ML20210A828

Corp;Consideration of Issuance of Amend to Facility Operating License & Proposed NSHC Determination & Opportunity for Hearing,Petition to Intervene.* W/Certificate of Svc

ML20210A828
Person / Time
Site:	Vermont Yankee
Issue date:	01/29/1987
From:	Mullett D VERMONT, STATE OF
To:	NRC COMMISSION (OCM)
References
CON-#187-2440 OLA, NUDOCS 8702090023
Download: ML20210A828 (7)

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'MNRC BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION 87 FEB -2 P4 :57 NO. 50-271 CFFi '

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VERMONT YANKEE NUCLEAR POWER CORPr CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HA2ARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING PETITION 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 51 FR 47324, and further requests that the Commission invoke the hybrid hearing procedure, as mandated by 10 CFR 2.1101 at agg.* 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.

• Petitioner does not intend by said request to waive any constitutional, statutory, or other legal objection to the hybrid hearing procedures; such objections, if any, will be made in timely fashion prior to any hearing on this matter.

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1 Under the circumstances of this case, where the proposed amendment has a potentially widespread effect on the health, welfare and safety of the people of Vermont, 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 clear 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 health, safety and environmental concerns are not adequately addressed result in a significant increase.in risk to Vermont and its citizens from 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 l effect on Vermont and its citizenry. An increase in the storage capacity of the spent fuel pool, and the subsequent filling of that increased capacity, could create increased risk to the public in the event of an accident involving the

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pool, and may increase the likelihood of such an accident occurring. Nor should it be overlooked that, under 20 V.S.A.

S 1 at ang., Vermont officials are charged with the responsibility of setting forth and effectuating plans to

" prevent, minimize, and repair injury and damage" resulting from radiological incidents (aga 20 V.S.A. S2); any proceeding involving the amount of nuclear waste and the provision for its storage clearly is of concern to the State in this regard. Moreover, allowance of the amendment would in all likelihood impose economic costs upon the State and -

its citizens by increasing the amount of low-level waste which Vermont may be forced to dispose of under the terms of-the Low Level Radioactive Waste Policy Act. Finally, it should be pointed out that the effects and potential effects of these factors are not insignificant, given that the amendment requests an increase in storage capacity of 43.5%.

4 IV. SPECIFIC ASPECTS OF THE SUBJECT MATTER AS TO WHICH PETITIONER WISHES TO INTERVENE.

Petitioner wishes to intervene with respect to the following questions which the proposed amendment raises:

a. Questions pertaining to the necessity of the preparation of an environmental impact statement by I

l the Commission prior to issuance of the proposed 1

amendment; l

l b. Questions concerning whether the proposed license amendment is of the type which Congress intended to l

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4 include among those actions which could be declared by the Commission to pose no significant hazard prior to the time that hearings are held;

c. Questions concerning whether a 1977 stipulation between the parties in Commission Docket No. 50-271 affects the proposed amendment;

d. Questions concerning adverse impacts of the proposed amendment on the State and its citizens in light of the terms of the Low-Level Radioactive Waste Act setting forth State responsibilities for -

the disposal of low-level waste;

e. Questions concerning the extent to which increased-spent fuel storage would exacerbate the effect of a severe accident;

f. Questions concerning the increase in the probability of an accident and opportunity for deliberate acts of malfeasance brought about by increased spent fuel storage and movements in and around the pool of equipment and spent fuel;

g. Questions concerning whether storage expansion presents the possibility of a new accident which has not been evaluated due to the possible dropping of a spent fuel storage rack in or around the storage pool,

h. Questions concerning the possible adverse ef fects on the adequacy of the expanded spent fuel storage due to the inability of the Federal Department of

5 Energy to comply with the waste repository schedule set forth in the Nuclear Waste Policy Act of 1982, and the uncertainty on when and if disposal will be available that results from that inability.

WHEREFORE, having met the applicable tests for intervention, Petitioner prays that it be allowed to intervene in this matter.

THESTATqOFVERMONT By: 1 [ bI )A Da'/id J. 'Mullett '

Special Counsel Department of Public Service Special Assistant Attorney General All pleadings related to this matter shall 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

'87 RB -2 P4 :58 6FFLc 00Cnt . - . . .

No. 50-271 M.'

Vermont Yankee Nuclear Power )

Corp: Consideration of Issuance )

of Amendment to Facility Operating )

License and Proposed No Signifi- )

cant Hazards Consideration )

Determination and Opportunity for )

Hearing )

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 l

Office of the General Counsel-Bethesda l

U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 John A. Ritcher, Esq.

Roper and Gray 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 1

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! DATED at Montpelier, Vermont this 29th day of January,

! 1987.

VERMONE DEPARTMElff OF PUBLIC SERVICE

• /I BY: o/

Ug'vi4 J. Nullett'*

f S~pecial Chunsel I

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