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Category:Legal-Intervention Petition
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] 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
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DOCKETED A, h('"" 3 7..-USNRC December 11, 2008 (2:46pm)OFFICE OF SECRETARY RULEMAKINGS AND December 11, 2008 ADJUDICATIONS STAFF UNITED STATES ,OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of ))Entergy Nuclear Generation Company and )Entergy Nuclear Operations, Inc ) Docket No. 50-271 -LR ASLBP No. 06-849-03-LR (Vermont Yankee Nuclear Power Station) ))ENTERGY'S ANSWER TO COMMONWEALTH OF MASSACHUSETTS PETITION FOR REVIEW OF LBP-08-25 AND REQUEST FOR CONSOLIDATED RULING I. INTRODUCTION Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.(collectively, "Entergy")
hereby answer and oppose the Commonwealth of Massachusetts
("Commonwealth")
Petition for Review of LBP-08-25 and Request for Consolidated Ruling (Dec. 2, 2008) ("Vermont Yankee Petition").
Procedurally, Entergy does not oppose the Commonwealth's request that the Vermont Yankee Petition be consolidated with its earlier November 12, 2008 Petition for Review of LBP-08-22 regarding the Pilgrim Nuclear Power Station license renewal proceeding,'
which the Commonwealth adopts and incorporates by reference in support of its Vermont Yankee Petition.Vermont Yankee Petition at 2 n.3 & 3. Substantively, Entergy submits that the Vermont Yankee Petition should be denied for the same reasons stated in Entergy's Answer to the Pilgrim Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station), Commonwealth of Massachusetts Petition for Review of LBP-08-22 (Nov. 12, 2008) ("Pilgrim Petition").
ow Petition, which is incorporated by reference herein.- The Vermont Yankee Petition is not a proper appeal of the Atomic Safety and Licensing Board's ("Board")
Partial Initial Decision in.this proceeding.
3 It merely seeks a stay of the renewal of the Vermont Yankee Nuclear Power Station ("VY") license without making any attempt to meet the standards for a stay prescribed by the NRC rules.II. STATEMENT OF FACTS This proceeding involves Entergy's application to renew the operating license for VY..The Commonwealth petitioned to intervene in the proceeding on May 26, 2006, and requested a hearing on a single contention alleging the need for the Environmental Report to address the environmental impacts of spent fuel pool accidents because of information alleged to be new and significant.
4 Shortly thereafter, the Commonwealth submitted a Petition for Rulemaking to the Commission requesting that the Commission amend 10 C.F.R. Part 51 based on the same allegedly new and significant information.
5 On September 22, 2006, the Board denied the Commonwealth's hearing request as a challenge to a generic Category 1 determination codified in the NRC rules, which is impermissible absent a waiver. LBP-06-20, 64 N.R.C. 131, 209 (2006).2 Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station), Entergy's Answer to Commonwealth of Massachusetts Petition for Review of LBP-08-22 (Nov. 12, 2008)("Answer to Pilgrim Petition").
3 Partial Initial Decision (Ruling on Contentions 2A, 2B, 3 and 4), LBP-08-25, 68 NRC _ (Nov. 24, 2008)("LBP-08-25").
4 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 Operating License and Petition for Backfit Order Requiring New Design Features to Protect Against Spent Fuel Pool Accidents (May 26, 2006) ("Petition").
5 Massachusetts Attorney General's Petition for Rulemaking to Amend 10 C.F.R. Part 51 (Aug. 25, 2006). See also 71 Fed. Reg. 64,169 (Nov. 1, 2006).2 7W On appeal by the Commonwealth, the Commission affirmed the Board's ruling. CLI-07-3, 65 N.R.C. 13 (2007). The Commission found that the Commonwealth had not presented grounds for a waiver, but instead sought to raise generic concerns that were more appropriately addressed through the Commonwealth's rulemaking petition.
Id. at 20. The Commission also denied a request in the Commonwealth's rulemaking petition to defer any decision in the Vermont Yankee license renewal proceeding until completion of the rulemaking.
Id. at 22 &n.37. The Commission found this request to be premature.
Id. In response to a motion by the Commonwealth for reconsideration, the Commission explained hat the Commonwealth could participate in this proceeding as an Interested State, which would enable the Commonwealth to later move to stay the license renewal proceeding if it appeared that the NRC might issue the renewed license prior to a decision on the Commonwealth's rulemaking petition.
CLI-07-13, 65 N.R.C. 211, 214-15 & n.16 (2007).On judicial review, the U.S. Court of Appeals for the First Circuit upheld the Commission's decision.
Massachusetts
- v. United States, 522 F.3d 115 (1st Cir. 2008). The Court issued a brief administrative stay to permit the Commonwealth to request to participate as an Interested State in the NRC proceeding so that it could protect its interests in the manner that the Commission had prescribed.
Id. at 130 & n.9.Thereafter, the Commonwealth provided notice that it intended to participate as an Interested State, in order to "reserve[]
the right, at some future point in this proceeding, to file motions to the Commission pursuant to 10 C.F.R. § 2.802 and/or 10 C.F.R. § 2.342, to suspend or stay the proceeding or any final decision issued in the proceeding, pending adequate resolution of the Commonwealth's rulemaking petition ... ." Commonwealth of Massachusetts' 3
Notice of Intent to Participate as an Interested State (May 6, 2008) at 1. The Commonwealth stated: The Commonwealth is not requesting a stay at this time because it anticipates that such a request may be rendered unnecessary by the Commission's ruling on the rulemaking petition prior to issuing its decision on the relicensing.
Id. at 2.On August 8, 2008, the Commission denied the Commonwealth's rulemaking petition.73 Fed. Reg. 46,204 (Aug. 8, 2008). The Commonwealth is currently seeking judicial review of that decision.On November 24, 2008, the Board issued its Partial Initial Decision L BP-08-25 on the contentions of New England Coalition
("NEC"), the party whose remaining contentions were the subject of an evidentiary hearing in the proceeding.
The Commonwealth did not participate in the hearing on these contentions.
The Commonwealth now petitions the Commission for review of LBP-08-25.
The Commonwealth requests that the Commission reverse the Board's decision because the Board"failed to make the Initial Decision and the Pilgrim license extension conditioned upon, or otherwise properly structured to take account of, the Commonwealth's new and significant information regarding the risks of [Spent Fuel Pool] accidents, as~may finally be determined by the Courts." Vermont Yankee Petition at 3. The Commonwealth also demands that the Commission "correct [its] own errors and omissions for failure to ensure that the final decision in the pending Circuit Court proceeding on the NRC's Rulemaking Decision...
will be applied back to, made a condition of, or otherwise properly be taken account of, as a material part of the Pilgrim license extension process in which these issues arose." Id..4 III. ARGUMENT The Commonwealth's Vermont Yankee Petition advances the same arguments raised in its Pilgrim Petition.
Accordingly, the Commonwealth has attached its Pilgrim Petition (as well as arguments made in reply to Entergy and the NRC Staff) to the Vermont Yankee Petition and has expressly "adopt[ed]
and incorporate[d]
[those documents]
by reference
... in support of'the Vermont Yankee Petition so as "[t]o avoid duplicative argument." Vermont Yankee Petition at 2 n.3. The Commonwealth also seeks to have both petitions consolidated.
Id. at 3.Entergy does not oppose the Commonwealth's request for the petitions to be consolidated, because the Commonwealth's arguments on review are identical in the two proceedings.
Entergy hereby incorporates by reference the arguments raised in its Answer in opposition to the Pilgrim Petition.In summary, the instant Petition should be denied because it is not a proper appeal of the Board's decision.
The effect of the Commonwealth's petition for judicial review of the Commission's rulemaking decision was not an issue raised before, or decided by, the Board.Indeed, the Commonwealth did not seek any stay of the Board's decision, and therefore has no grounds to challenge the Board's alleged failure to condition or stay its decision.
Moreover, the Commonwealth does not challenge any portion of LBP-08-25 resolving the litigated contentions, nor otherwise identifies any error in that decision.
Because the Commonwealth did not participate in the litigation of those contentions, it has no right to appeal the Board's decision with respect to them.There is also no basis for the Commonwealth's request that the Commission review and/or correct its own alleged errors and omissions.
The Commonwealth has already appealed 5 the Commission's ruling on its contention, and those rulings were upheld by the First Circuit. In sum, the Vermont Yankee Petition raises no grounds for review of LBP-08-25.
Rather, the Commonwealth's Petition is in effect a request that the Commission stay the VY proceeding pending judicial review of the Commission's rulemaking decision.
But the Commonwealth has neither moved for a stay, nor addressed the standards in 10 C.F.R. § 2.342(e)for issuance of a stay, and should not be permitted to circumvent these requirements by characterizing its requests as an "appeal." IV. CONCLUSION For all of the foregoing reasons and those set forth in Entergy's Answer to Pilgrim Petition, the Commonwealth's Vermont Yankee Petition should be denied.Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz Blake J. Nelson PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 Tel. (202) 663-8000 Counsel for Entergy Dated: December 11, 2008 6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.(Vermont Yankee Nuclear Power Station)))))))Docket No. 50-271-LR ASLBP No. 06-849-03-LR
.CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Entergy'.s Answer to Commonwealth of Massachusetts Petition for Review of LBP-08-25 and Request for Consolidated Ruling" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 1 1 th day of December, 2008.Hon. Dale E. Klein Chairman U.S. Nuclear Regulatory Commission Mail Stop 16 C1 Washington, DC 20555 Hon. Peter B. Lyons Commissioner U.S. Nuclear Regulatory Commission Mail Stop 16 Cl Washington, DC 20555*Administrative Judge Alex S. Karlin, Esq., Chairman Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ask2Enrc.gov
- Administrative Judge Dr. William H. Reed 1819 Edgewood Lane Charlottesville, VA 22902 whrcvilleadembaromail.com Hon. Kristine L. Svinicki Commissioner U.S. Nuclear Regulatory Commission Mail Stop 16 G4 Washington, DC 20555 Hon. Gregory B. Jaczko Commissioner U.S. Nuclear Regulatory Commission Mail Stop 16 G4 Washington, DC 20555*Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 rew(ý,nrc.gov
- Secretary Att'n: Rulemakings and Adjudications Staff Mail-Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 secy@(nrc.gov, hearingdocket@(nrc.gov
- Office of Commission Appellate Adjudicatioz Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 OCAAmail@nrc.
gov*Lloyd Subin, Esq.*Mary Baty, Esq.* Jessica A. Bielecki, Esq.*Susan L. Uttal, Esq.Office of the General Counsel Mail Stop O-15-D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 LBS3(@nrc.gov; mcbl (1@nrc.gov; jessica.bielecki@nrc.gov; susan.uttal@nrc.gov
- Anthony Z. Roisman, Esq.National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 aroisman(ah-nationallegalscholars.com I Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
- Sarah Hofmann, Esq.Director of Public Advocacy Department of Public Service 112 State Street -Drawer 20 Montpelier, VT 05620-2601 S arah.hofmanne~state.vt.us
- Raymond Shadis 37 Shadis Road PO Box 98 Edgecomb, ME 04556 shadis(dprexar.com
- Peter L. Roth, Esq.Office of the New Hampshire Attorney General 33 Capitol Street Concord, NH 03301 Peter.roth@doj .nh. gov*Matthew Brock, Esq.Assistant Attorney General Office of the Attorney General One Ashburton Place, 181h Floor Boston, MA 02108 Matthew.Brockgstate.ma.us
- Zachary Kahn, Esq.Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 zacharv.kahn(&nrc.
gov 14atias F. Travieso-Diaz 2