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| | number = ML061670204 | | | number = ML061670204 |
| | issue date = 06/15/2006 | | | issue date = 06/15/2006 |
| | title = 2006/06/15-NRC Staff Answer to New England Coalition Notice of Adoption of Contentions or Alternative Motion to Adopt Contentions | | | title = NRC Staff Answer to New England Coalition Notice of Adoption of Contentions or Alternative Motion to Adopt Contentions |
| | author name = Young M A | | | author name = Young M |
| | author affiliation = NRC/OGC | | | author affiliation = NRC/OGC |
| | addressee name = | | | addressee name = |
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| | document type = Legal-Intervention Petition, Responses and Contentions | | | document type = Legal-Intervention Petition, Responses and Contentions |
| | page count = 6 | | | page count = 6 |
| | | project = |
| | | stage = Other |
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| {{#Wiki_filter:1 NEC does not certify that it tried to contact other participants in the proceeding, namely theNRC Staff or the Licensee, as required by 10 C.F.R. § 2.323(b). A motion is to be rejected if it does notinclude a certification that the movant's attorney or representative made a sincere effort to contact theother parties in the proceeding to resolve issues raised in the motion, and that those efforts wereunsuccessful. 10 C.F.R. § 2.323(b).June 15, 2006UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONBEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of) | | {{#Wiki_filter:June 15, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) |
| )ENTERGY NUCLEAR OPERATIONS, INC)Docket No. 50-271-LR)(Vermont Yankee Nuclear Power Station))NRC STAFF ANSWER TO NEW ENGLAND COALITION NOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS INTRODUCTIONPursuant to 10 C.F.R. § 2.323(c), the Staff of the Nuclear Regulatory Commission("NRC" or "Commission") hereby answers the "New England Coalition's Notice of Adoption ofContentions, or in the Alternative, Motion to Adopt Contentions," dated June 5, 2006 ("Motion"). Although the motion does not satisfy the requirements of 10 C.F.R. § 2.323(b), 1 the Staff hasno objection to the proposed adoption provided that New England Coalition (NEC) is admitted as a party to this proceeding (based on its initial petition) and, if the initial contention sponsor is not admitted as a party to (or subsequently departs from) this proceeding, NEC then demonstrates an independent ability to litigate any adopted contentions.BACKGROUNDBy letter dated January 26, 2006, as supplemented March 15, 2006, Entergy VermontYankee, LLC and Entergy Nuclear Operations, Inc. (collectively, "Entergy" or "Applicant") | | ) |
| submitted an application, under 10 C.F.R. Part 54, to renew Operating License No. DPR-28 for 2 See Letter from William F. Maguire, Entergy, to U.S. NRC, dated January 25, 2006(Agencywide Documents Access and Management System ("ADAMS") Accession Nos. ML 060300082,ML060300085, ML060300086). | | ENTERGY NUCLEAR OPERATIONS, INC ) Docket No. 50-271-LR |
| 3 On June 8, 2006, this Atomic Safety and Licensing Board was established to preside over theproceeding. See "Establishment of Atomic Safety and Licensing Board," dated June 6, 2006. 71 Fed.Reg. 34397 (June 14, 2006).the Vermont Yankee Nuclear Power Station ("VYNPS").
| | ) |
| 2 The proposed renewal wouldauthorize the Applicant to operate VYNPS for an additional 20 years beyond the current expiration date of March 21, 2012.
| | (Vermont Yankee Nuclear Power Station) ) |
| See "Entergy Nuclear Operations, Inc.; [VYNPS]: Notice ofAcceptance of Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-28 for an Additional 20-Year Period," 71 Fed.Reg. 15220 (Mar. 27, 2006). In response to the notice of acceptance for docketing and opportunity for hearing published in the Federal Register , id., the New England Coalition (NEC),the Massachusetts Attorney General, the Town of Marlboro, Vermont Select Board, and the Vermont Department of Public Service timely filed intervention petitions See [NEC] Petition forLeave to Intervene Request for Hearing and Contentions, dated May 26, 2006; Massachusetts Attorney General's Request for a Hearing and Petition for Leave to Intervene With Respect To Entergy Nuclear Operations Inc.'s Application for Renewal of the Vermont Yankee Nuclear Power Plant Operation and Petition for Backfit Order Requiring New Design Features to Protect Against Spent Fuel Accidents, dated May 26, 2006; Vermont Department of Public ServiceNotice of Intention to Participate and Petition to Intervene, dated May 26, 2006; Letter from Town of Marlboro Selectboard and Emergency Management Director, dated April 27, 2006.
| | NRC STAFF ANSWER TO NEW ENGLAND COALITION NOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS INTRODUCTION Pursuant to 10 C.F.R. § 2.323(c), the Staff of the Nuclear Regulatory Commission |
| 3In a filing dated June 5, 2006, NEC provided notice that it was adopting contentions filedby the State of Vermont and the Commonwealth of Massachusetts, pursuant to 10 C.F.R.
| | ("NRC" or "Commission") hereby answers the "New England Coalition's Notice of Adoption of Contentions, or in the Alternative, Motion to Adopt Contentions, dated June 5, 2006 (Motion). |
| § 2.309(f)(3), or alternatively, filing a motion, pursuant to 10 C.F.R. § 2.323, to adopt such contentions. Motion at 1. NEC further indicated that it had consulted with representatives forVermont and Massachusetts who agreed to the arrangement provided that each governmentalentity served as the representative for their respective contentions. Motion at 2. DISCUSSIONThe Staff does not object to NEC's request provided that NEC is admitted as a party tothis proceeding (based upon its initial petition) and, if the primary sponsor of the adopted contention is not admitted as a party or subsequently leaves this proceeding, NEC then demonstrates its independent ability to litigate any contentions adopted. See ConsolidatedEdison Co. of New York & Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Operations, Inc. (Indian Point, Units 1 and 2), CLI-01-19, 54 NRC 109, 131-33 (2001) (adoptionprovisionally permitted at an early stage of a proceeding so long as it does not circumvent pleading requirements and the proponent later demonstrates its independent ability to litigatethe issue upon the departure of the original sponsor). If NEC were allowed merely to adopt the contentions of another party without otherwise establishing standing and proffering its ownadmissible contention, there would be a circumvention of NRC pleading requirements. The Commission's regulations do not appear to specify how or when a request to adopta contention may be raised. | | Although the motion does not satisfy the requirements of 10 C.F.R. § 2.323(b),1 the Staff has no objection to the proposed adoption provided that New England Coalition (NEC) is admitted as a party to this proceeding (based on its initial petition) and, if the initial contention sponsor is not admitted as a party to (or subsequently departs from) this proceeding, NEC then demonstrates an independent ability to litigate any adopted contentions. |
| See 10 C.F.R. § 2.309(f)(3). The use of terms such as adoption ofcontentions of "another . . . requestor/ petitioner," however, implies that a contention adoptionrequest would be timely if made prior to any ruling on contentions. See id. See also LouisianaEnergy Services, L.P. (National Enrichment Facility), CLI-04-35, 60 NRC 619, 627 (2004)("petitioners seeking intervention as a party under section 2.309 may chose to participate on other petitioners' contentions by adopting them") (emphasis in original).CONCLUSIONFor the foregoing reasons, although the motion has procedural defects, the Staff has noobjection to NEC being allowed to provisionally adopt contentions proffered by Vermont and Massachusetts, provided NEC is admitted as a party to this proceeding based on its initialpetition and later demonstrates an independent ability to litigate any adopted contentions if theinitial sponsor is not admitted as a party to, or subsequently departs from, this proceeding.Respectfully submitted,/RA/Mitzi A. YoungCounsel for NRC StaffDated at Rockville, Marylandthis 15th day of June 2006 UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONBEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
| | BACKGROUND By letter dated January 26, 2006, as supplemented March 15, 2006, Entergy Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, "Entergy" or "Applicant") |
| )ENTERGY NUCLEAR OPERATIONS, INC )Docket No. 50-271-LR
| | submitted an application, under 10 C.F.R. Part 54, to renew Operating License No. DPR-28 for 1 |
| )(Vermont Yankee Nuclear Power Station )CERTIFICATE OF SERVICEI hereby certify that copies of the "NRC STAFF ANSWER TO NEW ENGLAND COALITIONNOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS" in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRC's internal mail system or, as indicated by anasterisk, by electronic mail with copies by U.S. mail, first class, or, as indicated by a double asterisk, by electronic mail with copies by overnight express mail, this 15th day of June 2006.Administrative JudgeAlex S. Karlin, Chair Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@nrc.govAdministrative JudgeThomas S. Elleman**
| | NEC does not certify that it tried to contact other participants in the proceeding, namely the NRC Staff or the Licensee, as required by 10 C.F.R. § 2.323(b). A motion is to be rejected if it does not include a certification that the movants attorney or representative made a sincere effort to contact the other parties in the proceeding to resolve issues raised in the motion, and that those efforts were unsuccessful. 10 C.F.R. § 2.323(b). |
| Atomic Safety and Licensing Board Panel 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: elleman@eos.ncsu.eduOffice of Commission AppellateAdjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAmail@nrc.govAdministrative JudgeRichard E. Wardwell Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew@nrc.govOffice of the SecretaryAttn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocket@nrc.govSarah Hofmann, Esq.* Director of Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmann@state.vt.us Diane Curran, Esq.*Harmon, Curran, Spielberg
| |
| & Eisenberg, L.L.P.
| |
| 1726 M Street, NW., Suite 600 Washington, DC 20036 E-mail: dcurran@harmoncurran.comRonald A. Shems, Esq.*Karen Tyler, Esq.
| |
| Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401 E-mail: rshems@sdkslaw.com Ktyler@sdkslaw.comCallie B. Newton, ChairGail MacArthur Lucy Gratwick Marcia Hamilton Town of Marlboro Selectboard
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|
| |
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| P.O. Box 518 Marlboro, VT 05344 E-mail: cbnewton@sover.net marcialynn@ev1.netMarcia Carpentier, Esq.Jonathan M. Rund, Esq.
| | the Vermont Yankee Nuclear Power Station ("VYNPS").2 The proposed renewal would authorize the Applicant to operate VYNPS for an additional 20 years beyond the current expiration date of March 21, 2012. See Entergy Nuclear Operations, Inc.; [VYNPS]: Notice of Acceptance of Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-28 for an Additional 20-Year Period, 71 Fed. |
| Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7@nrc.govJmr3@nrc.govAnthony Z. Roisman, Esq.* National Legal Scholars Law Firm 84 East Thetford Rd.
| | Reg. 15220 (Mar. 27, 2006). In response to the notice of acceptance for docketing and opportunity for hearing published in the Federal Register, id., the New England Coalition (NEC), |
| Lyme, NH 03768 E-mail: aroisman@nationallegalscholars.comMatthew Brock, Esq.*Assistant Attorney General Office of the Massachusetts Attorney General Environmental Protection Division One Ashburton Place, Room 1813 Boston, MA 02108-1598 E-mail: matthew.brock@ago.state.ma.usDan MacArthur, DirectorTown of Marlboro Emergency Management
| | the Massachusetts Attorney General, the Town of Marlboro, Vermont Select Board, and the Vermont Department of Public Service timely filed intervention petitions See [NEC] Petition for Leave to Intervene Request for Hearing and Contentions, dated May 26, 2006; Massachusetts Attorney Generals Request for a Hearing and Petition for Leave to Intervene With Respect To Entergy Nuclear Operations Inc.s Application for Renewal of the Vermont Yankee Nuclear Power Plant Operation and Petition for Backfit Order Requiring New Design Features to Protect Against Spent Fuel Accidents, dated May 26, 2006; Vermont Department of Public Service Notice of Intention to Participate and Petition to Intervene, dated May 26, 2006; Letter from Town of Marlboro Selectboard and Emergency Management Director, dated April 27, 2006.3 In a filing dated June 5, 2006, NEC provided notice that it was adopting contentions filed by the State of Vermont and the Commonwealth of Massachusetts, pursuant to 10 C.F.R. |
| | § 2.309(f)(3), or alternatively, filing a motion, pursuant to 10 C.F.R. § 2.323, to adopt such 2 |
| | See Letter from William F. Maguire, Entergy, to U.S. NRC, dated January 25, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML060300082, ML060300085, ML060300086). |
| | 3 On June 8, 2006, this Atomic Safety and Licensing Board was established to preside over the proceeding. See Establishment of Atomic Safety and Licensing Board, dated June 6, 2006. 71 Fed. |
| | Reg. 34397 (June 14, 2006). |
|
| |
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| P.O. Box Box 30 Marlboro, VT 05344 E-mail: dmacarthur@igc.orgDavid R. Lewis, Esq.*Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com | | contentions. Motion at 1. NEC further indicated that it had consulted with representatives for Vermont and Massachusetts who agreed to the arrangement provided that each governmental entity served as the representative for their respective contentions. Motion at 2. |
| /RA/ Mitzi A. YoungCounsel for NRC StaffDated at Rockville, Maryl and,this 15th day of June 2006}}
| | DISCUSSION The Staff does not object to NECs request provided that NEC is admitted as a party to this proceeding (based upon its initial petition) and, if the primary sponsor of the adopted contention is not admitted as a party or subsequently leaves this proceeding, NEC then demonstrates its independent ability to litigate any contentions adopted. See Consolidated Edison Co. of New York & Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Operations, Inc. (Indian Point, Units 1 and 2), CLI-01-19, 54 NRC 109, 131-33 (2001) (adoption provisionally permitted at an early stage of a proceeding so long as it does not circumvent pleading requirements and the proponent later demonstrates its independent ability to litigate the issue upon the departure of the original sponsor). If NEC were allowed merely to adopt the contentions of another party without otherwise establishing standing and proffering its own admissible contention, there would be a circumvention of NRC pleading requirements. |
| | The Commissions regulations do not appear to specify how or when a request to adopt a contention may be raised. See 10 C.F.R. § 2.309(f)(3). The use of terms such as adoption of contentions of another . . . requestor/ petitioner, however, implies that a contention adoption request would be timely if made prior to any ruling on contentions. See id. See also Louisiana Energy Services, L.P. (National Enrichment Facility), CLI-04-35, 60 NRC 619, 627 (2004) |
| | (petitioners seeking intervention as a party under section 2.309 may chose to participate on other petitioners contentions by adopting them) (emphasis in original). |
| | CONCLUSION For the foregoing reasons, although the motion has procedural defects, the Staff has no objection to NEC being allowed to provisionally adopt contentions proffered by Vermont and |
| | |
| | Massachusetts, provided NEC is admitted as a party to this proceeding based on its initial petition and later demonstrates an independent ability to litigate any adopted contentions if the initial sponsor is not admitted as a party to, or subsequently departs from, this proceeding. |
| | Respectfully submitted, |
| | /RA/ |
| | Mitzi A. Young Counsel for NRC Staff Dated at Rockville, Maryland this 15th day of June 2006 |
| | |
| | UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) |
| | ) |
| | ENTERGY NUCLEAR OPERATIONS, INC ) Docket No. 50-271-LR |
| | ) |
| | (Vermont Yankee Nuclear Power Station ) |
| | CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFF ANSWER TO NEW ENGLAND COALITION NOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail with copies by U.S. mail, first class, or, as indicated by a double asterisk, by electronic mail with copies by overnight express mail, this 15th day of June 2006. |
| | Administrative Judge Administrative Judge Alex S. Karlin, Chair Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: rew@nrc.gov Administrative Judge Office of the Secretary Thomas S. Elleman** Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O-16C1 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 E-mail: elleman@eos.ncsu.edu E-mail: hearingdocket@nrc.gov Office of Commission Appellate Sarah Hofmann, Esq.* |
| | Adjudication Director of Public Advocacy Mail Stop: O-16C1 Department of Public Service U.S. Nuclear Regulatory Commission 112 State Street - Drawer 20 Washington, DC 20555-0001 Montpelier, VT 05620-2601 E-mail: OCAAmail@nrc.gov E-mail: sarah.hofmann@state.vt.us |
| | |
| | Diane Curran, Esq.* Anthony Z. Roisman, Esq.* |
| | Harmon, Curran, Spielberg National Legal Scholars Law Firm |
| | & Eisenberg, L.L.P. 84 East Thetford Rd. |
| | 1726 M Street, NW., Suite 600 Lyme, NH 03768 Washington, DC 20036 E-mail: aroisman@nationallegalscholars.com E-mail: dcurran@harmoncurran.com Matthew Brock, Esq.* |
| | Ronald A. Shems, Esq.* Assistant Attorney General Karen Tyler, Esq. Office of the Massachusetts Attorney Shems Dunkiel Kassel & Saunders, PLLC General 91 College Street Environmental Protection Division Burlington, VT 05401 One Ashburton Place, Room 1813 E-mail: rshems@sdkslaw.com Boston, MA 02108-1598 Ktyler@sdkslaw.com E-mail: matthew.brock@ago.state.ma.us Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Marcia Hamilton P.O. Box Box 30 Town of Marlboro Marlboro, VT 05344 Selectboard E-mail: dmacarthur@igc.org P.O. Box 518 Marlboro, VT 05344 E-mail: cbnewton@sover.net David R. Lewis, Esq.* |
| | marcialynn@ev1.net Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP Marcia Carpentier, Esq. 2300 N Street, NW Jonathan M. Rund, Esq. Washington, DC 20037-1128 Atomic Safety and Licensing Board Panel E-mail: david.lewis@pillsburylaw.com Mail Stop: T-3F23 matias.travieso-diaz@pillsburylaw.com U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7@nrc.gov Jmr3@nrc.gov |
| | /RA/ |
| | Mitzi A. Young Counsel for NRC Staff Dated at Rockville, Maryland, this 15th day of June 2006}} |
|
|---|
Category:Legal-Intervention Petition
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Entergy'S Opposition to New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial Initial Decision
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Entergy'S Answer in Support of NRC Staff'S Petition for Review of the Licensing Board'S Partial Initial Decision
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Vermont Department of Public Service Opposition to Petition for Review of Partial Initial Decision LBP-08-25
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Entergy'S Answer to Commonwealth of Massachusetts Petition for Review of LBP-08-25 and Request for Consolidated Ruling
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Entergy'S Response in Opposition to New England Coalition'S Motion to Extend Time to File Petition for Review
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Entergy'S Motion for Clarification
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Entergy'S Reply to Responses to Licensing Board'S Questions
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Vermont Department of Public Service Response to Entergy and NRC Staff Brief on Pre-Trial Legal Issues
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Vermont Yankee - NRC Staff'S Reply Brief
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Entergy'S Answers to Licensing Board Questions
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Vermont Yankee - Nrc'S Brief in Response to Board Order
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Joint Stipulation
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Entergy'S Response to Vermont Department of Public Service Motion for Modification of the Scheduling Order to Facilitate Full Compliance with 10 C.F.R. 2.323(b)
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Vermont Yankee - NRC Staff'S Response to Vermont Department of Public Service'S Motion to Modify the Schedule
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New England Coalition, Inc'S Opposition to Entergy'S and the NRC Staff'S Motions in Limine to Exclude Rebuttal Testimony of Ulrich Witte
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ML0814306512008-05-15015 May 2008
Supplemental Petition by Nuclear Information and Resource Service: Jersey Shore Nuclear Watch, Inc.: Grandmothers, Mothers and More for Energy Safety: New Jersey Public Interest Research Group: New Jersey Sierra Club: New Jersey..
ML0816402452008-05-15015 May 2008
2008/05/15-Supplemental Petition by Listed Companies for Additional Investigation and Correction of Deficiencies Regarding License Renewal Reviews, for Oyster Creek, Indian Point, Pilgrim, and Vermont Yankee Nuclear Power Plants
ML0813501902008-05-0606 May 2008
Commonwealth of Massachusetts' Notice of Intent to Participate as an Interested State
2011-03-10
[Table view]
Category:Responses and Contentions
MONTHYEARML1107503812011-03-10010 March 2011
Entergy'S Response to New England Coalition'S Motion for Stay and Request for Further Opportunity for Hearings
ML1036300302010-12-23023 December 2010
Entergy'S Response to the Supplement to New England Coalition'S Petition for Commission Review of LBP-10-19
ML1033403292010-11-22022 November 2010
Entergy'S Answer Opposing New England Coalition'S Petition for Commission Review of LBP-10-19
ML1028002492010-09-30030 September 2010
New England Coalition'S Answer & Opposition to Entergy'S Motion to Strike Declaration of Paul Blanch
ML1027204022010-09-20020 September 2010
New England Coalition'S Reply to NRC Staff and Entergy Nuclear Vermont Yankee Opposition to New England Coalition'S Motion to Reopen the Hearing & Reply to NRC Staff'S Answer to Proposed New Contention
ML1026003772010-09-14014 September 2010
Entergy'S Answer Opposing New England Coalition'S Motion to Reopen
ML1007403702010-03-12012 March 2010
Entergy'S Response in Opposition to New England Coalition'S Stay Request
ML0922400652009-08-0303 August 2009
Entergy'S Response in Opposition to New England Coalition'S Petition for Review of LBP-09-09
ML0921202202009-07-23023 July 2009
New England Coalition'S Petition for Review of the Licensing Board'S Full Initial Decision, LBP-09-09
ML0916702632009-06-0808 June 2009
New England Coalition'S Opposition to Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff and Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0915404042009-05-26026 May 2009
Nec'S Reply to NRC Staff and Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0914203732009-05-18018 May 2009
Entergy'S Opposition to Nec'S Motion to File a Timely New Contention
ML0913400192009-05-0707 May 2009
New England Coalition'S Reply to Nrc'S Staff and Entergy Answers to New England Coalition'S Motion to Hold in Abeyance Action on It'S Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0912708592009-05-0101 May 2009
Entergy'S Opposition to New England Coalition'S Motion to Hold Action on Proposed Contention in Abeyance Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0908404222009-03-10010 March 2009
Final Calculations of Record for the Confirmatory Environmentally Assisted Fatigue (Cufen) Analyses on the Reactor Pressure Vessel Core Spray (CS) and Recirculation Outlet (RO) Nozzles at Vermont Yankee
ML0912101052009-03-0909 March 2009
New England Coalition'S Petition for Leave Reply to Entergy Responses to New England Coalition'S Motion to Alter or Amend the Schedule in the Above Captioned Proceeding
ML0907711422009-03-0909 March 2009
Entergy'S Opposition to New England Coalition'S Motion to Alter or Amend the Schedule
ML0901400782009-01-0707 January 2009
Entergy'S Opposition to New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial Initial Decision
ML0901400792008-12-29029 December 2008
Entergy'S Answer Opposing Motion by New York Et Al. for Leave to Submit Brief Amici Curiae
ML0901602092008-12-19019 December 2008
New England Coalition'S Response to NRC Staff'S Petition for Review of the Licensing Board'S Partial Initial Decision, LBP-08-25
ML0900606092008-12-19019 December 2008
Entergy'S Answer in Support of NRC Staff'S Petition for Review of the Licensing Board'S Partial Initial Decision
ML0836600342008-12-19019 December 2008
Vermont Department of Public Service Opposition to Petition for Review of Partial Initial Decision LBP-08-25
ML0836401982008-12-11011 December 2008
Entergy'S Answer to Commonwealth of Massachusetts Petition for Review of LBP-08-25 and Request for Consolidated Ruling
ML0835205232008-12-10010 December 2008
Entergy'S Response in Opposition to New England Coalition'S Motion to Extend Time to File Petition for Review
ML0835004492008-12-0404 December 2008
Entergy'S Motion for Clarification
ML0835100872008-12-0404 December 2008
Entergy'S Opposition to New England Coalition'S Motion to Extend Time to File Motion for Reconsideration
ML0824018252008-08-25025 August 2008
Vermont Yankee - NRC Staff'S Proposed Findings of Fact and Conclusion of Law and Order in the Form of an Initial Decision
ML0819905482008-07-15015 July 2008
Vermont Yankee - NRC Staff Letter to Board Regarding Evidentiary Hearing Attendees
ML0820501022008-07-15015 July 2008
Entergy'S Response to July 11, 2008 Board Order
ML0820501012008-07-15015 July 2008
Entergy'S Reply to Responses to Licensing Board'S Questions
ML0820406152008-07-15015 July 2008
Vermont Department of Public Service Response to Entergy and NRC Staff Brief on Pre-Trial Legal Issues
ML0819806542008-07-15015 July 2008
Vermont Yankee - NRC Staff'S Reply Brief
ML0819704842008-07-0909 July 2008
Entergy'S Answers to Licensing Board Questions
ML0819202482008-07-0909 July 2008
Vermont Yankee - Nrc'S Brief in Response to Board Order
ML0819805252008-07-0808 July 2008
Joint Stipulation
ML0819704802008-07-0707 July 2008
Entergy'S Response to Vermont Department of Public Service Motion for Modification of the Scheduling Order to Facilitate Full Compliance with 10 C.F.R. 2.323(b)
ML0818504242008-07-0202 July 2008
Vermont Yankee - NRC Staff'S Response to Vermont Department of Public Service'S Motion to Modify the Schedule
ML0819100872008-06-30030 June 2008
New England Coalition, Inc'S Opposition to Entergy'S and the NRC Staff'S Motions in Limine to Exclude Rebuttal Testimony of Ulrich Witte
ML0819200412008-06-30030 June 2008
Entergy'S Response in Support of Staff'S Motion in Limine to Exclude Witte Rebuttal Testimony
ML0818304142008-06-23023 June 2008
Entergy'S Response in Opposition to NEC Motion to File Untimely Rebuttal Testimony by Ulrich Witte
ML0817807432008-06-20020 June 2008
Filing Discussing Proprietary Documents in the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc
ML0817107262008-06-19019 June 2008
Vermont Yankee - NRC Staff'S Response to Nec'S Motion to Strike NRC Staff'S Rebuttal Testimony Concerning NEC Contention 4
ML0817800972008-06-19019 June 2008
Entergy'S Response in Support of Staff'S Motion in Limine
ML0816305762008-06-0505 June 2008
2008/06/05-Vermont Yankee License Renewal Proceeding: June 24 Call
ML0814905522008-05-20020 May 2008
Certificate of Disclosure of Sarah Hofmann, for the Vermont Department of Public Service Certifying Current with Disclosures Pursuant to 10 C.F.R. 2.336 That Are Relevant and Not Privileged to the Contentions Now Being Considered
ML0814306502008-05-15015 May 2008
Supplemental Petition by Nuclear Information and Resource Service: Jersey Shore Nuclear Watch, Inc.; Grandmothers, Mothers and More for Energy Safety: New Jersey Public Interest Research Group: New Jersey Sierra Club..
ML0814906102008-05-15015 May 2008
2008/05/15-Supplemental Petition by Collective Petitioners for Additional Investigation and Correction of Deficiencies Regarding License Renewal Reviews for Oyster Creek, Indian Point, Pilgrim, and Vermont Yankee Nuclear Power Plants
ML0814306512008-05-15015 May 2008
Supplemental Petition by Nuclear Information and Resource Service: Jersey Shore Nuclear Watch, Inc.: Grandmothers, Mothers and More for Energy Safety: New Jersey Public Interest Research Group: New Jersey Sierra Club: New Jersey..
ML0816402452008-05-15015 May 2008
2008/05/15-Supplemental Petition by Listed Companies for Additional Investigation and Correction of Deficiencies Regarding License Renewal Reviews, for Oyster Creek, Indian Point, Pilgrim, and Vermont Yankee Nuclear Power Plants
ML0813501902008-05-0606 May 2008
Commonwealth of Massachusetts' Notice of Intent to Participate as an Interested State
2011-03-10
[Table view] |
Text
June 15, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC ) Docket No. 50-271-LR
)
(Vermont Yankee Nuclear Power Station) )
NRC STAFF ANSWER TO NEW ENGLAND COALITION NOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS INTRODUCTION Pursuant to 10 C.F.R. § 2.323(c), the Staff of the Nuclear Regulatory Commission
("NRC" or "Commission") hereby answers the "New England Coalition's Notice of Adoption of Contentions, or in the Alternative, Motion to Adopt Contentions, dated June 5, 2006 (Motion).
Although the motion does not satisfy the requirements of 10 C.F.R. § 2.323(b),1 the Staff has no objection to the proposed adoption provided that New England Coalition (NEC) is admitted as a party to this proceeding (based on its initial petition) and, if the initial contention sponsor is not admitted as a party to (or subsequently departs from) this proceeding, NEC then demonstrates an independent ability to litigate any adopted contentions.
BACKGROUND By letter dated January 26, 2006, as supplemented March 15, 2006, Entergy Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, "Entergy" or "Applicant")
submitted an application, under 10 C.F.R. Part 54, to renew Operating License No. DPR-28 for 1
NEC does not certify that it tried to contact other participants in the proceeding, namely the NRC Staff or the Licensee, as required by 10 C.F.R. § 2.323(b). A motion is to be rejected if it does not include a certification that the movants attorney or representative made a sincere effort to contact the other parties in the proceeding to resolve issues raised in the motion, and that those efforts were unsuccessful. 10 C.F.R. § 2.323(b).
the Vermont Yankee Nuclear Power Station ("VYNPS").2 The proposed renewal would authorize the Applicant to operate VYNPS for an additional 20 years beyond the current expiration date of March 21, 2012. See Entergy Nuclear Operations, Inc.; [VYNPS]: Notice of Acceptance of Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-28 for an Additional 20-Year Period, 71 Fed.
Reg. 15220 (Mar. 27, 2006). In response to the notice of acceptance for docketing and opportunity for hearing published in the Federal Register, id., the New England Coalition (NEC),
the Massachusetts Attorney General, the Town of Marlboro, Vermont Select Board, and the Vermont Department of Public Service timely filed intervention petitions See [NEC] Petition for Leave to Intervene Request for Hearing and Contentions, dated May 26, 2006; Massachusetts Attorney Generals Request for a Hearing and Petition for Leave to Intervene With Respect To Entergy Nuclear Operations Inc.s Application for Renewal of the Vermont Yankee Nuclear Power Plant Operation and Petition for Backfit Order Requiring New Design Features to Protect Against Spent Fuel Accidents, dated May 26, 2006; Vermont Department of Public Service Notice of Intention to Participate and Petition to Intervene, dated May 26, 2006; Letter from Town of Marlboro Selectboard and Emergency Management Director, dated April 27, 2006.3 In a filing dated June 5, 2006, NEC provided notice that it was adopting contentions filed by the State of Vermont and the Commonwealth of Massachusetts, pursuant to 10 C.F.R.
§ 2.309(f)(3), or alternatively, filing a motion, pursuant to 10 C.F.R. § 2.323, to adopt such 2
See Letter from William F. Maguire, Entergy, to U.S. NRC, dated January 25, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML060300082, ML060300085, ML060300086).
3 On June 8, 2006, this Atomic Safety and Licensing Board was established to preside over the proceeding. See Establishment of Atomic Safety and Licensing Board, dated June 6, 2006. 71 Fed.
Reg. 34397 (June 14, 2006).
contentions. Motion at 1. NEC further indicated that it had consulted with representatives for Vermont and Massachusetts who agreed to the arrangement provided that each governmental entity served as the representative for their respective contentions. Motion at 2.
DISCUSSION The Staff does not object to NECs request provided that NEC is admitted as a party to this proceeding (based upon its initial petition) and, if the primary sponsor of the adopted contention is not admitted as a party or subsequently leaves this proceeding, NEC then demonstrates its independent ability to litigate any contentions adopted. See Consolidated Edison Co. of New York & Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Operations, Inc. (Indian Point, Units 1 and 2), CLI-01-19, 54 NRC 109, 131-33 (2001) (adoption provisionally permitted at an early stage of a proceeding so long as it does not circumvent pleading requirements and the proponent later demonstrates its independent ability to litigate the issue upon the departure of the original sponsor). If NEC were allowed merely to adopt the contentions of another party without otherwise establishing standing and proffering its own admissible contention, there would be a circumvention of NRC pleading requirements.
The Commissions regulations do not appear to specify how or when a request to adopt a contention may be raised. See 10 C.F.R. § 2.309(f)(3). The use of terms such as adoption of contentions of another . . . requestor/ petitioner, however, implies that a contention adoption request would be timely if made prior to any ruling on contentions. See id. See also Louisiana Energy Services, L.P. (National Enrichment Facility), CLI-04-35, 60 NRC 619, 627 (2004)
(petitioners seeking intervention as a party under section 2.309 may chose to participate on other petitioners contentions by adopting them) (emphasis in original).
CONCLUSION For the foregoing reasons, although the motion has procedural defects, the Staff has no objection to NEC being allowed to provisionally adopt contentions proffered by Vermont and
Massachusetts, provided NEC is admitted as a party to this proceeding based on its initial petition and later demonstrates an independent ability to litigate any adopted contentions if the initial sponsor is not admitted as a party to, or subsequently departs from, this proceeding.
Respectfully submitted,
/RA/
Mitzi A. Young Counsel for NRC Staff Dated at Rockville, Maryland this 15th day of June 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC ) Docket No. 50-271-LR
)
(Vermont Yankee Nuclear Power Station )
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFF ANSWER TO NEW ENGLAND COALITION NOTICE OF ADOPTION OF CONTENTIONS OR ALTERNATIVE MOTION TO ADOPT CONTENTIONS in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail with copies by U.S. mail, first class, or, as indicated by a double asterisk, by electronic mail with copies by overnight express mail, this 15th day of June 2006.
Administrative Judge Administrative Judge Alex S. Karlin, Chair Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: rew@nrc.gov Administrative Judge Office of the Secretary Thomas S. Elleman** Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: O-16C1 5207 Creedmoor Road, #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 E-mail: elleman@eos.ncsu.edu E-mail: hearingdocket@nrc.gov Office of Commission Appellate Sarah Hofmann, Esq.*
Adjudication Director of Public Advocacy Mail Stop: O-16C1 Department of Public Service U.S. Nuclear Regulatory Commission 112 State Street - Drawer 20 Washington, DC 20555-0001 Montpelier, VT 05620-2601 E-mail: OCAAmail@nrc.gov E-mail: sarah.hofmann@state.vt.us
Diane Curran, Esq.* Anthony Z. Roisman, Esq.*
Harmon, Curran, Spielberg National Legal Scholars Law Firm
& Eisenberg, L.L.P. 84 East Thetford Rd.
1726 M Street, NW., Suite 600 Lyme, NH 03768 Washington, DC 20036 E-mail: aroisman@nationallegalscholars.com E-mail: dcurran@harmoncurran.com Matthew Brock, Esq.*
Ronald A. Shems, Esq.* Assistant Attorney General Karen Tyler, Esq. Office of the Massachusetts Attorney Shems Dunkiel Kassel & Saunders, PLLC General 91 College Street Environmental Protection Division Burlington, VT 05401 One Ashburton Place, Room 1813 E-mail: rshems@sdkslaw.com Boston, MA 02108-1598 Ktyler@sdkslaw.com E-mail: matthew.brock@ago.state.ma.us Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Marcia Hamilton P.O. Box Box 30 Town of Marlboro Marlboro, VT 05344 Selectboard E-mail: dmacarthur@igc.org P.O. Box 518 Marlboro, VT 05344 E-mail: cbnewton@sover.net David R. Lewis, Esq.*
marcialynn@ev1.net Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP Marcia Carpentier, Esq. 2300 N Street, NW Jonathan M. Rund, Esq. Washington, DC 20037-1128 Atomic Safety and Licensing Board Panel E-mail: david.lewis@pillsburylaw.com Mail Stop: T-3F23 matias.travieso-diaz@pillsburylaw.com U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7@nrc.gov Jmr3@nrc.gov
/RA/
Mitzi A. Young Counsel for NRC Staff Dated at Rockville, Maryland, this 15th day of June 2006
