ML19336A560
| ML19336A560 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 10/28/1980 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010300065 | |
| Download: ML19336A560 (10) | |
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10/28/80 UNITED STATES OF AMERICx NUCLEAR REGULATORY COMMISSION BEFORE THE AT0f11C SAFETY AND LICENSING BOARD In the Matter of
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MAINE YANKEE ATOMIC POWER COMPANY
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Docket No. 50-309
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(Spent Fuel)
(Maine Yankee Atomic Power Station) )
NRC STAFF RESPONSE TO MOTION OF SENSIBLE MAINE POWER DATED OCTOBER 8, 1980 I.
Introduction On October 8,1980, Sensible Maine Power (Petitioner) filed a document entitled
" Motion for an Order Requiring Renotice of Significantly Increased and Modified i
Spent Fuel Pool Compaction and Storage Scheme." Petitioner, in essence, is i
requesting that this Board order that notice of Maine Yankee Atomic Power Company's (Licensee) amended proposal of September 29, 1980, be published in the Federal Register. For the reasons set forth below the Staff supports this request and attaches a proposed Federal Register notice.
II.
Discussion On September 18, 1979, the Licensee filed an application for an amendment which would revise provisions in the Technical Specifications to permit expansion of the Maine Yankee Atomic Power Station (the facility) spent fuel storane capacity from 953 to 1545 spent fuel assemblies. This proposed increase in 8010300 06 6 h
storage capacity was to be accomplished through a nodified spent fuel pin storage concept involving the disassembly of spent fuel assemblies and reassembly into consolidated fuel bundles designed to provide a more compact fuel pin array within the existing spent fuel racks. This proposed action was noticed in the Federal Register on October 24, 1979 (44 Fed. Reg. 6,1273). The notice further provided that any person whose interest may be sffected by the proposed amend-ment could submit a petition for leave to intervene in accordance with 10 C.F.R. 92.714. A timely petition for leave to intervene was filed by petitioner.
Furthe r-more, the State of Maine, through its Attorney General, requested the right to participate as an interested State pursuant to 10 C.F.R. 62.715(c). Thereafter, on December 3,1979, this Board was established (44 Fed. Reg. 71490, December 11,1979).
On September 29, 1980, the Licensee filed an application for an amendment which would allow an increase in spent fuel storage at the facility beyond that proposed in the September 18, 1979 application. This new proposal would allow the storage of 2430 spent fuel assemblies using the method of pin consolidation described in the September 18, 1979 application. This increased storage capacity is accomplished by the use of new storage assembly racks with closer assembly spacing than is currently in use in the spent fuel pool. With the new racks the fuel assemblies would be stored on 10.5-inch centers instead of the present storage assemblies on 12-inch centers. As a result of this aspect of the new proposal, the Licensee has furthermore requested nodification of the Technical Scecifications to increase the K effective from equal to or less than 0.9 (the present requirement) to equal to or less than 0.95.
- Finally, the new proposal would allow utilization of a spent fuel rack to occupy the facility's spent fuel cask laydown area for short-term storage.
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In light of these additional proposed modifications, the NRC Staff believes that it is necessary to issue the attached " Supplement Notice of Proposed Issuance of Amendment to Facility Operating License" which would allow further opportunity for individuals to intervene on matters concerning these additional proposed modifications. We further believe that since the Licensee's proposal for increased spent fuel storage capacity at the facility is presently pending before the Board, such notice should be issued by the Board.
See 10 C.F.R. 962.105 and 2.717.
't III.
Conclusion For the foregoing reasons, the Staff supports the Petitioner's request that this Board order that notice of Maine Yankee Atomic Power Company's amended proposal of September 29, 1980, be published in the Federal Register. A proposed Federal Register notice is attached.
Resp [ectfully submitted,
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Hear ['. {McGurrenNl,Nn s
Counsel for NRC Staff I
Dated at Bethesda, Maryland, J
this 28th day of October,1980.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT0!!IC SAFETY AND LICENSING BOARD Robert M. Lazo, Esquire, Chairman Mr. Gustave A. Linenberger, Member Dr. Cadet H. Hand, Jr., Member In the flatter of
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Docket No. 50-309 MAINE YANKEE ATOMIC POWER COMPANY
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(Spent Fuel Pool
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Compaction)
(Maine Yankee Atomic Power Station)
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SUPPLEMENTAL NOTICE OF PROPOSED ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE A Notice of Proposed Issuance of Amendment to Facility Operating License was pub-lished in the FEDERAL REGISTER on October 24, 1979 (44 F.R. 61273) with respect to the application of Maine Yankee Atomic Power Co. (Licensee) for an amendment dated September 18, 1979, which would revise the provisions in the Technicai Specifications to permit expansion of the Maine Yankee Atomic Power Station (the facility) spent fuel storage capacity from 953 to 1545 spent fuel assemblies. As indicated in this FEDERAL REGISTER notice, this increase in storage capacity was to be accomplished through a modified spent fuel pin storage concept involving the disassembly of spent fuel assemblies and reassembly into consolidated fuel bundles designed to provide a more compact fuel pin array within the existing spent fuel racks. The notice added that the amend-ment would not involve an increase in storage locations. On November 23, 1979, pursuant to the notice a petition for leave to intervene was filed by Sensible Maine Power.
Also, on November 28, 1979, the State of Maine, by its Attorney General,
, i notified the Commission of its intention to participate as an interested State,
pursuant to 10 C.F.R. 62.715(c). Thereafter, on December 3,1979, this Atomic Safety and Licensing Board (Board) was established to preside in this pro-ceeding (44 F.R. 71490, December 11,1979).
On September 29, 1980, the Licensee filed an application for an amendment which supplements the application for an amendment of September 18, 1979. The September 18, 1979 application for amendment as supplemented by the application
. for amendment of September 29, 1980, would permit:
(1) the increase of the long-term spent fuel storage capacity of the spent fuel pool fron 953 storage locations to 1500 storage locations which can accommodate 1500 spent fuel assemblies in their as discharged form or 2430 spent fuel assemblies consolidated for spent f uel pin storage as described by the application for amendment dated September 18, 1979, and (2) the utilization of a spent fuel rack to occupy the facility's j
spent fuel cask laydown area for short-term storage, when necessary.
The ircrease in long-term storage capacity would be accomplished by replacement of the existing spent fuel racks in which spent fuel assemblies are stored j
on 12-inch centers with new racks in which spent fuel assemblies and/or spent fuel pin storage containers are stored on 10.5-inch centers. As a result of the proposal to use the new spent fuel storage racks, the Licensee has requested i
modification of the Technical Specifications to increase the K effective from equal to or less than 0.90 to equal to or less than 0.95.
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As a result of the additional proposed modifications, the Atomic Safety and Licensing Board on behalf of the Nuclear Regulatory Comission (Comission) is hereby issuing a Supplemental Notice of Proposed Issuance of Amendment to Facility Operating License for the facility.
By this Supplemental Notice the Commission is affording any person whose interest may be affected by the additional proposed modific stions (the utilization of the new spent fuel storage racks to increase spent fuel storage capacity and the utilization of the fuel cask laydown area for additional temporary storage) the opportunity to participate in this proceeding.
By
,1980, any person whose interest may be affected by these additional modifications and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene in accordance with the provisions of 10 C.F.R. 82.714.
Thor who have previously filed in response to the October 24, 1979 Notice of Proposed Issuance of Amendment need not refile unless they wish to do so.
If they do not refile, their rights to participate will be considered on the basis of their previous filings.
As required by 10 C.F.R. 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Atomic Energy Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding
. i as to which petitioner wishes to intervene. Any person who pursuant to this notice has either filed a petition for leave to intervene or been admitted as a party may amend his petition, without requesting leave of the Board up to 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificiti requirements described i
above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated with regard to the additional prcposed modifications, and the bases for each contention set forth with reasonable specificity. A petitioner who fa^1s to file such a supplement which satisfies these require-ments with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and coss-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comission, United States Nuclear Regulatory
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Comission, Washington, D. C. 20555, Attention: Docketing and Service Branch or may be delivered to the Commission's Public Document Room,1717 H Street,
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N.W., Washington, D. C. by the above date. Where petitions are filed during the last ten (103 days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Coninission by a toll-free telephone call to Western Union at (800) 324-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Robert A. Clark:
(petitioner's name and telephone number); (date petition was mailed); (plant name); and (publication date and page number of this FEDERAL REGISTER notice). A copy of the petition should also be sent to the Executive Legal Director, U.S.
Nuclear Regulatory Commission, Washington, D. C. 20555, and to Thomas G. Dignan, Jr., Esq., and R. K. Gad III, Esq., Ropes & Gray, 225 Franklin Street, Boston, Massachusetts 02110, attorney for the Licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearinc will not be entertained absent a determination by the presiding officer of the Board that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.
That determination will be based upon a balancing of the factors specified in 10 C.F.R. 92.714(a)(i)-(v) and 62.714(d).
j For further details with respect to this action, see the application for amendment dated September 18, 1979, and the supplemental application dated
< September 29, 1980, which are available for public inspection at the Commission'_s i
Public Document Room,1717 H Street, N.W., Washington, D. C. and at the local Public Document Room at the Wiscasset Public Library Association, High Street, Wiscasset, Maine.
v Dated at Bethesda, Maryland, this day of
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FOR THE ATOMIC SAFETY AND LICENSING BOARD Robert M. Lazo, Chairman l
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J, UN1 FED STATES OF AMERICA NUCLEAR REGULATORY CO*C:ISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD _
In tha Mat ter c,f
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1 MAINE YANKEE ATOMIC POWER COMPANY )
Docket No. 50-309
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(Spent Fuel)
(Maine Yanke Atomic Power Station) )
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CERTIFICATE OF SERVICE I
I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION OF SENSIBLE MAINE POWER DATED OCTOBER 8,1980" and " SUPPLEMENTAL NOTICE OF PROPOSED ISSUANCE OF i
AMENDMENT TO FACILITY OPERATING LICENSE" in the above-captioned proceeding have j
been served on the following by deposit in the United States mail, first class, 1
or as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission internal mail system, this 28th day of October,1980:
Robert M. Lazo, Chairman, Esq.*
John M. R. Paterson Atemic Safety and Licensing Board Deputy Attorney General i
U.S. Nuclear Regulatory Commission Departnent of the Attorney General Washington, DC 20555 State House Augusta, ME 04333 Dr. Cadet H. Hand, Jr.
Director, Bodega Marine Laboratory David Santee Miller University of California Counsel for Petitioner P. O. Box 247 213 Morgan Street, N.W.
Bodega Bay, CA 94923 Washington, DC 20001 Mr. Gustave A. Linenberger*
Atomic Safety and Licensing Board Atemic Safety and Licensing Board Panel
- U.S. Nuclear Regualtory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Thomas Dignan, Esq.
Atomic Safety and Licensing Appeal Ropes & Gray Panel (5)*
225 Franklin Street U.S. Nuclear Regulatory Commission Boston, MA 02110 Washington, DC 20555 Stanley Tupper Docketing and Service Section (7)*
Tupper & Bradley Office of the Secretary 102 Tcwnsend Avenue U.S. Nuclear Regulatory Commission Boothbay Harbor, ME 04538 Washington, DC 20555 Of,,'
n_f I (,VK Henr2 J.' McGurren Couns i for NRC Staff
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