ML20244C176

Memorandum & Order (Rept of Oral Argument).* Discusses 890322 Oral Argument.Board Denied New England Coalition on Nuclear Pollution Motion to Strike Portion of Applicant Testimony.W/Certificate of Svc.Served on 890413

ML20244C176
Person / Time
Site:	Vermont Yankee
Issue date:	04/13/1989
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), VERMONT YANKEE NUCLEAR POWER CORP., VERMONT, STATE OF
References
CON-#289-8437 87-547-02-LA, 87-547-2-LA, OLA, NUDOCS 8904200080
Download: ML20244C176 (7)

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'89 APR 13 P2 :26 UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSIOS"OCm. .

ATOMIC SAFETY AND LICENSING BOARD

. SERVED APR 1 3 1989 Before Administrative Judges:

Charles Bechhoefer, Chairman Dr. James H. Carpenter Gustave A. Linenberger, Jr.

v In the Matter of )

)

VERMONT YANKEE NUCLEAR 1 Docket No. 50-271-OLA POWER CORPORATION )

) ASLBP No. 87-547-02-LA (Vermont Yankee Nuclear )

Power Station) ) April 13, 1989

)

MEMORANDUM AND ORDER (Report of Oral Ar,ggment)

On March 22, 1989, the Licensing Board conducted an oral argument, as authorized for this proceading by 10 h C.F.R. 9 2.11'13. The argument concerned Conteution 1, l

sponsored by the New England Coalition on Nuclear Pollution l

(NECNP), an intervenor, raising questions as to the  ;

i sufficiency of the proposed spent fuel pool cooling cystem.

Participating in the argument were representatives of the '

Applicant, NECNP, the State of Vermont, an interested State, 1 and the NRC Staff. Following is a synopsis of the matters discussed and the Board's rulings.

1. Motionst The Board first considered two motions to strike affidavits or testimony. For reasons which it explained on the record, the Board denied both NECNP's 9904200000Bjg41373 ADOCK p DR OhDR gA

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2 motion to. strike a portion of the Applicant's testimony (Tr.

394-95) and the Applicant's motion to strike the testimony of the State of Vermont (Tr. 411-12).

2. Settlement of Contentions. In response to a suggestion by the Board that settlement of Contention 1 on certain terms and conditions might be desirable (Tr. 395-97), the parties entered lengthy negotiations. The result  !

was an agreement of the Interveners to withdraw, subject to specified terms and' conditions, not only Contention 1 but. 3 also Environmental Contention 2. Most significant of the  :

i conditions uns.the agreement of the Applicant, as a precondition for storage of additional spent fuel beyond  ;

that for which it is currently licensed, to install an enhanced fuel pool cooling system. The designed system will be submitted to the Staff for approval and the Staff will entertain suggestions or objections from the Interveners and States before approving such a system. A copy of the substantive portions of the settlement agreement is attached hereto. This agreement has been approved by all parties.

including the Commonwealth of Massachusetts (which was not

-represented at the oral argument but is a co-sponsor of Environmental Contention 2).

As set forth at the oral argument, the Board believes that the enhanced cooling system, to be reviewed as described above, removes any question about the sufficiency W --x__.a---a--a--..---.-- - - - . _ _ - - - - -----__-a - - - - - - - - - - -

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, s1 , - of the fuel peol cooling system to accommodate'the increased

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-capacity of:the fuel pool, Land accordingly that the~

settlement' agreement is:in the public interest. We hereby ,

l apr; rove the withdrawal of Contentiort 1 and Environmental s

a Contention 2 on the basis of'this agreement.

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IN 3. Schedules. We established tentative schedules for the submission of af fidavits e.nd testimony on Environmental Centention 3 (alternatives)(Tr. 423-29).

Those affidavits co and testimony'are to be filed 30 days after the later of the following events: (1) the fai)ure of NECNP to file a motion. l to compel further answers to discovery.by the Staff ta .l motion which was filed on March 29, 1989); (2) service of.an order. denying the motion to compel; or.(3) service of additional answers-to interrogatories which we may direct be answered by the Staff. At a later date, we will establish schedules for further filings and oral argument.

IT IS SO ORDEf!ED.

For the Atomic Safet y and Licensing Board i

1.9 % W CTarlesBechhoefer,Chgirman ADMINISTRATIVE JUDGE l

Dated at Bethesda, Maryland this 13th day of April, 1989 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the

? ATOMIC SAFETY AND LICENSING BOARD j l

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In the Matter of ) l

) Docket No. 50-271-OLA 3

v. VERMONT YANKEE NUCLEAR ) (Spent Fuel Pool 6 < POWER CORPORATION ) Expansion) 1 yi: '

) 1 (Vermont Yankee Nuclear . )

Power Station) )

)

STIPULATION l' 1 l .fr )

Pursuant to 10 C.F.R. { 2.753, the parties to this proceeding hereby stipulate and agree as follows:

4 1. New England ' Coalition on Nuclear Pollution, Inc. ("NECNP"), as '

the sole proponent of Contention 1, hereby withdraws Contention 1.

2. Vermont Yankee Nuclear Power Corporation (" Vermont Yanker) hereby agrees that it will.not withdraw ics commitment to design, install and j

, test the Emergency Standby Sub-system enhancement tu its Spent Fuel Pool Cooling System in accordance with the design criteria set forth in its letters to the URC Staff dated 3/2/88 and 6/7/88' and numbered FVY-58-17 and FVY-88-47.

3. The Staff hereby ngrees that, in exercising its s.u-hority to grant or deny the requested uperating license amendment that is the subject of this proceeding insofar as it concerns sgnt fuel cooling, h will do so on the basis of the Spent' Fuel Pool Coeling System as enhanced by the Emergency Staadby Sub-system described in paragraph 2 above and not ca the basis of the existing (cnenhanced) Spent Fuel Pool Cooling System by itself. In particular, the NRC Staff will not approve any OLA granted on the basis of wet pool torage until it has approved, pursuant to paragraph 6 below, the acceptability of the enhanced spent fue pool cooling system.

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4. Vermont Yankee agrees to provide to NECNP, the State of Ver-mont'(" Vermont") and the Commonwealth of Massachusetts (" Massachusetts"),

when prepared, the design documentation for the Emergency Standby Sub-  !

system consisting of the " Approved Engineering Design Change - Package -

-u- < released for construction," including, as appropriate, piping instrumentation N . diagrams (P& ids), one-line electrical didgrams (showing power sources for pumps and valves and instrumentation), piping drawings-(showing three-dimensional depictions of the arrangement of the piping and components in the? system), and design criteria for all structures, systems, and components necessary for operation of the system (collectively hereinafter the " Design i 3 - Package") approximately at the same time as the same are provided by Vermont Yankee to the NRC Staff;  ;

5. The NRCl Staff agrees that it will provide NECNP, Vermont and Mtsachusetts not less than 30 days within which to review and comment upon any aspect of the Design Package before issuing the Supplement described in paragraph 6 below.

6, The NRC Staff will be the final arbiter of the acceptability of the .

spent fuel pool cooling system, and it will publish its ultimate determination in a Supplement to the Safety Evaluation Report.

7. Environmental Coritention 2 (relating to worker exposure) is hereby withdrawn.

8. If any one provision of this agreement fai!s this entire agreement y shall fail.

,, By their undersigned counsel, t

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of I i

VERMONT,YANXEE NUCLEAR POWER I Docket No.(s) 50-271-OLA CORPORATION 1 (Yorment Yankee Nuc1 car Power l Station) l l

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LE MEMORANDUM AND ORDER 4/13 have been served upon the f ollowing persnns by U.S. mail, first class, except as otherwise noted and in acccrdance with the requirements of to CFR Sec. 2.712.

Administrative Judoe Administrative Judge Christine N. Kohl, Chairman Howard O. Wilber Atemic Safety and Licensing Appeal Atomic Safety and Licensino Appeal Board Board U.S. Nuclear Reculatory Commission U.S. Nuclear Regulatory Commisaion Washington, DU 20555 Washing * , DC 20555  !

Administrative Judge Administrative Jude_e Charles Bechheefer, Chairman Gustsve A. Linenberger, Jr.

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washingteri, DC 20555 Usshington, DC 20505 Administrative Judge Administrative Judge James H. Carpenter W. Reed Johnson {

Atomic Safety and Licensing Board AELAB l

U.S. Nuclear Reoulatory Commission liS Falcon Drive. Colthurst l Washington DC 20555 Charlottesville, VA 22901 {

l Ann P. Hodqdon, Esq. I Andrea C. Ferster, Esu. j Of# ice of the General Counsel Harmon, Currar. 6 Tousley I U.S. Nuclear Regulatory Commission 2001 S Street. N.W., Suite 430 i' Washington, DC 20555 Washingto9 DC 20009 1

1 Thomas G. Dignan, Jr., Esa. R. K. 3ad !!!, Escuire Roces & Gray Ropes & Gray l One International Plact One International Place l Boston, MA 02110 Bos+.on, MA 02&to 1 l

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& ,. Docket No.(s)50-371-OLA '

LB MEMORANDUM AND ORDER 4/13 l t

John 'Traficonte Esa. Samuel H. Press, Esq.

Office.of the Attorney General Special Assistant Attorney General One-Ashburton Place, 19th Floor Verment Department of Public Service Boston MA 02108 120 State Street Montoelier, VT 05602 Richard J.' Goddard, Esq. Jay M. Gufferrez, Esc.

U.Si Nuclear Regulatory Commission, U.S. Nuclear Requiatory Commission Region II .

Region I 101 Marietta' Street, Suite 2900 631' Park Avenue Atlanta, GA 30323 King of Prussia, PA 19406 i

Dated at Rockv.ille, Md. this 13 day of April 1989 -

W.. .. .. ................... n Offt of the Secretary of the Commission l

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