ML20011A452
| ML20011A452 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 10/05/1981 |
| From: | Ahrens P, Brown R, Tierney J MAINE, STATE OF |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20011A453 | List: |
| References | |
| ISSUANCES-OLA, NUDOCS 8110130406 | |
| Download: ML20011A452 (2) | |
Text
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J AMEs E. TIERNEY 7
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O ATTORN EY GENERAL v
eaa STATE OF M AINE b
DEPARTMENT OF TiiE ATTORNEY GENERAL G
AUGUSTA MMNE o4333 October 5, 1981 Secretary, U.
S.
Nuclear Regulatory Commission
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v, Washington, D.C.
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9 Attention:
Chief Docketing and Service Branch 2
ocT Re:
Maine Yankee Atomic Power Company v.5 Docket No. 50-309-OLA (Spent Fuel Compactio
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Dear Sir:
I b Please find enclosed herewith the original and two copies of the amended contentions of the State of Maine for filing in the above-referenced proceedings in accordance with the August 24, 1981 Prehearing Conference Order of the Atomic Safety and Licensing Board, as amended by Order of September 15, 1981.
We have changed the format of the amended contentions in an effort to avoid what appeared to be some confusion on the l
part of the Licensing Board and the Licensee with respect to l
the form of our original contentions.
We would like to add a brief explanation of Contention No. 1, however.
This contention j
asserts that the Commission is required to prepare an Environ-mental Impact Statement with regard to the prop
, pent fuel storage methods in accordance with the National
.ronmental Policy Act of 1969 and Commission regulations.
Four reasons, identified as contentions la through ld, are given for Contention No.1 and four separa+.e basis statements are included.
Thus i
contention 1 should be regarded in fact as four contentions, l
each "subcontention" capable of standing on its own:
each sub-D S M contention specifies a reason why an EIS must be filed in this 3
l case.
/ /
l We also draw to the attention of the Licensing Board the regrettable fact that the Licensee has still not filed a completed l
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Es110130406 811005
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U.
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Nuclear Regulatory i
Commission Page Two October 5, 1981 application or a technical justification for the new 10.25 inch spacing proposal first alluded to in Maine Yankee's July 28, 1981 letter to the NRC staff.
In that letter, which was dated the day after the State filed its original contentions, a " complete report" was promised in "about two more weeks. "
We have inquired of Maine Yankee about the availability of the report with the view towards addressing it in the amended contentiens which we file today.
We have been informed several times that the report is in its final stages but not yet available for our review.
The delay in the submission of the report is unfortunate because we will probably be filing still another set of amended contentions once the repcrt is filed.
The NRC staff also appears to be con-cerned and upset at the Licensee's failure to submit its report; a copy of a letter dated September 24 but not received by our office until today, from the NRC Licensing Division to the Licensee, is attached for your information.
We have contacted the attorney for the' Licensee about meeting to make further efforts to reach agreement by all parties on the admissibility of the amended contentions and will promptly inform the Licensing Board about any progress in this regard.
In the event that there is any disagreement by the Board or any party on the admissibility of these amended contentions, we respectfully request the Licensing Board to schedule another Special Prehearing Conference to allow the State an opportunity to make oral argument in response to objections.
e pectfully submitted, l--
o AMES E.
TIERNEY torney G eral "I
R E.
BROWN Deputy Attorney General 49 ' ~
[PHILIPF. wqc AHRENS Assistant Attorney General State House - Station 6 Augusta, Maine 04333 Telephone No.:
(207) 289-3661
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.k UNITED STATES m(
g NUCLEAR REGULATORY COMMISSION
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-c E WASHINGTON, D. C. 20555
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SEP 2 41981 Docket No. 50-309 Mr. Robert H. Groce Senior Engineer - Licensing Maine Yankee Atomic Power Company 1671 Worcester Road t
Framingham, Massachusetts 01701
Reference:
MYAPCo Letter to USNRC, FMY 81-112 dated July 28, 1981
SUBJECT:
MAINE YANKEE FUEL STORAGE MODIFICATION
Dear Mr. Groce:
Our review of your proposed modifications to the Maine Yankee Spent Fuel Storage is in danger of being delayed by failure to receive the information identified in your reference letter.
In your referenced letter, you indicated that you would be. submitting a complete report which would assemble "all the aspects of the spent fuel, storage concepts" and, according to conversations with your staff, update the previously submitted data.
In addition a " design refinament" of a spent fuel rack design utilizing 10.25 inch center to center spacing rather than the previously requested 10.50 inch center to center spacing is to be fully reflected in the pending report.
This final report was to be submitted within two weeks of the date of your referenced letter, (ie. July 12,1981).
In order to continue our review without a detrimer:tal interruption we must have this outstanding information as soon as possible.
In order to plan.
our review it is necessary for you to provide a firm submittal date.
Your respo'nse is needed by October 1, 1981.
Sincerely, Y
obert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing cc:
See next page T/aths G t i_ llc.d3p19)
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Maine Yankee Atomic Power Company cc:
E. W. Thurlow, President Mrs."L. Patricia Doyle, President Maine Yankee Atomic Power Company SAFE POWER FOR MAINE Edison Drive Post Office Box 774 Augusta, Maine 04336 Camden, Maine 04843 Mr.-Donald E. Vandenburgh First Selectman of Wiscasset Vice President - Engineer:ng Municipal Building Yankee Atomic Electric Company U. S. Route 1 20 Turnpike Road Wiscasset, Maine 04578 i Westboro, Massachusetts 01581 Stanley R. Tupper, Esq.
Tupper and Bradley John A. Ritsher, Esquire 102 Townsend Avenue Ropes & Gray 225 Franklin Street Boothbay Harbor, Maine 04538 Boston, Massachusetts 02110 David Santee Miller, Esq.
Mr. Rufus E. Brown 213 Morgan Street, N. W.
Deputy Attorney General Washington, D. C.
20001 State of Maine Augusta, Maine 04330 Mr. Paul Swetland Resident Inspector / Maine Yankee Mr. Nicholas Barth c/o U.S.N.R.C.
Executive Director P. O. Box E Sheepscot Valley Conservation Wiscasset, Maine 04578 Association, Inc.
P. O. Box 125 Mr. Charles B. Brinkman Alan, Maine 04535
. Manager - Washington Nuclear Operations Combustion Engineering Inc.
Wiscassett Public Library Association 4853 Cordell Avenue, Suite A-1
.High Street Bethesda, Maryland 20014 Wiscasset, Maine 04578 Mr. John H. Garrity, Director Mr. Torbet H. Macdonald, Jr.
Nuclear Engineering & Licensing Office of Energy Resources hain: Yankee Atomic Power Company State House Station #53 Edison Drive Augusta, Maine 04333 Augusta, Maine 04336 i
Robert M. Lazo, Esq., Chairman Q
Atomic Safety and Licensing Board U.S. Environmental Protection Agency U.S. Nuclear Regulatory Commission Region I Office Washington, D. C.
20555 ATTN:
EIS COORDINATOR JFK Federal Building Dr. Cadet H. Hand, Jr., Director Boston,Massachgsetts 02203 Bodega Marine Laboratory University of California Bodega Bay, California 94923 Mr. 'Gustave A. Linenberger Atomic Safety and Licensing Board.
State Planning Officer U.S. Nuclear Regclatory Commission Executive Department Washington, D. C.
20555 189 State Street Augusta, Maine 04330
- -.... ~. -.
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CERTIFICATE OF SERVICE The undersigned hereby certifies that on October 5, 1981, he made service of the attached-letter and Amended Contentions of the State of Maine by mailing a copy, postage prepaid to:
Robert M.
Lazo, Chairman Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Cadet H. Hand,'Jr.
Directce, Bodega Marine Laboratory University of California P.O.
Box 247 Bodega Bay, California 94923 Dr. Peter A. Morris Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission Washington, D.C.
20555 Office of the Executive Legal Director U.
S. Nuc# ear Regulatory Commission Washington, D.C.
20555 Henry J. McGurren Staff Counsel U.
S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas G.
Dignan, Jr.
/ R.
K.
Gad, III Ropes and Gray 225 Franklin E reet Boston, Massachusetts 02110 David Santee Miller 213 Morgan Street, N. W.
Washington, D.C.
20001 David Colton-Manheim Box 386, Bedford's Barn i
Gouldsboro, Maine 04607 John H.
Garrity, Director Nuclear Engineering & Licensing Maine Yankee Atomic Power Company Edison Drive 4
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Augusta, Maine 04336 f 6h) '
0U4.5 FHILIB/ AHRENS Assistant Attorney General Stcte House - Station 6 Augusta, Maine 04333 Telephone No.:
(207) 289-3661
.