ML20082G896

Memorandum of State of Vermont Concerning Withdrawal of Contention.* Contentions Re Maint & Proferred late-filed Contention Re Qa.W/Certificate of Svc

ML20082G896
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	08/09/1991
From:	Volz J VERMONT, STATE OF
To:
References
CON-#391-12111 OLA-4, NUDOCS 9108210220
Download: ML20082G896 (4)

Text

- _ _ _ _ - _ _ _ .

r

[--

• b

/ 2-///

r.

( UNITED STATES OF AMERICA ,"'_ (j '

NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD gj gp j 2 P 4 ;)1

~s-

• In the Matter of )

)

VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA-4 POWER CORPORATION ) (Operating License

) Extension)

(Vermont Yankee Nuclear )

Power Station) )

MEMORANDUM OF THE STATE OF VERMONT CONCERNING THE WITHDRAWAL OF ITS CONTENTION IN THIS MATTER This memorandum is submitted as requested by the Board during a telephonic conference of the Board and the parties on July 31, 1991.

BACKGROUND On October 30, 1989, Vermont supplemented its petition to intervena with nine contentions related to the operating license extension of four years and three months for Vermont Yankee. On January 26, 1990, in its Memorandum and Order, this Board admitted a single contention, supported by fourteen bases:

"The application should be denied because the applicant has failed to demonstrate that there is reasonable assurance that operation of the plant beyond the date for which operation was originally approved will provide adequate protection to the public health and safety due to the absence of a sufficiently effective and comprehensive program to maintain and/or LMEWTHJV.50 9108210220 910B09 to

/

PDR ADOCK 05000 ~1 g/ .

O

7c

L I

determine and replace all components found to have-aged to a-point where they no longer meet the safety standards applicable to this plant and upon which this plant was. originally  !

granted its operating license."

-At 41.

On' July 16, 1990, Vermont filed a motion to admit a late-filed contention in the quality assurance area:

"The application should be denied because the applicant has failed to demonstrate that there is reasonable assurance that operation of the plant beyond the'date for which operation was originally approved will provide adequate protection to the'public health and safety due to the absence of a sufficiently effective and comprehensive program in accordance with 10 C.F.R. Part 50, Appendix B, to assure the quality of safety-related structures, systems and components of the Vermont Yankee plant."

.At 3.

Vermont conducted aggressive discovery to determine the facts related to its contention. In addition, Vermont has remained aware of Vermont Yankee's actions through'its ongoing monitoring of plant activities. Subsequent to ,

proffering both the admitted and late-filed contention, Vermont has observed Vermont Yankee program enhancements and modifications in both the maintenance and quality assurance areas.

As a result of the discovery information and these enhancements and modifications, Vermont concluded it was able to reach settlement with vermont Yankee and withdraw LMEWTHJV.50 2

.: q -

7-both its admitted and late-filed contentions. On July 30, 1991, Vermont filed its withdrawal with the Board.

STATEMENT Vermont does not believe that it is necessary for the Board to continue investigation of either the admitted contention regarding maintenance or the proffered late-filed contention regarding quality assurance. Vermont is satisfied that there is reasonable assurance that both maintenance and quality assurance activities will be acceptable to provide adequate protection of public health and safety in the extended period. For this reason, Vermont has withdrawn both the admitted and proffered contention.

Vermont offers no opinion regarding the Board's authority to investigate the issues of this proceeding should it so desire.

By its attorney,  !

% c 7 James Volz b Department of Public Service 120 State Street Montpelier, VT 05620 (802) 828-2811 Dated: August 9, 1991 LMEVTHJV.50 3 1

9

(

!a . (

I f Docket No. 50-271-OLA-4 (Operating License Extension)

% ficate of Service i

i I, James Volz, here:.'y certify that on August 9, 1991, I made service of the within " Memorandum of the State of Vermont concerning the Withdrawal of its Cor.tention in this Hat.ter" by mailing copies thereof, first class mail, postage prepaid as follows:

l iwbort M. Lato, Esquire Jerry Kline l'i t.rtan Administrative Judga 4? >mic Safety and Licensing Board Atomic Safety and Licensing Board U.S.N.R.C. U.S.N.R.C.

Washington, D.C. 20555 Washington, D.C. 20555 Frederick J. Shon Adjudicatory File A&ninistrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S.h '.C. U.S.N.R.C.

Washington, D.C. 20555 Washinoten, D.C. 20555 Anthony Z. Roisman, Esquire Ann P. Hodgdon, Esquire Cohen, Milstein & Hausteld Patricia A. Jehle, Esquire Suite 600 Eugene Holler, Esquire l 1401 New York Avenue, N.W. U.S.N.R.C.

l Washington, D.C. 20555 Washington, D.C. 205S5 R. K. Gad III Ropes & Gray One International Place l Boston, MA 02110-2624 l

[

/

f hames Volz /

b i

LCSW2.50