ML042870557

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Stipulation and Request for Approval from the Vermont Department of Public Service
ML042870557
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 10/06/2004
From: Hofmann S
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8621
Download: ML042870557 (4)


Text

-RAS gz DOCKETED USNRC October 6, 2004 (12:39PM)

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

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 04-832-02-OLA OPERATIONS, NC. )

(Vermont Yankee Nuclear Power Station) )

STIPULATION AND REOUEST FOR APPROVAL Now comes the Petitioner, the Vermont Department of Public Service ("DPS"), and presents a Stipulation of the Parties and requests approval of the Stipulation. On October 5, 2004, the New England Coalition ("NEC") filed a request for additional time to file its Reply, extending the deadline from October 6, 2004 to October 11, 2004. No party objected to that request. Although the DPS did not intend to ask for an extension on its own behalf, it did assume that the filing date would be the same for both Replying parties. However, Entergy Nuclear Vermont Yankee and Entergy Nuclear Operations, Inc. ("Entergy"), did contact counsel for DPS on the morning of October 6, 2004, and expressed concern in terms of Entergy's preparation time for the prehearing conference call scheduled for October 13, 2004 if both Replies were not filed until Monday, October 11, 2004. Subsequent to that contact, the Department, Entergy, NRC Staff and NEC all agreed by telephone conversation that the Department could file its Reply on or before close of business on October 7, 2004.

WHEREFORE, the Department requests approval by the Atomic Safety and Licensing Board of the agreed upon filing date for the Department's Reply.

Respectfully submitted, Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601

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

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE LLC AND ENTERGY NUCLEAR ASLBP No. 04-832-02-OLA OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

CERTIFICATE OF SERVICE I hereby certify that copies of Stipulation and Request for Approval in the captioned proceeding has been served on the following by deposit in the United States mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 6 'h day of October, 2004.

Alex S. Karlin, Chair* Dr. Anthony J. Baratta*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: ajb5@nrc.gov Lester S. Rubenstein* Office of the Secretary*

Administrative Judge ATTN: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: 0-16CI Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov E-mail: lesrrrmmsn.com Office of Commission Appellate John M. Fulton, Esq.*

Adjudication Assistant General Counsel Mail Stop: 0-16C1 Entergy Nuclear Operations, Inc.

U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, DC 20555-0001 White Plains, NY 10601

Jay E. Silberg, Esq.* Raymond Shadis*

Matias Travieso-Diaz, Esq.* Staff Technical Advisor Shaw Pittman, LLP New England Coalition 2300 N St., NW P.O. Box 98 Washington, DC 20037-1128 Edgecomb, ME 04556 E-mail: jay.silbergeshawpittman.com E-mail: shadiseprexar.com matias.travieso-diaz~shawpittman.com Anthony Z. Roisman, Esq.* BrookePoole, Esq.*

National Legal Scholars Law Firm Robert Weisman, Esq.*

84 East Thetford Rd. Marisa Higgins, Esq.

  • Lyme, NH 03768 Office of the General Counsel E-mail: aroisman(valley.net Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdp(a).nrc. iov. rmw~a)nrc.gov. mch5@nrc.gov Respectfully submitted, Sarah Hofmann Special Counsel

112 STATE STREET FAX: (802) 828-2342 DRAWER 20 IITY (VI): 1-800-734-8390 MONTPELIER VT 05620-2601 e-mail: vtdpsepsd.state.vt.us TEL: (802) 828-2811 Internet: http://www.state.vt.us/psd STATE OF VERMONT DEPARTMENT OF PUBLIC SERVICE October 6, 2004 Office of the Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Attention: Rulemaking and Adjudications Staff Re: Docket No. 50-271 ASLBP No. 04-832-02-OLA: Extended Power Uprate at Vermont Yankee Nuclear Power Station

Dear Sir/Madam:

Please find enclosed for filing an original and two copies of the Vermont Department of Public Service's Stipulation and Request for Approval and Certificate of Service.

If you have any questions about this filing, please call me at 802-828-3088. Thank you for your assistance in making this filing.

Very truly yours, Sarah Hofm Special Counse cc: Attached Certificate of Service