ML20205R495

Contentions of Commonwealth of Ma.* Contentions Re License Amend Inconsistent W/Protection of Public Health & Safety & NRC Failure to Comply W/Own Regulations Listed.Certificate of Svc Encl

ML20205R495
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	03/30/1987
From:	Dean G MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-2991 OLA, NUDOCS 8704060364
Download: ML20205R495 (4)

Text

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t DOLKETED UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 1g AR1 -2 N0 52 0FFICL F :'at iAH '

) 00CKETihG ^ W"dCI-In the Matter of ) BRANCH

)

Vermont Yankee Nuclear )

Power Corporation ) Docket No. 50-271-OLA

)

(Vermont Yankee Nuclear )

Power Station) )

)

CONTENTIONS OF THE COMMONWEALTH OF MASSACHUSETTS ,

Pursuant to the Board's order of February 27, 1987, the Commonwealth of Massachusetts hereby submits the following contentions in the above-referenced proceeding.

CONTENTION I The Commonwealth contends that the license amendment proposed by Vermont Yankee Nuclear Power Corporation

(" licensee") is inconsistent with the protection of the public health and safety and the environment. In support of this contention, the Commonwealth states that:

BASIS

1. Probalistic risk studies of boiling water reactors indicate that the expected frequency of severe accidents at such reactors is non-negligible.

2. In the event of a severe accident, a significant quantity of hydrogen gas could be generated and such gas could, through containment leakage or failure, be released into the reactor building.

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3.The hydrogen gas which could be released into the reactor building as a result of a severe accident would likely burn or detonate and would thereby generate pressure which would threaten the structural integrity of the containment building.

4. The spent fuel pool of the Vermont Yankee Nuclear Power Station is so located that in the event of a severe accident resulting in hydrogen gas being released into the reactor building, it is possible that either: (a) spent fuel cooling systems will be damaged and rendered inoperable with restricted access to the building preventing their repairs or (b) the structural integrity of the spent fuel pool will be breached.

5. Inadequate cooling of fuel in the spent fuel pool or a breach in the structural integrity of the spent fuel pool can result in a radiological release.

6. Allowance of the proposed license amendment would increase the amount of spent fuel stored in the spent fuel pool and, thereby, increase the magnitude of the possible radiological release that could occur in the event of a severe accident.

CONTENTION II The commonwealth contends that the NRC has failed to comply with its own rules and, as a result, has failed to

F consider alternatives to the proposed action such as the construction of a dry spent fuel storage facility or an in-ground spent fuel pool.

BASIS

1. The basis for contention I is incorporated herein.

2. NRC regulations (10 C.F.R. S51.21) mandate that an environmental assessment be prepared for all licensing and regulatory actions except those which require an environmental impact statement pursuant to 10 C.F.R. S51.20(b) or which are categorically excluded in 51.22(c).

l

3. No environmental assessment has been prepared and the proposed amendment is not an action identified in either 10 l C.F.R. S51.20(b) or S51.22(c).

Respectfully submitted, JAMES M. SHANNON ATTORNEY GENF l l

By: /_ ^-

'Geo rge If. ' D ea n ~

Assistant Attorney General public Protection Bureau One Ashburton place .

Boston, MA 02108 (617) 727-5575 March 30, 1987

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DCLKEILD CERTIFICATE OF SERVICE UDNC 17 Ant -2 N0:52 I, George B. Dean , hereby certify that on March 30, GFFICE 0r TL&tlA"'

1987, I made service of the attached document in accordggy4Tgrf3VICI.4 with the rules of the Commission by mailing a copy thereof postage prepaid to the following:

Charles Bechhoefer, Esq. David J. Mullet, Esq.

Chairman Vermont Department of Public Administrative Judge Service Atomic Safety and Licensing 120 State Street Board Panel Montpelier, VT 05602 .

U.S. Nuclear Regulatory Commission Ellyn R. Weiss, Esq.

Washington, DC 20555 Harmon & Weiss Suite 430 Glen O. Bright, Esq. 2001 S Street, N.W.

Administrative Judge Washington, DC 20009 Atomic Safety and Licensing Board Panel John A. Ritscher, Esq.

U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Washington, DC 20555 Boston, MA 02110 James H. Carpenter, Esq. Ann P. Hodgdon, Esq.

Administrative Judge Office of the General Counsel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Docketing and Service U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission "

Washington, DC 20555 j/'

- ri /G George B.' Dean