ML20216D465

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.* Denied for Appeal Board on 870623.W/Certificate of Svc

ML20216D465
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-#287-3862 OLA, NUDOCS 8706300531
Download: ML20216D465 (3)

Text

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'% O g 374 L HP DENIED

'87 JUN 25 P12:23 For the Appeal Board UNITED STATES 20F. AMERICA i

h lJ.M tY O LL* - --

NUCLEAR REGULATORY;.C.OMMISSION 5eCretary10the Appe iBoar BEFORE THE ATOMIC SAFETY LICENSING APPEAL BOARD Jgg2315 in the Matter of )  ;

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VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION )

) ,

(Vermont Yankee Nuclear Power )

Station) i 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 i

1. INTRODUCTION l On June 22, 1987, counsel for New England Coalition on Nuclear Pollution (NECNP) telephoned the Staff, requesting its acquiescence in NECNP's request for an extension of time until July 1,1987, in which to 1

file its brief in response to the Applicant Vermont Yankee Nuclear Power l Corporation's brief on an appeal pursuant to 10 C.F.R. S 2.714a of the Licensing Board's Prehearing Conference Order of May 26, 1987. Staff counsel stated that it had no objection to NENCP's request, provided that the NRC Staff was also extended the same amount of time and that NECNP so stated in its motion.

On June 23, 1987, htaff counsel received a telephone call from the Appeal Board's secretary, who read to counsel an order granting for good cause shown the re!!ef requested by NECNP and explicitly denying the same relief to the Staff for failure to show good cause.

8706300531 870623 a.

PDR ADOCK 05000271 (/

0 PDR

'4', '4 g 2-II. DISCUSS'lON 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 thatJ good cause. had been shown had It not expected. equal -

treatment and thus might have opposed NECNP's motion, which it' has not

-' yet seen.

- The' Commission's regulations in 10 C.F. R. 6 2.714 require that. -]

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motions- responsive to 10 C.F.R. 6. 2.714a appeals be: filed simultaneously.

By granting NECNP's motion and refusing the same: relief to - the Staff, q the Appeal Board has created a framework whereby NECNP by filing'later will be able to respond to the Staff'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 co'nsideration underlying 10 C.F.R. 9.2.714a, with its shorter time frames : that those allowed for 10 C.F.R.. -

1' 9 2.762 appeals, would have been .disserved.

111. 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 until. 1 1

July 1, 1987. ,l q

Respectfully subnitted, r~

M $ . j' O NI M ,

i

-Ann P. Hodgdon .

Counsel for t@C Staff" ,

1 Dated at Bethesda, Maryland :l' this. 23rd day of June' :1987-

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, 'r!'

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-

'87 JUN 25 P12:23 l ATOMIC SAFETY AND LICENSING APPEAL BOARD j OF4

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) 00Ct.! (

In the Matter of )  ;

} l VERMONT YANKEE NUCLEAR POWER ) Docket No. 50-271-OLA 1 CORPORATION ) l

) i (Vermont Yankee Nuclear Power ) l Station) ) J

)

q CERTIFICATE OF SERVICE i

)

I hereby certify that, on this 23th day of June,-1987, I a copy of the Appeal Board's denial by stamp endorsement of )

the "NRC Staff's Motion for Reconsideration of the Appeal )

Board's Motion Extending NECNP's Time to Respond; NRC j Staff's Motion for Extension of Time," dated June 23, 1987, j was mailed to each of the following:

Thomas G. Dignan,.Jr., Esq. Ann P. Hodgden, Esq.

Kathryn A. Selleck, Esq. Office of the General Ropes & Gray Counsel /Bethesda 225 Franklin Street U.S. Nuclear Regulatory  ;

Boston, MA 02110 Commission- '

Washington, DC 20555 j David J. Mullet, Esq. l Vermont. Department of Geoffrey M. Huntington, Esq. j Public Service Office of the General I 120 State Street Counsel 2 Montpelier, VT 05602 Environmental Protection Bureau Ellyn R. Weiss, Esq. State. House ~ Annex Harmon & Weiss 25' Capitol' Street Suite 430 Concord, NH 03301-6397 2001 S' Street, NW.

Washington, DC 20009 Docketing and Service Branch Office of the-Secretary  ;

George Dean, Esq. U.S. Nuclear. Regulatory' Assistant' Attorney General Commission ~

Environmental Protection Washington, DC 20555  ;

Division '

Department of the Attorney 1 General One~Ashburton Place i Boston, MA'02108 C. Je rSh6emaker. '

'Secre{Aryto.theAppealBoard.

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