ML081910672

2008/06/30-Vermont Department of Public Service Request for Clarification And/Or Request Leave to File Separate Brief

ML081910672
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	06/30/2008
From:	Hofmann S National Legal Scholars Law Firm, PC, State of VT, Dept of Public Service
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS M-116
Download: ML081910672 (4)

Text

DOCKETED 12A H-/(o USNRC June 30, 2008 (4:55pm)

OFFICE OF SECRETARY June30 2008 RULEMAKINGS AND ADJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT ) Docket No. 50-271-LR YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

VERMONT DEPARTMENT OF PUBLIC SERVICE' REQUEST FOR CLARIFICATION AND/OR REQUEST LEAVE TO FILE SEPARATE BRIEF On June 27, 2008, the Board issued an Order (Regarding the Briefing of Certain Legal Issues). The Order specified the "parties, NRC Staff, and the interested States are instructed to submit their respective initial briefs". Id. at 6. Vermont, in this proceeding, is a party and not an interested state. The Order could be read to authorize Vermont to file a brief as one of the "parties" but it could also be read to restrict Vermont to being a co-party with NEC since, on specific contentions, Vermont has adopted the position of NEC or has not taken a position on the contention. Vermont believes the former interpretation, allowing it to file its own brief on these important questions, is the most reasonable and respectfully suggests the following reasoning as supporting such a view of the Order.

Since the issues on which briefing is sought are generic issues that could have broad implications beyond individual contentions in this case, Vermont believes it would

be appropriate to allow it to file independent briefing on these questions, rather than to be bound to filing one brief with NEC. In addition, the short time available to file the pleadings, with the intervening holiday, and the generic nature of the issues, will make it difficult to file a coordinated brief with NEC and get all the necessary clearances for the final brief while also working with NEC to produce a single document. Finally, although the position of Staff and Entergy may be expected to be similar on these issues, they will be filing two separate briefs and it does not seem unfair or unreasonable for Vermont and NEC to file two separate briefs in Which similar positions may not be presented.

For all these reasons Vermont respectfuilly requests the Board allow it to file a separate brief and reply brief on the issues identified in the Boards June 27, 2008 Order.

Vermont consulted with the other parties regarding the merits of this motion, explaining its position, and none of the parties objected to the filing of this motion.

Respectfully submitted, Sarah Hofe Director for Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 Filed: June 30, 2008

June 27, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT ) Docket No. 50-271-LR YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

- CERTIFICATE OF SERVICE I hereby certify that copies of the Vermont Department of Public Service Request for Clarification And/Or Request Leave to File Separate Brief were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid on July 1, 2008, and where indicated by an asterisk by electronic mail, this 30- day of June, 2008.

• AdministratiVe- Judge *Office of the Secretary Alex S. Karlin, Esq., Chairman Attn: Rtilemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: 0-16 Cl Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington D.C, 20555-0001 Washington, DC 20555-0001 hearingdocket@nrc.gov ask2@a nrc.gov secygnrc. gov

• Administrative Judge *Office of Commission Dr. Richard- E-Wardwell-- --- Appellate--Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 OCAAmaila.(nrc. gov rew(enrc. gov Atomic Safety and Licensing Board

• Administrative Judge Mail Stop T-3 F23 William H. Reed US Nuclear Regulatory Commission 1819 Edgewood Lane Washington, DC 20555-0001 Charlottesville, VA( 22902 whrcville(d-embarqmail .com

'Lloyd B. Subin, Esq. *David R. Lewis, Esq.

• Mary C. Baty, Esq. *Matias F. Travieso-Diaz

• Jessica A. Bielecki *Blake J. Nelson

• Susan Uttal Pillsbury, Winthrop, Shaw, Pittman, LLP.

Office of the General Counsel 2300 N Street, N.W.

Mail Stop 0- 15 D21 Washington, DC 2003 7-1128 U.S. Nuclear Regulatory Commission david.lewiscpillsburylaw.com Washington, DC 20555-0001 matias.travieso-diaz(&pillsburylaw.com lbs3 @nrc.gov blake.nelsonrapillsburylaw.com mcb 1@nrc.g ov iessica.bieleckianrc.gov *Marcia Carpenter, Esq.

susan.uttal awnrc .gov Atomic Safety and Licensing Board Panel Mail Stop T-3 F23

• Anthony Z. Roisman, Esq. US Nuclear Regulatory Commission National Legal Scholars Law Firm Washington, DC 20555-0001 84 East Thetford Road mxc7gnrc.gov Lyme, NH 03768 aroisman (@cnationallegalscholars.com *Lauren Bregman, Law Clerk Atomic Safety and Licensing Board

• Ronald A. Shems, Esq. US Nuclear Regulatory Commission

• Karen Tyler, Esq. Mail Stop: T-3 F23

• Andy Raubvogel Washington, DC 20555-0001 Shems, Dunkiel, Kassel & Saunders, PLLC. Lauren.Bregmang~nrc.gov 91 College Street Burlington, VT 05401 *Matthew Brock rshernsnasdkslaw.com Assistant Attorney General ktyler(asdkslaw.com Office of the Attorney General araubvogel(Thskdslaw.com One Ashburton Place.- 1 8 th Floor Boston, MA 02108 Diane Curran Matthew.Brockk~state.ma.us Harmon, Curran, Spielberg & Eisenberg 1726 M. Street NW - Suite 600 *Peter L. Roth, Esq.

Washington, D.C. 20036 Office of the New Hampshire Attorney

• dcurran(aharmoncurran.com General 33 Capitol Street Concord, NH 03301 Peter.roth(&doj .nh.gov Respectfully submitted, Vermont Vt of Public Service