ML20237K040

Joint Petition for Review of 870721 Decision of Aslab.* Petition Should Be Granted Due to Issues Raising Important Questions Re Extent of Proper Review by Aslab & Scope of Contentions.Notice of Appearance & Certificate of Svc Encl

ML20237K040
Person / Time
Site:	Vermont Yankee
Issue date:	08/11/1987
From:	Traficonte J, Weiss E HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	NRC COMMISSION (OCM)
References
CON-#387-4217 OLA, NUDOCS 8708190068
Download: ML20237K040 (7)

Text

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rpiip UNITED STATES OF AMERICA 9 min NUCLEAR REGULATORY COMMISSION

'87 AUG 13 P3 :05 Grt 00Un 4

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

) Amendment)

(Vert.tont Yankee Nuclear )

Power Station) )

JOINT PETITION FOR REVIEN OF THE JULY 21, 1987 DECISION OF THE ATOMIC SAFETY AND LICENSING APPEAL BOARD The Commonwealth of Massachusetts and the New England Coalition on Nuclear Pollution (the " Petitioners") petition for Commission review of the decision of the Atomic Safety and Licensing Appeal Board dated July 21, 1987 (ALAB-869) affirming in part and reversing in part the Licensing Board's disposition 1 of several contentions in the Vermont Yankee spent fuel licensing amendment proceeding. The Petitioners each have filed timely motions to reconsider ALAB-869 to the Appeal Board and in light of 10 C.F.R. S 2.786 (4)(iv), file this joint petition to preserve their rights to further review in the event the Appeal Board does not modify its earlier decision.1/

1/ The Petitioners may also desire to supplement thi, Petition in the event the Appeal Board's opinion on the pending motions for reconsideration clarifies the legal issues or raises new legal issues.

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The Appeal Board in ALAB-869 had affirmed with modification the Licensing Board's admission of a contention it'h'ad styled as Contention 1 dealing with the Commission's single' failure criterion. The Appeal Board then proceeded to reverse the lower Board's admission of contentions'it had styled as Contentions 2 and 3.

The Appeal Board erred because it:

1) exceeded its authority pursuant to'10 C.F.R.

S.2.714a in reversing the lower Board's -

L . disposition of' Contentions 2 and 3 after

, . affirming its disposition of Contention 1;

2) found Content' ion 2 barred from litigation as a matter-of law contrary to the rules and regulations of the Commission and the case law arising therefrom; and

3) failed to certify significant issues of law and policy to the Commission.

,. These issues were raised in memoranda submitted to the Appeal Board by the Commission Staff and the Petitioners as well as in the pending motions to reconsider and the supporting memoranda filed by the Petitioners.

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The Commission should grant this petition because the issues involved raise important questions concerning the extent ,

of proper revi'ew by the Appeal Board.under 10 C.F.R. S 2.714a and the scope of litigable contentions'in.a spent fuel pool reracking proceeding.

Respectfully' submitted, i

COMMONWEALTH OF MASSACHUSETTS JAMES M. SHANNON ATTORNEY GENERAL i

By: Y ( CM G orge Dean I ohn Traficonte ssistant Attorneys General Nuclear Safety Unit One Ashburton Place Boston, MA 02108 (617) 727-2265 NEW ENGLAND COALITION ON NUCLEAR POLLUTION By its attorneys, Nkl en Mcd Ellyh p. Wei ss, E s q . ' l/ ~ ' /

Harmoh & Weiss Suite 430 2001 S. Street, N.W.

Washington, D.C. 20009 (202) 328-3500 Dated: August 11, 1987 l

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UNITED STATES OF AMERICA

,Eg AUG 13 P3 :05

._ NUCLEAR REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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VERMONT YANKEE NUCLEAR )

POWER CORPORATION Docket No. 50-271-OLA

) (Spent Fuel Pool

) Amendment)

(Vermont Yankee Nuclear ) August 11, 1987 Power Station) )

)

NOTICE OF APPEARANCE cursuant to 10 CFR S 2.713(b) the undersigned attorney enters his appearance in the above-captioned matter and in connection therewith provides the following information:

Name:

John Traficonte Address: Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-3392 Name and address I

of party: Commonwealth of Massachusetts James M. Shunnon .

j Attorney General i

One Ashburton Place i I

Boston, MA 02108 1 (617) 727-2000 I

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Admissions: Supreme Judicial Court of Massachusetts

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U.S. Court of Appeals for the First Circuit U.S. District Court for the District of Massachusetts

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o n Traficonte L As istant Attorney General N clear Safety Unit Dated: August 11, 1987 i

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_ UNITED STATES OF AMERICA 87 AUG 13 P3 :05  !

NUCLEAR REGULATORY COMMISSION crc-DOCK . 4 .

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In the Matter of )

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VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION )

)

(Vermont Yankee Nuclear )

Power Station) )

)

CERTIFICATE OF SERVICE I, John Traficonte, hereby certify that on August 11, 1987 I made service of the within documents, entitled Joint Petition for Review of the July 21, 1987 Decision of the Atomic Safety and Licensing Appeal Board and Notice of Appearance, by mailing copies thereof, postage prepaid, by first class mail to:

Charles Bechhoefer, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Glenn O. Bright

.tomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

g$ _

y Secretary'of the Commission LAttn: Docketing and: Service Section

-U.S.

Nuclear' Regulatory Commission Washington, D.C. - 20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear-Regulatory Commission

, -Washington, D.C. 20555 Dani'e l; J. : Mullett, Esq.

Vermont' Department of'Public. Service 120 State Street-Montpelier, VTL 05602 Ann Hodgdon, Esq.

Office of the General Counsel Bethesda U.S.. Nuclear Regulatory Commission

. Wa s hing t o n ', D.C. 20555 Diana Sidebotham

.R.F.D. #2 Putney, VT- 05346 Thomas G. Dignan, Esq.

Ropes & Gray ~

225 Franklin. Street

. Boston, MA' 02110 Gary J. Edles Atomic. Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.- 20555

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Geoffrey M. .Huntington, Esq.

Office of the Attorney General Environmental Protectica Agency State House-Annex 25 Capitol Street

_ Concord, NH 03301-6397 A/')/n 9

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oNn~Trafico#te Assistant Attorney General Nuclear Safety Unit (617) 727-1083

-Dated: August 11, 1987.

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