ML15055A278

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State of Vermont'S Notice of Appeal of Atomic Safety and Licensing Boards January 28 2015 Memorandum and Order Denying States Request for Hearing and Petition to Intervene
ML15055A278
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 02/23/2015
From: Kisicki A
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LA, ASLBP 15-934-01-LA- BD01, RAS 27290
Download: ML15055A278 (2)


Text

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

) Docket No. 50-271-LA ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 15-934-01-LA-BD01 NUCLEAR OPERATIONS, INC. )

) February 23, 2015 (Vermont Yankee Nuclear Power Station) )

THE STATE OF VERMONTS NOTICE OF APPEAL OF ATOMIC SAFETY AND LICENSING BOARDS JANUARY 28, 2015 MEMORANDUM AND ORDER DENYING THE STATES REQUEST FOR HEARING AND PETITION TO INTERVENE Pursuant to 10 CFR § 2.311(b), the State of Vermont (State), represented by the Vermont Department of Public Service, herby submits to the U.S. Nuclear Regulatory Commission (NRC) the following notice of appeal of the Atomic Safety and Licensing Boards (ASLB) January 28, 2015 Memorandum and Order (Order) denying the States September 22, 2014 Notice of Intention to Participate, Petition to Intervene, and Hearing Request (Petition). A clear spilt among the ASLB is present with respect to the proper interpretation of NRC regulations controlling the implementation, maintenance, and termination of the Emergency Response Data System (ERDS) at a permanently shut down facility. The State contends that the ASLBs findings related to the proper interpretation of NRC regulation 10 CFR Part 50, Appendix E, § VI.2 are incorrect. Likewise, the State appeals the ASLBs finding that the contention contained in its Petition constitutes an impermissible collateral attack on an NRC regulation. Finally, the State appeals the NRC Staffs granting of the requested license amendment in question without receipt or review of safety analysis the ASLB directed the 1

licensee to conduct, pursuant to 10 CFR § 50.54(q)(3), compromising the health and safety of Vermont citizens.

Respectfully submitted,

/Signed (electronically) by/

Aaron Kisicki Counsel for the State of Vermont Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620 (802) 828-3785 aaron.kisicki@state.vt.us Dated at Montpelier, Vermont This 23rd day of February, 2015 2