ML20216D403

NRC Staff Motion for Reconsideration of Appeal Board Motion Extending New England Coalition on Nuclear Pollution Time to Respond;Nrc Staff Motion for Extension of Time.* W/ Certificate of Svc

ML20216D403
Person / Time
Site:	Vermont Yankee
Issue date:	06/23/1987
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#287-3861 OLA, NUDOCS 8706300517
Download: ML20216D403 (4)

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( Oqt t.E.iy UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 JUN 24 P2 :55 BEFORE THE ATOMIC SAFETY L! CENSING APPEAL BOARD pr:

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In the Matter of )

3 i VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA 1 POWER CORPORATION ) j

) l (Vermont Yankee Nuclear Power )

Station)

NRC STAFF'S MOTION FOR RECONSIDERATION OF THE APPEAL BOARD'S MOTION EXTENDING NECNP'S TIME TO' RESPOND: NRC STAFF'S MOTION FOR EXTENSION OF-TIME

l. INTRODUCTION On June 22, 1987, counsel for New England Coalition on Nuclear j

Pollution (NECNP) telephoned the Staff, requesting its acquiescence in j NECNP's request for an extension of time until July 1,1987, in which to file its brief in response to the Applicant Vermont Yankee Nuclear Power Corporation's brief on an appeal pursuant to 10 C.F.R. 5 2.71tla of the Licensing Board's Prehearing Conference Order of May 26; 1987. Staff I counsel stated that it had no objection to NENCP's request, provided that 1 t

the NRC Staff was also extended the same amount of time and that NECNP i

so stated in its motion. l I

On June 23, 1987, Staff counsel received a telephone call from the '

Appeal Board's secretary, who read to counsel an order granting for good cause shown the relief requested by NECNP and explicitly denying the same relief to the Staff for failure to show good cause. ,

8706300517 870623 1 DR ADOCK 0500 -

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II. DISCUSSION The Staff requests Appeal Board ,to reconsider this matter as

the Staff. believes that under the circumstances it should have been given an ! opportunity to respond , to' NECNP's~ motion. The Staff would not have

- agreed 'that _ good cause had been shown had it not' expected equal treatment and thus might have opposed NECNP's motion, which it has not h yet seen.

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The Commission's regulations in 10 C. F. R. 5 2.714 require- that motions'~ responsive to 10 C.F.R. 5 2.714a appeals be filed simultaneously.

By granting ~ NECNP!s motion and refusing the same' relief to the Staff, the Appeal Board has created a framework whereby NECNP by filing later-will be : able to respond to 'the Stsff's brief.' For the ' Staff to be able; to respond ~ to NECNP's brief, it will need to seek the Appeal; Board's permission to file a reply. Thus, the consideration underlying;10 C.F.R. q f 2.714a, with -its shorter time frames' that those' allowed for l'0 C.F.R. .

i 5 2.762 appeals,. would have .been- disserved.- J J

III. - CONCLUSION Accordingly,. the Staff moves the- Appeal . Board to reconsider its order of June 23, 1987, insofar 'as it - denies the ' Staff the; relief granted to NECNP and to extend the time for filing. of the. Staff's. brief: un'tll' July 1, 1987.

Respectfully submltted, O

Counsel for MC Staff Dated at Bethesda, Maryland' '

this -23rd day of June,1987 r ii .ig ,,...,._m & . . . . . i 4. - -. r

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'I b'1(i) ww UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .OI' AN 24 P 2 :55 i

REFORE THE ATOMIC SAFETY. AND LICENSING BOARD _ )

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In the Matter of , )

) l Vermont Yankee Nuclear Power ) Docket No. 50-271-OLA {

Power. Corporation ) i

-) j (Vermont Yankee ' Nuclear Power ) I Station) 1 CERTIFICATE OF SERVICE i hereby certify that copies of "NRC STAFF'S MOTION FOR RECONSID-ERATION OF THE APPEAL BOARD'S MOTION EXTENDING NECNP'S TIME  !

TO RESPOND: NRC STAFF'S VOTION FOR EXTENSION OF TIME" in the l above-captioned proceeding have been served on the following by deposit l in the United States mail, first class, or as indicated by an asterisk j through deposit in the Nuclear Regulatory Commission's internal mall sys- i tem, or as indicated by double asterisks (**) by hand delivery, this' 23rd.  ;

day of June,1987: j Charles Bechhoefer, Esq. Mr. Glenn O. Bright Administrative Judge Administrative Judge j Atomic Safety and Licensing Board Atomic Safety' and Licensing Board 1 U.S. Nuclear Regulatory Commission - U.S. Nuclear Regulatory Commission Washington , D.C. 20555* Washington, D.C. '20555*  !

Dr. James H. Carpenter George Dana Bisbee Administrative Judge Senior Assistant Attorney General Atomic Safety and Licensing Board Environmental Protection Bureau U.S. Nuclear Regulatory Commission 25 Capitol Street Washington, D.C. 20555* Concord, NH 03301-6397 Atomic Safety and Licensing Board Ellyn R. Weiss, Esq. <

U.S. Nuclear Regulatory Commission Harmon r, Weiss Washington, D.C. 20555* 2001 S Street, N.W..

Washington, D.C. 20009 David J. Mullett, Esq. Carol S. Sneider, Esq.

Special Assistant ' Attorney General. Assistant. Attorney-General Vermont Depart, of Public Service Office of the Attorney Central 120 Jtate Street One Ashburton Place,19th Floor ,

Montpelier, VT 05602 Boston, MA 02108

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John A. Ritscher, Esq. Jay Gutierrez lI Ropes and Gray Regional Counsel 1 225 Franklin Street USNRC, _ Region . I. l Doston, MA 02110 631 Park Avenue j King of Prussia,' PA' 19406 -

Atomic Safety and Licensing Appeal Docketing and Service Section Office of the Secretary

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Board Panel J U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission {

Washington, D.C. 20555** . Washington, D.C. - 20555* ' j 1

[ vtxL Ann P. Hodgdon

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