ML20155C234

Joint Motion for NRC Staff,State of VT & Vermont Yankee Nuclear Power Corp to Terminate Proceeding.* State of VT 880225 Petition Should Be Dismissed Since No Contention Submitted & Proceeding Terminated.W/Certificate of Svc

ML20155C234
Person / Time
Site:	Vermont Yankee
Issue date:	06/03/1988
From:	Gad R, Hodgdon A, Mullett D NRC OFFICE OF THE GENERAL COUNSEL (OGC), VERMONT YANKEE NUCLEAR POWER CORP., VERMONT, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6497 88-568-05-OLA, 88-568-5-OLA, OLA-3, NUDOCS 8806140128
Download: ML20155C234 (7)

Text

- _

M7 OctxETED USEC UNITED STATES OF AMERICA gg gi-8 MI:26 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND

.[$'

es LICENSING BOARD'.E.y:

In the Matter of )

Docket No. 50-271-OLA-3 VERMONT YANKEE NUCLEAR (Surveillance Requirements POWER CORPORATION for Logic System Functional Testing)

(Vermont Yankee Nuclear Power ) ASLBP No. 88-568-05-0LA Station) ) June 3, 1988 JOINT MOTION OF NRC STAFF, STATE OF VERMONT AND VEPMONT YANKEE NUCLEAR POWER CORPORATION TO TER'INATE A PROCEEDING I. INTRg!!; TION On January 26, 1988, the Nucir or Regulatory Comission published in the Federal Register a notice of opportunity for prior hearing on a pro-posed amendment to the Vermont Yankee Nuclear Power Station's license to revise surveillance frequency requirements for logic system functional testing and calibration from once every six months to once per operating cycle and to require more detailed testing than required by current Tech-nical Specifications. 53 Fed. Reg. 2115.

On February 25, 1988, the State of Vermont filed a "Petition of the State of Vermont for Leave to Intervene."

II. THE MOTION After extensive discussions between the technical staffs of the State and the NRC that were made possible by the licensing Board's granting of

!!k G

$OO I).so 7

-?-

several time extensions to accommodate settlement negotiations, II the State of Vermont decided to withdraw its request for a hearing. S/ The State informed the Licensing Board of this decision in a notice of with-drawal filed on May 20, 1988.

Cince the State has withdrawn its hearing request without having subnitted a contention, there is nothing pending for resolution by this Licensing Board. Therefore, the parties to the action, the NRC staff, the State of Vermont and the Licensee, move this Board to dismiss the petition to intervene and to terminate the proceeding.

Respe:tfully submitted, M ag =

Ann P. Hodgdon 0

!% e w.

Counsel for NRC Staff G th Y g g*

David J. Mullett, Esq.

Counsel for the State of Vermont i

, [. Ch4d ///

R. K. Gad III .

Counsel for Vermont Yankee Nuclear Power Corporation Dated at Rockville, Maryland l

this 3rd day of June,1988 I

-1/ See Memorandum and Order, March 21,1988; Memorandum and Or-der, March 24, 1988; Memorandum and Order, April 7,1988; Memo-randum and Order, May 6,1988.

~2/ See the attached press release issued by the State of Vermont's De-partment of Public Service, May 19, 1988.

g STATE OF VERMONT DEPAMTMENT OF PUBLIC 5ERVICE I to IT ATE STR EET STATE OFFICE SUILDING MONTPELIER 05408 TEL. Set 8888881 FOR IMMEDIATE RELEASE Public Service Commissioner Gerald R. Tarrant announced today that t!.0 Department of Public Service, after thorough review, has elected not to file formal contentions with the Nuclear Regulatory Commission in a licensing proceeding on a trip system logic testing proposal submitted by Vermont Yankee. At the same time, Commissioner Tarrant also explained that his Department intended to pursue vigorously another license amendment proposed by Vermont Yankee which could eliminate daily testing on certain key safety components whenever there are failures of other safety l l

systems. '

Earlier this year the Department intervened in both matters before the Nuclear Regulatory ommission. Over the past l

four months, the Department has met with the NRC staff and j received additional information. This additional information i supports the logic testing proposal sponsored by Verront Yankee.

1 -

Based on this informatione the Department has concluded that the I j trip system logic testing proposal by Vermont Yankee will not

{ teduce, and may improve, the overall safety of the plant. Phil Paull, nucle 0r engineer for the Department, explained that the l

. - - - --_y , . - . . . -

_ , , - . .--_,~-_,_v . -..,,---m,_-.,_,-. , _,....,..-,_-..,_.___.,,.m-y.. ....-._,,,._m... .-_.

l

\

1 I

='

k 2-Department's decision was based on the specific characteristics of the equipment involved and the specifics of what was being a proposed. According to Paull, numerous technical factors were considered in the State's decision, including: (1) During current testing (conducted while the plant is operating), the system being tested has a decreased capability to respond to a real emergency; (2) The testing itself introduces a new type of failure due to the possibility that the test or the testing personnel may have adversely affected the system while working on the system; and

- (3) The any_ proposed test is more comprehensive and would be performed during a time when the plant is not operating and additional cher;ks on the operability of the safety system could be made prior to plant operations.

Tha proposed logic testing essentially involves the testing of numerous relays within the safety system of the plant.

The logic testing amendment submitted to the NRC by Vermont Yankee would reduce its testing from once every six months to once per

operating cycle. The new testing would be conducted during the refueling outage rather than when the plant is operating.

According t5 paull, a review of the history of the logic system l

involved has shown that the system has operated with a high degree of reliability and that the amendment would not compromise public health and safety. In fact, by conducting the testing during the outage the tests can be expanded while not reducing the safety of l

l the plant's operation.

f. .- - . - - - , . . _ _ - - - _ _ _ _ _ __

l Y3- .

Tarrant also announced that the Department would vigorously continue its efforts to secure a hearing with respect ,i to a second license amendment proposed by Yankee. Vermont Yankee has proposed to eliminate from its license the requirement that testing be performed daily on certain safety components whenever there are failitres of other safety components. According to Paull, the state continues to question the appropriateness of removing these testing requirements. "When there is doubt, the prudent course of action is to go forward and try to s.ecure a full hearing on the matter," said David Mullett, the attorr.ey for the state in these matters. "Massachusetts has also intervened with respect to this amendment, and I cm hopeful that we will be able to formally and fully explore the ramifications of what has been proposed."

Contact person: Phil Paull, 828-2811.

i 1

- j l

)

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-271-OLA-3 YERMONT YANXEE NUCLEAR ) (Surveillance Requirements POWER CORPORATION ) for Logic System Functional

) Testing)

(VermontYankeeNuclearPower ) ASLBP No. 88-568-05-OLA Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of "JOINT MOTION OF NRC STAFF, STATE OF VER-MONT AND VERMONT YANKEE NUCLEAR POWER CORPORATION TO TERMINATE PROCEEDING" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal nail system, this 3rd day of June, 1988:

Helen F. Hoyt, Chairperson Oscar H. Paris Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Was hington, D. C. 20555* ,

W as hin gton , t, . C . 20555* l i

Frederick J. S hon R. X. Gad, III i Atomic Safety and Licensing Board Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Washington, D.C. 20555* Boston, Mass 02110 David J. Mullett, Esq. Atomic Safety and Licensing Board Special Assistant Attorney General U.S. Nuclear Regulatory Commission Vermont Depart, of Public Service Was hin gton , D . C . 20555*  ;

120 State Street l Montpelier, V T 05602 Atomic Safety and Licensing Appeal Docketing and Service Section ,

Board Panel Office of the Secretary l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington , D. C. 20555* Washington , D. C. 20555* 1 l

l

t .

5 2-Jay Gutierrez Adjudicatory File Regional Counsel Atomic Safety and Licensing Board USN R C, Region I Panel Docket 475 Allendale Road U.S. Nuclear Regulatory Commission King of Prussia, P A 19406* Washington, D. C. 20555*

4 qM/ .

Benjamin H. Vogler <

Counsel for N R C Staff L

t 4

1

,--._,c.-w ,,--,,,,,-.,,r-.,-_,~,n,,,.,- , . , , , . , - - - . - - - . , , - ,,,,~e, --, ,- .,m, - - - , .