ML072630368
| ML072630368 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 10/05/2007 |
| From: | Dyer J Office of Nuclear Reactor Regulation |
| To: | Martinelli S - No Known Affiliation |
| Rowley J, NRR/DLR/RLRB, 415-4053 | |
| Shared Package | |
| ML072630457 | List: |
| References | |
| EDATS: SECY-2007-0368, G20070663, LTR-07-0510, SECY-2007-0368, TAC MD6853 | |
| Download: ML072630368 (3) | |
Text
October 5, 2007 Mr. Sherwood Martinelli 351 Dyckman Street Peekskill, NY 10566
Dear Mr. Martinelli:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your e-mail correspondence of August 1, 2007, regarding Entergy's license renewal application (LRA) for Vermont Yankee Nuclear Power Station (VYNPS). In your correspondence, you request that the NRC notice receipt of additional information from Entergy regarding the VYNPS LRA on July 30, 2007, and afford stakeholders the opportunity to provide comments and/or petition to intervene and/or file new or amended contentions.
The Commission considered the appropriate length of time to provide for potential interveners to prepare for involvement in the adjudicatory process, when it amended the regulations governing hearing requests, petitions to intervene, and contentions, in Section 2.309 of Title 10 of the Code of Federal Regulations (10 CFR 2.309). See Statement of Consideration, AChanges to Adjudicatory Process@ (69 FR 2181). Specifically, as adopted, 10 CFR 2.309(b)(3) states that, for proceedings in which a Federal Register notice of hearing or notice of agency action is published, a hearing request and/or petition and proposed contentions must be filed within 60 days following the date of publication of the notice (or as otherwise indicated in the notice). The Commission specifically provided a 60-day period, to ensure that sufficient time is available for the filing of requests for hearing/petitions to intervene and contentions. The Commission concluded that this 60-day period in conjunction with the agency=s public notice provisions, Awill provide more than ample time for a potential requestor/intervenor to review the application, prepare a filing on standing, and develop proposed contentions and references to materials in support of the contentions@ (69 FR 2199). Section 2.309 does not, however, provide an opportunity for members of the public to simply comment on the application, but rather submit contentions. As discussed below, there are opportunities for members of the public to comment on the license renewal process.
The NRC Staff published notice of opportunity to request a hearing on the VYNPS LRA March 27, 2006 (71 FR 15220). Although the 60-day period to request an opportunity for hearing has expired, 10 CFR 2.309, provides for late intervention provided that the late-filing, standing, and contention requirements of Section 2.309 are satisfied.
One of the cornerstones of the NRCs regulatory approach is to ensure that its licensing and regulatory oversight processes are open, understandable, and accessible to external stakeholders. In keeping with this approach, the NRC holds public workshops and meetings to enhance stakeholder awareness and involvement in the NRCs decision making on safety and regulatory matters. Public participation is an important part of the LRA review process. The public has multiple opportunities to participate in the license renewal process. The NRC meets
Mr. Martinelli with members of the public to provide information about the LRA safety and environmental review processes and to solicit comments on the environmental review. Meetings with the applicant to present the NRC's inspection findings, and/or to discuss issues related to the staff=s review processes to solicit comments on environmental review. The public also may observe and participate in the public meetings at which the NRC presents its inspection findings and/or to discuss issues related to the staffs review and/or inspection findings. In addition, the NRC staff presents its safety evaluation report for the LRA to the Advisory Committee on Reactor Safeguards in a meeting that is open to the public. Our correspondence with the applicant and other stakeholders during the LRA review is publicly available through our Agencywide Document Access and Management System.
In summary, pursuant to 10 CFR 2.309, the Commission has established a reasonable period of time for members of the public to review the LRA or any supplements relating thereto and prepare for participation in the adjudicatory process, including qualified late filed contentions. If you have any additional questions regarding the license renewal process, please contact Mr.
Jonathan Rowley of my staff at 301-415-4053.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation
Mr. Martinelli with members of the public to provide information about the LRA safety and environmental review processes and to solicit comments on the environmental review. Meetings with the applicant to present the NRC's inspection findings, and/or to discuss issues related to the staff=s review processes to solicit comments on environmental review. The public also may observe and participate in the public meetings at which the NRC presents its inspection findings and/or to discuss issues related to the staffs review and/or inspection findings. In addition, the NRC staff presents its safety evaluation report for the LRA to the Advisory Committee on Reactor Safeguards in a meeting that is open to the public. Our correspondence with the applicant and other stakeholders during the LRA review is publicly available through our Agencywide Document Access and Management System.
In summary, pursuant to 10 CFR 2.309, the Commission has established a reasonable period of time for members of the public to review the LRA or any supplements relating thereto and prepare for participation in the adjudicatory process, including qualified late filed contentions. If you have any additional questions regarding the license renewal process, please contact Mr.
Jonathan Rowley of my staff at 301-415-4053.
Sincerely,
/RA/
J. E. Dyer, Director Office of Nuclear Reactor Regulation DISTRIBUTION:
- concurred via e-mail Adams Accession: Pkg: ML072630457; Incoming: ML072690145; Response: ML072630368 OFFICE PM:RLRB:DLR LA:DLR BC:RLRB:DLR Tech Editor*
D:DLR NAME JRowley SFigueroa RAuluck HChang PTKuo DATE 09/21/07 09/21/07 09/21/07 09/24/07 10/03/07 OFFICE OGC (NLO)
D:NRR NAME MBaty JEDyer DATE 10/01/07 10/05/07 OFFICIAL RECORD COPY