ML20150A894

Forwards State of VT Petition to Intervene for Appropriate Action in Accordance w/10CFR2.772 (J).Petition Submitted in Response to Fr Notice at 53FR2115 on 880126.Served on 880311

ML20150A894
Person / Time
Site:	Vermont Yankee
Issue date:	03/04/1988
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Cotter B Atomic Safety and Licensing Board Panel
References
CON-#188-5825 OLA-3, NUDOCS 8803160080
Download: ML20150A894 (9)

Text

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'o, UNITED STATES SERVED MAR 111933 s ,/

, NUCLEAR REGULATORY COMMISSION f .$ W ASHIN CTON, D.C. 20555 [;( g [ ,; -

March 4, 1988

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OF FICE OF THE 'E HAR -4 P3 :29 SECRETARY CFCu... n.. .u.

00cKEPw A .i ..v:r.r' BRANCu MEMORANDUM FOR: B. Paul Cotter, Jr.

Chief Administrative Judge Atomic Safety and Licensing Board Panel FROM: Samuel J. Chilk, Secreta'y@O

SUBJECT:

PETITION TO INTERVENE Vermont Yankee (50-271{-SPA- 3 The State of Vermont submitted the attached Petition to Intervene pursuant to a notice published in the Federal Register at 53 FR 2115 on January 26, 1988.

The petition to intervene is being referred to you for appropriate action in accordance with 10 CFR 2.772 (j).

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ST ATE OF VERMONT DEPARTMENT OF PUBLIC SERVICE 120 ST ATE STR EET p $ e.g l- ,, 7 _.

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MONTPELIER 05:02 SFANC-TEL. 00182828tt February 25, 1988 Secretary of the Commission .

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i ATTN: Docketing and Service Branch RE: No. 50-271 Vermont Yankee Nuclear Power Corp: Consideration of Issuance of Amendment to Facility Operating License and Opportunity For Prior Hearing

Dear Secretary:

Enclosed please find for filing the State of Vermont's Petition For Leave to Intervene and Notice of Appearance in the above-styled matter, pursuant to the notice contained at 53 FR 2115 (Jan. 26, 1988).

Very truly yours, I, < ai --.

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David J. Mbliett Special Counsel Vermont Department of Public Service Special Assistant Attorney General kv enclosures ,

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 18 F03 29 P4 Ni{, ,f, ',

No. 50-271 Vermont Yankee Nuclear Power )

Corps Consideration of Issuance )-

of Amendment to Facility Operating )

License and Opportunity for Prior )

Hearing re: Proposed Amendment )

Noticed at 53 FR 2115 (Jan. 26,1988) )

VERMONT YANKEE NUCLEAR POWER CORPr CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR PRIOR HEARING PETITION OF THE STATE OF VERMONT FOR LFAVE TO INTERVENE NOW COMES the State of Vermont, by and through the undersigned counsel, and petitions for leave to intervene in the above-styled cause pursuant to 10 CFR 2.714 and the notice published at 53 FR 2115 (Jan. 26,1988) . In support of said petition it is stated:

I. RIGHT OF PETITIONER TO BE A PARTY.

The proposed license amendment involves the Vermont Yankee Nuclear Power Station located in Vernon, Vermont. The amendment seeks a revision of surveillance frequency requirements for trip system logic testing and calibration from once every six months to once per operating cycle. Such a reduction in testing the plant's safety systems has a

2 potentially significant effect on the health, welfare and safety of the people of Vermont, and the State of Vermont has a clear right to participate in the proceedings.

II. EXTENT OF PETITIONER 'S PROPERTY , FINANCIAL, OR OTHER INTEREST IN THE PROCEEDING.

The State of Vermont has a responsibility to ensure that the health, welfare and safety of the people of Vermont is not compromised or adversely affected by an improvident granting of the requested license amendment. Issuance of the license amendment under the circumstances proposed could, if State het.lth, safety and environmental concerns are not adequatel-( addressed, result in a significant increase in risk to Vermont and its citizens f rom the Vermont Yankee plant.

III. POSSIBLE EFFECT OF ANY ORDER WHICH MAY BE ENTERED IN THE PROCEEDING ON THE PETITIONER'S INTEREST.

As noted, the requested amendment involves a plant which is physically located in Vermont. Any order permitting the requested amendment would have both direct and indirect effect on Vermont and its citizenry. Eliminating the present requirements to test the remaining train (s) of the ECCS and SLC Systems when one train has a component out of service could create increased risk to the public if such a change  ;

would operate to lessen the reliability or availability of  !

the plant's safety systems. Moreover, undet 20 v.s.A. 5 1 gi .

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3 ggg. , Vermont of ficials are charged with the responsibility of setting forth and effectuating plans to "prevent, minimize, and repair injury and damage" resulting from radiological incidents (Egg 20 V.S.A. S2); any proceeding involving potential compromise of Vermont Yankee's safety is thus of significant concern to the State of Verront.

IV. SPECIPIC ASPECTS OF THE SUBJECT MATTER AS TO WHICH PETITIONER WIEHES TO INTERVENE.

At this stage of the proceedings, Vermont has identified the following questions which the proposed amendment raises, and with respect to which Vermont wishes to intervene.

a. Questions concerning whether the proposed reduction in testing will in any way compromise the reliability of the safety systems installed in the Vermont Yankee plant;

b. Questions in to whether Yankee's planned increase in the time between testing (due to a planned increase in the length of the operating cycle) adversely effects the reliability of the safety system components that would be subject to the tests involved in the proposed amendment, thereby adversely effecting public safety,

c. Questions concerning whether the proposed reduction in testing further reduces the reliability of the safety systems during a period

4 when the increasing age of the facility also threatens the reliability of the safety system components, thereby rendering the proposed l

amendment inconsistent with public safety.

WHEREFORE, having met the applicable tests for intervention, Petitioner prays that_it be allowed to intervene in this matter, and that further hearings be scheduled in accordance with Commission rules.

T. E STATE OF RMOITT

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[d dAf/ N DavFd'J. Mullqtt Special Counsel

• Department of'Public Service Special Assistant Attorney General All pleadings related to this matter should be served on:

David J. Mullett Vermont Department of Public Service 120 State Street Montpelier, VT 05602

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD E FEB 29 P4 0F51.: -

00CKE*-w , ,;r No. 50-271 Bont-Vermont Yankee Nuclear Power )

Corps Consideration of Issuance )

of Amendment to Facility Operating )

License and Opportunity for Prior )

Hearing re: Proposed Amendment )

Noticed at 53 FR 2115 (Jan. 26,1988) )

NOTICE _OF APPEARANCE The undersigned counsel hereby files ti.is notice of appearance in this proceeding.

Name: David J. Mullett Address: 120 State Street Montpelier, Vermont 05602 Telephone No.: 802-828-2811 Admissions: State of Illinois State of Missouri State of Vermont U.S. Dist. Ct. for the Southern District of Illinois Party Represented: State of Vermont Respectfully submitped, f slI By:  ! > 3x - i' J I ~

David J. Mullet't i Special Assistant Attorney General Special Couhsel Vermont Department of Public Service 120 State Street Montpelier, Vermont 05602 i (802) 828-2811 cc: Parties

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 18 FB 29 P4 :10 E0cNh.su .; (,,,,2l McNe No. 50-271 Vermont Yankee Nuclear Power )

Corp: Consideration of Issuance )

of Amendment to Facility Operating )

License and Opportunity for Prior )

Hearing re: Proposed Amendment )

Noticed at 53 FR 2115 (Jan. 26, 1988) )

CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Petition to Intervene by causing a true copy hereof to be placed in the United States mail, postage prepaid, addressed as follows:

Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the General Counsel-Bethesda U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John A. Ritcher, Esq.

Roper and Gray 225 Franklin Street Boston, MA 02110 William Griffin, Esq.

Actorney General's Office State of Vermont Montpelier, VT 05602 New England Coalition on Nuclear Pollution, Inc.

P.O. Box 545 Brattleboro, VT 05301

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George B. Dean Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, HA 02108 DATED at Montpelier, Vermont this 25th day of February, 1988.

VERMONT DEPARTMENT OF PUBLIC SERVICE

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" __. / 'A w / ,- gfyy BY: 4 David'J. Mu L1ctt

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