ML20059L743

NRC Staff Response to State of VT Motion for Leave to File Reply.* Licensing Board Should Grant State Motion.W/ Certificate of Svc

ML20059L743
Person / Time
Site:	Vermont Yankee
Issue date:	09/12/1990
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#490-10821 OLA-4, NUDOCS 9010010152
Download: ML20059L743 (4)

Text

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4, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

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BEFORE THE ATOMIC SAFETY AND LICENSING BOAltB' SEP 13- P3 :51 In the Matter of ) j[cNMc,D;NvE

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sRA mi j VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA-4 1 POWER CORPORATION ) (Construction Permit (

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(Vermont Yankee Nuclear Power )

Station) ) ,

NRC STAFF RESPONSE TO STATE OF VERMONTS ,

MOTION FOR LEAVE TO FIIF REPLY f

I. INTRODUCTION On August 23,1990, the State of Vermont filed a " Motion for Leave to File Reply U to Vermont Yankee's and NRC Staffs Answers to Vermont's Contention." By its motion I '

the State seeks the Licensing Board's permission to file a reply to Vermont . Yankee's -

" Answer.....to State of Vermont's Motion for Leave to Submit late-Filed Contention,"  ;

l August 8,1990, and to the NRC Staffs Response to Motion to Amend State of' J 1

Vermont Supplement to Petition to Intervene and to Accept and Admit an Additional Late Filed Contention," August 13,1990. As discussed below, the NRC Staff does not h object to the Licensing Board's granting the State's motion, o II. DISCUSSION  !

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L As support for its motion, the State cites, among other things, Vermont Yankee's filing of a volume of attachments to its answer. In the Staffs view, valuable pre hearing. l conference time might indeed be saved -- as the State represents that it will (Motion y t

at 2) -- if the Licensing Board permits the State to address Vermont Yankee's answer in writing prior to the prehearing conference. The Licensing Board should limit the State's reply to matters addressed in the responses filed by Vermont Yankee and the i

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... 2-Staff. Further, in order to assure that permitting the State to file a reply will result in the optimum benefit to the prehearing conference, the Licensing Board should establish

..a date for the conference that allows Vermont Yankee and the Staff adequate time to review the State's reply prior to the conference.

III CONCLUSION As discussed above, the Licensing Board should grant the State's motion.

Respectfully submitted, nn. . o eWA Ann P. Hodgdon Counsel for NRC Staff Dated at Rockville, Maryland-this 12th day of September,1990.

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!J' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAmm SEP 13 P3:51  ;

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In the Matter of ) DOCK [ TING 1. #d.HVICL 4 1:

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VERMONT YANKEE NUCLEAR ) Docket No. 50 271 OLA-4 ,

POWER CORPORATION ) (Construction Permit a

) Recapture) ,

(Vermont Yankee Nuclear Power- ) ,

Station)- )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO STATE OF VERMONTS -

MOTION FOR LEAVE TO FILE REPLY"in the above-captioned proceeding have been served on the following by deposit in the. United States mail, first class, or as indicated by an asterisk through' deposit in the Nuclear Regulatory Commission's internal mail system, this 12, day of September,1989:

Robert M. Iazo, Chairman Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and. Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission c Washington, D.C. 20555 Washington, D.C. - 20555 Frederick J. Shon James Volz, Esq. '

Administrative Judge Vermont Department of Public Atomic Safety and Licensing Board Service 1 Panel -120 State. Street U.S. Nuclear Regulatory Commission Montpelier, VT 05602 l Washington,. D.C. - 20555

j Atomic Safety and Licensing Board R.K. Gad, III, Esq.

Panel (1)* Ropes and Gray U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555' Washington, D.C. 20555 l

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' Office of the Secretary * ' Adjudicatory File -  :

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board ,

Washington, DC 20555 .

U.S. Nuclear Regulatory Commission Attn: Docketing and Service Section Washington, D.C. 20555 n y\ .

h e eg ho w AnnP. Hodgdon Counsel for NRC Staff L) .

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