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Category:Legal-Correspondence
MONTHYEARML12181A4902012-06-26026 June 2012 6/26/12 - Vermont Pub Serv V NRC Opinion ML12181A5092012-06-26026 June 2012 Order Denying Petitions for Review ML12146A1592012-05-21021 May 2012 5/25/12 - Fed Respondents Post Argument Filing ML1211006992012-04-13013 April 2012 Order - Deferring Motion to Strike ML1211006872012-04-12012 April 2012 Motion for Admission Pro Hac Vice ML1211007042012-04-0909 April 2012 Order - VY Order Support Appendix ML12152A0802012-03-19019 March 2012 Final Respondents Brief ML12152A1062012-03-19019 March 2012 Entergy Final Brief ML1203004582012-01-27027 January 2012 Oral Argument Scheduled for May 9, 2012, Vermont Dept of Public Service,Et, Al., Petitioners V. USNRC, Et Al., Respondents ML1105407332011-02-23023 February 2011 Letter from Annette L. Vietti-Cook to the Honorable Paul W. Hodes Re Director'S Decision 11-01 ML1019305132010-07-12012 July 2010 Memorandum to the Participants Chairman Gregory B. Jaczko'S Upcoming Tour of the Vermont Yankee Nuclear Power Station and Round Table Discussion ML0914106802009-05-21021 May 2009 2009/05/21-Vermont Yankee - Safety Evaluation Report Related to the License Renewal of Vermont Yankee Nuclear Power Station - Supplement 1 ML0906903022009-02-26026 February 2009 Letter to Board Advising of Some Inconsequential Cha Nges in the Confirmatory Environmentally Assisted Fatigue Analyses That Were Provided to the Parties on January 9, 2009 ML0903303352009-01-0808 January 2009 Entergy Nuclear Vermont Yankee, LLC, and-Entergy Nuclear Operations, Inc., (Vermont Yankee), Corrected Letter to Board & Parties Re Confirmatory Calculations for CS & RO ML0902305552009-01-0808 January 2009 in the Matter of Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station). CUF Analyses on CS Nozzle and RO Nozzle at Vermont Yankee Nuclear Power Station ML0900502542008-12-23023 December 2008 Motion for Leave and Brief Amicus Curiae on Parties in the Matter of Entergy Nuclear Vermont Yankee, and Entergy Nuclear Operations in Reliance Upon Certificate of Service List from NRC Staff'S Petition for Review Dated December 9, 2008 ML0823211072008-08-13013 August 2008 Joint Proposed Transcript Corrections ML0821200552008-07-18018 July 2008 Request for Explanation Re. Absence of Kenneth Chang to Testify ML0820605492008-07-18018 July 2008 State of New Hampshire List of Hearing Attendees ML0820406362008-07-15015 July 2008 New England Coalition, Inc.'S List of Hearing Attendees ML0820406162008-07-14014 July 2008 Entergy'S List of Hearing Attendees ML0819602912008-07-11011 July 2008 Vermont Yankee - Letter to Administrative Judges Transmitting Staff Non- Disclosure Agreements for Hearing ML0819602392008-07-11011 July 2008 Vermont Yankee - Letter to Administrative Judges Regarding Unavailability of NRC Staff Witness for Hearing July 20, 2008 ML0817506792008-06-20020 June 2008 Vermont Yankee - Letter to Board Transmitting Proposed Questions ML0816908252008-06-17017 June 2008 Vermont Yankee - NRC Staff Hearing File Update Supplement 23 ML0814906312008-05-28028 May 2008 2008/05/28-Letter to Board from Staff Transmitting NUREG-1907-Safety Evaluation Report Related to License Renewal of Vermont Yankee Nuclear Power Station, Volumes 1 and 2 ML0815504222008-05-28028 May 2008 Commonwealth of Massachusetts' Designation of Single Representative ML0814306822008-05-22022 May 2008 Letter to Atomic Safety and Licensing Board Corrected Affidavit of Kenneth Chang (Exhibit 2) and Missing Page 4-43 to Staff Exhibit 1 ML0812903772008-05-0202 May 2008 2008/05/02-Memorandum to Chairman Klein from the Inspector General on the Subject of NRC Staff Review of License Renewal Applications ML0812805922008-04-29029 April 2008 New England Coalition, Inc.'S (NEC) Motion to Withdraw Motion to Compel and for Subpoena ML0812603282008-04-25025 April 2008 in the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 & 3), Forwarding Courtesy Copy of Court of Appeals Decision to Deny Commonwealth of Massachusetts' Petitions for Review for Pilgrim and Vermont Yanke ML0810704562008-04-0404 April 2008 Entergy'S Statement of Witness Availability ML0810502602008-04-0404 April 2008 New England Coalition, Inc.'S (NEC) Statement of Witness Availability ML0810501382008-04-0404 April 2008 Transmittal of State of New Hampshire'S Statement of Date Blackout ML0810603232008-04-0303 April 2008 2008/04/03-State of Vermont Response to Order Requiring Information of Anticipated Schedule Conflicts in August and September Evidentiary Hearings for Vermont Yankee Nuclear Power Station License Renewal ML0807204812008-03-12012 March 2008 Vermont Yankee - NRC Staff Declaration of Position ML0807401992008-03-0707 March 2008 New England Coalition, Inc.'S (NEC) Final Witness List ML0807204262008-03-0606 March 2008 Entergy'S Final List of Witnesses ML0806700882008-03-0606 March 2008 Vermont Yankee - NRC Staff Final Witness List ML0805706532008-02-26026 February 2008 Vermont Yankee - Letter to the Licensing Board Regarding Issuance of SER ML0733212822007-11-26026 November 2007 E-mail from Sarah Hofmann to the Board and Parties Re Black Out Dates for Evidentiary Hearings ML0731204512007-11-0808 November 2007 Commonwealth of Massachusetts V. United States Nuclear Regulatory Commission and the United States of America, Nos. 07-1482, 07-1483 (Consolidated) ML0731204532007-11-0101 November 2007 Commonwealth of Massachusetts V. United States and Unites States Nuclear Regulatory Commission Nos. 07-1482; 07-1483 ML0730502172007-10-31031 October 2007 Commonwealth of Massachusetts V. NRC, No. 07-1482 ML0727500532007-10-0101 October 2007 Letter from J. Samuel Walker to Scott H. Strauss and Rebecca J. Baldwin Re Local 369 Petition for Leave to Intervene ML0725601052007-08-29029 August 2007 Commonwealth of Massachusetts V. USNRC, Nos. 07-1482 and 07-1483; Unopposed Motion for Extension of Time to File Respondents' Brief ML0721900342007-07-24024 July 2007 Letter from Karen Tyler Enclosing a Complete Copy of Attachment A. an Incomplete Copy Was Erroneously Filed with New England'S Coalition, Inc.'S Supplement to Opposition to Entergy'S Motion for Summary Disposition...Dated 07/19/07 ML0719302612007-07-11011 July 2007 Notice of Withdrawal of Mitzi A. Young ML0718702962007-06-29029 June 2007 Letter from Sarah Hofmann to Administrative Judges Informing That Counsel for the Vermont Department of Public Service Are Available Throughout February and March of 2008 for Hearings ML0719903452007-06-29029 June 2007 Letter from Sarah Hofmann to Administrative Judges Informing That the Counsel for the Vermont Department of Public Service Are Available Any of the Dates for the Site Visit Except for October 5, 8, 9 and 10 2012-06-26
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USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 1 of 3 UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 CASE WAS ARGUED ON MAY 9, 2012 May 21, 2012 Judge Karen L. Henderson Judge Judith W. Rogers Judge Merrick B. Garland c/o Mr. Mark Langer, Clerk, United States Court of Appeals for the D.C. Circuit E. Barrett Prettyman United States Courthouse 333 Constitution Avenue NW Washington, DC 20001-2866 Re: Vermont Dept. of Pub. Serv. v. NRC, No. 11-1168 (consol. with No. 11-1177)
Dear Judges Henderson,
Rogers, and Garland:
This letter responds to the Courts May 9, 2012 Order directing the parties to file a post-argument submission addressing their position on the status of the section 402 matter.At oral argument, the Court asked whether the Vermont Yankee nuclear power plant (Vermont Yankee) currently possesses a valid, effective permit issued pursuant to Vermonts EPA-approved National Pollutant Discharge Elimination System (NPDES) program under § 402 of the Clean Water Act, 33 U.S.C. § 1342. The answer to that question is yes.
As we noted in our brief (at 14 n.2), Vermont last renewed Vermont Yankees § 402 permit in 2001. When issued, that permit was set to expire on March 31, 2006. But Entergy applied for a renewed § 402 permit 180 days before that deadline. Vermont law expressly provides that when a licensee submits a sufficient application for the renewal of a license at least 180 days before its expiration date, the existing license does not expire until the relevant state agency takes final agency action on the application and the period for judicial review runs out. 3 V.S.A. § 814(b). See also 3 V.S.A. § 801(b)(3) (a license as used in § 814(b) includes any agency permit, such as a § 402 permit). In this respect, Vermont law is consistent with the federal Administrative Procedure Acts timely-renewal provision, 5 U.S.C. § 558(c). See also 40 C.F.R. § 122.6.
USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 2 of 3 Thus, although Vermont officials have not yet issued or denied a renewed
§ 402 permit to Vermont Yankee, Entergys timely application means that the existing § 402 permit remains valid. Indeed, in 2009, Vermonts own Attorney General told the Vermont Supreme Court that Entergyapplied for [Vermont Yankees] renewal permit on September 30, 2005 [and therefore] it is allowed to operateuntil [Vermonts Agency of Natural Resources] rules on the renewal permit application. Brief of Appellee/Cross-Appellant State of Vermont, In re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 187 Vt. 142 (2009)
(No.08-295) at 14 n.13 (citing 3 V.S.A. § 814(b)) (brief available at 2009 WL 1114797). The Vermont Supreme Court later confirmed this fact. See In re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 187 Vt. 142, 150 n.4 (2009).
In summary, when NRC renewed Vermont Yankees license, Entergys application for a renewed § 402 permit was pending with Vermonts Agency of Natural Resources. That is still the case. But, as we explained above, under Vermont law the terms of Vermont Yankees § 402 permit from 2001 continue to apply, given Entergys timely application for a renewed permit. See Record Appendix at 144-197 (copy of § 402 permit, as amended).1 1
While § 402 of the Clean Water Act provides that NPDES permits are for fixed terms not to exceed five years, see 33 U.S.C. § 1342(b)(1)(B), sometimes permits like Vermont Yankees remain effective for longer periods while the responsible state agencies process the applications for renewed permits. For instance, the Millstone nuclear power plants application for a renewed § 402 permit had been before the State of Connecticut for over eight years when NRC issued Millstones renewed operating license in 2005. See U.S. Nuclear Regulatory Commission, Supplemental Environmental Impact Statement for License Renewal of Millstone Power Station Units 2 and 3, App. E, Table E-2 (2005), available at:
http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1437/supplement22/
sr1437s22app2.pdf (relying on still-effective 1992 permit because renewal application submitted in 1997 remained pending with the relevant state agency).
USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 3 of 3 Therefore, Vermont Yankee continues to possess a valid, effective permit under § 402 of the Clean Water Act.
Respectfully submitted,
____/s/__________________ ____/s/_______________________
JOHN E. ARBAB SEAN D. CROSTON Attorney Attorney U.S. Department of Justice U.S. Nuclear Regulatory Appellate Section Commission Environment & Natural Resources Div. Office of the General Counsel 202-514-4046 301-415-2585 John.Arbab@usdoj.gov Sean.Croston@nrc.gov