ML20236C532

Motion for Addl Relief.* Due to Oversight,Nrc Counsel Failed to File Brief So That Other Parties Would Receive Brief on Date Filed.Requests That Appeal Board Accept Brief.Corrected Brief,Motion & Certificate of Svc Encl

ML20236C532
Person / Time
Site:	Vermont Yankee
Issue date:	03/09/1989
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20236C535	List: ML20236C532 ML20236C562 ML20236C602
References
CON-#189-8270 OLA, NUDOCS 8903220197
Download: ML20236C532 (4)

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l T. D9[QU March.9, 1989

'89 WJ113 A10:45 UNITED STATES OF AMERICA $O7EN,, Q NUCLEAR REGULATORY COMMISSION !ma ke-BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA  !

POWER CORPORATION (Spent Fuel Pool Amendment) l l

(Vermont Yankee Nuclear Power Station) l 1

l MOTION FOR ADDITIONAL RELIEF l On March 8, 1989, the NRC staff filed its brief on referral to the Appeal j Bosrd of the Licensino Board's February 2, 1989, Memorandum and Order. The briefing schedule set by the Appeal Board in its. Memorandum and Order dated l

' February 3,1989, called for the NRC staff to file its brief on March 7 j 1

1989; however, because.of early dismissal due to adverse weather conditions and the unavailability of support staff, the Staff was unable to complete its I brief as schcd;1cd. TL. Ctc.ff filed a motion with its brief in which it i

. requested the Appeal Board to accept the filing one day late. Additional relief is requested by the NRC staff, as set forth below.

The Appeal Board in the Memorandum and Order setting the briefing schedule directed that the briefs of all parties were to be received on the dates set forth in the schedule. Due to an oversih t, Staff counsel failed to file its brief so that the other parties would receive it on the date 8903220197 890309 PDR ADOCK 05000271 G PDR

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that it was filed. Staff counsel did, however, make express mail filings to the other parties so that they would receive them one day after filin.a. i The Staff became awarc of its oversight late in the day on March 8th and

. promptly hand delivered three copies to the Appeal Board shortly after 4:15 p.m.

The NRC staff regrets this failure and requests that the Appeal Board accept its Brief. The Staff also regrets any inconvenience to the parties and would, of course, not object to additional time being provided to NECNP and the Commonwealth to compensate for their not receiving the Staff's brief on the schedule set by the Appeal Board.

The caption on the cover sheet and the certificate of service indicate that the brief was filed before the Licensing Board. A corrected brief, motion and certificate of service are enclosed herewith.

Respectfully submitted, vvt L- . Sot \ hvP Ann P. Hodgdon Counsel for NRC Staff l

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'89 MR 13 N0:45 0

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SteETY AtlD LICENSING APPEAL BOARD In the Matter of VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION (Spent Fuel Pool Amendment)

(Vermont Yankee Nuclear Power )

Station)

CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION FOR ADDITIONAL RELIEF" and corrected copies of the brief, motion and certificate of service filed on March 8, 1989, 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 mail system, or as indicated by a double asterisk by use of express mail service, this 9th day of March,1989:

Charles Bechhoefer, Esq.* Gustave A. Linenberger, Jr.*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jan,es H. Carper,ter* George Dana Bisbee, Esq.

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 Andrea C. Ferster, Esq.** 1 Panel (1)* Heer,on, Curran & Tousley U.S. Nuclear Regulatory Commission 2001 S Street, N.W.

Washington, D.C. 20555* Washington, DC 20009

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George Young, Esq. George Dean, Esq.**

Special Assistant Attorney General Assistant Attorney General Vermont Depart. of Public Service Office of the Attorney General 120 State Street One Ashburton Place Montpelier, VT 05602 Boston, MA 02108 R.K. Gad, III, Esq.** Jay Gutierrez, Esq.*

Ropes and Gray Regional Counsel 225 Franklin Street USNRC, Region I Boston, MA 02110 465 Allendale Road King of Prussia, PA 19406 Christine N. Kohl, Chairman

• Dr. W. Reed Johnson

• Administrative Judge Administrative Judge Atomic Safety and Licensing Appeal 115 Falcon Drive, Board Colthurst U.S. Nuclear Regulatory Commission Charlottesville, VA 22901 Washington, D.C. 20555 Howard A. Wilber*

Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Panel (5)* Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Adjudicatory File

• Docketing and Service Section*

Atomic Safety and Licensing Board Office of the Secretary U.S. Nu:1ct" Rtgul:t y Commissior. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Virt. .

DC cA Ann P. Hodgdon Counsel for NRC Staff 1

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