ML20247Q708

NRC Staff Response to Necnp Request to Set Briefing Schedule.* Request Opposed on Basis That Briefing Would Only Serve to Rehash Arguments Already Addressed at Length.W/ Certificate of Svc

ML20247Q708
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	09/25/1989
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#389-9214 ALAB-919, OLA, NUDOCS 8909290070
Download: ML20247Q708 (7)

Text

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UNITED STATES OF AMERICA Ef!h5D NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION '89 SP 25 P4 :01 In the Matter of 7}

VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POBER CORPORATION (SpentFuelPoolAmendment)

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(Vermont Yankee Nuclear Power ) ~

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NRC STAFF RESPONSE TO NEW ENGLAND l C0ALITION ON NUCLEAR POLLUTION (NECNP) l REQUEST TO SET A BRIEFING SCHEDULE l

Ann P. Hodgdon Counsel for NRC Staff I

I September 25, 1989 l

8909290070 890925 PDR ADOCK 0500 1 o . _ _ . _ _ .

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- UNITED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION BEFORE THE C0lHISSION In the Matter of VERMONT YANKEE NUCLEAR Docket No. 50-271-OLA POWER CORPORATION (SpentFuelPoolAmendment)

(VermontYankeeNuclearPower )

Station)

NRC STAFF RESPONSE TO NEW ENGLAND C0ALITION ON NUCLEAR POLLUTION (NECNP)

REQUEST TO SET A BRIEFING SCHEDULE Ann P. Hodgdon Counsel for NRC Staff September 25, 1989

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! UNITED STATES OF AMERICA L NUCLEAR REGULATORY COMMISSION l

.BEFORE THE COMMISSION In the Matter of VERMONT YANKEE NUCLEAR Docket No. 50-271-OLA POWER CORPORATION (Spent Fuel Pool Amendment)

(Vermont Yankee Nuclear Power Station)

NRC STAFF RESPONSE TO NEW ENGLAND C0ALITION ON NUCLEAR POLLUTION REQUEST T0 SET A BRIEFING SCHEDULE I. INTRODUCTION By an Order dated September 13, 1989, the Commission provided the parties ~to this proceeding an opportunity to comment on New England Coalition on Nuclear Pollution's (NECNP) request to set a briefing schedule in connection with the Appeal Board's certification of ALAB-919 to the Commission. The NRC Staff opposes NECNP's request.

II. DISCUSSION The issue referred to the Commission by the Appeal Board involves the admissibility of a contention proposed by NECNP. In particular, the contention claims that an environmental impact statement is required to consider the risk of a severe reactor accident that assertedly could lead to a self-sustaining zircaloy cladding fire.

As indicated by the Appeal Board in ALAB-919, the issue relating to the admissibility of this contention has been addressed several times by the Licensing Board and has been before the Appeal Board three times.

ALAB-919, at 1-9. In connection with the most recent Appeal Board consideration of this contention, the parties each submitted three s

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L briefs. M In addition, on May 3, 1989, the Appeal Board heard oral l

argument on the Licensing Board's referral of its ruling on the proposed contentions. In the referral to the Appeal Board, the Licensing Board included an Appendix listing thirteen documents relevant to the referral, including briefs of the parties, decisions and other material. LPB-89-6, at Appendix.

In its August 28, 1989 letter, attached to the Commission's September 13, 1989 Order, NECNP does not suggest that any events have occurred since the matter was certified to the Commission by the Appeal Board or that new information is available that would shed light on the issues pending before the Consnission. While NECNP may not be happy with the decision reached by the Appeal Board in ALAB-919, such dissatisfaction does not provide a basis for yet another round of briefing when, as can be seen from the discussion above, the parties have already had ample opportunity both in briefs and oral argument to fully present their positions. Further, briefing at this point would only serve to rehash arguments already addressed at length in the numerous pleadings of record in this proceeding. On the other hand, 1/ The Staff pleadings include: "

NRC Staff's Brief on Reconsideration of Severe Accident Ruling," dated March 8, 1989; "NRC Staff Response to New England Coalition on Nuclear Pollution's Memorandum on NUREG-1353" and "NRC Staff Response to New England Coalition on Nuclear Pollution's Motion for Leave to File Memorandum on NUREG-1353," dated May 25, 1989; and "NRC Staff Response to New England Coalition on Nuclear Pollution's Motion for Leave to File Response to Memorandum Addressing the Significance of Recent Supreme Court Decisions" and "NRC Staff Response to New England Coalition on Nuclear Pollution's Memorandum Addressing the Significance of Recent Supreme Court Decisions," dated June 12, 1989, 9

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. 3-if there are points concerning which the Commission would find clarifi-cation helpful, the Staff would be pleased to further address such points. 2/

III. CONCLUSION Accordingly, the Staff opposes NECNP's request for a briefing schedule.

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%\ c W Ann P. Hodgdon Counsel for NRC Staff Dated at Rockville, Maryland this 25th day of September, 1989.

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- Because the Staff believes that the merits of the admissibility of the proposed contention have been thoroughly argued, the Staff has not addressed arguments in NECNP's August 28, 1989 letter that could be construed as merits arguments.

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UNITED STATES OF AMERICA I (N.U NUCLEAR REGULATORY COMMISSION ,

~89 SEP 25 P4 :01 BEFORE THE COMMISSION

n In the Matter of / <

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

(VermontYankee'NuclearPower )

Station)

CERTIFICATE OF SERVICE I hereby certify that copies of " STAFF RESPONSE TO THE NEW ENGLAND C0ALITION ON NUCLEAR POLLUTION (NRC NECNP) REQUEST TO SET A BRIEFING SCHEDULE"  ;

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 Comission's internal mail system, this 25th day of September,1989:

Dr. W. Reed Johnson, Esq. Christine N. Kohl, Chairman

• 115 Falcon Drive, Colthurst Atomic Safety and Licensing l Charlottesville, VA 22901 Appeal Board U.S. Nuclear Regulatory Commission Howard A. Wilber Esq.* Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Gustave A. Linenberger, Jr.*

U.S. Nuclear Regulatory Comission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Charles Bechhoefer, Esq.* Washington, D.C. 20555 Administrative Judge Atomic Safety and Licensing Board George Dana Bisbee, Esq.

U.S. Nuclear Regulatory Comission Senior Assistant Attorney General Washington, D.C. 20555 Environmental Protection Bureau 25 Capitol Street Dr. James H. Carpenter

• Concord, NH 03301-6397 Administrative Judge Atomic Safety and Licensing Board Diane Curran, Esq, U.S. Nuclear Regulatory Comission Anne Spielberg, Esq.

Washington, D.C. 20555 Harmon, Curran & Tousley 2001 S. Street, N.W.

Washington, D.C. 20009 Atomic Safety and Licensing Board Panel (1)* John Traficonte, Chief U.S. Nuclear Regulatory Comission Nuclear Safety Unit Atomic Safety and Licensing Board Office of the Attorney Generel Washington, D.C. 20555 One Ashburton Place Boston, MA 02108 l

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- George Young, Esq. Docketing and Service Section* l Special Assistant Attorney General Office of.the Secretary (2) i Vermont Depart < of Public Service U.S. Nuclear Regulatory Comission l 120 State Street Washington, D.C. 20555 Montpelier, VT 05602 Adjudicatory File

• R.K; Gad, III, Esq. Atomic Safety and Licensing Board Ropes and Gray U.S. Nuclear Regulatory Commission One International Place Washington, D.C. 20555 ,

Boston, MA' 02110-2624 Fiona Farrell l Atomic Safety and Licensing Appeal Special Assistant Attorney General l Panel (5)* State of Vermont  !

U.S. Nuclear Regulatory Commission Department of Public Works i Washington, D.C. 20555 120 State Street l State Office Building i Montpelier, VT 05602 l.

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Ann F. Hodgdon l Counsel for NRC Staff ,

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