ML15072A460
| ML15072A460 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/13/2015 |
| From: | Kisicki A State of VT, Dept of Public Service |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-271-LA-2, RAS 27367, TBD | |
| Download: ML15072A460 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT ) Docket No. 50-271-LA-2 YANKEE, LLC AND ENTERGY )
NUCLEAR OPERATIONS, INC. ) March 12, 2015
)
(Vermont Yankee Nuclear Power Station) )
STATE OF VERMONTS MOTION TO STAY THE LICENSE AMENDMENT PROCEEDING PENDING COMMISSION RECONSIDERATION NOW COMES the State of Vermont (State), through the Vermont Department of Public Service and pursuant to 10 CFR § 2.342, with the following motion (Stay Motion) to stay the license amendment proceeding (LAR Proceeding), currently before the Atomic Safety and Licensing Board (ASLB), pending a ruling by the Nuclear Regulatory Commission (NRC) on the States Petition for Reconsideration (Reconsideration Petition), dated March 12, 2015.1 The States Reconsideration Petition seeks the NRC to withdraw and reconsider its decision, dated March 2, 2015, to approve a request by Entergy Nuclear Operations, Inc.
(Entergy) for exemptions from certain emergency planning requirements (Exemption Petition) at the Vermont Yankee Nuclear Power Station (VY).2 The LAR Proceeding involves review of an Entergy LAR that is directly related to the exemptions recently approved by the NRC. As the State explains in the Reconsideration Petition, it has the right to hearing on admissible contentions related to an exemption request 1
See State of Vermonts Petition for Reconsideration of Commission Decision Approving Entergys Exemption Requests (March 12, 2015) (Attached as Exhibit A).
2 See Commission Voting Record re Request by Entergy Nuclear Operations, Inc., for Exemptions From Certain Emergency Planning Requirements (March 2, 2015)(ADAMS Accession No. ML15062A135).
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when the exemption is necessary for an applicant to amend its license under NRC precedent.3 The State has been denied its right to a hearing on the exemption request due to the NRCs recent action, leading the State to file the Reconsideration Petition.
The timing of the NRCs approval of Entergys exemption further complicates matters and prejudices the State in the LAR Proceeding. The State filed its Petition for Intervention and Request for Hearing on February 9, 2015. The NRCs exemption approval was issued four days prior to Entergy and NRC Staff filing answers in opposition to the States Intervention Petition.
Both Entergy and NRC Staff argued that a contention contained in the States Petition was moot given the NRCs March 2 exemption approval.4 The States response to Entergys and NRCs opposition is currently due tomorrow, March 13. The State cannot reasonably be expected to formulate responses that are dependent on the now-unknown disposition of the NRC exemption approval it now contests. Staying the LAR Proceeding pending the outcome of the States Reconsideration Petition creates fairness and predictability for all parties to the LAR Proceeding and the ASLB. Additionally, staying the LAR Proceeding while the Commission reconsiders its agency action will preserve judicial resources and reduce complexity in the event that the NRC grants the relief sought by the State in the Reconsideration Petition.
Alternatively, the State requests that the NRC grant it a seven-day extension to respond to Entergys and NRC Staffs answers to the LAR Petition, preferably keyed to start at the issuance of an order by the Commission if the relief requested in the Reconsideration Petition is not granted. The extension would provide fairness to the State, given the very recent and significant 3
See State of Vermonts Petition for Reconsideration of Commission Decision Approving Entergys Exemption Requests at (March 12, 2015).
4 See Entergys Answer Opposing Petition for Leave to Intervene and Hearing Request at 16-17 (March 6, 2015)(ADAMS Accession No. ML15065A300); NRC Staffs Answer to State of Vermonts Petition for Leave to Intervene and Hearing Request at 21-22 (March 6, 2015)(ADAMS Accession No. ML15065A364).
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action taken by the NRC, to evaluate a response to Entergys and NRC Staffs answer and craft appropriate amendments to its Petition in this proceeding if necessary.
Dated at Montpelier, Vermont this 12th of March, 2015 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 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT ) Docket No. 50-271-LA-2 YANKEE, LLC AND ENTERGY )
NUCLEAR OPERATIONS, INC. ) March 13, 2015
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF CONSULTATION Pursuant to 10 C.F.R. § 2.323(b), I hereby certify that I or my representative have made a sincere effort to contact other parties in the proceeding and resolve the issues raised in the motion, and that these efforts to resolve the issues have been unsuccessful.
The State reached out to both parties today. In an email sent at 1:32p.m. today, counsel for NRC Staff asked that we include the following statement in this certification:
The NRC Staff objects to the Motion to Stay. The Staff believes that there is no reason why Vermont could not have made the arguments advanced in its Petition for Reconsideration as part of a timely reply to the Staffs and Entergys Answers to Vermonts Petition. Additionally, the Staff believes that attempting to consult on the day that a motion is to be filed is not effective consultation. For these same reasons, the Staff also objects to a 7 day extension of time for Vermont to file its reply. The Staff is of the opinion that the Board should proceed to decide Vermonts Petition without delay.
The State followed up with counsel for NRC Staff by phone and received confirmation that further consultation on this matter would not lead to NRC Staff changing its current position of opposing the States requested relief.
In an email sent at 1:44p.m. today, counsel for Entergy asked that we include the following statement in this certification:
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Entergy does not agree that the State has engaged in a sincere effort to resolve the issues raised in its motion, as required. Entergy objects to the proposed motion and reserves its right to respond.
After this email, the State again contacted counsel for Entergy and engaged in a lengthy discussion about the requested relief and whether any further consultation would change Entergys position on the requested relief. The State followed this up with another email to the parties. In response to that email, Entergy stated that it maintains the above-stated position. The State notes that Entergy has not identified any further consultations that it believes are necessary.
Notwithstanding the above, I hereby certify that the State has made a sincere effort to contact other parties in the proceeding and resolve the issues raised in the motion, and that this effort has been unsuccessful.
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 13th day of March, 2015 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR VERMONT ) Docket 50-271-LA-2 YANKEE, LLC AND ENTERGY )
NUCLEAR OPERATIONS, INC. ) March 13, 2015
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the forgoing State of Vermonts Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration, dated March 12, 2015, and Certificate of Consultation, dated March 13, 2015 have been served upon the Electronic Information Exchange, the NRCs E-filing System, in the above-captioned proceeding, this 13th day of March, 2015.
/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 13th day of March, 2015