ML20154E205

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Memorandum & Order (Further Extension of Time).* Extension as Result of Negotiating W/Petitioners Re Settlement of Claims.Served on 880517
ML20154E205
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/16/1988
From: Bechhoefer C
Atomic Safety and Licensing Board Panel
To:
References
CON-#288-6287 88-567-04-OLA, 88-567-4-OLA, OLA-2, NUDOCS 8805200127
Download: ML20154E205 (3)


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00tKCTED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION 118 MY 17 N005 ATOMIC SAFETY AND LICENSING BOARD PANEL 8efore Administrative Judges OFFin N nac ;c.o 00cKCi m a, w oig, BRANCH Charles Bechhoefer, Chaiman Glenn 0. Bright Dr. James H. Carpenter SERVED MAY l 71988 In tile Matter of Docket No. 50-271-OLA-2 (Testing Requirements for VERMONT YANKEE NUCLEAR ECCS and SLC Systems)

POWER CORPORATION (ASLBPNo. 88-567-04-OLA)

(Vermont Yankee Nuclear Power Station)

May 16, 1988 MEMORANDUM AND ORDER (Further Extension of Time) 1.

On May 6, 1988, the NRC Staff filed a motion for a further extension of tim, from May 6,1988 to May 20,1988, within which to respond to the intervention petitions of the State of Vemont and the Comonwealth of Massachusetts.

(TheStaffpreviouslytelephoneda member of this Board on May 5,1988 to inform us of the request.) The Staff is seeking this extension as a result of its negotiating with the petitioners concerning settlement of their claims. The Staff advises j

that the State and Applicant / Licensee have no objection to the motion and that it has been unable to reach counsel for the Commonwealth by telephone.

Confirming informal advice provided the Staff by telephone, the Staff's motion is granted.

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In granting the Staff's request, we wish to note first that the Commission encourages the settlement of contested proceedings (10 8805200127 080516 PDR ADOCK 05000271 G

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C.F.R. I 2.759) and that the Staff's efforts in this regard are appropriate. We also note that we have previously granted the Staff three extensions of time for this purpose (through Orders dated March 17, 1988, March 23, 1988 and April 11, 1988, respectively).

Finally, the Staff's several requests for extensions of time have referred to various meetings with representatives of the State of Vermont but have not mentioned any meetings with representatives of the Connonwealth of Massachusetts.

Indeed, for each requested extension of time (including this one), the Staff advised that it had not been able to contact the Commonwealth's representative by telephone.

Although settlement of proceedings is to be encouraged, settlement of this proceeding would have to involve not only the State of Vennont but also the Commonwealth of Massachusetts. We assume that the Staff is seeking settlement both with Vermont and Massachusetts.

If the Staff should seek further extensions of time, however, we would expect to be advised concerning the status of negotiations with both petitioners.

We also note that we have not yet reached the point in this e

proceeding where proposeo contentions would be filed. That point has i

i been delayed as a result of the extensions of time granted the Staff.

If settlement negotiations do not prove fruitful in the near future, it l

may be preferable to have the petitioners s'pell out their proposed contentions, either in preparation for adjudication or as a predicate to additional settlement negotiations.

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IT IS SO ORDERED.

i FOR THE ATOMIC SAFETY AND j

Licensing Board f

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Charles Bechhoefer

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ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 16th day of May,1988, i

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