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Category:INTERVENTION PETITIONS
MONTHYEARML20082G9071991-07-30030 July 1991 Withdrawal of Contention & Intervention.* Withdraws Contention,Motion (Pending) for Admission of late-filed Contention & Intervention ML20056B2221990-08-0808 August 1990 Answer of Vermont Yankee to State of VT Motion for Leave to Submit late-filed Contention.* Motion of State of VT for late-filed Contention Should Be Denied.W/Certificate of Svc ML19332D4751989-11-10010 November 1989 Licensee Response to Proposed Contentions.* Urges State of VT Proposed Contentions Be Excluded,Petition for Leave to Intervene Be Denied & Proceeding Be Dismissed. Supporting Info & Certificate of Svc Encl ML19327B6931989-10-30030 October 1989 State of VT Suppl to Petition to Intervene.* Contentions Include State of VT Unwillingness to Accept Ownership & Liability for Low Level Radwaste for Proposed License Extension.W/Certificate of Svc ML20247L5421989-09-11011 September 1989 NRC Staff Response to State of VT Petition for Leave to Intervene.* Board Should Find That State Has Established Standing to Intervene.W/Notice of Appearance & Certificate of Svc ML20247B8581989-08-30030 August 1989 Answer of Vermont Yankee Nuclear Power Corp to State of VT Petition for Leave to Intervene.* State of VT Has Stated Sufficient Interest & Should Be Admitted as Party to Adjudicatory Proceedings.Notices & Certificate of Svc Encl ML20247B6811989-08-22022 August 1989 Corp:Consideration of Issuance of Amend to Facility OL & Opportunity for Prior Hearing, Petition of State of VT for Leave to Intervene & Request for Evidentiary Hearing.* Certificate of Svc Encl ML20246P1721989-05-15015 May 1989 Withdrawal of Contention & Motion to Dismiss Proceeding.* State of VT & Commonwealth of Ma Withdraw Only Admitted Contention.Dismissal of Proceeding Requested.W/Certificate of Svc ML20155A9031988-09-30030 September 1988 NRC Staff Response to Joint Reply of New England Coalition on Nuclear Pollution & Commonwealth of Ma.* Late-filed Contentions Should Be Rejected.W/Certificate of Svc ML20196B4761988-06-23023 June 1988 Licensee Response to Joint Contention of State of VT & Commonwealth of Ma.* Contention Should Be Excluded & Petitions for Leave to Intervene Should Be Denied Based on Contention Having No Basis.Certificate of Svc Encl ML20196A7221988-06-22022 June 1988 NRC Staff Response to Joint Contention of State of VT & Commonwealth of Ma.* Proposed Contention Should Be Admitted in Hearing.W/Certificate of Svc ML20195D1981988-06-13013 June 1988 Joint Contention of State of VT & Commonwealth of Ma.* Contention Filed on Basis That Confidence in Reliability of Util Safety Sys Adversely Affected If Testing of Operable Components Removed.Certificate of Svc Encl ML20197D9861988-05-20020 May 1988 NRC Staff Response to State of VT & Commonwealth of Ma Petition to Intervene.* States Have Established Standing to Intervene & Have Identified Aspect of Proposed Amend Request.Certificate of Svc Encl ML20214T1851987-06-0505 June 1987 Petition of State of Nh & Atty General SE Merrill to Participate as Interested State.* Large Portion of Plume Exposure EPZ Lies within State.Authors Notices of Appearance & Certificate of Svc Encl ML20206T1911987-04-16016 April 1987 New England Coalition on Nuclear Pollution Response to Objections to Contentions.* Dry Cask Storage & Independent Spent Fuel Storage Facility Two Alternatives Which Deserve Consideration ML20206M2011987-04-13013 April 1987 NRC Staff Response to Contentions of State of VT, Commonwealth of Ma & New England Coalition on Nuclear Pollution.* Petitioner Contentions Not Supported by Basis Set Forth & Should Be Denied.W/Certificate of Svc ML20206G9451987-04-0909 April 1987 Licensee Response to Contention of State of Vt.* Responds to State of VT Contentions Re Spent Fuel Pool Amend.Certificate of Svc Encl ML20206G9911987-04-0909 April 1987 Licensee Response to Contentions of Commonwealth of Ma.* Responds to Commonwealth of Ma Contentions Re Spent Fuel Pool Amend.Certificate of Svc Encl ML20206H1341987-04-0909 April 1987 Licensee Response to Contentions of New England Coalition on Nuclear Pollution.* Responds to Contentions of New England Coalition on Nuclear Pollution Re Spent Fuel Pool Amend. Certificate of Svc Encl ML20205R4951987-03-30030 March 1987 Contentions of Commonwealth of Ma.* Contentions Re License Amend Inconsistent W/Protection of Public Health & Safety & NRC Failure to Comply W/Own Regulations Listed.Certificate of Svc Encl ML20211D7591987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by Commonwealth of Ma Atty General.* Petition Satisfies Standing & Aspect Requirements of 10CFR2.714.Notice of Appearance in Proceeding & Certificate of Svc Encl ML20211D7331987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by State of Vt.* Petition Satisfies Standing & Aspect Requirements of 10CFR2.714 Re Util Application to Amend License to Increase Storage Capacity of Spent Fuel Pool ML20211D7171987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by New England Coalition on Nuclear Pollution.* Petition Satisfies Aspect Requirements of 10CFR2.714 But Petitioner Should Be Given Time to Correct Deficiency Re Standing Requirements ML20211F5021987-02-17017 February 1987 Licensee Response to Petition to Intervene of Atty General of State of Ma.* Atty General Provided Sufficient Interest & Should Be Admitted as Party to Proceeding If at Least One Acceptable Contention Filed.Certificate of Svc Encl ML20211D1891987-02-13013 February 1987 Licensee Response to Petition to Intervene of State of Vt.* State Should Be Admitted as Party to Any Adjudicatory Proceedings If at Least One Acceptable Contention as Contemplated by 10CFR2.714 Filed.W/Certificate of Svc ML20211C9931987-02-13013 February 1987 Licensee Response to Request for Hearing & Petition to Intervene Submitted by New England Coalition on Nuclear Pollution.* Petition in Present Form Inadequate & Should Be Denied.Certificate of Svc Encl ML20210A8641987-01-30030 January 1987 Atty General Jm Shannon Request for Hearing & Petition to Intervene W/Respect to Vermont Yankee Spent Fuel Pool Expansion Request.* Alternatives to Increasing Spent Fuel Pool Should Be Considered.Certificate of Svc Encl ML20212R6601987-01-29029 January 1987 Request for Hearing & Petition to Intervene Submitted by New England Coalition on Nuclear Pollution.* Petition to Intervene & Request for Hearing Re Util Application to Increase Spent Fuel Pool.Certificate of Svc Encl ML20210A8281987-01-29029 January 1987 Corp;Consideration of Issuance of Amend to Facility Operating License & Proposed NSHC Determination & Opportunity for Hearing,Petition to Intervene.* W/Certificate of Svc 1991-07-30
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20082G9071991-07-30030 July 1991 Withdrawal of Contention & Intervention.* Withdraws Contention,Motion (Pending) for Admission of late-filed Contention & Intervention ML20056B2221990-08-0808 August 1990 Answer of Vermont Yankee to State of VT Motion for Leave to Submit late-filed Contention.* Motion of State of VT for late-filed Contention Should Be Denied.W/Certificate of Svc ML19332D4751989-11-10010 November 1989 Licensee Response to Proposed Contentions.* Urges State of VT Proposed Contentions Be Excluded,Petition for Leave to Intervene Be Denied & Proceeding Be Dismissed. Supporting Info & Certificate of Svc Encl ML19327B6931989-10-30030 October 1989 State of VT Suppl to Petition to Intervene.* Contentions Include State of VT Unwillingness to Accept Ownership & Liability for Low Level Radwaste for Proposed License Extension.W/Certificate of Svc ML20247L5421989-09-11011 September 1989 NRC Staff Response to State of VT Petition for Leave to Intervene.* Board Should Find That State Has Established Standing to Intervene.W/Notice of Appearance & Certificate of Svc ML20247B8581989-08-30030 August 1989 Answer of Vermont Yankee Nuclear Power Corp to State of VT Petition for Leave to Intervene.* State of VT Has Stated Sufficient Interest & Should Be Admitted as Party to Adjudicatory Proceedings.Notices & Certificate of Svc Encl ML20247B6811989-08-22022 August 1989 Corp:Consideration of Issuance of Amend to Facility OL & Opportunity for Prior Hearing, Petition of State of VT for Leave to Intervene & Request for Evidentiary Hearing.* Certificate of Svc Encl ML20246P1721989-05-15015 May 1989 Withdrawal of Contention & Motion to Dismiss Proceeding.* State of VT & Commonwealth of Ma Withdraw Only Admitted Contention.Dismissal of Proceeding Requested.W/Certificate of Svc ML20155A9031988-09-30030 September 1988 NRC Staff Response to Joint Reply of New England Coalition on Nuclear Pollution & Commonwealth of Ma.* Late-filed Contentions Should Be Rejected.W/Certificate of Svc ML20196B4761988-06-23023 June 1988 Licensee Response to Joint Contention of State of VT & Commonwealth of Ma.* Contention Should Be Excluded & Petitions for Leave to Intervene Should Be Denied Based on Contention Having No Basis.Certificate of Svc Encl ML20196A7221988-06-22022 June 1988 NRC Staff Response to Joint Contention of State of VT & Commonwealth of Ma.* Proposed Contention Should Be Admitted in Hearing.W/Certificate of Svc ML20195D1981988-06-13013 June 1988 Joint Contention of State of VT & Commonwealth of Ma.* Contention Filed on Basis That Confidence in Reliability of Util Safety Sys Adversely Affected If Testing of Operable Components Removed.Certificate of Svc Encl ML20197D9861988-05-20020 May 1988 NRC Staff Response to State of VT & Commonwealth of Ma Petition to Intervene.* States Have Established Standing to Intervene & Have Identified Aspect of Proposed Amend Request.Certificate of Svc Encl ML20214T1851987-06-0505 June 1987 Petition of State of Nh & Atty General SE Merrill to Participate as Interested State.* Large Portion of Plume Exposure EPZ Lies within State.Authors Notices of Appearance & Certificate of Svc Encl ML20206T1911987-04-16016 April 1987 New England Coalition on Nuclear Pollution Response to Objections to Contentions.* Dry Cask Storage & Independent Spent Fuel Storage Facility Two Alternatives Which Deserve Consideration ML20206M2011987-04-13013 April 1987 NRC Staff Response to Contentions of State of VT, Commonwealth of Ma & New England Coalition on Nuclear Pollution.* Petitioner Contentions Not Supported by Basis Set Forth & Should Be Denied.W/Certificate of Svc ML20206G9451987-04-0909 April 1987 Licensee Response to Contention of State of Vt.* Responds to State of VT Contentions Re Spent Fuel Pool Amend.Certificate of Svc Encl ML20206G9911987-04-0909 April 1987 Licensee Response to Contentions of Commonwealth of Ma.* Responds to Commonwealth of Ma Contentions Re Spent Fuel Pool Amend.Certificate of Svc Encl ML20206H1341987-04-0909 April 1987 Licensee Response to Contentions of New England Coalition on Nuclear Pollution.* Responds to Contentions of New England Coalition on Nuclear Pollution Re Spent Fuel Pool Amend. Certificate of Svc Encl ML20205R4951987-03-30030 March 1987 Contentions of Commonwealth of Ma.* Contentions Re License Amend Inconsistent W/Protection of Public Health & Safety & NRC Failure to Comply W/Own Regulations Listed.Certificate of Svc Encl ML20211D7591987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by Commonwealth of Ma Atty General.* Petition Satisfies Standing & Aspect Requirements of 10CFR2.714.Notice of Appearance in Proceeding & Certificate of Svc Encl ML20211D7331987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by State of Vt.* Petition Satisfies Standing & Aspect Requirements of 10CFR2.714 Re Util Application to Amend License to Increase Storage Capacity of Spent Fuel Pool ML20211D7171987-02-18018 February 1987 NRC Staff Response to Petition to Intervene Filed by New England Coalition on Nuclear Pollution.* Petition Satisfies Aspect Requirements of 10CFR2.714 But Petitioner Should Be Given Time to Correct Deficiency Re Standing Requirements ML20211F5021987-02-17017 February 1987 Licensee Response to Petition to Intervene of Atty General of State of Ma.* Atty General Provided Sufficient Interest & Should Be Admitted as Party to Proceeding If at Least One Acceptable Contention Filed.Certificate of Svc Encl ML20211D1891987-02-13013 February 1987 Licensee Response to Petition to Intervene of State of Vt.* State Should Be Admitted as Party to Any Adjudicatory Proceedings If at Least One Acceptable Contention as Contemplated by 10CFR2.714 Filed.W/Certificate of Svc ML20211C9931987-02-13013 February 1987 Licensee Response to Request for Hearing & Petition to Intervene Submitted by New England Coalition on Nuclear Pollution.* Petition in Present Form Inadequate & Should Be Denied.Certificate of Svc Encl ML20210A8641987-01-30030 January 1987 Atty General Jm Shannon Request for Hearing & Petition to Intervene W/Respect to Vermont Yankee Spent Fuel Pool Expansion Request.* Alternatives to Increasing Spent Fuel Pool Should Be Considered.Certificate of Svc Encl ML20212R6601987-01-29029 January 1987 Request for Hearing & Petition to Intervene Submitted by New England Coalition on Nuclear Pollution.* Petition to Intervene & Request for Hearing Re Util Application to Increase Spent Fuel Pool.Certificate of Svc Encl ML20210A8281987-01-29029 January 1987 Corp;Consideration of Issuance of Amend to Facility Operating License & Proposed NSHC Determination & Opportunity for Hearing,Petition to Intervene.* W/Certificate of Svc 1991-07-30
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20204H9901999-03-24024 March 1999 Comment on Proposed Rule 10CFR50.54(a)(3) Re Changes to Quality Assurance Programs ML20206T9731998-05-27027 May 1998 Citizens Awareness Network'S Formal Request for Enforcement Action Against Vermont Yankee.* Requests That OL Be Suspended Until Facility Subjected to Independent Safety Analysis Review,Per 10CFR2.206 ML20247G8501998-04-0909 April 1998 Petition Demanding That Commission Issue Order Stating That Administrative Limits of TS 88 Re Torus Water Temp Shall Remain in Force Until Listed Conditions Met ML20217P5481998-04-0606 April 1998 Comment Supporting Proposed Rule 10CFR50 Re Proposed Changes to Industry Codes & Stds ML20199A3121998-01-20020 January 1998 Exemption from Requirements of 10CFR70.24 Re Criticality Monitors to Ensure That Personnel Would Be Alerted If Criticality Were to Occur During Handling of Snm.Exemption Granted ML20198L1791997-12-29029 December 1997 Final Director'S Decision DD-97-26 Pursuant to 10CFR2.206, Granting in Part Petitioners Request in That NRC Evaluated All of Issues Raised in Two Memoranda & Suppl Ltr Provided by Petitioner to See If Enforcement Action Warranted ML20217G7151997-10-0808 October 1997 Director'S Decision DD-97-25 Re J Block 961206 Petition Requesting Evaluation of 961205 Memo Re Info Presented by Licensee at 960723 Predecisional Enforcement Conference & 961206 Memo Re LERs Submitted at End of 1996.Grants Request ML20140C2511997-03-31031 March 1997 Comment Opposing Proposed Rule 10CFR170 & 171 Re Rev of Fee Schedules ML20134L5701996-12-0606 December 1996 Petition for Commission & EDO Evaluation of Encl Documents Pursuant to 10CFR2.206 to See If Enforcement Action Warranted Based Upon Info Contained Therein DD-93-23, Director'S Decision DD-93-23 Re M Daley & J M Block Requesting Per 10CFR2.206,that NRC Reconsider Civil Penalty Assessed Against Vynp for Operating Station Outside TS from 921015-930406.Request Denied1993-12-28028 December 1993 Director'S Decision DD-93-23 Re M Daley & J M Block Requesting Per 10CFR2.206,that NRC Reconsider Civil Penalty Assessed Against Vynp for Operating Station Outside TS from 921015-930406.Request Denied DD-93-19, Final Director'S Decision DD-93-19 Under 2.206.Denies Request That NRC Take Immediate EA to Require That Reactor at Plant Remain in Cold Shutdown Until Licensee Could Provide Proof That EDGs at Plant Meet Safety Function1993-12-14014 December 1993 Final Director'S Decision DD-93-19 Under 2.206.Denies Request That NRC Take Immediate EA to Require That Reactor at Plant Remain in Cold Shutdown Until Licensee Could Provide Proof That EDGs at Plant Meet Safety Function ML20057C1321993-09-16016 September 1993 Memorandum & Order (CLI-93-20).* Reverses Board Conclusion That NRC Staff Action Had Effect of Terminating Proceeding. W/Certificate of Svc.Served on 930916 ML20045H3741993-07-0909 July 1993 Comment Supporting Proposed Rule 10CFR55 Re Operators Licenses.Proposed Change Would Eliminate NRC Requirement to Conduct & Supervise Individual Operator Requalification Exams During Term of Opeerator 6-yr License ML20128P9821993-02-24024 February 1993 Affidavit of Rd Pollard Re New England Coalition on Nuclear Pollution Comments in Opposition to Proposed Finding of NSHC ML20128Q0101993-02-22022 February 1993 New England Coalition on Nuclear Pollution Request for Hearing on Proposed Amend to Vermont Yankee OL ML20128Q0041993-02-22022 February 1993 New England Coalition on Nuclear Pollution Comment in Opposition to Proposed Finding of NSHC BVY-91-106, Comments on NRC Proposed Amend to Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants. Consistent W/Mou,Util Established Position of State Liaison Engineer to Communicate W/State of VT1991-10-23023 October 1991 Comments on NRC Proposed Amend to Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants. Consistent W/Mou,Util Established Position of State Liaison Engineer to Communicate W/State of VT ML20085H8331991-10-23023 October 1991 Comment Supporting Proposed Rule 10CFR50 Re NRC Proposed Amend to Policy Statement Concerning Cooperation W/States at Commercial Nuclear Power Plants ML20082G8961991-08-0909 August 1991 Memorandum of State of Vermont Concerning Withdrawal of Contention.* Contentions Re Maint & Proferred late-filed Contention Re Qa.W/Certificate of Svc ML20082G9071991-07-30030 July 1991 Withdrawal of Contention & Intervention.* Withdraws Contention,Motion (Pending) for Admission of late-filed Contention & Intervention ML20066G9981991-02-0808 February 1991 Notice of Withdrawal of Appearance.* Requests Withdrawal of Jp Trout as Counsel for Applicant in Proceeding. W/Certificate of Svc ML20065U0421990-12-12012 December 1990 State of VT Reply to NRC Staff Response to Vermont Yankee Fifth Motion to Compel.* Motion Should Be Denied on Basis of NRC Misciting Cases.W/Certificate of Svc ML20062H6711990-11-0101 November 1990 NRC Staff Response to State of VT Motion to File Reply.* Staff Believes That Matter Should Be Resolved as Soon as Possible & Not Defer Resolution of Matter Until After Not Yet Scheduled Prehearing Conference.W/Certificate of Svc ML20065K4021990-10-29029 October 1990 Answer to State of VT Motion for Leave.* Unless State of VT Substantially Suppls,In Timely Manner,Prior Responses,Then Staff Citation to Stonewalling by Intervenors in Shoreham Proceeding Would Seem Well on Point.W/Certificate of Svc ML20065K3961990-10-29029 October 1990 Answer to State of VT Motion to Compel (Document Request Set 3).* Motion Should Be Denied.W/Certificate of Svc ML20062C2321990-10-22022 October 1990 Answer of Vermont Yankee Nuclear Power Corp to State of VT Motion to Compel (Interrogatories,Set 3).* Motion Should Be Denied.W/Supporting Info & Certificate of Svc ML20062C2371990-10-18018 October 1990 State of VT Motion for Leave to File Reply to NRC Staff Response to Vermont Yankee Motion to Compel.* Alternatively, State Requests That Licensee Motion Be Included for Oral Arqument in Prehearing Conference.W/Certificate of Svc ML20062C0221990-10-12012 October 1990 State of VT Motion to Compel Answers to Document Production Requests (Vermont Set 3).* W/Certificate of Svc ML20059N8671990-10-0404 October 1990 Motion to Compel Answers to Interrogatories (State of VT Set 3).* Requests That Board Enter Order Compelling Licensee to Give Proper Answers to Interrogatories.W/Certificate of Svc ML20059M6461990-10-0202 October 1990 NRC Staff Response to Licensee Motion to Compel Production of Documents.* Supports Licensee Motion Due to State of VT Objections Not Well Founded.Notices of Appearance & Withdrawals & Certificate of Svc Encl ML20059M5591990-09-27027 September 1990 State of VT Answer in Opposition to Vermont Yankee Nuclear Corp Fifth Motion to Compel & State of VT Application for Protective Order.* Protective Order Should Be Issued So State Need Not Suppl Responses.W/Certificate of Svc ML20059M5711990-09-26026 September 1990 Supplemental Response to Applicant Interrogatories by State of VT (Set 3).* W/Certificate of Svc.Related Correspondence ML20059M6301990-09-21021 September 1990 Transcript of 900921 Affirmation/Discussion & Vote Public Meeting Re Termination of Plant Proceedings & Motions on ALAB-919 & Amends to 10CFR40 in Rockville,Md.Pp 1-5 ML20059L8791990-09-21021 September 1990 Memorandum & Order.* Motion to Dismiss Proceeding Granted & Proceeding Terminated.W/Certificate of Svc.Served on 900921 ML20059M6221990-09-21021 September 1990 Notice.* Notifies That Encl Request for Clarification from Commission Will Be Reported in NRC Issuances. Certificate of Svc Encl.Served on 900924 ML20059L8721990-09-14014 September 1990 Responses of Vermont Yankee Nuclear Power Corp to Document Requests Propounded by State of VT (Set 3).* Util Objects to Request on Grounds That Request Not Relevant to Admitted Contention.W/Certificate of Svc.Related Correspondence ML20059L8241990-09-14014 September 1990 Answers of Vermont Yankee Nuclear Power Corp to Interrogatories Propounded by State of VT (Set 3).* Supporting Info Encl.Related Correspondence ML20059L7241990-09-12012 September 1990 Motion to Compel Production of Documents (Set 1).* State of VT Should Be Compelled to Produce,In Manner Requested,Documents Requested in Util Requests 1-15 ML20059L7431990-09-12012 September 1990 NRC Staff Response to State of VT Motion for Leave to File Reply.* Licensing Board Should Grant State Motion.W/ Certificate of Svc ML20059C4891990-08-28028 August 1990 Responses to Document Requests by State of VT to Vermont Yankee Nuclear Power Corp (Set 1).* Certificate of Svc Encl. Related Correspondence ML20059C5341990-08-27027 August 1990 Memorandum & Order (Motion to Compel Answers to Interrogatories,Set 3).* State of VT Need Not Answer Interrogatories 1,5,14 or 15 Presently But Obligated To,If Further Info Develops.Served on 900827.W/Certificate of Svc ML20059C5931990-08-23023 August 1990 State of VT Motion for Leave to File Reply to Vermont Yankee Nuclear Corp & NRC Staff Answers to State of VT late-filed Contention.* Requests Permission to File Written Reply to Filings of Util & Nrc.W/Certificate of Svc ML20059C5471990-08-22022 August 1990 Stipulation Enlarging Time.* Parties Stipulate That Time within Which Licensee May Respond to State of VT Third Interrogatories & Requests for Production of Documents Enlarged to 900910.W/Certificate of Svc ML20059A8641990-08-17017 August 1990 State of VT Answer in Opposition to Vermont Yankee Nuclear Power Corp Fourth Motion to Compel & State of VT Application for Protective Order.* Board Should Deny Util Motion to Compel & Issue Protective Order.W/Certificate of Svc ML20059A9151990-08-13013 August 1990 NRC Staff Response to Motion to Amend State of VT Suppl to Petition to Intervene & Accept & Admit Addl late-filed Contention.* Licensing Board Should Reject Proposed Contention X.W/Certificate of Svc ML20059A9491990-08-13013 August 1990 Notice of Postponement of Prehearing Conference.* Conference Scheduled for 900821 & 22 in Brattleboro,Vt Postponed to Date to Be Determined Later.Certificate of Svc Encl.Served on 900814 ML20059A9031990-08-13013 August 1990 Responses to Interrogatories by State of VT to Vermont Yankee Nuclear Power Corp (Set 5).* Related Correspondence. W/Certificate of Svc ML20056B2221990-08-0808 August 1990 Answer of Vermont Yankee to State of VT Motion for Leave to Submit late-filed Contention.* Motion of State of VT for late-filed Contention Should Be Denied.W/Certificate of Svc ML20056B2141990-08-0606 August 1990 Supplemental Responses to Applicant Interrogatories by State of VT (Set 2).* Clarification Re Scope of Term Surveillance Program as Used in Contention 7 Provided.W/Certificate of Svc.Related Correspondence 1999-06-15
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DOCKETED UPl? C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 FEB 20 m:27 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
Vermont Yankee Nuclear Power ) Docket No. 50-271-OLA Power Corporation )
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(Vermont Yankee Nuclear Power )
Station)
NRC STAFF RESPONSE TO PETITION TO INTERVENE FILED BY THE STATE OF VERMONT I. INTRODUCTION On December 31, 1986, the Nuclear Regulatory Commission published in the Federal Register (51 Fed. Reg. 47,324) a notice entitled, " Vermont Yankee Nuclear Power Corp.; Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Ilarards Consider-ation Determination sw> Opportunity for Hearing." The notice concerned Vermont Yankee Nuclear Power Corporation's (the Licensee) April 26, 1986 application for an amendment to its operating license for the Vermont Yankee Nuclear Power Station, located in Vernon, Vermont. The pro-posed amendment would revise the Vermont Yankee Technical Specifica-tions to authorize the Licensee to increase the storage capacity of the spent fuel pool from 2000 fuel assemblies to 2870 assemblies.
The notice also stated that on June 18, 1986, the Commission had issued a Bi-weekly Notice of Applications and Amendments to Operating Licenses Involving No Significant Hazards Considerations (51 Fed. Reg.
22,226), which included notice concerning the proposed amendment of the 8702240110 870218 PDR ADOCK 05000274 g PDR
. Vermont Yankee license. The notice of June 18, 1986 included the Com-5 mission's proposed determination that the requested amendment involved no significant ha::ards considerations, offered an opportunity for comments en the Commission's proposed determination and offered an opportunity for the Licensee to request a hearing on the amendment and for persons whose interest might be affected to petition for leave to intervene. It failed, however, to provide the notice required by the Commission's regu-lation implementing Section 134 of the Nuclear Waste Policy Act of 1982, i.e. 10 C.F.R. 5 2.1107. Section 2.1107 requires that the notice of pro-posed action published in the Federal Register concerning an appifcation for an amendment to allow expansion of spent fuel pool storage capacity identify the availability of hybrid hearing procedures. The Commission's notice of December 31, 1986 supplied the information regarding hybrid hearing procedures required by 10 C.F.R. I 2.1107 and stated that any person whose interest might be affected and who wished to invoke the hybrid hearing procedures should file a written petition for leave to intervene.
On January 29, 1987, the State of Vermont filed a " Petition to Inter-vene" (petition). The NRC staff's response to the State's petition is set forth below.
II. DISCUSSION The State of Vermont requests a hybrid hearing. The requirements of 10 C.F.R. I 2.714 are applicable to hybrid hearings. 10 C.F.R.
l I 2.1107. Only parties may request the hybrid procedures. However, l
j Vermont's request is pursuant to the Commission's renotice of
. December 31, 1986, limiting timely petitions to those seeking to invoke the hybrid procedures.
A. The Standards for Intervention
- 1. The " Interest" Requirements of 10 C.F.R. I 2.714 Section 189a of the Atomic Energy Act of 1954, as amended, 42 U.S.C. I 2239(a), provides that:
In any proceeding under [the] Act , for the granting, suspending, revoking, or amending of any license . . .
the Commission shall grant a hearing upon the reauest of i
any person whose interest may be affected by the pro-ceeding, and shall admit any such person as a party to such proceeding.
Section 2.714(a)(2) of the Commission's Rules of Practice, 10 C.F.R.
S 2.714(a)(2), requires that a petition to intervene in a Commission pro-ceeding set forth with particularity:
(1) the interest of the petitioner in the proceeding; (2) how that interest may be affected by the results of the proceeding; and (3) the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
In order for intervention to be granted, the Atomic Safety and Licensing Board designated to rule on petitions to intervene and/or requests for hearing must find that the petition satisfies these standards.1#
~1/ Intervention may also be granted as a matter of discretion to a peti-
- tioner who is not entitled to intervention as a matter of right if the l petitioner can show that the Commission's specific criteria weigh in l
favor of discretionary intervention. See, Portland General Electric j Company (Pebble Springs Muclear Plant, Units 1 and 2), CLI 76-27, 4 NRC 610, 616 (1976). Since the State of Vermont has not ad-(FOOTNOTE CONTINUED ON NEXT PAGE) i
In determining whether the requisite interest prescribed by both Section 189a of the Atomic Energy Act and Section 2.714 of the Com-mission's Rules of Practice is present, the Commission has held that con-temporaneous judicial concepts of standing are controlling. Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2),
CLI-76-27, 4 NRC 610, 613-14 (1970). Thus, there must be a showing (1) that the action being challenged could cause " injury-in-fact" to the i person seeking to intervene 2,/ and (2) that such injury is arguably within the " zone of interests" protected by the Atomic Energy Act 3,/ of the National Environmental Policy Act. O Id. See also, Warth v. Seldin, 422 U.S. 490 (1975); Sierra Club v. Morton, 405 U.S. 727 (1972);
Association of Data Processing Service Organizations v. Camp, 397 U.S.
150, 153 (1970).
(FOOTNOTE CONTINUED FPM PREVIOUS PAGE dressed these criteria , which is its burden (Nuclear Engineering Company (Sheffield. Illinois, Low-Level Radiation Waste Disposal Site), ALAB-473, 7 NRC 737, 745 (1978)), discretionary intervention will not be discussed further.
-2/ " Abstract concerns" or a " mere academic interest" in the matter which are not accompanied by some real impact on a petitioner will not confer standing. See, Exxon Nuclear Company (Ten Applications for Low-Enriched Uranium Exports to EURATOM Member Nations),
CL1 77-24, 6 NRC 525, 531 (1977); Pebble Springs, CLI-76-27, su-pra, 4 NRC at 613. Rather the asserted harm must have some paf-ticular effect on a petitioner, Ten Applications, CLI-77-24, su ra, and a petitioner must have some direct stake in the outcome o te proceeding. See Allied-General Nuclear Services (Barnwell Fuel Re-ceiving and Eage Station), ALAB-328, 3 NRC 420, 422 (1976).
3/ 42 U.S.C. I 2011 et seq.
4/ 42 U.S.C. I 4321 et seq.
. 2. The " Aspect" Requirements of 10 C.F.R. I 2.714
- In addition to demonstrating " interest", a petitioner must set forth "the specific aspect or aspects of the subject matter of the proceed-ing as to which petitioner wishes to intervene." 10 C.F.R.
5/
, 5 2.714(a)(2). While there is little guidance in NRC case law concerning the meaning of " aspect" as the term is used in 10 C.F.R.
I 2.714, it appears that a petitioner may satisfy this requirement by identifying general potential effects of the licensing action or areas of concern which are within the scope of matters that may be considered in the proceeding. 6_/ See, Virginia Electric and Fower Co. (North Anna Power Station , Units 1 and 2), A LAD-146, 6 AEC 631, 633 (1973);
Ffetropolitan Edison Co. (Three F.lile Island Nuclear Station, Unit 1), Li-censing Board " Memorandum and Order Ruling on Petitions and Setting Special Prehearing Conference", dated September 21, 1979, slip op. at 6 (unpublished Order).
-5/ 10 C.F.R. I 2.714 also recuires the petitioner to file ". . . a sup-plement to his petition to intervene which must include a list of the l contentions which petitioner seeks to have litigated in the matter, I and the bases for each contention set forth with reasonable specific-ity." This section further provides: "A petitioner who fails to file such a supplement which satisfies the requirements of this paragraph l with respect to at least one contention will not be permitted to par-l ticipate as a party." The NRC staff will respond to the contentions set forth in the supplements after their receipt. Accordingly, noth-ing said here by the Staff regarding the petition's " aspects" is in-tended to apply in any way to satisfaction of the 10 C.F.R. 5 2.714 contention requirements.
-6/ The subject matter of the proceeding for purposes of identification of
" aspects" relates to the question of public health and safety of the l proposed action (issuance of the amendment) and not the procedural determination made by the Commission staff concerning whether or
- not the proposed action involves a "significant hazards considera-tion . " See, 5148 Fed. Reg. 7747 (March 6,1986).
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. B. The State of Vermont's Petition
- 1. Interest and Standing The State of Vermont states that it has a clear responsibility to insure that the health, welfare and safety of its people is not compro-mised by an improvident granting of the proposed license amendment.
Petition at 2. It further states that an increase in storage capacity of the spent fuel pool and the subsequent filling of that capacity could cre-ate increased risk to the public in the event of an accident involving the pool. Petition at 2-3. Thus, the Staff believes that the State has ade-quately set forth its interest and has shown how its interest might be affected by the outcome of the proceeding. Accordingly, the State has made the showing necessary to a finding that it has standing to intervene.
- 2. Specific Aspects of the Subject Matter of the Proceeding The State of Vermont has identified eight aspects on which it wishes to intervene. At least one of the aspects that the State identifies, "cuestions concerning the extent to which increased spent fuel storage would exacerbate the effect of a severe accident," (Petition at 4) is with-in the scope of the notice and thus of any proceeding that might be con-ducted pursuant to that notice. Accordingly, in the Staff's view, the l State of Vermont has properly identified at least one aspect on which it wishes to participate.
i
. III. CONCLUSION As discussed above, the NRC staff believes that the State of Ver-mont's petition satisfles the standing and " aspect" requirements of I 2.714.
Respectfully suhnitted, w \ NOc cT U Ann P. Hodgdon CotniseI for NRC Staff Dated at Bethesda, Maryland this 18th day of February,1987 I
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