ML20247F322

Memorandum & Order (Dismissing Proceeding).* Grants 890515 Joint Motion to Withdraw Only Contention in Proceeding & to Dismiss Proceeding.W/Certificate of Svc.Served on 890524

ML20247F322
Person / Time
Site:	Vermont Yankee
Issue date:	05/23/1989
From:	Bechhoefer C, Carpenter J, Linenberger G Atomic Safety and Licensing Board Panel
To:	MASSACHUSETTS, COMMONWEALTH OF, NRC OFFICE OF THE GENERAL COUNSEL (OGC), VERMONT YANKEE NUCLEAR POWER CORP., VERMONT, STATE OF
References
CON-#289-8653 88-567-04-OLA, 88-567-4-OLA, LBP-89-13, OLA-2, NUDOCS 8905300050
Download: ML20247F322 (4)

Text

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1TLFE Ti:r U%c LBP-89-13*gg gy 3 p43g UNITED STATBS OF. AMERICA NUCLEAR REGULATORY COMMISSION gI'!u . . iavtu.

.r UChii;li; ATOMIC SAFETY AND LICENSING BOARD l

Before Administrative Judges:

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

In the Matter of Docket No. 50-271-CLA-2 (Testing Requirements for VERMONT YANKEE' NUCLEAR ECCS and SLC Systems)

-POWER CORPORATION (ASLBP No. 88-567-04-OLA)

(Vermont' Yankee Nuclear Power Statien) May 23, 1989 MEMORANDUM AND ORDER (Dismissino Proceedino)

This proceeding concerns a proposal by Vermont Yankee Nuclear Power Corp. (Applicant), dated December 7, 1987, to modify certain of the technical specifications applicable to the Vermont Yankee Nuclear Power Station, a boiling water reactor located in Vernon, Vermont. The proposed changes concern the surveillance and testing requirements applicable to certain equipment on the reactor.

In response to a notice of opportunity for hearing dated January 19, 1988 (53 Fed. Reg. 2114, January 26, 1988), two petitioners (the State of Vermont and the Commonwealth of Massachusetts) filed requests for a hearing 8905300050 890523 PDR ADOCK 05000271 0 PDR V

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4 and petitions to intervene. By Memorandum and Order l'

(Intervention Requests and Prehearing Conference), dated  ;

May 24, 1988 (unpublished), we ruled that the two r

petitioners had standing to intervene and scheduled a

.preheari'ng conference to consider contentions. Following the conference (at.which the opportunity for oral limited appearance statements pursuant to 10 C.F.R. S 2.715(a) was offered), we accepted a single joint contention proffered by i

the two petitioners. We also outlined several substantive matters relevant to that contention which we believed should be addressed on the record of the proceeding. Prehearing Conference Order (Rulings on Contention and Schedules), I i:

dattd July 18, 1988 (unpublished). 3 Following that Order, the parties participated in  ;

extensive discovery. At this time, we are awaiting issuance of ths Staff's Safety Evaluation Report (SER) and 1

Environmental Assessment. By a filing dated May 15, 1989, howevLr, the two Interveners and the Applicant filed a joint I motion to withdraw the contention and to dismiss the 1

proceeding.

We are aware of no reason why we should not grant the l

l. motion. Because of the safety questions which we raised at j the prchearing conference, however, we would appreciate the  ;

Staff's serving on the Board a copy of the SER when issued.

This request is not to be construed as a retention of

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jurisdiction by us over'the proceeding (although we of course have available non-adjudicatory methods for expressing our view on substantive matters, if warranted).

I Based on the foregoing, the joint motion to withdraw the only contention in this proceeding and to dismiss the

-proceeding is hereby aranted and the proceeding is dismissed. This Order is effective immediately. In

.accordance with 10 C.F.R. SS 2.762 and 2.785, this Memorandum and Order may be appealed by any party to the Atomic Safety and Licensing Appeal Board.

IT IS SO-ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD YM N Carpenter A

• D f James H.

ADMINISTRATIVE JUDGE

/ w .6 e M p st"dve A. Lin @ erger, Jr.

ADMINISTRATIVE JUDGE 4 & v Charles Bechhoefer, A airman ADMINISTRATIVE JUDGE l

Bethesda, Maryland j May 23, 1989 1 4

g c

1. ~ ^ UN27ED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION l

In the Matter of I I

VERMONT YANKEE NUCLEAR POWER I Docket No.(s) 50-271-OLA-2 CORPORATION I (Vermont Yankee Nuclear Power i Station) i I

CERTIFICATE OF SERVICE I hereby certify that cooles of the forecoino LB MEMORANDUM & ORDER 5/23/69 have been served upon the followino persons by U.S. mail. first class excsot as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judoe Administrative Judae Charles Bechhoefer. Chairman Sustave A. Linenberoer. Jr.

Atomic Safety and Licensino Board Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washinoton. DC .20555 Washinoton. DC 20555

. Administrative Judoe- Ann P. Hodadon, Esc.

James H. Carpenter Office of the Sensral Counsel Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reaulatory Commission Washincton. DC 20555 Washinoton. DC 20555 R. K. Sad 111. Eso. Searce B. Dean Esc.

Roces & Bray Assistant Attorney Seneral One International Place Office of the Attorney Seneral Boston. MA 02110 One Ashburton Place, 19th Floor l Boston MA 02108 Samuel H. Press. Esc. 1 Boecial Assistant Attorney Seneral  !

Vermont Decartment of Public Service 120 State Street Montpelier. VT 05602 Dated at Rockville. Md. this Offic of the Secretary of the Commission i

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