ML083540202
| ML083540202 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/08/2008 |
| From: | Shadis R New England Coalition |
| To: | NRC/SECY/RAS |
| SECY RAS | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS-M-367 | |
| Download: ML083540202 (8) | |
Text
(TA-S H-36$7 New England Coalition VT NH ME MA RI CT NY POST OFFICE BOX 545, BRATTLEBORO, VERMONT o5302 December 8, 2008 Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 RE: Docket No. 50-271-LR, ASLBP No. 06-849-03-LR, Vermont Yankee Nuclear Power Station
Dear Rulemaking and Adjudications Staff,
Please find enclosed for filing before the Commission in the above captioned proceeding New England Coalition, Inc.'s Motion to Extend Time to File Petition for Review Thank you for your kind attention, for New England Coalition, Inc.
Raymond Shadis Pro Se Representative Post Office Box 98 Edgecomb, Maine 04556 DOCKETED USNRC December 8, 2008 (1:39pm)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF S041 3)5-os
UNITED STATES NUCLEAR REGULATORY COMMISSION Before the Secretary of the Commission In the Matter of December 8,2008 Entergy Nuclear Vermont Yankee, LLC Docket No. 50-271 -LR and Entergy Nuclear Operations, Inc.
ASLB No. 06-894-03-LR (Vermont Yankee Nuclear Power Station)
NEW ENGLAND COALITION, INC.'S MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW New England Coalition, Inc. (NEC) respectfully requests an extension of the deadline for a petition for review of the Atomic Safety and Licensing Board's (ASLB)
Partial Initial Decision (Ruling on Contentions 2A, 2B, 3, and 4) in the above captioned matter under 10 CFR 2.341 to 15 days after the date the ASLB issues its decision of NEC's pending motion for reconsideration.
The current deadline for a petition for review under section 2.341 is December 9, 2008, prior to the current deadline for NEC's Motion for Reconsideration, which is December 15, 2008 per the ASLB Order, issued on December 4, 2008 and attached hereto.
NEC does not waive its right to file a petition for review by filing a motion for reconsideration.
On December 5, 2008, NEC requested (via E-mail) agreement of the Parties to its motion.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(Entergy) has indicated it will oppose the motion.
N
The State of New Hampshire has indicated that it supports the motion.
The State of Vermont Department of Public Service has indicated that it will not oppose the filing of the Motion, but will need to review the substance of the motion before registering its agreement or disagreement with the substance.
The State of Massachusetts has not responded to indicate its agreement or disagreement.
NRC Staff has indicated that "to the extent NEC is requesting an extension of time (15 days after a board decision on NEC's yet-to-be filed motion for reconsideration) to file a petition for review of issues specifically raised in the yet-to-be filed motion for reconsideration, the Staff does not oppose the request because it appears to be consistent with the Commission's regulations in 2.341(b)(6), and 2.341(b)(1). To the extent NEC is requesting an extension to time to file a petition for review as to issues not specifically raised in the yet-to-be filed motion for reconsideration, the Staff opposes NEC's request."
Discussion NEC is the sole intervenor in the above captioned matter to bring safety-related issues (contentions) through the 10 CFR Part 2, Subpart L process to Oral Hearing.
NEC is entitled to a fair hearing of its contentions. NEC is further entitled to a full exercise of its administrative remedies including a Motion for Reconsideration before the ASLB and a Petition for Review before the Commission.l I Boards should make it a paramount concern to accord intervenors and other parties the fundamental right of fair treatment. See Skull Valley Band of Goshute Indians v. Nielson, 376 F.3d 1253, 1254 (10th Cir.
2004).
And it bears noting that a fair adjudicatory hearing process, whereby members of the public are afforded the opportunity to raise, and have resolved, appropriate challenges to safety and technical aspects, of a proposed licensing action, helps to promote NRC's mission to protect the public against unreasonable risks to health and safety, and is itselfa key "statutory function" of the agency. See 42 U.S.C. § 2239(a).
2
The ASLB Order of December 4, 2008, altering the schedule for good cause, has moved the deadline for filing a Motion for Reconsideration past the deadline for a Petition for Review as set in the Partial Initial decision of November 24, 2008 thus reversing the effective and appropriate timing (sequence) of these filings.
Should NEC be required to file its Petition for Review in advance of filing a Motion for Reconsideration, the requirement would result in negating the Commission's long-standing policy of deference to the judgment of the ASLB; suspend consideration by the ASLB, and result in removing factual issues from the purview of those most familiar with a long, and heavily fact-laden case.2 Restoration of appropriate timing and sequence of these filings will result in also restoring an orderly process and judicial economy.
No party will be unduly burdened by a reasonable extension of time at this juncture provided the deadline for filing responses to NEC's Petition be extended accordingly.
In as much as the Partial Initial Decision has ordered that Entergy perform certain metal fatigue analyses and the Partial Initial Decision also set a 45 day review period following their performance; and the requested extensions for petition and response filing fall within the timeframe, Entergy is not likely to suffer any significant delay in seeking finality regarding its License Renewal Application.
Motion 2 the likelihood that a reviewing body will rely on the presumption of correctness of a trial court's factual determinations tends to increase when trial judges have lived with the controversy for weeks or months instead ofjust a few hours; CLI-05-19, 62 NRC 403 (2005) 3
For all of the good reasons stated above, NEC respectfully moves the Commission to extend the deadline for filing a Petition for Review until 15 days after the date the ASLB issues its decision of NEC's pending Motion for Reconsideration.
Raymond Shadis Pro se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 Shadis @prexar.com 4
A -MR 14 tit-N-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. William H. Reed In the Matter of Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT YANKEE, L.L.C.,
ASLBP No. 06-849-03-LR and ENTERGY NUCLEAR OPERATIONS, INC.
December 4, 2008 (Vermont Yankee Nuclear Power Station)
Order (Granting NEC's Motion to Extend Time)
New England Coalition, Inc. (NEC) filed a motion on December 3, 2008, seeking to extend time to file a motion for reconsideration of the Board's Partial Initial Decision issued on November 24, 2008.1 The Board hereby grants the motion. NEC's deadline for filing a motion for reconsideration is extended to December 15, 2008 and the deadline for filing answers thereto is extended to January 5, 2009.
FOR THE ATOMIC SAFETY AND LICENSING BOARD2 IRAI Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 4, 2008
[NEC]'s Motion to Extend Time to File Motion for Reconsideration (Dec. 3, 2008).
2 Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) licensees Entergy; (2) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; (3) the NRC Staff; (4) the State of New Hampshire; and (5) the Commonwealth of Massachusetts.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(Vermont Yankee Nuclear Power Station)
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Docket No. 50-271-LR ASLBP No. 06-849-03-LR CERTIFICATE OF SERVICE I, Raymond Shadis, hereby certify that copies of NEW ENGLAND COALITION, INC.'S (NEC) MOTION TO EXTEND TIME TO FILE PRTITION FOR REVIEW in the above-captioned proceeding were served on the persons listed below, by U.S. Mail, first class, postage prepaid; and, where indicated by an e-mail address below, by electronic mail, on the 8th of December, 2008.
Administrative Judge Alex S. Karlin, Esq., Chair Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@(grc.gov Administrative Judge William H. Reed 1819 Edgewood Lane Charlottesville, VA 22902 E-mail: whrcville@,embarqmail.com Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAmail r.gov Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearinadocket@n.r.gov Sarah Hoflnann, Esq.
Director of Public Advocacy Department of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmann@Atate.vt.us Lloyd B. Subin, Esq.
Mary C. Baty, Esq.
Susan L. Uttal, Esq.
Jessica A. Bielecki, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: lbs3@nrc.gov; mcb I Rnrc.gov; susan.uttal@nrc.govz jessica.bielecki@nrc.gov Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 E-mail: aroisman(-*nationallegalscholars.com
J Zachary Kahn Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: zachary.kahngnrc.gov Peter C. L. Roth, Esq.
Office of the Attorney General 33 Capitol Street Concord, NH 03301 E-mail: Peter.rothgdoi.nh.gov David R. Lewis, Esq.
Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz(i.nillsburvlaw.com Matthew Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18'h Floor Boston, MA 02108 E-mail: Matthew.Brock(istate.ma.us by:
Raymond Shadis Pro se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadiskprexar.com