ML20238A622

NRC Staff Motion to Hold in Abeyance Filing of Responses to Applicant Petition for Review of ALAB-869 Pending Appeal Board Action on Reconsideration.* Motion Should Be Denied Pending Motion for Reconsideration.W/Certificate of Svc

ML20238A622
Person / Time
Site:	Vermont Yankee
Issue date:	08/14/1987
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#387-4239 ALAB-869, OLA, NUDOCS 8708210028
Download: ML20238A622 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 AUG 17 A9 :08 j BEFORE THE COMMISSION BU; In the Matter of ). f

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

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POWER CORPORATION ) '(Spent Fuel Pool Amenon.ent) - -

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(Vermont Yankee Nuclear Power )

Station) )

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NRC STAFF'S MOTION TO HOLD IN ABEYANCE THE FILING OF RESPONSES TO APPLICANT'S PETITION FOR REVIEW OF ALAB-869 -PENDING APPEAL BOARD ACTION ON RECONSIDERATION Ann P. Hodgdon Counsel for NRC Staff l August 14, 1987

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8708210028 870814 PDR ADOCK 05000271 G '

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l UNITED STATES OF AMERICA

!. NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION l 1

< i In-the Matter of ) j I

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l VERMONT YANKEE NUCLEAR. ) Docket No. 50-271-OLA  !

POWER CORPORATION ) (Spent Fuel Pool Amendment)

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(Vermont Yankee Nuclear Power )

l Station) )

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1 NRC STAFF'S MOTION TO HOLD IN ABEYANCE d J

THE FILING OF RESPONSES TO APPLICANT'S PETITION FOR REVIEW OF ALAB-869 PENDING APPEAL BOARD ACTION ON RECONSIDERATION j

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l Ann P. Hodgdon Counsel for NRC Staff l

August 14, 1987 I l

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UNITED STATES' OF AMERICA l

NUCLEAR REGULATORY COMMISSION ,

BEFORE THE COMMISSION  ;

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i in the Matter of )

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

, POWER CORPORATION ) (Spent Fuel Pool Amendment) )

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(Vermont Yankee Nuclear Power )

Station) )

NRC STAFF'S MOTION TO HOLD IN ABEYANCE THE FILING OF RESPONSES TO APPLICANT'S PETITION FOR DEVIEW OF ALAB-869 PENDING  !

APPEAL BOARD ACTION ON RECONSIDERATION  !

1. INTRODUCTION On July 21, 1987, the Appeal board issued ALAB-869 II on Applicant Vermont Yankee Nuclear Power Corporation's (Vermont Yankee) appeal j pursuant to 10 C.F.R. 6 2.714a of a Licensing Board decision that admitted New England Coalition for Nuclear Pollution (NECNP) and the Commonwealth nf Massachusetts (Commonwealth) as interveners and that admitted three contentions for consideration in a hearing on Vermont Yankee's application to expanti its spent fuel pool capacity by reracking. 2_/ In ALAB-869, the i

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Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear Power Station), ALAB-869, 26 NRC (July 21, 1987).

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Vermont Yankee Nuclear Powr, Corporation (Vermont Yankee Nuclear Power Station), LBP-87-17, 25 NRC (May 26,1987).

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l Appeal Board sustained the - Licensing Board's admission of one safety-contention and' reversed its admission of two ' environmental contentions, q l' On ' July' 30,1987, NECNP and the Commonwealth Jointly filed a motion l .

requesting an extension of time ui.tli August 10,'-T987, to file motions for I

reconsideration of one portion of ALAB-869 or, in the alternative, for certification. On' July. 31, 1987, the Appeal Board granted the joint motion c

I for extenslun' of time. {

l On August 7, 1987, Applicant Vermont Yankee ' filed a petition . for ]

1 Commission review of A LAB-869 pursuant to 10 C.F.R. 9 2.758. On )

i August 10, 1987, NECNP filed with the Appeal Board a " Petition for l

Reconsideration or, in the Alternative, to Certify a Question to the Commission."  ;

On August 12, 1987,. the Appeal Board issued an order directing that.

responses to NECNP's petition for reconsideration be filed and establishing ~!

1 a schedule for those responses. J II. DISCUSSION 1

Even though the subject matter of Applicant Vermont Yankee's petition ]

for Commission review is different from that of NECNP's petition for Appeal Board reconsideration, the Commission should not take review of the Appeal )

l Board's treatment of Contention 1, the subject of the Applicant's petition, j at this time. The pending motion for reconsideration may result in modification of the holdings in A LAB-869, in additional requests for )

j Commission action or a different procedural setting. The interests of 1 Judicial economy and efficiency dictate that the Commission hold in abeyance l

any review of ALAB-869 that it might conduct pending Appeal Board action on reconsideration.

Ill. THE MOTION ,

In the circumstances, the NRC st;ff. moves the Commission to direct that responses to the Applicant's petition for review be held in abeyance until after the Appeal Board acts on the reconsideration request.

Alternatively, the motion should be denied without prejudice to refiling after action by the Appeal Board on the pending motion for reconsideration.

Respectful 1y sutmltted, '

1 LA.AA- 4 i o c , , fy N Ann P. Hodgdon l Counsel for tfC Staff Dated at Bethesda, Maryland

'this 14th day of August,1987

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UNITED STATES OF AMERICA

w. , . , NUCLEAR REGULATORY COMMISSION 07 AUO O ~ A9:08 BEFORE THE COMMISSION ry : ,

DOCK 1 d .

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l lIn the Matter of )

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{ - VERMONT ~ YANKEE NUCLEAR ) Docket No. 50-271-OLA )

• POWER COPsPORATION )- (Spent' Fuel Pool Amendment)

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(Vermont Yankee Nuclear Power )

Station')

CERTIFICATE OF SERVICE J

l hereby certify that copies 'of'"NRC STAFF S MOTION.TO HOLD IN ABEYANCE THE FILING OF RESPONSES TO APPLICANT'S PETITION FOR

-REVIEW OF ALAB-869 PENDING APPEAL BOARD ACTION ON RECONSIDERATION" in the above-captioned proceeding have been served

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on the' following by deposit in the United States mall, first class,' or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mall system, this 14th day of August,1987:

c Charles Bechhoefer, Esq. Mr. Glenn O. Bright Administrative Judge Administrative Judge -

Atomic' Safety and Licensing Board Atomic Safety and Licensing Board s 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's Weiss .

Washington, D.C. 20555* 2001 S Street, N.W. l 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 General l 120 State Street One Ashburton Place,19th Floor  !'

Montpelier, VT 05602 Boston, MA 02108 l

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i Thomas G. Dignan, Jr., Esq. Jay Gutierrez  ; 4 Ropes and Gray Regional Counsel l

225 Franklin Street USNRC, -Region I Boston, MA 02110 631 Park Avenue'.

King of Prussia, PA.19406* i Atomic Safety and Licensing Appeal Docketing-snd Service Section Board Pane! '(8) Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555* Washington, D.C. 20555*

Samuel J. Chilk Office of the Secretary U.S. Nuclear Regulatory Commission '1 Washington, D.C. 20555*

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Ann P. Hodgdon g Counsel for NRC Staff.

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