ML20244C852
| ML20244C852 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 04/17/1989 |
| From: | Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#289-8477 OLA, NUDOCS 8904210015 | |
| Download: ML20244C852 (5) | |
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April 17, 1989 J'
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 APR 19 A9 39 l BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 0%
m 00Cd : N; 4 6 ? t. h In the Matter of 8
VERMONT YANKEE NUCLEAR
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Docket No. 50-271-0LA POWER CORPORATION (Spent Fuel Pool Amendment)
(Vermont Yankee Nuclear Power
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Station)
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O MOTION TO DEFER SUPPLEMENTAL BRIEFS AND O
ORAL ARGUMENT, AND FOR ALTERNATIVE RELIEF i
I.
INTRODUCTION In its Memorandum and Order dated April 7, 1989, the Appeal Board requested the NRC staff to file a supplemental brief limited to a discussion of the Limerick decision, its relevance to the instant case, i
and the related arguments of the interveners. On April 12, 1989, the Nuclear Regulatory Commission filed a " Petition for Rehearing and Suggestion for Rehearing En Banc" with the United States Court of Appeals i
for the Third Circuit.
In its petition, the Commission specifically argues that its responsibility for considering reactor safety features such as accident mitigation alternatives is determined by the Atoniic Energy Act, not the National Environmental Policy Act (NEPA). The L
Commission's determination to seek rehearing of the Limerick decision has a direct and innediate effect on the request from the Appeal Board to brief the impact of that decision on the Vermont Yankee proceeding. The
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8904210015 890417 PDR ADOCK 05000271 0
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Staff believes that it is inappropriate and potentially wasteful to address at this time the effect of the Limerick decision on the Vermont Yankee proceeding assuming such decision remains unchanged, when a request for further consideration is pending before the Third Circuit Court of Appeals. A number of key issues (e.g. the impact of the Commission's Severe Accident Policy Statement on the consideration of environmental issues and the relationship of the Atomic Energy Act and
)
National Environmental Policy Act) will not be clarified until the Court of Appeals acts on the Connission's request.
Similarly, the Appeal Board scheduled oral argument on the Vermont Yankee referral for Wednesday, May 3, 1989. The Staff believes that such f
argument should be heard at that time only if issues relatea to the Limerick decision are deferred for consideration at a later date.
II. THE MOTION Wherefore, the Staff requests the Appeal Board to extend the time for the Staff to address the Limerick decision and to postpone the scheduled oral argument until such time as the Third Circuit acts on the Connission's request for rehearing. Alternatively, if the Appeal Board would prefer that the Staff address in a supplemental brief matters other than the Limerick decision raised in New England Coalition on Nuclear Pollution's brief, such as the basis provided by the Livermore report, the Staffrequestsaperiodofatleastseven(7)workingdaystoprovidesuch a' response and that oral argument be deferred accordingly. Should the Appeal Board deny the Staff's motion for alternative relief, the Staff has l
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-. I no' objection to the Appeal Board's conducting oral argument as scheduled.1/
l Respectfully submitted, f
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- - g Ann P. Hodgdon Counsel for NRC Staff ()
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The Staff telephoned counsel for the other parties to the referral.
The' licensee's counsel was unavailable and NECNP's counsel indicated that NECNP would prefer to see the Motion before taking a position.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.gg Apg 39 gg 39 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 0Fh.
i In the Matter of
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00Dn}g
.o VERMONT YANKEE NUCLEAR Docket No. 50-271-OLA POWER CORPORATION
)
(Spent Fuel Pool Amendment)
(VermontYankeeNuclearPower Station)
CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION TO DEFER SUPPLEMENTAL BRIEFS AND ORAL ARGUMENT, AND FOR ALTERNATIVE RELIEF" 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 Comission's internal mail system, and also, handcarried to the Licensing Appeal Board on this 17th day of April, 1984:
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 Comission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555 Dr. James H. Carpenter
- George Dana Bisbee, Esq.
j 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.
Panel (1)*
Harmon, Curran & Tousley U.S. Nuclear Regulatory Comission 2001 S Street, N.W.
Washington, D.C.
20555*
Washington, DC 20009 George Young, Esq.
John Traficonte, Chief Special Assistant Attorney General Nuclear Safety Unit Vermont Depart. of Public Service Office of the Attorney General 120 State Street One Ashburton Place l
Montpelier, VT 05602 Boston, MA 02108 R.K. Gad, III, Esq.
Jay Gutierrez, Esq.*
Ropes and Gray Regional Counsel One International Place USNRC, Region I Boston, MA 02110-2624 475 Allendale Road King of Prussia, PA 19406 I
a.
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1
- [
Atomic Safety and-Licensing Appeal Docketing and Service Section*
Panel (5)*
Office of the Secretary U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Connission Washington, D.C.. 20555 Washington, D.C..
20555
. Adjudicatory File *'
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Connission
.Washfagton,.D.C. 20555 M
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Ann P. Hodadon Counsel for NRC Staff t
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