ML20150D601

Joint Motion of New England Coalition on Nuclear Pollution & Commonwealth of Ma for Leave to Reply to Applicant Response to Stay Motion.* Motion Should Be Granted.W/ Certificate of Svc

ML20150D601
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	07/08/1988
From:	Ferster A HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-6695 OLA, NUDOCS 8807140063
Download: ML20150D601 (5)

Text

-

f$93 1

July 8, 1988 Ofy[IED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSW J111 A10 :48 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD YOYLTbG$$$$'

BRANCu In the Matter of )

)

Vermont Yankee Nuclear )

Power Corporation ) Docket No. 50-271-OIA

) (Spent Fuel Pool)

(Vermont Yankee Nuclear )

Power Station) )

)

JOINT MOTION OF NEW ENGLAND COALITION ON NUCLEAR POLLUTION AND THE COMMONWEALTH OF MASSACHUSETTS FOR LEAVE TO REPLY TO APPLICANTS' RESPONSE TC STAY MOTION Intervenors New England Coalition on Nuclear Pollution

("NECNP") and the. Commonwealth of Massachusetts move that the Board allow them to file a reply to Licensee's Pesponse to the Joint Motion of NECNP and the Commonwealth of Massachusetts for order staying the Effectiveness of License Amendment No. 104," (

dated June 7, 1988, and to any response to the same filed by the NRC Staff. Intervenors intend to file this reply on July 15, 1988.

s In support of this motion, Intervenors note the following

1. Counsel for Licensee and the NRC Staff have been con-tacted by telephone, and have assented to this motion. Accor- ,

dingly, neither party will be harmed by allowance of this reply.

2. According to counsel for the Licensee, a set of the new NES racks will not be installed until July 25, 1988. Accor-dingly, granting this motion for leave to reply within the time frame indicated above will not interfere with this Borrd's

%hhD P o 993

45 >

a ability to enter the requested stay in sufficient time maintain the status auo, and to otherwise protect the public interest.

3. The Licensee has raised a number of new issues, to

, which Intervenors have not had an adequate opportunity to respond. This issues include the Licensee's various challenges to the Licensing Board's jurisdiction to entertain Intervenors' stay motion at all; the impact of the Licensee's asserted inten-tion to proceed with installation of the new racks under the pur-ported authority of 10 C.F.R. 5 50.59, notwithstanding any stay of Amendment No. 104 entered by this Board; the Licensee's sug-gestion that Intervenors' stay motion was not timely filed; and the factual representations made by the Licensee's affiant, Mr.

Murphy, which purport to demonstrate cognizable injury to the Licensee if Intervenors' stay motion is granted. A reply brief should be permitted where the opposing party raises wholly new issues in its pleadings. Sgg Pucet Sound Power and Licht Co.

(Skagit/Hanford Nuclear Power Project, Units 1 and 2), 16 NRC 1329, 1332 (1982).

4. A reply is need to enable Intervenors to respond to the Licensee's suggestion that Intervenors have asserted no legally cognizable irreparable injury that will result if their stay motion is not granted. Intervenors believe that License Amendment No. 104 is an improper attempt to segment, and there-fore avoid full consideration of the environmental impacts, of the larger effort to expand the number of spent fuel rod assem-blies authorized to be placed in the Vermont Yankee spent fuel

-- c < ,

pool. This expansion raises critical safety issues, that are the subject of an admitted, unresolved safety contention, and that may be'the subject of late-filed contentions, following the Staff's issuance of an environmental assessment. Thus, the action that Intervenors seek to stay will critically affect the ultimate resolution of these issues. Where safety is at issue, special care must be exercised to allow all parties a full opportunity to be heard. Cincinnati Gas and Electric Co. (Wil-llam H. Zimmer Nuclear Station), 12 NRC 231, 232 n.1 (1980)

Accordingly, we respectfully request that the Board grant the instant joint motion for leave to r9 ply to the Licensee's response to Intervenors' joint stay motion, as well as to any response filed by the NRC Staff.

Renpectfully submitted, ,.

, 'f/ 42 Andrea Ferster

/ N HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009

'202) 328-3500

i o i CERTIFICATE OF SERVICE I certify that on July 8, 1988,. copies of the foregoing pleading were served by first-class mail on all-parties listed below.

Charles Bechhoefer, Chairman Ol* q, Atomic Safety and Licensing Board Panel &

U.S. Nuclear Regulatory Commission 3 Washington, D.C. 20555 27 Glenn O. Bright N '

. Atomic Safety and Licensing Board Panel Doctatuo

" a t U.S. Nuclear Regulatory Commission ER{((t $$

Washington, D.C. 20555 N 8

pfd r

Dr. James H. Carpenter Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission-Washington, D.C. 20555 Secretary of the Commission Attn: Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George Dean, Esq.

Assistant Attorney General Commonwealth of Massachusetts Department of the Attorney General One Ashburton Place Boston, MA 02108 David J. Mullett, Esq.

Vermont Department of Public Service 120 State Street

• Montpelier, VT 05602 Ann Hodgdon, Esq.

Office of the General Counsel Bethesda U.S. Nuclear Regulatory Commission

• Washington, D.C. 20555 Diana Sidebotham R.F.D. #2 Putney, Vermont 05346

Thomas G. Dignan, Esq.

Ropes & Gray 225 Franklin Street Boston, MA 02110 Gary J. Edles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard A. Wilber Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Geoffrey M. Huntington, Esq.

Office of the Attorney General Environmental Protection Agency State House Annex 25 Capitol Street Concord, NH 03301-6397 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission -

Washington, D.C.'20555 -

/gf///fgG- -b Andrea Ferster I

e

. . . ,