[Federal Register: July 13, 1998 (Volume 63, Number 133)]
[Notices]               
[Page 37605-37606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy98-137]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271]

 
Vermont Yankee Nuclear Power Corporation, Vermont Yankee Nuclear 
Power Station; Receipt of Petition for Director's Decision Under 10 CFR 
2.206

    Notice is hereby given that by Petition dated May 27, 1998, Mr. 
Jonathan M. Block, on behalf of the Citizens Awareness Network, Inc. 
(CAN or Petitioner), requested that the U.S. Nuclear Regulatory 
Commission (NRC) take immediate action with regard to the Vermont 
Yankee Nuclear Power Station. The Petitioner requested that the NRC 
take immediate enforcement action by suspending the operating license 
for Vermont Yankee until the entire facility has been subjected to an 
independent safety analysis review similar to the one conducted at the 
Maine Yankee Atomic Power Station. As an alternative, the Petitioner 
requested that the NRC immediately act to modify the operating license 
for the facility by requiring that, before restart (1) Vermont Yankee 
management certify under oath that all backup safety systems and all 
security systems are fully operable, and that all safety systems and 
security systems meet and comply with NRC requirements; (2) Vermont 
Yankee be held to compliance with all of the restart criteria and 
protocols in the NRC Inspection Manual; (3) Vermont Yankee only be 
allowed to resume operations after the NRC has conducted a ``vertical 
slice'' examination of the degree to which the new design-basis 
documents (DBDs) and FSAR accurately describe at least two of the 
primary safety systems for the Vermont Yankee reactor; (4) once 
operation resumes, Vermont Yankee only be allowed to continue operation 
for as long as it adheres to its schedule for coming into compliance 
and completing the DBD and FSAR project; and (5) the NRC holds a public 
hearing before restart to discuss the changes to the torus, Vermont 
Yankee DBD and FSAR projects, and Vermont Yankee's scheduled completion 
of these projects in relation to operational safety.
    As the basis for this request, the Petitioner raised concerns about 
the operation of the Vermont Yankee

[[Page 37606]]

facility, including challenges to the single-failure criterion, 
inadequate safety evaluations, potential overreliance on Yankee Atomic 
Electric Company analyses, an inadequate operational experience review 
program, high potential for other serious safety problems, and lack of 
adequate perimeter security. The Petitioner also attached four 
documents prepared by the Union of Concerned Scientists (UCS). One UCS 
document, dated May 14, 1998, provided a review of Vermont Yankee Daily 
Event Reports (DERs) made over the previous year as requested by CAN. 
DERs are verbal reports made by licensees under 10 CFR 50.72 to the NRC 
and put in written form by the NRC. Another UCS document, dated January 
29, 1998, was addressed to the NRC Region I Senior Allegation 
Coordinator; it discussed a specific concern with NRC Daily Event 
Report 33545 of January 15, 1998, associated with Vermont Yankee water 
hammer on certain systems. The third document, a UCS letter dated May 
5, 1997, to the NRC Chairman and Commissioners, discussed mislocated 
fuel bundle loading errors. The final UCS document attached was titled 
``Potential Nuclear Safety Hazard Reactor Operation with Failed Fuel 
Cladding,'' dated April 2, 1998. By letter dated June 9, 1998, 
Petitioner renewed the request for relief based on the events occurring 
on June 9, 1998, at Vermont Yankee and reported by the licensee in DER 
34366. This event involved the automatic shutdown of the reactor due to 
problems in the feedwater system. The Petitioner states that this event 
indicates a lack of reasonable assurance that safety-related systems at 
Vermont Yankee will perform adequately.
    The request is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The request has been referred to the Director 
of the Office of Nuclear Reactor Regulation. As provided by Section 
2.206, appropriate action will be taken on this petition within a 
reasonable time.
    By letter dated July 6, 1998, the Director denied Petitioner's 
request for immediate action at Vermont Yankee Nuclear Power Station.
    A copy of the petition is available for inspection at the 
Commission's Public Document Room at 2120 L Street, N.W., Washington, 
D.C. 20555-0001 and at the local public document room located at Brooks 
Memorial Library, 224 Main Street, Brattleboro, VT 05301.

    Dated at Rockville, Maryland, this 6th day of July, 1998.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 98-18547 Filed 7-10-98; 8:45 am]
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