ML15163A333

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the State of Vermont'S Notice of Appeal of Atomic Safety and Licensing Board'S May 18, 2015 Memorandum and Order Denying Petition for Leave to Intervene and Hearing Request
ML15163A333
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 06/12/2015
From: Kisicki A
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LA-2, ASLBP 15-937-02-LA-BD01, RAS 27943
Download: ML15163A333 (3)


Text

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

) Docket No. 50-271-LA-2 ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 15-937-02-LA-BD01 NUCLEAR OPERATIONS, INC. )

) June 12, 2015 (Vermont Yankee Nuclear Power Station) )

THE STATE OF VERMONTS NOTICE OF APPEAL OF ATOMIC SAFETY AND LICENSING BOARDS May 18, 2015 MEMORANDUM AND ORDER DENYING PETITION FOR LEAVE TO INTERVENE AND HEARING REQUEST Pursuant to 10 CFR § 2.311(b) and (c), 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) May 18, 2015 Memorandum and Order (Order) denying the States February 9, 2015 Petition to Intervene and Hearing Request (Petition). The State contends that the ASLB erred denying the States Petition. The Board acted prematurely and in an arbitrary and capricious manner when it found that the States Contention One was moot in advance of the NRCs reconsideration of Entergys related exemption request. It also erred in finding that the States Contention Two did not provide sufficient information to show that a genuine dispute exists with Entergy on a material issue of fact or law. Lastly, the ASLB should have properly found that a hearing right on the related exemption request was triggered pursuant to federal law and NRC precedent.

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 12th day of June, 2015 2

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

) Docket 50-271-LA-2 ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 15-937-02-LA-BD01 NUCLEAR OPERATIONS, INC. )

) June 12, 2015 (Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the State of Vermonts Notice of Appeal of Atomic Safety and Licensing Boards May 18, 2015 Memorandum and Order Denying Petition For Leave To Intervene And Hearing Request, dated June 12, 2015, have been served upon the Electronic Information Exchange, the NRCs E-filing System, in the above-captioned proceeding, this 12th day of June, 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 12th day of June, 2015