ML14346A152

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State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument
ML14346A152
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 12/12/2014
From: Kisicki A
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-271-LA, ASLBP 15-934-01-LA-BD01, RAS 27008
Download: ML14346A152 (3)


Text

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

) Docket No. 50-271-LA ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 15-934-01-LA-BD01 NUCLEAR OPERATIONS, INC. )

) December 12, 2014 (Vermont Yankee Nuclear Power Station) )

STATE OF VERMONTS SUBMISSION OF ADDITIONAL INFORMATION AND REQUEST TO FILE SUPPLMENTAL BRIEFING ADDRESSING NEW INFORMATION AND ARGUMENT RAISED AT ORAL ARGUMENT On December 8, 2014, the Nuclear Regulatory Commission (NRC) Staff (Staff) filed additional information with the Atomic Safety and Licensing Board (Board) in the above-captioned proceeding as part of an answer it provided the Board in response to questions posed at the December 1, 2014 contention admissibility oral argument addressing the State of Vermonts (State) hearing request.1 The State hereby submits additional information to complete the evidentiary record with respect to the Staffs new arguments raised at oral argument and in the Staffs December 8, 2014 filing. The State submits an email exchange between Erica Borneman, Vermont Division of Emergency Response and Homeland Security Planning Section Chief and Michael McKenny, Entergy Vermont Yankee Emergency Preparedness Manager, dated July 1, 2014 (attached as Exhibit A),2 and requests that the State be allowed to submit supplemental 1

NRC Staff Answer to Atomic Safety and Licensing Board Question Asked During December 1, 2014 Contention Admissibility Oral Argument, at 3 (Dec. 8, 2014) (ADAMS Accession No. ML14342A336); Official Transcript of Proceedings (Tr.) (Dec. 1, 2014) (Agencywide Documents Access and Management System [ADAMS] Accession No. ML14337A666); Vermont Department of Public Service Notice of Intention to Participate, Petition to Intervene, and Hearing Request (Sept. 22, 2014) (ADAMS Accession No. ML14267A524) (Petition).

2 Email from Erica Bornemann, VDEMHS Planning Section Chief to Michael McKenney, Entergy Vermont Yankee Emergency Preparedness Manager (Jul. 1, 2014) (ADAMS Accession No. ML14209A853).

1

briefing addressing the new information and arguments NRC Staff concedes it raised for the first time at the oral argument, (see Proposed State Reply attached as Exhibit B).3 Respectfully submitted,

/Signed (electronically) by/

Aaron Kisicki Counsel for the State of Vermont Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620 (802) 828-3785 aaron.kisicki@state.vt.us Dated at Montpelier, Vermont This 12th day of December, 2014 3

Tr. at 94; See ASLB Memorandum and Order (Oral Argument Schedule), Docket No. 50-271-OLA, ASLBP No.

04-832-02-OLA, at 2 (The main purpose of the oral argument is to allow the Board to elicit legal and factual points that will assist it in deciding the issues presented by the pleadings) (Oct. 18, 2004) (ADAMS Accession No.

ML042940087).

2

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

) Docket No. 50-271-LA ENTERGY NUCLEAR VERMONT )

YANKEE, LLC AND ENTERGY ) ASLBP No. 15-934-01-LA-BD01 NUCLEAR OPERATIONS, INC. )

) December 12, 2014 (Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I hereby certify that copies of the forgoing State of Vermonts Submission of Additional Information and Request to File Additional Briefing Addressing New Information and Argument Offered at Oral Argument, dated December 12, 2014, have been served upon the Electronic Information Exchange, the NRCs E-filing System, in the above-captioned proceeding, this 12th day of December, 2014.

/Signed (electronically) by/

Aaron Kisicki Counsel for the State of Vermont Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620 Tel: (802) 828-3785 aaron.kisicki@state.vt.us Dated at Montpelier, Vermont this 12th day of December, 2014