ML20245E084

Memorandum (Telcon of 890419).* Discusses 890419 Telcon Re Environ Contention 3.Affidavits Should Be Filed by 890523 & Responsive Affidavits by 890609.Oral Argument Scheduled for 890621.W/Certificate of Svc.Served on 890421

ML20245E084
Person / Time
Site:	Vermont Yankee
Issue date:	04/21/1989
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-#289-8489 87-547-02-LA, 87-547-2-LA, OLA, NUDOCS 8905020012
Download: ML20245E084 (6)

Text

_ _ _ - . - _ _ _ -

,+

l$Y89

@li:p3

'89 APR 21 A11 :28

.:m n . -4, 00CKli m a 'i M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND. LICENSING BOARD OS Before Administrative Judges:

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

In the Matter of Docket No. 50-271-OLA VERMONT YANKEE' NUCLEAR (Spent Fuel Pool

, POWER CORPORATION Amendment)

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

April 21, 1989 MEMORANDUM (Telenhone Conference of 4/19/89)

On Apri.1 19, 1989, the Licensing Board conducted a telephone conference call concerning the oral argument on Environmental Contentic.n 3, which raises questions with respect to the evaluation in the Staff's Environmental Assessment of the availability and acceptability of dry cask storage as an alternative to the proposed expansion in spent fuel pool storage capacity. Participating in the call were the Board (Judges Bechhoefer and Linenberger, with Judge Carpenter absent), Robert Gad, Esq. (for the Applicant),

8905020012 89042121 4  :;

PDR ADOCK O a

3so>

f ,,

l '

Diane Curran, Esq. (for NECNP), Mr. William Sherman (during i

most of the call, for the State of Vermont), John Traficonte, Esq. (for the Commonwealth of Massachusetts),

and Patricia Jehle, Esq. and Mr. Morton Fairtile (for the NRC Staff). The representative of the State of New Hampshire had previously indicated that he did not wish to participate in the conference call.

1. Based on the filing by the NRC Staff on April 14, 1989, of responses to certain of NECNP's interrogatories, and in accord with the schedule guideline established earlier (see Memorandum and Order (Report of Oral Argument),

dated April 13, 1989, at 3, and Tr. 426-27), the Board proposed the following schedule:

Filjng of affidavits: Tuesday, May 23, 1989 Filing of responsive affidavits: Friday, June 9, 1989 Oral argument: Wednesday, June 21, 1989 (continuing on June 22 and 23, as necessary)

Filing of the basic affidavits on May 23 is to be by express mail (or hand delivery, as desired). All parties agreed to this scheduie, and the Board formally adopted it. The oral argument will be held in Brattleboro, Vermont, in the same courtroom as that in which the oral argument on Contention 1 was held.

1

2. Stemming from its examination of discovery material l submitted thus far, the Board discussed with the parties the l l

possibility of the existence of significant factual l

. .-___ ___ - _-___ _ _ _ _ _ - _ - _ - _ - _ _ _ - _ - _ _ - _ - _ _ _ - - _ _ _ = _ _ _ _ _ - _ _ _ _ _ - _ - _ - _ - _ _ - _ _ _ _ - _ - _ - _ - _ _ _ _ _ _ _ _ _ _

g .,

questions that could not be resolved without a hearing.

Clearly this matter could not be finally determined until after the: initial submission of affidavits.- In an effort to conserve time and resources, the Board discussed with the parties the potential of holding any necessary evidentiary hearing on such matters immediately following the oral argument (with the Board preliminarily identifying any significant factual issues shortly after its receipt of the initial affidavits). For varying reasons, none of the parties supported this approach; and the Board decided not to adopt i t'.

The Board indicated that, as with Contention 1, it might take testimony on " minor matters" following the oral argument. The Board would pose questions on these " minor matters", and the witnesses who addressed these " minor matters" would.be subject to cross-examination. The Board would follow this approach only if other significant.

questions calling for an evidentiary hearing did not exist.

If an evidentiary heering were otherwise required, the

" minor matters" would be resolved in that context. Only the Staff offered any objections to this approach, its objection being founded on the Board's intent to permit cross-examination. Given the intent of Subpart K to save time and resources, the Board advised the parties that this procedure would be followed.

l

.. t y

3. 'Ms. Curran advised the Board that hereafter she would be' representing NECNP-(in lieu of Andrea Ferster, Esq.) and that all service lists should be revised accordingly.

FOR THE ATOMIC. SAFETY AND-LICENSING BOARD J_t!/M l AA n}

~

CYa'rles Bectih'oefer, % airman ADMINISTRATIVE JUDGF April 21, 1989 Bethesda, Maryland

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

i VERMONT YANKEE NUCLEAR POWER  ! Dociet No.(s) 50-271-OLA l_ CORPORATION  !

(Vermont Yankee Nuclear Power i Station) l I

CERTIFICATE OF SERVICE I hereby certify that copies of the forecoino LB MEMO (TELECON OF 4/19/89) have been served upon the followino persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judoe Administrative Judoe Christine N. Kohl, Chairman Howard A. Wilber Atomic Safety and Licensino Appeal Atomic Safety and Licensing Appeal  ;

Board Board U.S. Nuclear Reculatory Commission U.S. Nuclear Raoulatory Commission k tshinoton. DC 20555 Washincton DC 20555 Administrative Judge Administrative Judoe.

Charles Bechhoefer. Chairman Gustave A. Linenberger, Jr.

Atomic Safety and Licensino Board Atomic Safety and Licensino Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington. DC 20555 Washington. DC 20555 i i

Administrative Judge Administrative Judoe James H. Caroenter W. Reed Johnscn 4 Atomic Safety and Licensino Board ASLAB U.S. Nuclear Reculatory Commission 115 Falcon Drive. Colthure -

Washincton DC 20555 Charlottesville, VA 22901 i i

Ann P. Hodadon. Esq. Andrea C. Ferster. Esc.

Office.of the General Counsel Harnion. Curran & Tousley U.S. Nuclear Regulatory Commission 2001 S Street, N.W., Guite 430 Washington. DC 20555 Washington. DC 20009 Thomas G. Dianan, Jr., Esc. R. K. Gad Ill, Escuire Ropes & Gray Ropes & Gray One International Place One International Place Boston, MA 02110 Boston. MA 02110 l

i

Docket No.(s)S0-271-OLA LB MEMO (TELECON OF 4/19/89) l 1

John Traficonte. Esc. Samuel H. Press, Esc.

Office of the Attorney General Special Assistant Attorney General j One Ashburton Place. 19th Floor Vermont Department of Public Service '

Boston. MA 02108 120 State Street Montpelier, VT 05602 1

l Richard J. Goddard. Esc. Jay M. Gutierrez. Esc.

I U.S. Nuclear Reculatory Commission. U.S. Nuclear Reculatory Commission l Recion II Region ! I 101 Marietta Street. Suite 2900 631 Park Avenue Atlanta, GA 30323 King of Prussia. PA 19406 Dated at Rockville. Md. this 21 day of April 1989 Office of the Secretary of the Commission-1

)