ML19350B528
| ML19350B528 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 03/19/1981 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103200745 | |
| Download: ML19350B528 (5) | |
Text
i March 19,1981 UillTED STATES OF A:1 ERICA flUCLEAR REGULATORY COM'4ISSIO:1
.I ^,
BEFORE THE ATOMIC SAFETY AilD LICENSING BOARD t f&{/p. ;
In the Matter of
)
g Eg 1
l MAIriE YA:4KEE AT0'11C POWER C0:1PANY
)
Docket No. 50-309
)
(Spent Fuel)
(Maine Yankee Atomic Power Station) )
D s
=
)y NRC STAFF RESP 0'!SE TO SENSIBLE MAINE POWER'S STATE!iENT OF I'1 TENT TO FILE ADDITI0'lAL SPECIFIC CONTEf4TIONS 1.
INTRODUCTION On October 24, 1979, the U.S. Nuclear Regulatory Commission (NRC) noblished in the Federal Register (44 Fed. Reg. 61273) notice of a proposed amendnent to the facility operating license to increase the Maine Yankee Atomic Power Station's spent fuel storage capacity.
Pursuant to this notice, Sensible Maine Power (" Petitioner") submitted a timely petition for leave to intervene.
Both the License and the NRC Staff I responded that the Petitioner. had satisfied the " interest" and " aspect" requirements of 10 C.F.R. 5 2.714.
The Board concurred with the Licensee and the Staff in its " Notice of f
Special Prehearing Conference," order dated January 4,1980.-
-l / " Answer of the ' Licensee to the Petition for Leave to Intervene of Sensible Maine Power," dated December 7,1979.
-2 / "NRC Staff Response to the Petition for Leave to Intervene Filed by
. Sensible Maine Power," dated December 13, 1979.
3/ At p. 2.
gg g200 N g
. o b
On April 28, 1980, the Petitioner filed its contentions but before the Board was able to convene a special prehearing conference for the purpose of, inter alia, considering the admissibility of Petitioner's contentions, the Licensee modified its earlier amendment proposal.S Accordingly, the
'lRC published in the Federal _ Reaister (46 Fed. Reg. 9315, January 28,1981) a " Supplemental flotice of Proposed Issuance of Amendment to Facility Operating License." This notice provided that any person whose interest "may be affected by the additional proposed modifications (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)" may petition for leave to intervene in accordance with 10 C.F.R. 5 2.714 by February 27,.1981.
Pursuant to this notice the Petitioner submitted on February 27, 1981, a document entitled "Intervenor's Statement of Intent To File Additional Specific Contentions."
II.
DISCUSS 10!l As set forth in the notice,10 C.F.R. 5 2.714 requires a petitioner-to set forth with particularity his interest in the proceeding and how that interest might be affected by the proceeding as well as identify the aspects as to which petitioner wishes to intervene. The Staff believes that the Petitioner 4
_ f "Intervenor's Specific Contentions," dated April 28, 1980.
_5/ On September 29, 1980, the-Licensee filed an application for an amendment which would allow an increase in spent fuel storage at Maine Yankee beyond that proposed in its September 18, 1979 application.
t l t' 1 has satisfied both the " interest" and " aspect" requirements of 10 C.F.R.
@ 2.714.
This is based upon the Petitioner's original petition for leave to intervene, dated November 23, 1979, the Board's Order of January 4, 1980 (which noted satisfaction of these requirements), as well as the instant document which indicates Petitioner's concern with the use of the spent fuel lay-down area for storage of spent fuel and the additional increase of spent. fuel storage capacity of up to 2430 assemblies.
Finally, as set forth in the notice, 10 C.F.R. 5 2.714(b) requires that the Petitioner must' file a supplement to its petition for leave to intervene fifteen days prior to the first prehearing conference scheduled in the pro-ceeding.
This supplement must list the contentions which the Petitioner seeks to litigate with regard to the additional proposed modifications indicatina the
' bases ar.d specificity for each contention-The Petitioner has indicated his intent to comply with this requirement,at page 2.
III.
CONCLUSION For the, foregoing reasons, the NRC Staff believes-that Petitioner
- continues to satisfy the requirements of.10 C.F.R. 6 2.714 pertinent to
,.. - - ~....
e
I " interest" and specification of " aspects of the proceedinc." Accordingly, the Staff believes that the Petitioner has the right to file additional specific contentions in accordance with 10 C.F.R. 5 2.714(b).
F,espectfully subnitted, j,,. a.,/,
'N :<--
Henry J. 'icGurren Counsel for tiRC Staff Dated at Bethesda, Itaryland, this 19th day of *tarch, 1981.
. -. ~_=
i i
t' UNITED STATES OF A11 ERICA NUCLEAR REGULATORY C0"itt!SSION BEFORE THE AT0f TIC SAFETY AND LICENSING BOARD In the 11atter of
)
)
f1AINE YANKEE ATOMIC POWER C0!!PANY )
Docket No. 50-309
)
(Spent Fuel)
(itaine Yankee Atomic Power Station))
i CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SENSIBLE ftAINE POWER'S STATEMENT OF' INTENT TO~ FILE ADDITIONAL SPECIFIC CONTENTIONS" in the above-captioned proceeding have been served on the following by deposit _ in the United States nail, first class or as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission internal mail system, this 19th day of March, 1981:
i-
- Robert M. Lazo, Chairman, Esq.*
John M. R. Paterson Atomic Safety and-Licensing Board Deputy Attorney General U.S. Nuclear Regulatory _ Commission Department of the Attorney General Washington, DC- _20555-State House Augusta, ME 04333 Dr.. Cadet H. Hand, Jr.
- Director, Bodega tiarine Laboratory David Santee itiller
' University of California Counsel for Petitioner 213 florgan Street, N.W.
P.O. Box 247
_.94923 Washington, DC' -20001-Bodega Bay, CA
- Itr. Lustave A. Linenberger*
Atomic-Safety and Licensing
~
Atomic Safety and' Licensing Board Board _ Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
. Washington, DC 20555 Washington, DC 20555 Thomas Dignan, Esq.
Atomic Safety and Licensing Ropes & Gray Appeal Board
- 225 Franklin Street
, U.S. Nuclear Regulatory Commission Boston, MA- 02110-
-Washington, DC 20555 Stanley Tupper
. Docketing and Servic'e'Section*-
' Tupper &.Bradley-
. Office of the Secretary
- 102 Townsend. Avenue U.S. Nuclear Regulatory Commission Boothbay. Harbor, ME
.04538
- Washington, DC' 20555 Y w., _
m lienry J()tcGurren Counsel "for NRC Staff-t T
g e
s---
,r-,
,r m
,w._
y y
w
-