ML20150B019

Petition for Leave to Intervene Re Consideration of Issuance of Amend to OL & Opportunity for Prior Hearing.* State of VT Identified Listed Questions Which Proposed Amend Raises. W/Certificate of Svc & Notice of Appearance

ML20150B019
Person / Time
Site:	Vermont Yankee
Issue date:	02/29/1988
From:	Mullett D VERMONT, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20150A973	List: ML20150A970 ML20150A978 ML20150A986 ML20150A998 ML20150B019
References
OLA-2, NUDOCS 8803160131
Download: ML20150B019 (7)

Text

o OC(KCICO BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD E FEB 29 P4 :09 CCkib , ,

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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 2114 (Jan. 26,1988) )

VERMONT YANKEE NUCLEAR POWER CORPf CONSIDERATION OF ISSUANCE OF AMENDMENT TO PACILITY OPERATING LICENSE AND OPPORTUNITY POR PRIOR HEARING PETITION OF THE STATE OF VERMONT POR LEAVE 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 2114 (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 change in the Technical Specifications to eliminate the requirements to test the remaining train (s) of the ECCS and SLC Systems when one train has a component out of service. Any reduction in testing requirements has a 8803160131 080304 gDR ADOCK 05000273 PDR

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 OP 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 af fected by an improvident granting of the requested license amer:dment. Issuance of the license amendment under the circumstances proposed could, if State health, safety and environmental concerns are not adequately 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 ef fect 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, under 20 V.S.A. $ 1 11

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o 3 Egg., Vermont of ficials are charged with the responsibility of setting forth and effectuating plans to "prevent, minimise, '.nd repair injury and damage" resulting f rom radiological incidents (111 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. SPECIFIC ASPECTS OF THE SUBJECT MATTER AS TO WHICH PETITIONER WISHES 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 i reduction in *.esting will in any way compromise the reliability of the safety systems installed t in the Vermont Yankee plant;

b. Questions concerning the extent to which j reliability of operation of the remaining trains ,

of the ECCS and SLC Systems takes on increased i importance during failure of one component or train, and whether the proposed amendment adequately assures that there will not be changes which effect the reliability of the remaining trains and components. j

c. Questions concerning whether the proposed f reduction in testing further reduces the I

o 4 reliability of the safety systems during a period  ;

s when the increasing age of the facility also threatens the' reliability of the safety system components, thereby rendering the proposed i

amendment inconsistent with public safety, WHEREFORE, having met the applicable rests for  ;

intervertion, Petitioner prays that it be allowed to intervene in this matter, and that further hearings be schedu' led in accordance with Commission rules.

l TH STATE OF VE ONT By: 1 (m f f[/07N M lA)' J

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Dadid J. !!ullett' Special Couns el Department of Publ Lc Service Special Assistant Attorney General i

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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Phet j BEFORE THE UNITED STATES NUCLEAR l REGULATORY COMMISSION l ATOMIC SAFETY AND LICENSING BOARD M Fa 29 P4 49 l

-ae-No. 50-271 U'F v v.t0C K E t i% A BRahC-Vermont Yankee Nuclear Power )

Corps Consideration of Issuance )

of Amendment to Facility Operating ) i License and Opportunity for Prior ) ,

Hearing re: Proposed Amendment )  ;

Noticed at 53 FR 2114 (Jan. 26, 1988) )

l NOTICE OF APPEARANCE The undersigned counsel hereby files thin, notice of appearance in this proceeding.

Name: David J. Mullett

] Address: 120 State Street ,

Montpelier, Vermont 05602 Telephone No.: 802-828-2811  :

4 Admissions: State of Illinois State of Missouri State of Vermont 4

U.S. Dist. Ct. for the i Southern District of Illinois t

Party Represented: State of Vermont 1

Respectf lly submitt ,

!i d / (

By:

Da i nmt l1 ,,

' W - ~J r )1 dd ~ J.Ass Special Mulfett (stant Attorney General I Special Counsel i Vermont Department of Public Service -

120 State Street .

Montpelier, Vermont 05602 i (802) 828-2811 l cc: Parties l

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C X *.C i b*

'nec 15 FEB 29 P4 :11 BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION  !

ATOMIC SAFETY AND LICENSING BOARD orre/ .4 t- , . ; .

00 CMC W .:Ch $1. <

5Ra%w No. 50-271 Vermont Yankee Nuclear Power )

Corps Consideration of Issuance )

of Amendment to Facility Operating )

License and Opportunity for Prior )

Proposed Amendment )  !

Hearing re Noticed at 53 FR 2114 (Jan. 26,1988) )  ;

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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 i

! as follows:

l l

Secretary of the Commission U.S. Nuclear Regulatory Commission

! Washington, D.C. 20555 Of fice of the General Counsel-Bethesda U.S. Nuclear Regulatory Commission Washington, D.C. 20555

' John A. Ritcher, Esq.

Roper and Gray a

225 Franklin Street Boston, MA 02110 William Griffin, Esq.

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

P.O. Box 545 Brattleboro, VT 05301

i s 2 9

George B. Dean Assistant Attorney General Ikiclear Safety Unit Department of the Attorney General .

One Ashburton Place Boston, MA 02108 DATED at Montpelier, Vermont thic 25th day of February, 1988.- ,

VERMONT DEPARTMENT OF PUBLIC SERVICE f i BY: A- J o "

D uiB J. Mullety special CoynselI L

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