ML20206G991

Licensee Response to Contentions of Commonwealth of Ma.* Responds to Commonwealth of Ma Contentions Re Spent Fuel Pool Amend.Certificate of Svc Encl

ML20206G991
Person / Time
Site:	Vermont Yankee
Issue date:	04/09/1987
From:	Dignan T ROPES & GRAY, VERMONT YANKEE NUCLEAR POWER CORP.
To:	Atomic Safety and Licensing Board Panel
References
CON-#287-3084 OLA, NUDOCS 8704150214
Download: ML20206G991 (7)

Text

. . ..

s%6bff

\

DOCKETED -

USNHC Dated: April 9, 1987 57 MW 13 P3:47 UNITED STATES OF AMERICA 0FF!CE F M .. _ m-00CKliit:'.+, p iei' e

NUCLEAR REGULATORY COMMISSION ERANCc-before the ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION ) (Spent Fuel Pool

) Amendment)

(Vermont Yankee Nuclear )

Power Station) )

)

LICENSEE'S RESPONSE TO CONTENTIONS OF THE COMMONWEALTH OF MASSACHUSETTS Vermont Yankee Nuclear Power Corporation (" Vermont Yankee"), the Licensee herein, responds to the " Contentions of the Commonwealth of Massachusetts" as follows:

CONTENTION I l

Massachusetts Contention I reads as follows:

"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."

As stated, the contention is so unspecific as to fail.,

the requirement of " particularity". By simply saying that B704150214 B70409 l I

PDR ADOCK 05000271 '

G PM

])503

t the license amendment is " inconsistent with the protection of the public health and safety and the environment",

Massachusetts leaves us wholly unadvised as to what

~

regulation of the Commission the amendment will allegedly violate. See Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), LBP-82-106, 16 NRC 1649,

, 1656 n.7 (1982); Kansas Gas & Electric Co. (Wolf Creek Generating Station, Unit 1), LBP-84-1, 19 NRC 29, 33 (1984).

It is only the regulations of the Commission which must be i satisfied in order to demonstrate protection of the public health and safety, Maine Yankee Atomic Power Co. (Maine Yankee Atomic Power Station), ALAB-161, 6 AEC 1003 (1973) and absent an allegation that one or more such regulations will be violated, the contention is meaningless as a matter of law.

4 Therefore, if this contention is to survive, it must be by virtue of the allegations in the statement of basis which accompanies it. The first five bases set cut have nothing to do with the proposed license amendment over which this

.! Board has jurisdiction. All are either alleged generic 1

i problems with boiling water reactors in general or the design and location of the spent fuel pool at Vermont Yankee I Nuclear Power Station ("VYNPS"). The design and location of the spent fuel pool at VYNPS was settled back in 1972 when the operating license issued. None of the first five bases 2-l 1

- , , , . , --- , , , , , - - - - - - . - - . , , , - ,,-- ,-,- - r- - , . . - - - - , . - - - - - - . , - - -

\

have any nexus to what is before this Board viz., the reracking of the pool.

The sixth basis alleged is:

"C. 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."

This allegation is relevant only for the purpose of determining whether a significant hazards consideration is involved in issuing the proposed amendment. That is a decision committed solely to the NRC Staff and is reviewable only on its own motion by the Commission; this Board has no jurisdiction with respect to such matters. 10 CFR S 50.58(b)(6), as added 51 Fed. Reg. 7744, 7765 (Mar. 6, 1986); Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-86-12, 24 NRC 1 (1986),

reversed other ground, San Luis Obispo Mothers for Peace v.

NRC, 799 F.2d 1268 (9th Cir. 1986). See also Florida Power and Light Co. (Turkey Point Plant, Units 3 and 4),

LBP-85-36, 22 NRC 590 (1985).

CONTENTION II Massachusetts Contention II reads es follows:

"The Commonwealth contends that the NRC has failed to comply with its own rules and, as a result, has failed to consider alternatives to the proposed action such as the construction of a dry spent fuel

I storage facility or an in-ground spent fuel pool."

The basis of the contention is that no environmental

_. assessment has been prepared by the Staff. This contention, as of now, is apparently a contention that the Board should,

, require the Staff to prepare, at once, an evironmental assessment. This Board has no jurisdiction to direct the Staff in carrying out its independent responsibilities. Carolina Power & Light Co. (Shearon Harris Nuclear Power Plant, Units 1, 2, 3 & 4), CLI-80-12, 11 NRC 514, 516 (1980); New England Power Co. (NEP, Units 1 and 2), LBP-78-9, 7 NRC 271, 279 (1978). Further, a contention to the effect that the Staff is not doing its job raises nothing to be litigated before a Licensing Board.

"An intervenor . . . may not proceed on the basis of allegations that the staff has somehow failed in its performance." Louisiana Power & Light Co. (Waterford Steam Electric Station, Unit 3), ALAB-812, 22 NRC 5, 56 (1985),

quoting Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-728, 17 NRC 777,807, review declined, CLI-83-32, 18 NRC 1309 (1983).

1 4

k 4

i CONCLUSION Both contentions of the Commonwealth should be rejected.

Respectfully submitted, 4

' X

,' F Thom5s C' 41gnan, Jr.

Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Counsel for the Licensee J

t

,e . , , , , . . , , . , , , - - , ,, .- - - - - - - -

COLKETED U5NHC 1R art 13 P3 :47 CERTIFICATE OF SERVICE

~

i OfflCE OT b f.iAl-I, Thomas G. Dignan, Jr. , hereby certify thMEK6h% .6 2PVICf.

April 9, 1987, I made service of the within documenfR69CM ,

depositing copies thereof with Federal Express, prepaid, for delivery to:

Charles Bechhoefer, Esquire, David J. Mullet, Esquire Chairman Vermont Department of Administrative Judge Public Service Atomic Safety and Licensing 120 State Street Board Panel Montpelier, VT 05602 l U.S. Nuclear Regulatory Commission l East West Towers Building j 4350 East West Highway

-! Bethesda, MD 20814 Mr. Glenn O. Bright Ellyn R. Weiss, Esquire Administrative Judge Harmon & Weiss Atomic Safety and Licensing Suite 430 Board Panel 2001 S Street, N.W.

U.S. Nuclear Regulatory Washington, DC 20009 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Mr. James H. Carpenter Carol S. Sneider, Esquire Administrative Judge Assistant Attorney General Atomic Safety and Licensing Environmental Protecti'on Board Panel Division U.S. Nuclear Regulatory Department of the Attorney General Commission One Ashburton Place East West Towers Building Boston, MA 02108 4350 East West Highway Bethesda, MD 20814 Atomic Safety and Licensing Ann P. Hodgdon, Esquire Board Panel Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Bethesda, MD 20814 Bethesda, MD 20814 ,,

l 4

i l

1 Atomic Safety and Licensing Appeal Boa.ed Panel U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway ,

Bethesda, MD- 20814 i

i - #

Thomas G M gnan, Jr.

(

i e

1 i

I

. 1 i

2-1 1

s

,. ---,-..-.e. m, _ . - _

, --w.. _ _ . _ . - . . . ..v.-, ,. , ,,,,s-.m. _-r, -. . . - . - . . _ _ - . -- _ - - - - - - ,-----.-y .m. ,- --- , , , .-----,