ML20245A568

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Affidavit of Fc Sturz & Mb Fairtile of NRC Staff Re Necnp & Commonwealth of Ma Environ Contention 3.* Thompson Testimony Shows No Familiarity W/Design of Spent Fuel Racks at Plant & Does Not Address Severe Accidents.W/Certificate of Svc
ML20245A568
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 06/13/1989
From: Fairtile M, Sturz F
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20245A470 List:
References
OLA, NUDOCS 8906220067
Download: ML20245A568 (6)


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'S June 13, 1989 UNITED' STATES OF. AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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

(Vermont Yankee Nuclear Power

)

Station) l

-l AFFIDAVIT OF FREDERICK C. STURZ AND 1

MORTON B. FAIRTILE OF THE NRC STAFF REGARDING NEW ENGLAND C0ALITION ON NUCLEAR POLLUTION AND THE COMMONWEALTH OF MASSACHUSETTS' ENVIRONMENTAL CONTENTION 3 d

The NRC staff has reviewed the "Testtiony of Gordon Thompson" (ThompsonTestimony)andrespondsasfolicws:

The testimony presents a generic analysis of severe accidents in spent fuel pools. Because severe accidents are outside the scope of Environmental Contention 3 the Staff will not rebutt the technical l

J statements of Mr. Thompson. Mr. Thompson's testimony shows no familiarity with the design of the spent fuel racks at the Vermont Yankee Nuclear

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Power Station, and furthermore, no connection has been made between severe accidents and the design and construction of the Vermont Yankee racks.

i Thompson Testimony, Part IV, at 4-5.

Mr. Thompson has not addressed l

the probability of severe accidents in his testimony. Nor has Mr.

Thompson identified a probable event that could initiate a severe accident.

1 8906220067 890613 PDRs ADOCK 05000271' T_i PDR.

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Mr. Thompson expresses his opinion that " cask technology is relatively simple" and that there is "no fundamental reason" for the delay of several years which is required to design, license-and construct an on-site dry cask storage facility. Thompson Testimony at 10. No technical support is provided for this statement; the testimony is devoid.

of a technical discussion of dry cask storage, its costs, its benefits, or -

j its consequences. The Staff has provided estimates for-the time needed to design, ifcense, and construct a dry cask storage facility on the basis of

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its past licensing experience. " Affidavit of Frederick C. Sturz of the

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NRC Staff Regarding NECNP's Environmental Contention 3" (Sturz Affidavit) l dated May 26, 1989, at 11 27, 28; see also " Sworn Testimony of Donald A. Reid, Michael J. Marian, RudolpIM. Grube, John M. Buchheit, Richard P. Pizzuti, andPeterS.Littlefield,"(LicenseeTestimony)at10-12.

The Nuclear Regulatory Commission staff has reviewed the testimony submitted by Vermont Yankee Power Corporation. The Staff's comments on l

the Licensee Testimony are provided below.

The Staff concurs with the facts and data set forth in the Licensee Testimony as indicated below. The Staff concurs with Part III, Vermont Yankee Experience / Decision Process without reservations.

The Staff concurs in general with Part IV, Factors Affecting i

Schedular Availability with the following clarifications.

In Section C Vermont Yankee states that the time necessary to process an independent spent fuel storage installation (ISFSI) and issue a license would be 1 1/2 to 31/2 years. Licensee Testimony at 11-12. The Staff has previously stated that the time required to license an ISFSI is 1 to 1 1/2 years.

1 Sturz Affidavit at 1 28. The Licensee's estimate of the time to design, i

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. 9 license, cor.struct, and implement a dry storage facility is between four to six years. Licensee Testimony at 12. The Staff notes that these steps in the process will overlap and that six years is a reasonable estimate.

l The LicensIe states that the Staff has not completed any safety _

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1 evaluations for topical safety analysis reports (TSARS) for dry storage of boilingwaterreactor(BWR) fuel. Licensee Testimony at 11-13. The NRC i

staff has completed safety evaluations for TSARS for dry stcrage of BWR fuel. "NRC Staff Response to NECNP's Third Set of Interrogatories and Request for Production of Documents to the NRC Staff on the Staff's Environmental Assessment and Finding of No Significant Impact-Spent Fuel Expansion," dated March 14,,1989 at 11-13. The first was on May 15, 1985 for General Nuclear Systeins, Inc. Castor Ic Topical Report.

Id. The safety evaluation (SER) was completed and a letter of approval was issued.

Id. However, the cask vendor did not resubmit an updated TSAR to bring it j

into compliance with the Staff's SER.

Id. The future availability of this cask is uncertain. The second SER issued for dry storage of BWR fuel was on March 22, 1988 for FWEnergy Applications, Inc. Modular Vault Dry l

Storage Topical Report. The subject of the SER was a vault design, not a t

dry cask storage design. The Staff concludes that no storage casks for-j BWR fuel currently have active NRC approval.

See Sturz Affidavit. at 11.

The Staff concurs in Part V, Incremental Environmental Comparison with minor reservations. Section A refers to commitments between the j

1 State of Vermont and Vermont Yankee Nuclear Power Corporation which are not the concern of the NRC and the Staff expresses no opinion on these issues. Licensee Testimony at 12-13. Regarding Section C the Staff emphasizes that the environmental impacts of both wet and dry storage are i

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1 insignificant' and that any er.vironmental advantage reracking might have over dry cask storage is very'small. See Licensee Testimony at 17.'

The Staff concurs with Part-IV, Comparative Economic Costs.'

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. fredef1CK C. Sturz Senior. Project Ma r for The Fuel Cycle Safety Branch B %<h}/

Morton B. Fairtile

. Project Manager for The-Vermont Yankee Nuclear Power Plant Subscribed and Sworn to before me this /.sTdayof' June,1989.

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@0tary Public My comission expires:

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UNITED STATES OF AMERICA IN4 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 89 JUN 14 P In the Matter of cn u cocnti

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",M VERMONT YANKEE NUCLEAR Docket No. 50-271-OLA N POWER CORPORATION (Spent Fuel Pool Amendment)

(Vermont Yankee Nuclear Power

)

Station)

CERTIFICATE OF SERVICE I hereby certify that copies of " AFFIDAVIT OF FREDERICK C. STURZ AND l

MORTON B. FAIRTILE OF THE NRC STAFF REGARDING NEW ENGLAND C0ALITION ON NUCLEAR POLLUTION AND THE COMMONWEALTH OF MASSACHUSETTS' ENVIRONMENTAL CONTENTION 3" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this #3Nay of June,1989:

E Charles Bechhoefer, Esq.*

Gustave A. Linenberger, Jr.*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Dr. James H. Carpenter

  • George Dana Bisbee, Esq.

Administrative Judge Senior Assistant Attorney General Atomic Safety and Licensing Board Environmental Protection Bureau U.S. Nuclear Regulatory Commission 25 Capitol Street Washington, D.C.

20555 Concord, NH 03301-6397 Atomic Safety and Licensing Board Andrea C. Ferster, Esq.

Panel (1)*

Harmon, Curran & Tousley U.S. Nuclear Regulatory Commission 2001 S Street, N.W.

Washington, D.C.

20555*

Washington, DC 20009 George Young, Esq.

John Traficonte, Chief Special Assistant Attorney General Nuclear Safety Unit Vermont Depart, of Public Service Office of the Attorney General 120 State Street One Ashburton Place Montpelier, VT 05602 Boston, MA 02108 R.K. Gad, III, Esq.

Jay Gutierrez, Esq.*

Ropes and Gray Regional Counsel One International Place USNRC, Region I Boston, MA 02110-2624 475 Allendale Road King of Prussia, PA 19406

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Atomic Safety and Licensing Appeal'

. Docketing and Service Section*

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Panel (5)*

. Office of.the Secretary.

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U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission.

Washington, D.C.

20555 Washington, D.C.-.20555-Adjudicatory File *'

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission.'

Washington,.D.C.20555

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Patricia A. Jehle

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Counsel for NRC Staff 1

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