ML20062H671

NRC Staff Response to State of VT Motion to File Reply.* Staff Believes That Matter Should Be Resolved as Soon as Possible & Not Defer Resolution of Matter Until After Not Yet Scheduled Prehearing Conference.W/Certificate of Svc

ML20062H671
Person / Time
Site:	Vermont Yankee
Issue date:	11/01/1990
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#490-11104 OLA-4, NUDOCS 9012050224
Download: ML20062H671 (4)

Text

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W ///0 4 NOV 1 1990  ;

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UNITED STATES OF AMERICA  !

NUCLEAR-REGULATORY COMMISSION  :

'90 ll0y -1 P 3 :22 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '

in the Matter of i]cN'N,5N F"J' '"  !

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VERMONT YANKEE NUCLEAR ) Docket No. 50 271 OLA 4 l POWER CORPORATION )  ;

) (Operating License Extension)

(Vermont Yankee Nuclear Power )

Station) )  ;

NRC STAFF RESPONSE TO STATE  !

OF VERMONTS MOTION TO FH F REPLY On October 18, 1990, the State of Vermont filed a " Motion for Leave to File Reply to NRC Staffs Response to Vermont Yankee's Motion to Compel." In the motion, the State of Vermont requests the Licensing. Board's permission to file a written reply to the "NRC Staff Response to. Licensee's - Motion to Compel Production of Documents," filed October 2,1990.' In the alternative, the State 'of Vermont requests that Vermont Yankee's Motion to Compel be included in the oral argument previously scheduled for_ August 22,1990, which has been postponed and t

not yet rescheduled.

The NRC Staff does not object to the State's being granted permission to file-  :

_ a reply to the Staffs response, prm'ided : the record of the proceeding , not unduly 2 I

j burdened and the proceeding itself is not unnecessarily delayed.- For these reasons, ~i l

any. order permitting the State to respond should be conditioned to provide that the l

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State's reply not exceed the number of pages filed by the Staff, namely, five pages,  ;

and that it be filed.within five days of the Board order. J As regards the. alternative - 4 request, the Staff believes that the matter should be resolved as soon as possible and j l

9012050224 901101 S', .f l.

' I!ESIGNATED ORIGINE PDR ADOCK 05000271 L s o PDR L. g p ,, p- ,

does not, therefore, believe it appropriate to defer resolution of this matter until after a not yet scheduled prehearing conference.

Respectfully submitted, Nw, cl k%

Ann P. Hodgdon Counsel for NRC Staff j Date at Rockville, Maryland ,

this 1st day of November,1990 t e

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o UNITED STATES OF AMERICA I~

u P I NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOA 1rn gy -1 P3 :22  !

In the Matter of kSt.Iilil 4

VERMONT YANKEE NUCLEAR ) Docket No. 50 271 OLA 4 POWER CORPORATION )' ,

) (Operating License Extension)

(Vermont Yankee Nuclear Power )

Station) )

t CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO STATE OF VERMONTS MOTION 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 ma, system, this 1st day 1 of November,1990: ,

~

Robert M. Lazo, 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 - Cammission i

Washington, D.C. 20555 Washington, D.C, 20555 Frederick J. Shon* James Volz, Esq.

Administrative Judge Vermont Dep~artment of Public Atomic Safety and Licensing Board Senice Panel. 120 State Street U.S. Nuclear Regulatory Commission ' Montpeller, VT ' 05602 Washington, D.C. 20555 Atomic Safety and Licensing Board R'.K." Gad, III, Esq.-

Panel (1)* - Ropes and Gray-  :

U.S. Nuclear Regulatory Commission- One International Place; l Washington, D.C. _20555' Boston, MA' 02110 2624  !

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s 2-l Office of the Secretary' Adjudicatory File' U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board ,

Washington, DC 20555 U.S. Nuclear Regulatory Commission r 4

Attn: Docketing and Service Section Washington, D.C. 20555 b

M t/ th FID 4 V Ann P. Hodgdon~

Counsel for NRC Staff P

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