ML15075A306
| ML15075A306 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 03/16/2015 |
| From: | Kennedy M, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | State of VT, Dept of Public Service |
| SECY RAS | |
| References | |
| 50-271-LA-2, RAS 27374, TBD | |
| Download: ML15075A306 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Paul S. Ryerson, Chairman Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket No. 50-271-LA-2 ENTERGY NUCLEAR VERMONT YANKEE, LLC, AND ENTERGY NUCLEAR ASLBP No. 15-937-02-LA-BD01 OPERATIONS, INC.
March 16, 2015 (Vermont Yankee Nuclear Power Station)
ORDER (Denying Motion to Stay the Proceeding and Extending Deadline for Reply)
The Vermont Department of Public Service, on behalf of the State of Vermont, moves for a stay in this proceeding while the Commission considers a Petition for Reconsideration related to the Commissions approval of certain exemptions from emergency planning requirements at the Vermont Yankee Nuclear Power Station.1 Alternatively, Vermont requests a seven-day extension of time to file its reply brief.2 NRC Staff and Entergy oppose Vermonts Motion.3 NRC Staff argues that Vermont did not provide enough time for effective consultation because it consulted with the other parties on the day the motion was submitted, and also argues that Vermont had enough time to file a 1
Vermont originally filed its motion on March 12, 2015. See State of Vermonts Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration (Mar. 12, 2015)
[hereinafter Motion to Stay]. The State refiled its motion after the Board denied the first for failure to comply with the consultation requirement of 10 C.F.R. § 2.323(b). State of Vermonts Notice of Refiled Motion (Mar. 13, 2015); see Licensing Board Order (Denying Motion to Stay the Proceeding) (Mar. 13, 2015) (unpublished).
2 Motion to Stay at 2.
3 Certificate of Consultation (Mar. 13, 2015).
reply using the same arguments made in its Petition for Reconsideration.4 Entergy agrees with the Staff that the motion should be rejected for failure to offer enough time for consultation.5 Entergy also argues that the motion should be denied because there is nothing to stay and Vermont has failed to address the standards for seeking a stay under 10 C.F.R. § 2.342(e).
The Board denies Vermonts Motion to Stay. There has been no action or decision in this proceeding that can be stayed,6 nor has Vermont explained how its motion satisfies any of the four factors for granting a stay listed in 10 C.F.R. § 2.342(e).
Vermont has not explained why a seven-day extension is necessary for the filing of its reply brief. Because the Board would benefit from completed briefing in this proceeding, the Board sets Tuesday, March 17, 2015, at 5pm EDT as the deadline for the reply. There will be no further extensions.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Dr. Michael F. Kennedy ADMINISTRATIVE JUDGE
/RA/
Dr. Richard E. Wardwell ADMINISTRATIVE JUDGE Rockville, Maryland March 16, 2015 4
Id. at 1. The NRC Staffs answer to the Motion was not due until March 23, see 10 C.F.R.
§ 2.323(c), but the Board is aware of the Staffs opposition based on its consultation statement and has chosen to expedite the process to ensure a timely decision on contention admissibility.
5 Entergys Answer Opposing State of Vermonts Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration at 2-3 (Mar. 13, 2015).
6 See 10 C.F.R. § 2.342(a).
7 Judge Ryerson was not available to participate in this decision.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, LLC ) Docket No. 50-271-LA-2 AND ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Denying Motion to Stay the Proceeding and Extending Deadline for Reply) have been served upon the following persons by the Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3 F23 Mail Stop: O15D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul S. Ryerson, Chairman Beth Mizuno, Esq.
Paul.Ryerson@nrc.gov Mitzi Young, Esq.
Jeremy Wachutka, Esq.
Dr. Michael F. Kennedy Edward Williamson, Esq.
Michael.Kennedy@nrc.gov John Tibbetts, Paralegal beth.mizuno@nrc.gov Dr. Richard E. Wardwell mitzi.young@nrc.gov Richard.Wardwell@nrc.gov jeremy.wachutka@nrc.gov edward.williamson@nrc.gov john.tibbetts@nrc.gov Nicole Pepperl, Law Clerk Vermont Department of Public Service Nicole.Pepperl@nrc.gov 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Aaron Kisicki, Esq.
aaron.kisicki@state.vt.us U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4M Washington, DC 20555-0001 ocaamail@nrc.gov
DOCKET NO. 50-271-LA-2 ORDER (Denying Motion to Stay the Proceeding and Extending Deadline for Reply)
U.S. Nuclear Regulatory Commission Entergy Services, Inc.
Office of the Secretary of the Commission 101 Constitution Ave., NW Mail Stop: O-16C1 Washington, DC 200012133 Washington, DC 20555-0001 Susan Raimo, Esq.
Hearing Docket sraimo@entergy.com hearingdocket@nrc.gov Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue NW Washington, DC 20004 Raphael P. Kuyler, Esq.
Paul M. Bessette, Esq.
Grant Eskelsen, Esq.
rkuyler@morganlewis.com pbessette@morganlewis.com geskelsen@morganlewis.com
[Original signed by Brian Newell ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of March, 2015 2