Vermont Department of Public Service Advocates for a Thorough review of Vermont Yankee Nuke Plant

February 08, 2008 -- Montpelier, Vermont – Today Vermont DPS Director of Public Advocacy Sarah Hofmann attended a meeting of the Advisory Committee on Reactor Safeguards (ACRS) in Washington, DC. The ACRS is an independent review committee of the Nuclear Regulatory Commission (NRC) made up of scientists with expertise in the area of reactor safety. In the past, the ACRS has provided guidance on Entergy’s requests for a 20 increase in output at Vermont Yankee. In relicensing cases, ACRS approval is required.

In October of 2007, the NRC’s Office of the Inspector General (OIG) asserted that they had concerns regarding procedural issues surrounding relicensing reviews of nuclear plants. Specifically, the OIG report highlighted the need for improved individualized analysis of facilities applying for relicensing, instead of the existing “cut and paste” approach. It should be noted that while Vermont Yankee was included in the report, the OIG report indicated that there were no concerns about the Vermont plant’s status in the review process.

Article continues below...

In January of 2008, the DPS submitted a filing and a letter to different divisions of the NRC, asking for a postponement of the review process. Commissioner David O’Brien wrote, “Our request for postponement stems from the fact that there are still Requests for Additional Information awaiting answers from Entergy Nuclear Operations, Inc. Once those answers are received, Vermont assumes that the NRC staff will have to analyze the responses and incorporate them into the final Safety Evaluation Report. This would mean that the SER isn’t available for review by ACRS members or the public until close to the date of your February meeting. Vermont wants the ACRS to have ample time to review the SER before doing its final review of the license application”.

Today, Ms. Hofmann amplified the department’s position, asking that the ACRS, “…not rush to judgment…” in their review of the application for license renewal. Said Hofmann, “The information that Entergy just provided is critical to the review process, and we believe should be carefully considered”.

The ACRS agreed with the DPS request, and will take into consideration the recent information from Entergy. In the meantime, DPS staff will review the newest Entergy submittals and comment as necessary. A decision from the ACRS could be rendered as soon as the March 2008 meeting.

Concurrently, DPS is regularly interacting with the NRC, the Legislature, and other state agencies on the following actions pertaining to the possible relicensure of Vermont Yankee:

• Safety review – DPS continues to provide information and expertise to the Vermont Legislature and Congressional delegation as to the scope of an independent safety review of Vermont Yankee. Events from the summer of 2007 created concerns and eroded confidence in the plant.

• Reorganization – Entergy has proposed a re-organization of their nuclear business including Vermont Yankee. DPS will advocate before the NRC and the Public Service Board to ensure Vermont’s interests are met.

• Relicensure – Although the NRC and ACRS are reviewing the application for license renewal and supporting information from Entergy, DPS will be independently reviewing petition as well.

• Decommissioning Fund – The DPS staff will be working with consultants and the State Auditor to verify the current and long-term integrity of the decommissioning fund to ensure that Entergy can meet their obligations for plant deactivation.

• Act 160 Studies – DPS continues to work with the Legislature, consultants, stakeholders and other state agencies to study the impacts of the continued operation or closure of the Vermont Yankee facility.

MORE ON THE ACRS:

The Advisory Committee on Reactor Safeguards (ACRS) is statutorily mandated by the Atomic Energy Act of 1954, as amended. The Committee has three primary purposes:

• to review and report on safety studies and reactor facility license and license renewal applications;

• to advise the Commission on the hazards of proposed and existing reactor facilities and the adequacy of proposed reactor safety standards; and

• to initiate reviews of specific generic matters or nuclear facility safety-related items.

The ACRS is independent of the NRC staff and reports directly to the Commission, which appoints its members. The operational practices of the ACRS are governed by the provisions of the Federal Advisory Committee Act (FACA). Advisory committees are structured to provide a forum where experts representing many technical perspectives can provide independent advice that is factored into the Commission’s decision-making process. Most Committee meetings are open to the public and any member of the public may request an opportunity to make an oral statement during the committee meeting.

Source: Vermont Department of Public Service