ML042820083

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LB Memorandum and Order (Scheduling Prehearing Conference Call and Oral Argument)
ML042820083
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 10/01/2004
From: Karlin A
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271, ASLBP 04-832-02-OLA, RAS 8553
Download: ML042820083 (5)


Text

RAS 8553 UNITED STATES OF AMERICA DOCKETED 10/01/04 NUCLEAR REGULATORY COMMISSION SERVED 10/01/04 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of Docket No. 50-271 ENTERGY NUCLEAR VERMONT YANKEE ASLBP No. 04-832-02-OLA L.L.C.

and October 1, 2004 ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

MEMORANDUM AND ORDER (Scheduling Prehearing Conference Call and Oral Argument)

This memorandum and order is to notify Entergy Nuclear Vermont Yankee L.L.C., the Vermont Department of Public Services, the New England Coalition, the NRC staff (collectively participants), and the public that the Board has scheduled two meetings to be held in this proceeding.

First, on October 13, 2004; at 2:00 PM ET the Board will conduct a prehearing conference call with the participants. The purpose of the call is to discuss the need for oral argument on standing, the admissibility of contentions, and any other preliminary issues raised in the Vermont Department of Public Service Notice of Intention to Participate and Petition to Intervene (Vermont Petition), and the New England Coalitions Request for Hearing, Demonstration of Standing, Discussion of Scope of Proceeding and Contentions (NEC Petition), both dated August 30, 2004. The participants are instructed to be ready to advise the Board as to the amount of time they believe they will need in order to address these issues at

oral argument, the consolidation of arguments on related contentions, and the designation of sole and lead counsel for purposes of the oral argument on related contentions. The conference call is expected to last no more than one and one-half hours. On or before October 8, 2004, the counsel or pro se representative for each of the participants should contact Karen S. Valloch at 301-415-7405 to obtain the telephone number and pass code for the conference call and to advise her as to the name of the one person who will represent the participant in the call.

Second, on October 21, 2004; at 9:00 AM ET the Board will hear oral argument from the participants on such issues as standing, admissibility of contentions, and other preliminary issues as may assist the Board in expeditiously deciding such matters. The hearing will be held in the Maria Lawrence Room at the Vermont Agricultural Business Education Center in Brattleboro, VT. Please see the centers internet site at vabec.com or telephone the center at 802-257-4755 for directions. Participants should reserve both October 21 and October 22 for this proceeding. Prior to that date, the Board intends to issue an order establishing the sequence and allocation of time it will assign for each issue warranting oral argument. If, after the October 13, 2004 conference call, the Board concludes that oral argument is unnecessary, it will so advise the participants.

Oral limited appearance statements pursuant to 10 C.F.R. § 2.315(a) will not be received at the oral argument, although such statements may potentially be heard in the future.

Any interested individual may, however, file a written limited appearance statement setting forth his or her position on the issues in this proceeding. A written statement of this sort may be submitted at any time and should be sent either by (1) mail to the Office of the Secretary, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and Adjudications Staff, with a copy to the Chairman of this Licensing Board at Mail Stop T-3F23,

Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; (2) e-mail to the Office of the Secretary at hearingdocket@nrc.gov, with a copy to the Board Chairman (ask2@nrc.gov); or (3) fax to the Office of the Secretary at (301) 415-1101 (facsimile verification number: (301) 415-1966), with a copy to the Board Chairman at (301) 415-5599 (facsimile verification number: (301) 415-7550).

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

Alex S. Karlin ADMINISTRATIVE JUDGE Rockville, Maryland October 1, 2004 1

Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) licensees Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc.; (2) petitioners Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; and (3) the staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ) Docket No. 50-271-OLA and ENTERGY NUCLEAR OPERATIONS, INC. )

)

Vermont Yankee Nuclear Power Station) )

)

(Operating License Amendment) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (SCHEDULING PREHEARING CONFERENCE CALL AND ORAL ARGUMENT) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Anthony J. Baratta Lester S. Rubenstein Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Brooke D. Poole, Esq. Raymond Shadis Robert M. Weisman, Esq. New England Coalition Marisa C. Higgins, Esq. P.O. Box 98 Office of the General Counsel Edgecomb, ME 04556 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 John M. Fulton, Esq. Sarah Hofmann, Esq.

Assistant General Counsel Special Counsel Entergy Nuclear Operations, Inc. Department of Public Service 440 Hamilton Avenue 112 State Street - Drawer 20 White Plains, NY 10601 Montpelier, VT 05620-2601

5 Docket No. 50-271-OLA LB MEMORANDUM AND ORDER (SCHEDULING PREHEARING CONFERENCE CALL AND ORAL ARGUMENT)

Anthony Z. Roisman, Esq. Jay E. Silberg, Esq.

National Legal Scholars Law Firm Matias F. Travieso-Diaz, Esq.

84 East Thetford Rd. Douglas J. Rosinski, Esq.

Lyme, NH 03768 Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128

[Original signed by Adria T. Byrdsong]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 1st day of October 2004