ML20236N780

New England Coalition on Nuclear Pollution & Commonwealth of Ma Joint Motion for Extension of Time to File Petitions for Reconsideration of ALAB-869 or in Alternative for Certification.* Certificate of Svc Encl

ML20236N780
Person / Time
Site:	Vermont Yankee
Issue date:	07/30/1987
From:	Trafficante J, Weiss E HARMON & WEISS, MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#387-4154 ALAB-869, OLA, NUDOCS 8708120106
Download: ML20236N780 (5)

Text

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" July 30, 1987 g g, ; j uwe 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1

'87 AUG -3 P12:22 L Before the Atomic Safety and Licensing Appeal Board I 0Fi: .. n j,

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'In the Matter of ) 4

) l LVermont Yankee Nuclear )

Power Corporation ) Docket No. 50-271-OLA .

, ) ,

(Vermont Yankee Nuclear- ) ,

Power Station). )

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NECNP AND COMMONWEALTH OF MASSACHUSETTS' JOINT MOTION FOR EXTENSION OF TIME TO FILE PETITIONS FOR RECONSIDERATION OF ALAB-869 OR IN THE. ALTERNATIVE FOR CERTIFICATION i NECNP and the Commonwealth of Massachusetts hereby request an extension of' time.to file. Petitions for Reconsideration of E ALAB-869, or:in the Alternative for Certification until Monday, Aucust 10. 1987. . The.following reasons support this request:

"ALAB-869, which dismissed all but one contention from this proceeding,fis dated July 21, 1987 and was served on July 22.,-

1987.- NECNP sent a messenger to pick up the decision on July.22, 1987. While it was' delivered to Massachusetts on Saturday, July

-25, it was not received by the Commonwealth's attorneys until

~

Monday, July 27.

.The applicable time limit for Petitions for Reconsideration

. . is "10 days after the date of the decision." Our reading of the rules is that the additional five days provided under 5 2.710 for .

l computation of deadlines when service is by mail may not apply in ]

this'* case b 4:ause the time for a petition for reconsideration runs from "date of decision."

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The ten ~ days from date cf-decision provides' Massachusetts p

with only five working days and NECNP with eight, including the-day in-which the' filing must be made.

L, That-already short time is particularly insufficient in'tnis, L

- case because the critical issue upon which the Board rested its

' decision regarding' Contention 2 was not' raised or briefed by.the Applicant'orfstaff.1 Therefoie, NECNP and Massachusetts have had

~ no prior opportunity to be heard on these points or to research and brief the issue'of whether a serious spent fuel accident is

- "by definition" remote and speculative _and thus'not litigable "as

,-a matter of law under NEPA." ALAB-869, Sl.Op. at 27 and n. 28 at 29.' This questico requires substantial research of caselaw and NRC precedent. ,

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1 Under 9 2.714a, NEChP and Massachusetts were only given the opportunity to respond to Applicants arguments, all of which were summarily rejected by the Appeal Board. ALAB-869, Sl.Op.

at 25-26. In addition while the Staff's argument may have "come closer," as the Board suggests (Id. at 26) the central question ruled upon by.the Appeal Board was never fairly pre-sented to NECNP or Massachusetts for response.  ;

)

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. For the. foregoing reason, NECNP and Massachusetts request an

. extension until'Aucust 10, 1987 to present petitions for reconsideration or certification.

By:

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YT1y( 3/ Weiss RARMON & WEISS 2001 "S" Street, N.W.

Suite 430 Washington, D.C. 20009 (202) 328-3500 Counsel for NECNP

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Joh6/Trafficante Assistant Attorney General Commonwealth of Massachusetts i

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UNITED STATES OF AMERICA ;y,g; ,

NUCLEAR REGULATORY COMMISSION u ,@c

'Before'the Atomic Safety and Licensing Appeal Board

~

'87 AUG '-3 R2 :22

. )

In the Matter of ) gn , ,

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sc6i'i m . 4 rf Vermont Yankee Nuclear ) Eh m >

Power Corporation ) Docket No. 50-271-OLA r . )

(Vermont Yankee Nuclear )

Power Station) )

)

CERTIFICATE OF SERVICE The undersigned certifies that on, July 30, 1987 "NECNP and Commonwealth of Massachusetts' Joint Motion for Extension of Time

'r to File Petitions for Reconsideration of ALAB-869 or in the E . Alternative-for. Certification," were served on-t ehfollowing c

' parties to this case by,first class mail or as otherwise desig-k nated:

~Ch'arles Bechhoefer, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory' Commission Washington, D.C. 20555 Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Secretary of the Comnission 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

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i . . - 4 L'-

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George Dean,.Esq.

! Assistant ~ Attorney General Commonwealth of Massachusetts l ,

. Department of the Attorney General -

One Ashburton Place Boston,'MA 02108 Daniel 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

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• hand delivered

• • overnight mail

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