ML042950575

Letter from Annette L. Vietti-Cook to Senators Leahy and Jeffords and Representative Sanders Responding to Their 09/13/04 Letter to Chairman Diaz Re Formal Hearing in the Vermont Yankee Proceeding

ML042950575
Person / Time
Site:	Vermont Yankee
Issue date:	10/12/2004
From:	Annette Vietti-Cook NRC/SECY
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8667
Download: ML042950575 (6)

Text

RAS 8667 WASHINQTOH, D.C. 20555-0001 DOCKETED USNRC October 12, 2004 October 21, 2004 (12:45PM)

OFFICE OF SECRETARY SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF The Honorable Patrick Leahy SERVED October 21,2004 United States Senate Docket No. 50-271-OM Washington, D.C. 20510

Dear Senator Leahy:

I am responding to your letter to Chairman Nils J. Diaz, dated September 13, 2004, in which you urged the Commission promptly to grant a formal hearing with full discovery on contentions submitted from Vermont challenging the Vermont Yankee nuclear power plant's proposed operating license amendment. The amendment, if granted, would permit an approximately twenty percent increase over the maximum power level now authorized at Vermont Yankee.

You also stated that you were monitoring an independent engineering assessment underway at Vermont Yankee and asked that any amended contentions based on its results be given full and fair consideration.

An Atomic Safety and Licensing Board, comprised of three administrative judges, has been established to preside over the adjudication of the Vermont Department of Public Service and New England Coalition of Brattleboro challenges to the license amendment. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that all members of the Commission must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, and that it would be inappropriate for any of them to discuss or comment on issues involved in this matter.

A copy of your letter and this response will be placed on the Vermont Yankee hearing docket and served on the parties to the proceeding.

Sincerely,

- Annette L. Vietti-Cook Secretary of the Commission cc: Service List

WASHINGTON, D.C. 20555-0001 October 12, 2004 SECRETARY The Honorable Bernard Sanders United States House of Representatives Washington, D.C. 20515

Dear Congressman Sanders:

I am responding to your letter to Chairman lils , Diaz, dated September 13, 04, in which you urged the Commission promptly to grant a formal hearing with full discovery on contentions submitted from Vermont challenging the Vermont Yankee nuclear power plants proposed operating license amendment. The amendment, if granted, would permit an approximately twenty percent increase over the maximum power level now authorized at Vermont Yankee.

You also stated that you were monitoring an independent engineering assessment underway at Vermont Yankee and asked that any amended contentions based on its results be given full and fair consideration.

An Atomic Safety and Licensing Board, comprised of three administrative judges, has been established to preside over the adjudication of the Vermont Department of Public Service and New England Coalition of Brattleboro challenges to the license amendment. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that all members of the Commission must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, and that it would be inappropriate for any of them to discuss or comment on issues involved in this matter.

A copy of your letter and this response will be placed on the Vermont Yankee hearing docket and served on the parties to the proceeding.

Sincerely, Annette L. Vietti-Cook Secretary of the Commission cc: Service List

WASHINGTON, D.C. 20555-0Q01 October 12, 2004 SECRETARY The Honorable James M. Jeffords United States Senate Washington, D.C. 20510

Dear Senator Jeffords:

I am responding to your letter to Chairman Nils J. Diaz, dated September 13, 2004, in which you urged the Commission promptly to grant a formal hearing with full discovery on contentions submitted from Vermont challenging the Vermont Yankee nuclear power plants proposed operating license amendment. The amendment, if granted, would permit an approximately twenty percent increase over the maximum power level now authorized at Vermont Yankee.

You also stated that you were monitoring an independent engineering assessment underway at Vermont Yankee and asked that any amended contentions based on its results be given full and fair consideration.

An Atomic Safety and Licensing Board, comprised of three administrative judges, has been established to preside over the adjudication of the Vermont Department of Public Service and New England Coalition of Brattleboro challenges to the license amendment. Under Nuclear Regulatory Commission procedural rules for adjudications, the Commission has an appellate role in proceedings commenced before its Atomic Safety and Licensing Boards. Because of that role, I trust that you will understand that all members of the Commission must remain impartial during the pendency of a case, whether it is before a Licensing Board or on appeal to the Commission, and that it would be inappropriate for any of them to discuss or comment on issues involved in this matter.

A copy of your letter and this response will be placed on the Vermont Yankee hearing docket and served on the parties to the proceeding.

Sincerely, VP&

Annette L. Vietti-Cook Secretary of the Commission cc: Service List

Septeniber 13,2004 The Honorable Nils J. D i u Chairman U. S. Nuclear Regu1ato.y Commission Washington, DC 20555-0001

Dear Chairman D i u :

On July 1,2004, the Nuclear Regulatory Commission ("2)published in the Federal Register a notict of opportunity to request a hearing on the Vermont Yankee nuclear power plant's pending extended power uprate application. The notice set a deadline of August 30,2004 or any hearing requests on this matter. We understand that you have received several contentions fiom Vermont in compliance with the deadline. We write to urge that you promptly grant a formal hearing and full discovery to review these contentions.

You have also assured us that requesters may amend or add to their contentions based upon infoimation obtained through the independent engineering assessment now being undertaken ai Vermont Yankee. We are monitoring the independent engineering assessment, and urge that my amended contentions based upon its results are given full and fair consideration.

We believe that the NRC has the discretion to accommodate these requests. The issues raised by Vermont are important concerns that should be addressed in a public hearing. Vermonters need to know that the NRC has fully addressed these concerns anddiat these questions have been answered.

Sincerely, Yy Patrick Leahy, U.S IS, r

Bernard Sanders, M.C.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ) Docket No. 50-271-0LA and ENTERGY NUCLEAR OPERATIONS, INC. )

1 Vermont Yankee Nuclear Power Station) )

)

(Operating License Amendment) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LETTER FROM ANNETTE L. VIETTI-COOK TO SENATORS LEAHY AND JEFFORDS AND REPRESENTATIVE SANDERS RESPONDING TO THEIR 09/13/04 LETTER TO CHAIRMAN DIAZ RE FORMAL HEARING IN THE VERMONT YANKEE PROCEEDING have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adj udication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Lester S. Rubenstein Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Brooke D. Poole, Esq. Raymond Shadis Robert M. Weisman, Esq. New England Coalition Marisa C. Higgins, Esq. P.O. Box 98 Office of the General Counsel Edgecomb, ME 04556 Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket No. 50-271-0LA LETTER FROM ANNETTE L. VIETTI-COOK TO SENATORS LEAHY AND JEFFORDS AND REPRESENTATIVE SANDERS RESPONDING TO THEIR 09/13/04 LETTER TO CHAIRMAN DIAZ RE FORMAL HEARING IN THE VERMONT YANKEE PROCEEDING John M. Fulton, Esq. Sarah Hofmann, Esq.

Assistant General Counsel Special Counsel Entergy Nuclear Operations, Inc. Department of Public Service 440 Hamilton Avenue 112 State Street - Drawer 20 White Plains, NY 10601 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq. Jay E. Silberg, Esq.

National Legal Scholars Law Firm Matias F. Travieso-Diaz, Esq.

84 East Thetford Rd. Douglas J. Rosinski, Esq.

Lyme, NH 03768 Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Jonathan M. Block, Esq.

94 Main Street P.O. Box 566 Putney, VT 05346-0566 Dated at Rockville, Maryland, this 21St day of October 2004