ML20244C881

Order.* Denies NRC 890417 Motion to Defer Supplemental Briefs & Oral Argument & for Alternative Relief in Entirety. Oral Argument Remains Scheduled for 890503.W/Certificate of Svc.Served on 890418

ML20244C881
Person / Time
Site:	Vermont Yankee
Issue date:	04/18/1989
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#289-8469 OLA, NUDOCS 8904210029
Download: ML20244C881 (4)

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UNITED STATES OF AMERICA lb NUCLEAR REGULATORY COMMISSION {

OFF!Ct W RO'I '

I ATOMIC SAFETY AND LICENSING ' APPEAL BOARD 00CKE Igy "'U- j Administrative Judges: l l

Christine N. Kohl, Chairman April 18, 1989 Dr. W. Reed Johnson Howard A. Wilber , y 3$h_VED APR 181989 j i

) i In the Matter of ) I

)

VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION ) (Spent Fuel Pool Amendment)

)

(Vermont Yankee Nuclear )

Power Station) )

)

ORDER The NRC staff's " Motion to Defer Supplemental Briefs and Oral Argument, and For Alternative Relief" (April 17, 1989) is denied in its entirety. We are fully aware of.the l commission's request for rehearing in connection with the I

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court's recent decision in Limerick Ecology Action, Inc. v.

NRC, Nos. 85-3431, et al. (3d Cir. February 28, 1989). We j do not believe that precludes staff counsel from addressing i i

the relevance of that decision to the case at bar (and the '

related arguments raised by the intervenor in its March 29, 1989, brief),- as requested by our April 7,1989, memorandum and order. Nor do we agree with the staff "that it is inappropriate and potentially wasteful to address at this time the effect of the Limerick decision on the Vermont  !

Yankee proceeding. . . . NRC Staff Motion at 2. We simply request staff counsel's legal analysis of an existing 8904210029 890418 PDR ADOCK 05000271 hh532/ !!

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1 decision, recognizing,_as is often the case, that that 1 decision may not be final.

So as to avoid the filing and service problems encountered in connection with the staff's last brief, we remind the staff that its supplemental brief is to be received by us and the other parties no later than April 21, 1989 (close of NRC official business is 4:15 p.m.). See our April 7 memorandum and order at 2. We also call the staff's attention, once again, to our February 10, 1989, notice, j i

advising of the mailing address for Dr. Johnson. (The i certificate of service for the staff's April 17 motion does l

not show service on Dr. Johnson. The certificate of service i i

for the staff's March 8 brief shows Dr. Johnson's Charlottesville address, but indicates that service was i

effected through the NRC's internal mail system; in fact, Dr. Johnson never received the bi lef.)

Oral argument remains schedaled for the afternoon of May 3.

It is so ordered.

i FOR THE APPEAL BOARD f ,

, & ,,f- 2 E']

Barbara A. Tompkin8 Secretary to the Appeal Board Dr. Johnson did not participate in this order. j I

l l

l

e UNITED STATES OF AMERICA l' NUCLEAR REGULATORY COMMISSION In the Matter of I I

VERMONT YANKEE NUCLEAR POWER I Docket No. (s) 50-271-OLA CORPORATION I (Vermont Yankee Nuclear Power I Station) I I

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing AB ORDER 4/18' have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

l Administrative Judge Administrative Judge j Christine N. Kohl, Chairman Howard A. Wilber  !

Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board j l

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555' Washington, DC 20555 f I Administrative Judge Administrative Judge Charles Bechhoefer, Chairman Gustave A. Linenberger, Jr.

Atcaic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission.

Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge l James H. Carpenter W. Reed Johnson '

Atomic Safety and Licensing Board ASLAB U.S. Nuclear Regulatory Commission 115 Falcon Drive, Colthurst Washington, DC 20555 Charlottesville, VA 22901 Ann P. Hodgdon, Esq. Andrea C. Forster, Esq.

Office of the General Counsel Harmon, Curran & Tousley U.S. Nuclear Regulatory Consission 2001 S Street, N.W., Suite 430 Washington, DC 20555 Washington, DC 20009 Thomas 8. Dignan, Jr., Esq. R. K. Gad !!!, Esquire

\

Ropes & Gray Ropes & Gray '

One International Place One International Place Boston. MA 02110 Coston, MA 02110 1

i

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_L_-_--__-____-________ _

Docket No0 (s)50-271-OL A

.AB ORDER 4/18 John Traficonte, Esc. Samuel H. Press, Esc.

Office of the Attorney General Special Assistant Attorney General  ;

One Ashburton Place, 19th Floor Vermont Department of Public Service l Boston MA 02108 120 State Street  ;

Montpelier, VT 05602 Richard J. Goddard, Esq. Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Comeission, U.S. Nuclear Regulatory Commission Region !! Region ! ,

101 Marietta Street, Suite 2900 631 Park Avenue  !

Atlanta. GA 30323 King of Prussia, PA 19406 i

Dated at Rockville, Md. this 18 day of April 1989 l

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