SR5: urging an Independent Safety Assessment for Vermont Yankee.

SR 5 - AS INTRODUCED

2004 SESSION

04-3265

03/01

SENATE RESOLUTION 5

A RESOLUTION urging an Independent Safety Assessment for Vermont Yankee.

SPONSORS: Sen. Below, Dist 5; Sen. Larsen, Dist 15; Sen. Eaton, Dist 10; Sen. Green, Dist 6; Sen. D'Allesandro, Dist 20; Sen. Odell, Dist 8; Sen. Cohen, Dist 24; Sen. Estabrook, Dist 21; Sen. Foster, Dist 13; Sen. Peterson, Dist 11; Sen. O'Hearn, Dist 12; Sen. Kenney, Dist 3

COMMITTEE: [committee]

ANALYSIS

This senate resolution urges an Independent Safety Assessment for Vermont Yankee.

04-3265

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

A RESOLUTION urging an Independent Safety Assessment for Vermont Yankee.

Whereas, Vermont Yankee is a 540 megawatt nuclear generating station located in Vernon, Vermont; and

Whereas, Vermont Yankee began operation in 1972 and is now one of the oldest operating nuclear power stations in the nation; and

Whereas, Vermont Yankee was purchased by Entergy Nuclear in 2002; and

Whereas, Vermont Yankee operates as a merchant generating facility subject to cost pressures imposed by a competitive regional market in New England; and

Whereas, Entergy now proposes to perform an extended power uprate of the facility, increasing reactor power and electric output of Vermont Yankee by 20 percent; and

Whereas, Vermont Yankee is one of 103 operating nuclear power plants in the United States; and

Whereas, only 10 nuclear plants have performed an extended power uprate of 13 percent or more; and

Whereas, only 4 facilities have experience with an extended power uprate that is cumulative to 20 percent; and

Whereas, only one nuclear plant, Clinton Nuclear Power Station in Illinois, which is only ½ the age of Vermont Yankee, has sought a 20 percent power uprate through a single application; and

Whereas, no nuclear plant as old as Vermont Yankee has ever sought such a power increase; and

Whereas, a reactor power uprate of 20 percent is the maximum permitted limit of extended power uprates; and

Whereas, Vermont Yankee does not meet current design criteria and could neither be licensed nor built today; and

Whereas, the Entergy proposal has no precedent; and

Whereas, the Entergy proposal raises major concerns for public safety in light of the facility's age, the limited experience with extended uprates, and the pressures on a new merchant generating facility created by the competitive marketplace in which the facility now operates; and

Whereas, the benefits to the people of New Hampshire and Vermont from such an extended power uprate may be realized if there are no unanticipated negative impacts to safety or reliability encountered after the uprate; and

Whereas, prior to increasing the plant's power output, the approval of regulatory bodies, including the federal Nuclear Regulatory Commission (NRC) and the Vermont Public Service Board, is required; and

Whereas, it is essential that the state and federal regulatory authorities have access to a comprehensive and objective inspection report detailing all aspects of Vermont Yankee's physical condition and operational status before making any regulatory decisions which can have an impact on the safety of Vermont Yankee employees and the residents of the surrounding communities; and

Whereas, the NRC in the past has conducted an Independent Safety Assessment (ISA) as documented in an NRC report issued on October 7, 1996; and

Whereas, such a diagnostic evaluation would provide an in-depth physical examination and diagnostic evaluation of several selected safety-related plant systems; and

Whereas, NRC's standard review for extended power uprates is focused on review of the uprate application and does not include a comprehensive physical examination and diagnosis such as that included in an ISA; and

Whereas, the safety of the Vermont Yankee facility, its employees, and nearby residents is a matter of great concern to the citizens of New Hampshire and Vermont and the New Hampshire general court; now, therefore, be it

Resolved by the Senate:

That the New Hampshire senate urges the NRC to approve only any uprate at the Vermont Yankee nuclear power facility when an ISA, or the equivalent, has been completed at Entergy Nuclear Vermont Yankee which independently:

1. Assesses the conformance of the facility to its design and licensing bases, for operating at both 100 percent and 120 percent of its originally-intended power production level, including appropriate reviews at the plant's site and its corporate offices;

2. Identifies all deviations, exemptions, and/or waivers from (a) regulatory requirements applicable to Vermont Yankee and (b) regulatory requirements applicable to a new nuclear reactor (i.e. today's safety regulations) and verifies that adequate safety margins are retained despite the cumulative effect of such deviations, exemptions, and/or waivers for both the present licensed power level and under the proposed extended power uprate;

3. Assesses the facility's operational safety performance giving risk perspectives where appropriate;

4. Evaluates the effectiveness of licensee self-assessments, corrective actions, and improvement plans; and

5. Determines the root cause or causes of safety-significant findings and draws conclusions on overall performance; and

That the clerk of the senate transmit copies of this resolution to Nils J. Diaz, NRC Chair, and to the chairman and commissioners of the New Hampshire public utilities commission.