reviewed.

The calculations were reviewed within the scope of the inspection team's charge and

were found acceptable. The State Nuclear Engineer participated in the inspection.

3. In June 2004, the State asked that the NRC Staff perform independent calculations

to verify the computer-model calculations associated with containment overpressure

credit. The Final Safety Evaluation Report (SER) issued in March 2006 identifies

that NRC performed independent verification calculations of the critical parts of the

containment overpressure issue, giving the State confidence in the conservatisms

claimed by Entergy in its containment overpressure request.

4. As part of the review of power uprate, the NRC Staff submitted requests for

additional information (RAIs) of Entergy resulting in over forty supplements to the

amendment request. Many of these RAIs were regarding the State's issue of credit

for containment overpressure. The State was able to review these supplements, as

well as follow the NRC Staff's review and thinking on the issue through the

Advisory Committee on Reactor Safeguards (ACRS) process as well as the Draft

and Final SERs. The State is satisfied that the issue raised in the State's contentions

was thoroughly reviewed.

5. The State actively participated in the Advisory Committee on Reactor Safeguards'

review of the generic issue of taking credit for containment overpressure and the

site-specific review of the extended power uprate at Vermont Yankee. The State

-2-
-

made four formal presentations to the full ACRS or the ACRS subcommittee on

power uprates on the issue of containment overpressure, and was present to answer

questions by the Committee and listen to its discussion and Entergy's and the NRC

Staff's presentations on almost all the occasions on which the topic of containment

overpressure credit was discussed. The ACRS, at times, required additional analysis

from Entergy and the NRC Staff to fully review the issue. Ultimately, the ACRS

determined that the overall risk associated with extended power uprate at Vermont

Yankee is small, and that the change in risk resulting from allowing the requested

containment overpressure credit is also small. The State was satisfied with the level

of the review and the time spent on this issue of import.

NOW, THEREFORE, for the reasons stated herein and in the attached MOU, the State

hereby requests the dismissal with prejudice of its two admitted contentions.

Respectfully submitted,

Sarah Hofin

Director for Public Advocacy

Department of Public Service

112 State Street - Drawer 20

Montpelier, VT 05602-2601

Anthony Z. Roisman

National Legal Scholars Law Firm

84 East Thetford Rd.

Lyme, NH 03768

Counsel for the Vermont Department

of Public Service

- 3 -
EXHIBIT A

MEMORANDUM OF UNDERSTANDING

This is a Memorandum of Understanding ("MOU"), dated May 1, 2006, between

Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (together

"Entergy VY'), and the Vermont Department of Public Service (the "DPS").

PRELIMINARY STATEMENT

1. Entergy VY has petitioned and received approval from the Nuclear

Regulatory Commission ("the NRC") to amend its operating license to

implement an extended power uprate at the Vermont Yankee Nuclear Power

Station (the "Station") which permits an increase in power of the Station

from a maximum of 1593 MWt to 1912 MWt. Acting through the DPS, the

State of Vermont moved to intervene and is participating in proceedings

before the NRC's Atomic Safety and Licensing Board ("Board") on the

extended power uprate amendment. The State's efforts in this proceeding

have resulted in substantial and additional attention being paid by Entergy,

the NRC Staff and the Advisory Committee on Reactor Safeguards to the

State's concerns about the use of containment overpressure. As a result of

this added attention and analysis, plus additional inspections and other steps

that have been agreed to by Entergy in the MOU, the State is now satisfied

that its concerns have been satisfactorily addressed. By this agreement, the

State of Vermont, acting through the DPS, has agreed to withdraw from the

Board proceedings.

STIPULATION

Entergy VY and the DPS agree as follows:
1. Entergy VY shall perform a Type A Containment Leak Rate Test (the "Type A

Test") during the Station's refueling outage in 2010 (the "Outage") and make the

results available to the DPS within 60 days of the Outage's completion.

2. During the period between the date of this MOU and completion of the Type A

Test in 2010, Entergy VY shall provide to the DPS weekly readings of nitrogen

usage at the Station as an indication of containment integrity in a format jointly

agreed upon by Entergy VY and DPS.

3. During and following the completion of the refueling outages currently scheduled

for 2007 and 2008, Entergy VY will perform detailed visual inspections of the

torus to confirm that there are no potential leakage paths. The inspections will

look specifically at work that was performed during the outage that may have had

contact with the torus. Entergy VY will consult with the DPS in developing any

new inspection procedures, and any new revisions thereto, for conducting such

visual inspections. During normal plant operations, Entergy VY will perform

daily Operator rounds in accessible areas of the torus to identify any potential

leakage paths.

4. Entergy VY will provide the DPS with the current revision of 1) ENN-DC-334 -

Primary Containment Leakage Rate Testing (Appendix J), and 2) PP 7006 -

Primary Containment Leakage Rate Testing Program, and any future revisions

thereto during the period between the date of this MOU and completion of the

Type A Test in 2010.

2
5. Following the completion of each of the refueling outages currently scheduled for

2007 and 2008, Entergy VY will provide the DPS with a summary of the results

of all primary containment leakage rate tests performed during those outages.

6. All documents agreed to be provided by Entergy VY in accordance with this

MOU will be provided to the DPS offices in Montpelier.

7. Within 7 days after this MOU's execution, the DPS shall file with the Board in

Docket No. 50-271, ASLBP No. 04-832-02-OLA (Operating License

Amendment), a Notice of Withdrawal, in substantially the same form as set forth

in Attachment A, and take all other actions necessary to withdraw from such

proceeding and have its contentions therein dismissed with prejudice. The DPS

further agrees that it will, from time to time, duly execute and deliver any

additional documents and take or cause to be taken such further actions (including

the making of filings) as may be reasonably necessary and appropriate to

implement the DPS withdrawal from such proceeding and the dismissal with

prejudice of its contentions.

8. Nothing in this MOU is intended to prevent the State from fulfilling its

obligations under State law. It is the intent of this MOU that the State is only

agreeing to withdraw, and dismiss it contentions with prejudice, from the current

Board hearing on the extended power uprate.

9. The parties agree that this MOU shall not be construed by any party or tribunal as

having precedential impact on any future proceeding involving the parties, except

as necessary to implement this MOU or to enforce an order of the Board resulting

from this MOU.

3
10 Ihis MOU is governed by Vermont law.

11. Ihe parties have made specific comp ses to reach this Mm of

Undestandig. In the event that the Board does not approve the Notice of

Wihdrwal identified in paragraph 7 of fhis MOU, each party agrees mth the

agreements set forth haein may terminate if either party so determies in its sole

discreton and each party sball have the same rights as it would have had absent

this MOU.

Dated at Montpelier, this 2nd day of May, 2006.

VERMONT DEPARTMENT OF PUBLIC

SERVICE

By:

Name: David O'Brien

Tite: Commissioner of1he Departmnent of

Public Service

ENTERGY NUCLEAR VERMONT YANKEE,

LLC

By: 0

T e: Vice President of Operation and

Duly Authorized Agent

ENTERGY NUCLEAR OPERATIONS, INC.

By: qX

Nat/ Jay K Thayer

E'tle: Vice President of Operation and

Duly Authorized Agent

4
ATTACHMENT A

arx, 2006

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

Before the Atomic Safety and Licensing Board

In the Matter of )

) Docket No. 50-271

ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA

NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

NOTICE OF WITHDRAWAL AND REQUEST FOR DISMISSAL OF

CONTENTIONS OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE

Now Comes the Vermont Department of Public Service (State) by its undersigned

counsel and, for the following reasons, voluntarily withdraws from this proceeding and

requests the dismissal with prejudice of the State's contentions.

1. The State and Applicants Entergy Nuclear Vermont Yankee, LLC and

Entergy Nuclear Operations, Inc. (Entergy) have agreed to a mutually

satisfactory resolution of the issues raised by the State in this proceeding, as

evidenced by the Memorandum of Understanding (MOU) attached as

Exhibit A hereto. As explained in more detail in the MOU, the State's

efforts in this proceeding have resulted in substantial and additional attention

being paid by Entergy, the U.S. Nuclear Regulatory Commission (NRC)

Staff and the Advisory Committee on Reactor Safeguards (ACRS) to the

State's concerns about the use of containment overpressure. As a result of

this added attention and analysis, plus additional inspections and other steps

that have been agreed to by Entergy in the MOU, the State is now satisfied

that its concerns have been satisfactorily addressed.

5
2. In July - August 2004, the NRC Staff performed an independent engineering

assessment at Vermont Yankee. As part of the assessment, the State asked

that calculations regarding the adequacy of the emergency cooling pumps be

reviewed. The calculations were reviewed within the scope of the inspection

team's charge and were found acceptable. The State Nuclear Engineer

participated in the inspection.

3. In June 2004, the State asked that the NRC Staff perform independent

calculations to verify the computer-model calculations associated with

containment overpressure credit. The Final Safety Evaluation Report (SER)

issued in March 2006 identifies that NRC performed independent

verification calculations of the critical parts of the containment overpressure

issue, giving the State confidence in the conservatisms claimed by Entergy in

its containment overpressure request.

4. As part of the review of power uprate, the NRC Staff submitted requests for

additional information (RAIs) of Entergy resulting in over forty supplements

to the amendment request. Many of these RAIs were regarding the State's

issue of credit for containment overpressure. The State was able to review

these supplements, as well as follow the NRC Staffs review and thinking on

the issue through the Advisory Committee on Reactor Safeguards (ACRS)

process as well as the Draft and Final SERs. The State is satisfied that the

issue raised in the State's contentions was thoroughly reviewed.

5. The State actively participated in the Advisory Committee on Reactor

Safeguards' review of the generic issue of taking credit for containment

6
overpressure and the site-specific review of the extended power uprate at

Vermont Yankee. The State made four formal presentations to the full

ACRS or the ACRS subcommittee on power uprates on the issue of

containment overpressure, and was present to answer questions by the

Committee and listen to its discussion and Entergy's and the NRC Staffs

presentations on almost all the occasions on which the topic of containment

overpressure credit was discussed. The ACRS, at times, required additional

analysis from Entergy and the NRC Staff to fully review the issue.

Ultimately, the ACRS determined that the overall risk associated with

extended power uprate at Vermont Yankee is small, and that the change in

risk resulting from allowing the requested containment overpressure credit is

also small. The State was satisfied with the level of the review and the time

spent on this issue of import.

NOW, THEREFORE, for the reasons stated herein and in the attached MOU, the

State hereby requests the dismissal with prejudice of its two admitted contentions.

Respectfully submitted,

Sarah Hofmann

Director for Public Advocacy

Department of Public Service

112 State Street - Drawer 20

Montpelier, VT 05602-2601

Anthony Z. Roisman

National Legal Scholars Law Firm

84 East Thetford Rd.

Lyme, NH 03768

Counsel for the Vermont Department

of Public Service

7
UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of ) Docket No. 50-271

ENTERGY NUCLEAR VERMONT

YANKEE LLC AND ENTERGY NUCLEAR

OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

) ASLBP No. 04-832-02-OLA

)

)

CERTIFICATE OF SERVICE

I hereby certify that copies of the Notice of Withdrawal and Request for Dismissal of

Contentions of the Vermont Department of Public Service in the above captioned proceeding has

been served on the following by electronic mail where indicated by an asterisk on this 2"' day of

May, 2006, and will be mailed by deposit in the United States Mail, first class, postage prepaid,

on the 2nd day of May, 2006.

Alex S. Karlin, Chair*

Administrative Judge

Atomic Safety and Licensing Board Panel

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: ask2(&nrc.gov

Lester S. Rubenstein*

Administrative Judge

Atomic Safety and Licensing Board Panel

4270 E. Country Villa Drive

Tuscon, AZ 85718

E-mail: lesrrr(acomcast.net

Dr. Anthony J. Baratta*

Administrative Judge

Atomic Safety and Licensing Board Panel

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: aib5(nrc.gov

Office of the Secretary*

ATJN: Rulemaking & Adjudications Staff

Mail Stop: 0-16 Cl

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

E-mail: HEARINGDOCKETanrc.gov

Atomic Safety and Licensing Board

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001

Office of Commission Appellate Adj.

Mail Stop 0-16 Cl

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001
Jay E. Silberg, Esq.*

Matias Travieso-Diaz, Esq.*

Pillsbury Winthrop Shaw Pittman

2300 N St., NW

Washington, DC 20037-1128

iay.silberggpillsburvlaw.com

matias.travieso-diaz(pillsburvlaw.com

douglas.rosinskigpillsburvlaw.com

Anthony Z. Roisman, Esq.*

National Legal Scholars Law Firm

84 East Thetford Rd.

Lyme, NH 03768

aroismananationallegalscholars.com

Raymond Shadis*

New England Coalition

P.O. Box 98

Shadis Road

Edgecomb, ME 04566

shadis(prexar.com

Sherwin Turk, Esq.*

Steven C. Hamrick.*

Robert Weisman, Esq.*

Office of the General Counsel

Mail Stop 0-15 D21

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001

setralnrc.gov

schlra~nrc.gov

rmwQlnrc.gov

John M. Fulton, Esq.*

Assistant General Counsel

Entergy Nuclear Operations, Inc.

440 Hamilton Avenue

White Plains, NY 10601

ifulto 1 Qentergv.com

Sincerely,

Sarah Hofm

Director for Public Advocacy

Vermont Department of Public Service

112 State Street -Drawer 20

Montpelier, VT 05620-2601