Massachusetts Attorney General'S Motion for Leave to File Motion for Reconsideration and Clarification of CLI-07-03| ML070370622 |
| Person / Time |
|---|
| Site: |
Pilgrim, Vermont Yankee File:NorthStar Vermont Yankee icon.png |
|---|
| Issue date: |
02/01/2007 |
|---|
| From: |
Brock M, Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, State of MA, Office of the Attorney General |
|---|
| To: |
NRC/OCM |
|---|
| SECY RAS |
| References |
|---|
| 50-271-LR, 50-293-LR, CLI-07-03, RAS 12991, RAS 12992 |
| Download: ML070370622 (4) |
|
|
|---|
Category:Legal-Motion
MONTHYEARML20079J1802020-03-19019 March 2020
Unopposed Motion of the Commonwealth of Massachusetts to Correct a Previously Filed Declaration
ML20035C7562020-01-30030 January 2020
1-30-20 Entergy Motion to Intervene (DC Cir.)(Case No. 20-1019)
ML20031D4332020-01-29029 January 2020
1-29-20 Reply to Response to Motion to Dismiss (DC Cir.)(Case No. 19-1198)
ML19347D4152019-12-13013 December 2019
Motion of the Commonwealth of Massachusetts to Amend Its Petition with New Information
ML19303B4252019-10-28028 October 2019
Transport Room (Motion for Stay Pending Appellate Review)(Dc Cir.)(Case No. 19-1198) 10-28-19
ML19295E6852019-10-16016 October 2019
Entergy Motion to Intervene (DC Cir.)(Case No. 19-1198) 10-16-19
ML19247E5092019-09-0404 September 2019
Motion of the Commonwealth of Massachusetts for a Twenty-Two Minute Enlargement of Time to File Its Stay Application and Supporting Appendix
ML19246A0332019-09-0303 September 2019
Watch Motion Under 10 C.F.R 2.1327 to Stay Staff Order of August 22, 2019
ML19246A0322019-09-0303 September 2019
Watch Motion to Stay Staff Order of August 22, 2019 Granting Exemption
ML19247B4312019-09-0303 September 2019
Application of the Commonwealth of Massachusetts for a Stay of the Effectiveness of the NRC Staff Actions Approving the License Transfer Application and Request for an Exemption to Use the Decommissioning Trust Fund for Non-Decommissioning
ML19230A0212019-08-18018 August 2019
Reply of the Commonwealth of Massachusetts in Support of Its Motion for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19227A3982019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19227A0682019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order
ML19213A3132019-08-0101 August 2019
Motion of the Commonwealth of Massachusetts to Stay Proceeding to Complete Settlement Negotiations
ML19129A4732019-05-0909 May 2019
Watch Motion to Supplement Its Motion to Intervene and Request for Hearing, Biodiversity (05.09.19)
ML19129A3732019-05-0909 May 2019
Commonwealth of Massachusetts' Reply in Support of Motion to Supplement Its Petition with New Information
ML19114A5192019-04-24024 April 2019
Motion of the Commonwealth of Massachusetts to Supplement Its Petition with New Information
ML19091A1892019-04-0101 April 2019
Watch Reply to Applicant'S Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request
ML19077A2762019-03-18018 March 2019
Unopposed Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File Its Reply
ML19077A2092019-03-18018 March 2019
Notices of Appearance of David R. Lewis, Anne R. Leidich, and Susan H. Raimo
ML18348A9852018-12-14014 December 2018
New England Coalition'S Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene
ML18071A4142018-03-12012 March 2018
Amended Motion to Hold in Abeyance Action on New England Coalition'S Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal
ML17164A2392017-06-13013 June 2017
Request for Leave to Reply and Reply to Applicants' Response to New England Coalition'S Request for Extension
ML17164A2682017-06-13013 June 2017
Attachment Two - Five E-mails Tracing Efforts on June 9, 2017 to File a Request for an Extension of Time
ML17164A2382017-06-13013 June 2017
Resubmitted Request for Extension of Time to File Request for Hearing and Petition for Leave to Intervene
ML16005A6232016-01-0505 January 2016
Unopposed Motion by the States for an Enlargement of Time to File an Answer to Entergy Motion to Strike the States Reply
ML15362A4902015-12-28028 December 2015
Motion to Strike Portions of December 17, 2015, Reply Filed by the State of Vermont, Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation
ML15362A5192015-12-28028 December 2015
Entergy Motion to Strike Impermissible December 17, 2015 Reply Filed by the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire
ML15299A2602015-10-26026 October 2015
NRC Staff Motion to Vacate LBP-15-24
ML15286A4422015-10-13013 October 2015
Entergy Motion for Leave to File Reply and Reply Re Motion to Withdraw LAR
ML15275A3222015-10-0202 October 2015
Staff Answer to Motion to Withdraw
ML15271A3112015-09-23023 September 2015
Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15
ML15265A5862015-09-22022 September 2015
Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24
ML15265A5832015-09-22022 September 2015
Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request
ML15260B2782015-09-17017 September 2015
Joint Motion on Mandatory Disclosures and Schedule
ML15201A1752015-07-20020 July 2015
Joint Proposed Corrections to Oral Argument Transcript Held on July 7, 2015
ML15072A4622015-03-13013 March 2015
Entergy Answer Opposing State of Vermont'S Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration
ML14352A2082014-12-18018 December 2014
NRC Staff Answer to State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument
ML12257A3392012-09-13013 September 2012
Filed Copy - Joint Motion to Amend Briefing Schedule - Massachusetts V NRC - 1st Cir 12-1404 and 12-1772
ML12195A0802012-07-13013 July 2012
Notice of Appearance for Joseph A. Lindell for ESA Roseate Term
ML12157A1872012-06-0505 June 2012
Notice of Appearance from Joseph A. Lindell on Entergy Nuclear Operations, Inc., (Pilgrim)
ML12137A2582012-05-16016 May 2012
Notice of Appearance for Joseph A. Lindell
ML12136A5172012-05-15015 May 2012
NRC Staff'S Unopposed Motion for an Extension of Time to Respond to Jones River Watershed Association and Pilgrim Watch'S May 14, 2012, Request to Reopen, for a Hearing and to File New Contentions
ML12132A4682012-05-11011 May 2012
Motion to Strike
ML12097A2222012-04-0505 April 2012
Entergy Motion to Strike Petitioners' Affidavit and Portions of Petitioners' Reply
ML12088A0852012-03-15015 March 2012
Fed Respondents Opposition to Motion to Strike No.11-1168 and 11-1177 (Consolidated)
ML12067A0892012-03-0707 March 2012
State of Vermont Motion to Strike, Petitioners' Motion to Strike Four Extra-Record References Contained in Respondents' Recently Filed Amended Certified Index of the Record and in Respondents' and Interveners Briefs
ML12066A1772012-03-0606 March 2012
Petitioners Motion to Strike Amended Cert 11-1168
ML11357A2092011-12-23023 December 2011
Commonwealth of Massachusetts' Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Appeal of LBP-11-35
ML11290A1812011-10-17017 October 2011
Commonwealth of Massachusetts Motion to Reply to NRC Staff Answer to Massachusetts Request to Stay Commission Decision on Pilgrim Watch Appeal or in the Alternative to Strike Reference to Massachusetts Expert
2020-03-19
[Table view] |
Text
IQ5ql
.R45 /A C/5ý2, February 1, 2007 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE COMMISSION February 6, 2007 (9:45am)
In the Matter c f) OFFICE OF SECRETARY
) RULEMAKINGS AND ADJUDICATIONS STAFF Entergy Nuclear Oper ations, Inc. ) Docket No. 50-2-93-LR
))
(Vermont Yankee Nu clear Power Station)
)
In the Matter of ))
Entergy Nuclear Operations, Inc. ) Docket No. 50-271-LR
)
(Vermont Yankee Nuclear Power Station) )
)
MASSACHUSETTS ATTORNEY GENERAL'S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION AND CLARIFICATION OF CLI-07-03 Pursuant to 10 C.F.R. §§ 2.323(e), Martha Coakley, the Attorney General of Massachusetts ("Attorney General")' moves for leave to request reconsideration and clarification of CLI-07-03, the U.S. Nuclear Regulatory Commission's ("NRC's" or "Commission's") Memorandum and Order of January 22, 2007. CLI-07-03 affirms decisions by the Atomic Safety and Licensing Boards ("ASLBs") in the Pilgrim and Vermont Yankee license renewal proceedings, which rejected the Attorney General's contentions seeking consideration of new and significant information regarding the Martha Coakley took the office of Massachusetts Attorney General on January 17, 2007, replacing Thomas F. Reilly.
"Te, e cC-el= _cy- oq
environmental risks posed by continued high-density pool storage of spent fuel at the 2
Pilgrim and Vermont Yankee plants during their license renewal terms.
The Attorney General seeks reconsideration of CLI-07-03 in three related respects in which it is internally inconsistent, unclear, or potentially prejudicial to the Attorney General's claims. First, CLI-07-03 is unclear with respect to whether the NRC's decision represents final agency action for purposes of review under the Hobbs Act, 28 U.S.C. § 2342. Second, the NRC concluded that the Attorney General's request that the NRC apply the results of the final rulemaking petition to the individual Pilgrim and Vermont Yankee facilities is premature, because the individual licensing proceedings may not be concluded for a year or more. Yet the NRC did not clarify whether the Attorney General
- absent a judicial challenge now -- could contest a decision by the NRC in the future not to apply the final rulemaking to the two facilities when the licensing proceedings are completed. Third, more broadly, CLI-07-03 contains apparently conflicting statements with respect to whether, absent a judicial appeal now, the Attorney General may in the future seek enforcement of the National Environmental Policy Act ("NEPA") in the individual license renewal proceedings for Pilgrim and Vermont Yankee.
The Attorney General's motion meets the standard for reconsideration because it presents "a compelling circumstance, such as the existence of a clear and material error in a decision, which could not have been reasonably anticipated." 10 C.F.R. § 2.323(e).
CLI-07-03 warrants reconsideration and clarification because it makes inconsistent representations with respect to whether the Attorney General has any continuing rights to 2 Entergy Nuclear Operations,Inc. (Pilgrim Nuclear Power Station), LBP-06-23, 64 NRC (October 16, 2006); Entergy Nuclear Operations,Inc. (Vermont Yankee Nuclear Power Station), LBP-06-20, 64 NRC 131 (2006).
2
seek enforcement of NEPA in the individual license renewal proceedings. On the one hand, CLI-07-03 could be construed to exclude the Attorney General from further participation as a party to the license renewal proceedings. 3 On the other hand, the decision suggests that at a later point in time, the Commission will treat the Attorney General as a party to the individual license renewal proceedings if she submits a motion under 10 C.F.R. § 2.802 to suspend those proceedings pending completion of the 4
proceeding on her rulemaking petition.
Second, CLI-07-03 is ambiguous and therefore should be reconsidered and clarified with respect to its finality under the Hobbs Act, 28 U.S.C. § 2342. While CLI-07-03 could be interpreted to end the Attorney General's participation in the individual license renewal proceedings for Pilgrim and Vermont Yankee, it acknowledges that her substantive claims in those proceedings remain unresolved. Absent clarification, the Attorney General may be required to interpret CLI-07-03 as a final decision for purposes of the Hobbs Act. If so, to protect her rights, the Attorney General would have to decide now whether to file a petition for review of CLI-07-03, LBP-06-20, and LBP-06-23 within 60 days.
In conclusion, the Commission should entertain and grant the Attorney General's motion for reconsideration and clarification of CLI-07-03.
Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS By its Attorneys, 3 CLI-07-03, slip op. at 2, 10.
4 Id., slip op. at 9 n.37.
3
ATTORNEY GENERAL MARTHA COAKLEY Diane Curran Harmon Curran, Spielberg & Eisenberg, L.L.P.
1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 dcurran(aharmoncurran.com Matthew Brock, Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place Boston, MA 02108 617/727-2200 matthew.brock@ago.state.ma.us February 1, 2007 4
