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Category:Legal-Correspondence
MONTHYEARML12181A4902012-06-26026 June 2012
6/26/12 - Vermont Pub Serv V NRC Opinion
ML12181A5092012-06-26026 June 2012
Order Denying Petitions for Review
ML12146A1592012-05-21021 May 2012
5/25/12 - Fed Respondents Post Argument Filing
ML1211006992012-04-13013 April 2012
Order - Deferring Motion to Strike
ML1211006872012-04-12012 April 2012
Motion for Admission Pro Hac Vice
ML1211007042012-04-0909 April 2012
Order - VY Order Support Appendix
ML12152A0802012-03-19019 March 2012
Final Respondents Brief
ML12152A1062012-03-19019 March 2012
Entergy Final Brief
ML1203004582012-01-27027 January 2012
Oral Argument Scheduled for May 9, 2012, Vermont Dept of Public Service,Et, Al., Petitioners V. USNRC, Et Al., Respondents
ML1105407332011-02-23023 February 2011
Letter from Annette L. Vietti-Cook to the Honorable Paul W. Hodes Re Director'S Decision 11-01
ML1019305132010-07-12012 July 2010
Memorandum to the Participants Chairman Gregory B. Jaczko'S Upcoming Tour of the Vermont Yankee Nuclear Power Station and Round Table Discussion
ML0914106802009-05-21021 May 2009
2009/05/21-Vermont Yankee - Safety Evaluation Report Related to the License Renewal of Vermont Yankee Nuclear Power Station - Supplement 1
ML0906903022009-02-26026 February 2009
Letter to Board Advising of Some Inconsequential Cha Nges in the Confirmatory Environmentally Assisted Fatigue Analyses That Were Provided to the Parties on January 9, 2009
ML0903303352009-01-0808 January 2009
Entergy Nuclear Vermont Yankee, LLC, and-Entergy Nuclear Operations, Inc., (Vermont Yankee), Corrected Letter to Board & Parties Re Confirmatory Calculations for CS & RO
ML0902305552009-01-0808 January 2009
in the Matter of Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station). CUF Analyses on CS Nozzle and RO Nozzle at Vermont Yankee Nuclear Power Station
ML0900502542008-12-23023 December 2008
Motion for Leave and Brief Amicus Curiae on Parties in the Matter of Entergy Nuclear Vermont Yankee, and Entergy Nuclear Operations in Reliance Upon Certificate of Service List from NRC Staff'S Petition for Review Dated December 9, 2008
ML0823211072008-08-13013 August 2008
Joint Proposed Transcript Corrections
ML0821200552008-07-18018 July 2008
Request for Explanation Re. Absence of Kenneth Chang to Testify
ML0820605492008-07-18018 July 2008
State of New Hampshire List of Hearing Attendees
ML0820406362008-07-15015 July 2008
New England Coalition, Inc.'S List of Hearing Attendees
ML0820406162008-07-14014 July 2008
Entergy'S List of Hearing Attendees
ML0819602912008-07-11011 July 2008
Vermont Yankee - Letter to Administrative Judges Transmitting Staff Non- Disclosure Agreements for Hearing
ML0819602392008-07-11011 July 2008
Vermont Yankee - Letter to Administrative Judges Regarding Unavailability of NRC Staff Witness for Hearing July 20, 2008
ML0817506792008-06-20020 June 2008
Vermont Yankee - Letter to Board Transmitting Proposed Questions
ML0816908252008-06-17017 June 2008
Vermont Yankee - NRC Staff Hearing File Update Supplement 23
ML0814906312008-05-28028 May 2008
2008/05/28-Letter to Board from Staff Transmitting NUREG-1907-Safety Evaluation Report Related to License Renewal of Vermont Yankee Nuclear Power Station, Volumes 1 and 2
ML0815504222008-05-28028 May 2008
Commonwealth of Massachusetts' Designation of Single Representative
ML0814306822008-05-22022 May 2008
Letter to Atomic Safety and Licensing Board Corrected Affidavit of Kenneth Chang (Exhibit 2) and Missing Page 4-43 to Staff Exhibit 1
ML0812903772008-05-0202 May 2008
2008/05/02-Memorandum to Chairman Klein from the Inspector General on the Subject of NRC Staff Review of License Renewal Applications
ML0812805922008-04-29029 April 2008
New England Coalition, Inc.'S (NEC) Motion to Withdraw Motion to Compel and for Subpoena
ML0812603282008-04-25025 April 2008
in the Matter of Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 & 3), Forwarding Courtesy Copy of Court of Appeals Decision to Deny Commonwealth of Massachusetts' Petitions for Review for Pilgrim and Vermont Yanke
ML0810704562008-04-0404 April 2008
Entergy'S Statement of Witness Availability
ML0810502602008-04-0404 April 2008
New England Coalition, Inc.'S (NEC) Statement of Witness Availability
ML0810501382008-04-0404 April 2008
Transmittal of State of New Hampshire'S Statement of Date Blackout
ML0810603232008-04-0303 April 2008
2008/04/03-State of Vermont Response to Order Requiring Information of Anticipated Schedule Conflicts in August and September Evidentiary Hearings for Vermont Yankee Nuclear Power Station License Renewal
ML0807204812008-03-12012 March 2008
Vermont Yankee - NRC Staff Declaration of Position
ML0807401992008-03-0707 March 2008
New England Coalition, Inc.'S (NEC) Final Witness List
ML0807204262008-03-0606 March 2008
Entergy'S Final List of Witnesses
ML0806700882008-03-0606 March 2008
Vermont Yankee - NRC Staff Final Witness List
ML0805706532008-02-26026 February 2008
Vermont Yankee - Letter to the Licensing Board Regarding Issuance of SER
ML0733212822007-11-26026 November 2007
E-mail from Sarah Hofmann to the Board and Parties Re Black Out Dates for Evidentiary Hearings
ML0731204512007-11-0808 November 2007
Commonwealth of Massachusetts V. United States Nuclear Regulatory Commission and the United States of America, Nos. 07-1482, 07-1483 (Consolidated)
ML0731204532007-11-0101 November 2007
Commonwealth of Massachusetts V. United States and Unites States Nuclear Regulatory Commission Nos. 07-1482; 07-1483
ML0730502172007-10-31031 October 2007
Commonwealth of Massachusetts V. NRC, No. 07-1482
ML0727500532007-10-0101 October 2007
Letter from J. Samuel Walker to Scott H. Strauss and Rebecca J. Baldwin Re Local 369 Petition for Leave to Intervene
ML0725601052007-08-29029 August 2007
Commonwealth of Massachusetts V. USNRC, Nos. 07-1482 and 07-1483; Unopposed Motion for Extension of Time to File Respondents' Brief
ML0721900342007-07-24024 July 2007
Letter from Karen Tyler Enclosing a Complete Copy of Attachment A. an Incomplete Copy Was Erroneously Filed with New England'S Coalition, Inc.'S Supplement to Opposition to Entergy'S Motion for Summary Disposition...Dated 07/19/07
ML0719302612007-07-11011 July 2007
Notice of Withdrawal of Mitzi A. Young
ML0718702962007-06-29029 June 2007
Letter from Sarah Hofmann to Administrative Judges Informing That Counsel for the Vermont Department of Public Service Are Available Throughout February and March of 2008 for Hearings
ML0719903452007-06-29029 June 2007
Letter from Sarah Hofmann to Administrative Judges Informing That the Counsel for the Vermont Department of Public Service Are Available Any of the Dates for the Site Visit Except for October 5, 8, 9 and 10
2012-06-26
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Text
UNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, DC 20555 - 0001 CASE WAS ARGUED ON MAY 9, 2012 May 21, 2012
Judge Karen L. Henderson Judge Judith W. Rogers Judge Merrick B. Garland
c/o Mr. Mark Langer, Clerk, United States Court of Appeals for the D.C. Circuit E. Barrett Prettyman United States Courthouse 333 Constitution Avenue NW Washington, DC 20001-2866 Re: Vermont Dept. of Pub. Serv. v. NRC , No. 11-1168 (consol. with No. 11-1177)
Dear Judges Henderson,
Rogers, and Garland:
This letter responds to the Court's May 9, 2012 Order directing the parties to file a post-argument submission addressing their "position on the status of the
section 402 matter."At oral argument, the Court asked whether the Vermont Yankee nuclear power plant ("Vermont Yankee") currently possesses a valid, effective permit issued pursuant to Vermont's EPA-approved National Pollutant Discharge Elimination System ("NPDE S") program under § 402 of the Clean Water Act, 33 U.S.C. § 1342. The answer to that question is yes.
As we noted in our brief (at 14 n.2), Vermont last renewed Vermont Yankee's § 402 permit in 2001. When issued, that permit was set to expire on March 31, 2006. But Entergy applied for a renewed § 402 permit 180 days before that deadline. Vermont law expressly pr ovides that when a licensee submits a sufficient application for the renewal of a license at least 180 days before its expiration date, "
the existing license does not expire
" until the relevant state agency takes final agency action on the application and the period for judicial review runs out. 3 V.S.A. § 814(b).
See also 3 V.S.A. § 801(b)(3) (a "license" as used in § 814(b) includes "any agency permit," such as a § 402 permit). In this respect, Vermont law is consistent with the federal Administrative Procedure Act's "timely-renewal" provision, 5 U.S.C. § 558(c).
See also 40 C.F.R. § 122.6.
USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 1 of 3 Thus, although Vermont officials have not yet issued or denied a renewed § 402 permit to Vermont Yankee, Entergy's timely app lication means that the existing § 402 permit remains valid. Indeed, in 2009, Vermont's own Attorney General told the Vermont Supreme Court that "Entergy-applied for [Vermont Yankee's] renewal permit on September 30, 2005 [and therefore] it is allowed to operate-until [Vermont's Agency of Natural Resources] rules on the renewal permit application." Brief of Appellee/Cross-Appellant State of Vermont, In re Entergy Nuclear Vermont Y ankee Discharge Permit 3-1199 , 187 Vt. 142 (2009) (No.08-295) at 14 n.13 (citing 3 V.S.A.
§ 814(b)) (brief available at 2009 WL 1114797). The Vermont Supreme Cour t later confirmed this fact.
See In re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 187 Vt. 142, 150 n.4 (2009).
In summary, when NRC renewed Vermont Yankee's license, Entergy's application for a renewed § 402 permit was pending with Vermont's Agency of Natural Resources. That is still the case. But, as we explained above, under Vermont law the terms of Vermont Yankee's § 402 permit from 2001 continue to apply, given Entergy's timely application for a renewed permit.
See Record Appendix at 144-197 (copy of § 402 permit, as amended).
1 1 While § 402 of the Clean Water Act provides that NPDES permits are for fixed terms not to exceed five years, see 33 U.S.C. § 1342(b)(1)(B), sometimes permits like Vermont Yankee's remain effective for longer periods while the responsible state agencies process the applications for renewed permits. For instance, the Millstone nuclear power plant's application for a renewed § 402 permit had been before the State of C onnecticut for over eight years when NRC issued Millstone's renewed operating license in 2005.
See U.S. Nuclear Regulatory Commission, Supplemental Environmental Impact Statement for License Renewal of Millstone Power Station Un its 2 and 3, App. E, Tabl e E-2 (2005), available at:
http://www.nrc.gov/reading-rm/doc-collec tions/nuregs/staff/sr1437/supplement22/
sr1437s22app2.pdf (relying on still-effective 1992 permit because renewal application submitted in 1997 remained pending with the relevant state agency).
USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 2 of 3 Therefore, Vermont Yankee continues to possess a valid, effective permit under § 402 of the Clean Water Act.
Respectfully submitted,
____/s/__________________ ____
/s/_______________________ JOHN E. ARBAB SEAN D. CROSTON Attorney Attorney U.S. Department of Justice U.S. Nuclear Regulatory Appellate Section Commission Environment & Natural Resources Div. Office of the General Counsel 202-514-4046 301-415-2585 John.Arbab@usdoj.gov Sean.Croston@nrc.gov USCA Case #11-1168 Document #1374788 Filed: 05/21/2012 Page 3 of 3
