ML15265A586

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Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24
ML15265A586
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 09/22/2015
From: Bessette P, Burdick S, Raimo S
Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Entergy Services, Morgan, Morgan, Lewis & Bockius, LLP
To:
NRC/OCM
SECY RAS
References
50-271-LA-3, ASLBP 15-940-03-LA-BD01, RAS 28308
Download: ML15265A586 (5)
v • d • e


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

)

In the Matter of: )

) Docket No. 50-271-LA-3 ENTERGY NUCLEAR VERMONT YANKEE, LLC )

AND ENTERGY NUCLEAR OPERATIONS, INC. )

) September 22, 2015 (Vermont Yankee Nuclear Power Station) )

)

ENTERGYS UNOPPOSED MOTION TO EXTEND THE TIME TO APPEAL LBP-15-24 By way of background, Entergy Nuclear Operations, Inc. submitted a license amendment request (LAR) on September 4, 2014 seeking approval from the Nuclear Regulatory Commission (NRC) to delete certain conditions in the Vermont Yankee Nuclear Power Station (Vermont Yankee) operating license related to nuclear decommissioning trust funds, and instead comply with requirements in 10 C.F.R. § 50.75(h).1 In response to a February 17, 2015 Federal Register notice,2 the State of Vermont (State) filed a Petition for Leave to Intervene and Hearing Request challenging the LAR.3 The Atomic Safety and Licensing Board (Board) 1 BVY 14-062, Letter from C. Wamser, Entergy, to NRC Document Control Desk, Proposed Change No. 310 -

Deletion of Renewed Facility Operating License Conditions Related to Decommissioning Trust Provisions (Sept. 4, 2014) (LAR), available at ADAMS Accession No. ML14254A405.

2 Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 80 Fed. Reg. 8355, 8359 (Feb. 17, 2015) (Notice of Proposed Action).

3 State of Vermonts Petition for Leave to Intervene and Hearing Request (Apr. 20, 2015). The State also later filed a motion seeking to proffer a new contention and additional bases for pending contentions. See State of Vermonts Motion for Leave to File a New Contention Including the Proposed New Contention and to Add Additional Bases and Support to Existing Contentions I, III, and IV (July 6, 2015).

issued LBP-15-24 on August 31, 2015 granting the hearing request and admitting two contentions.4 Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

(Entergy) disagree with the Boards decision in LBP-15-24 and have been considering appealing LBP-15-24 to the Commission. The NRC Staff also could decide to appeal LBP 24. Such appeals are authorized by 10 C.F.R. § 2.311. Under 10 C.F.R. § 2.311(b), and the terms of LBP-15-24,5 Entergy and the NRC Staff have 25 days after the August 31, 2015 service of LBP-15-24 (until September 25, 2015) to appeal the Boards decision.

Additionally, Entergy now has determined that maintaining the existing license conditions that would have been removed by the LAR represents a manageable administrative burden and is allowed by the NRC regulations.6 Therefore, Entergy submitted a motion to the Board earlier today seeking to withdraw the LAR pursuant to 10 C.F.R. § 2.107(a) (Withdrawal Motion).7 With this background, Entergy submits this unopposed Motion, pursuant to 10 C.F.R. §§ 2.307 and 2.323, to extend the time for Entergy and the NRC Staff to file appeals of LBP-15-24 with the Commission under 10 C.F.R. § 2.311, pending the outcome of the Withdrawal Motion.

Specifically, Entergy requests that the Commission extend the deadline for such appeals until 10 days after the Boards ruling on the Withdrawal Motion. For the reasons discussed below, Entergy has good cause under 10 C.F.R. § 2.307(a) to extend the deadline for the appeals.

4 See Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), LBP-15-24, 82 NRC __, __ (slip op.) (Aug. 31, 2015).

5 Id. at 45.

6 See 10 C.F.R. § 50.75(h)(5); see also Decommissioning Trust Provisions, 67 Fed. Reg. 78,332, 78,335 (Dec.

24, 2002) (licensees will have the option of maintaining their existing license conditions or submitting to the new requirements).

7 Entergys Motion to Withdraw Its September 4, 2014 License Amendment Request (Sept. 22, 2015).

2

As noted above, Entergy submitted the Withdrawal Motion to the Board earlier today seeking to withdraw the LAR that is the subject of LBP-15-24. Entergy anticipates that the Board will grant the withdrawal request,8 which would moot this proceeding9 and obviate the need for any appeal of LBP-15-24. This would save significant resources of the parties and the Commission. Nonetheless, uncertainty remains regarding the nature of the Boards ruling on the Withdrawal Motion and the Board may not rule on the Withdrawal Motion prior to September 25, 2015, the last day for Entergy and the NRC Staff to appeal LBP-15-24.10 Entergy desires to preserve any rights regarding appeals of LBP-15-24 until it has considered the outcome of the Withdrawal Motion. Extending the appeal deadline, rather than requiring Entergy and the NRC Staff to submit appeals under 10 C.F.R. § 2.311 that likely will be unnecessary, will preserve the resources of Entergy and the NRC Staff in preparing appeals, the resources of the State in responding to any appeals, and the resources of the Commission in considering any appeals.

For these reasons, good cause exists to extend the time for Entergy and the NRC Staff to appeal the Boards decision in LBP-15-24 to the Commission under 10 C.F.R. § 2.311, until 10 days after the Boards ruling on Entergys September 22, 2015 Withdrawal Motion.

Accordingly, Entergy requests that the Commission grant this Motion.

8 See, e.g., Sequoyah Fuels Corp. (Source Material License No. SUB-1010), LBP-93-25, 38 NRC 304, 315-16 (1993) (discussing an applicants unqualified right to withdrawal absent legal prejudice), affd, CLI-95-2, 41 NRC 179 (1995).

9 The scope of the proceeding is limited to the LAR. See Notice of Proposed Action, 80 Fed. Reg. at 8359.

10 See Vermont Yankee, LBP-15-24, 82 NRC at __ (slip op. at 45); 10 C.F.R. § 2.311(b).

3

Counsel for Entergy certifies under 10 C.F.R. § 2.323(b) that the movant has made a sincere effort to contact the other parties in this proceeding and resolve the issues raised in this Motion. Neither the NRC Staff nor the State objects to this Motion to extend the time to file appeals of LBP-15-24.

Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)

Susan H. Raimo, Esq. Paul M. Bessette, Esq.

Entergy Services, Inc. Stephen J. Burdick, Esq.

101 Constitution Avenue, N.W. Morgan, Lewis & Bockius LLP Washington, D.C. 20001 1111 Pennsylvania Avenue, N.W.

Phone: (202) 530-7330 Washington, D.C. 20004 Fax: (202) 530-7350 Phone: (202) 739-5796 E-mail: sraimo@entergy.com Fax: (202) 739-3001 E-mail: pbessette@morganlewis.com E-mail: sburdick@morganlewis.com Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Dated in Washington, DC this 22nd day of September 2015 4

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

)

In the Matter of: )

) Docket No. 50-271-LA-3 ENTERGY NUCLEAR VERMONT YANKEE, LLC )

AND ENTERGY NUCLEAR OPERATIONS, INC. )

) September 22, 2015 (Vermont Yankee Nuclear Power Station) )

)

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that, on this date, copies of the foregoing Entergys Unopposed Motion to Extend the Time to Appeal LBP-15-24 were served upon the Electronic Information Exchange (the NRCs E-Filing System) in the above-captioned proceeding.

Signed (electronically) by Ryan K. Lighty Ryan K. Lighty, Esq.

Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.

Washington, D.C. 20004 Phone: (202) 739-5274 Fax: (202) 739-3001 E-mail: rlighty@morganlewis.com DB1/ 84726360

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