ML042310572
| ML042310572 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/18/2004 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| Byrdsong A | |
| References | |
| 50-271, FOIA/PA-2004-0369, RAS 8345 | |
| Download: ML042310572 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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1 ENTERGY NUCLEAR VERMONT YANKEE L.L.C. )
and ENTERGY NUCLEAR OPERATIONS, INC.
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(Vermont Yankee Nuclear Power Station)
DOCKETED USNRC August 18,2004 (9:OlAM)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF SERVED August 48,2004 Docket No. 50-271 On July 1, 2004, the Nuclear Regulatory Commission (NRC,) published in the Federal Register a notice of opportunity to request a hearing in connection with the pending application for a license amendment submitted by Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc. (Licensees) to increase the maximum authorized power level for operation of the Vermont Yankee Nuclear Power Station (Vermont Yankee). See 69 Fed.
Reg. 39976 (July 1, 2004). The notice specified that any request for a hearing must be filed within sixty days of the date of its publication -- Le. by August 30, 2004 (August 29 falling on a Sun day).
On August 6, 2004, the NRC published notice that said beginning August 9, 2004, the NRC would begin a three-week engineering assessment inspection (engineering inspection) of Vermont Yankee as a pilot program to improve the effectiveness of the Reactor Oversight RAS 8345
2 Process. On the same day, the NRC received a letter from the Governor of the State of Vermont and a letter from Vermonts three members of Congress supporting the Governors request for an extension of the deadline to request a hearing on the Licensees application for a reasonable time beycnd the completion of the engineering inspection to have the findings available before the deadline to request a formal hearing.
Pursuant to my authority under 10.C.F.R. §2.346(b), the request for an extension of time is denied. Hearing requests are to focus on the information submitted by the licensee in its application to the Commission, or otherwise available at the time the petition is to be filed. 10 C.F.R. 2.309(f)(2). An extension of time will not be granted to allow potential participants to review the results of ongoing staff license review-related activities before filing their hearing requests and accompanying contentions. See Baltimore Gas & Elec. Co. (Calvert Cliffs Nuclear Power Plant, Units 1 and 2), LBP-98-26, 48 NRC 232, 242-43 (1 998), affd, CLI-98-25, 48 NRC 325, 350-51 (1 998), pet. for review denied sub nom. National Whistleblower Center v.
NRC, 208 F.3d 256 (D.C. Cir. 2000). If the engineering inspection raises a legitimate question Final Rule, Changes to the Adjudicatory Process, 69 Fed. Reg. 21 82, 2240 (Jan. 14, 2004).
3 about the adequacy of the application, the petitioner is free to posit that issue as a new or amended contention, subject to complying with the late-filing standards...." See id., 48 NRC at 243.'
Dated at Rockville, Maryland this I%#-,, day of August, 2004 For the Commission Annette L. Vietti-Cook Secretary of the Commission Under the NRC's Rules of Practice, "contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer upon a showing that --
available; different than information previously available; and the availability of the subsequent information." 10 CFR 5 2.309(f)(2).
(i) The information upon which the amended contention is based was not previously (ii) The information upon which the amended or new contention is based is materially (iii) The amended or new contention has been submitted in a timely fashion based on
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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)
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ENTERGY NUCLEAR VERMONT YANKEE L.L.C. )
and ENTERGY NUCLEAR OPERATIONS, INC.
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(Vermont Yankee Nuclear Power Station)
Docket No. 50-271 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER DENYING EXTENSION REQUEST have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution with copies by electronic mail or facsimile as indicated.
Office of Commission Appellate U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Lawrence J. Chandler, Esq.
Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: lic@nrc.qov The Honorable James H. Douglas Governor of Vermont 109 State Street - The Pavilion Montpelier, VT 05609 Fax: 802-828-3339 The Honorable Patrick Leahy United States Senate 433 Rayburn House Office Building Washington, DC 2051 0 ATTN: Susanna Fleek E-mail: Susanne fleek@ leahv.senate.qov Adjudication John M. Fulton, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 E-mail: jf ultol@ enterqv.com The Honorable James Jeffords United States Senate 456 Dirksen Senate Office Building Washington, DC 2051 0 ATTN: Mary Frances Repko E-mail: marv repko@ epw.senate.qov
2 Docket No. 50-271 COMMISSION ORDER DENYING EXTENSION REQUEST The Honorable Bernard Sanders United States House of Representatives 2233 Rayburn House Office Building Washington, DC 20515 ATTN: Mike Behan E-mail: michael.behan @mail.house.qov Dated at Rockville, Maryland, this 1 8'h day of August 2004