ML20236L805

Answer of State of Vermont to Applicants Petition for Review of ALAB-869.* State of Vermont Urges That Commission Deny Applicant Request for Review of Portion of Aslab Order That Affirmed Admission to Contention 1 in Proceeding

ML20236L805
Person / Time
Site:	Vermont Yankee
Issue date:	11/05/1987
From:	Mullett D VERMONT, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20236L807	List: ML20236L805 ML20236L816
References
CON-#487-4774 ALAB-869, OLA, NUDOCS 8711110071
Download: ML20236L805 (2)

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^JbNHC UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY.. COMMISSION E ' W-6 '. P2 :46 0FFICE OF 5ECndi4py  !

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- 00CXEllNG A SEif VICf' In the Matter of ) BRANCH

,}l VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POhER CORPORATION' ) (Spent. Fuel Pool

.) Amendment j (Vermont Yankee Nuclear <) . October 22, 1987) j Power Station) ) 1

).  !

1 i

AREFER OP-THE STATE OF VERMONT TO APPLICANT'S PETITION FOR REVIEW OF ALAB-869 1 1

The State of Vermont, participating =as an interested .l state pursuant to 10 CFR S .2.715(c), respectfully: urges that the Commission deny the request of the applicant, Vermont Yankee Nuclear Power Corporation, for review of that= portion of the Atomic Safety and Licensing Appeal' Board's order which affirmed the Licensing Board's admission of contention 1 in.

]

this proceeding. As aptly noted by the Appeal' Board in ALAB-669, the Licensing-Board's redrafting of' contention 1

.j was well within its discretion,' particiclarly where the j l

subject matter of the contention was in fact raised by an

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intervenor. See NECNP contention 3. Appl; cant's assertion that the ist,ue could have been litigated in the'1977 spent  !

1 fuel expansion docket is also without merit. Questions j regarding-routine use or the RHR system for spent fuel' j i

cooling purposes were not put at issue by the Commission' I

ctaff's 1977 Safety Evaluation Report or by anything else in-l the 1977 proceedings. See May 26, 1987 of the Atomic Safety ,

and Licensing Board (LBP 87-17) at 16. Moreover, what is at 1

'8711110071 871105 d. c,) ,

PDR ADOCK 05000271 i Q PDR ^V 1

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,s '., c m d, , , P ;q ' $ ' " 104 '

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, s issue'here are concerns overithe use_of:the.RHR. c system to ,

. coo 11a spent fueltpool.containing up_to:'2870' spent fuel 1 -

1 assemblies stoEed'in high density l racks.-lThe.1977 H proceedings, which involved _ expansion:to only 2000' assemblies'  !

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q in racks less tightly spaced, certainly-dia not'giveLanyone'a 1

chance to. explore the extent-and effect'of,using the"RBR 1 system to cool the pool if thefcurrently proposed' amendment Finally, applicant's claim that.the Commission

'l 11s allowed. -

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should grant-review'in order to determine, applicability'of.'

.[

1 the single failure criterion to' spent fuel pools.is s notiwell-

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taken. The definitionLof: systems-subject.:to the-' single 7 .y failure criterion of GDC'44 is'still under. development, L'BP-87-17 at 17,.and such development'can most intelligently 1

and appropriately occur through consideration ~of;these issues.

at the initial, fact-finding type.' stages _of the. hearing-N process.

For these reasons, the applicant's petiti'onlforcreview .

u with respect to contention 1'should be denied'.' l

.I Dated at Montpelier, Vermont this M ,' day.'of November, 1987. '

nespe fully: ,u mitted By:__. k ~

1 Dav; Mu:.le t't Special ' Ass;.stant Attorney General, Special Counsel . . l Vermont Department:of Public Service-120 State Street' 1 ,

Montpelier, VT 05602 (802).828-2811 Counsel for the State.of Vermont wa _ . ---.1 --.---w__wx-am-_