ML042940087

LB Memorandum and Order (Oral Argument Schedule)

ML042940087
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	10/18/2004
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8641
Download: ML042940087 (8)

Text

RAS 8641 UNITED STATES OF AMERICA DOCKETED 10/18/04 NUCLEAR REGULATORY COMMISSION SERVED 10/18/04 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-OLA ENTERGY NUCLEAR VERMONT YANKEE ASLBP No. 04-832-02-OLA L.L.C.

and October 18, 2004 ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

MEMORANDUM AND ORDER (Oral Argument Schedule)

On October 13, 2004, this Board conducted a telephonic prehearing conference that included representatives of Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc. (collectively, Entergy), the Vermont Department of Public Services (State),

the New England Coalition (NEC), and the NRC Staff, (collectively, the Participants), to discuss the need for oral argument on issues related to the contentions and other preliminary legal matters raised in their pleadings. Each Participant advised the Board as to its estimate of the amount of time it would need for any such oral argument. After considering this input, the Board concludes that it will hold oral argument on October 21 and 22, 2004 on the issues specified below.

In light of the potential amount of public interest in this proceeding, the location of the oral argument has been changed. Instead of holding it at the previously noticed location, the

October 21 and 22 oral argument will now be held at Brattleboro Area Middle School, located at 109 Sunny Acres, Brattleboro, VT 05301.

The Board will conduct the oral argument pursuant to the schedule specified below.

First, we will hear argument on several preliminary legal issues raised in the pleadings.1 Second, the Board will hear argument on specific contentions.2 The petitioner (the State or NEC) will have a total of 20 minutes for each contention. Entergy will have 15 minutes and the NRC Staff will have 10 minutes. Finally, the Board will hear argument as to the form (Section 274(l) of the Atomic Energy Act and Subpart L vs. Subpart G) of any evidentiary hearing that may be held. At the outset of each section or individual contention, the petitioner may reserve up to one-half of its time for rebuttal. All time periods include the time for responding to questions from the Board.

In formulating their arguments, Participants should keep in mind that the Board will have read their pleadings and should focus solely on the critical points in controversy as those issues have emerged in the pleadings. The main purpose of the oral argument is to allow the Board to elicit legal and factual points that will assist it in deciding the issues presented by the pleadings.

Oral argument will commence at 9:00 AM on October 21, 2004 and will be conducted in accordance with the following schedule:

1 The preliminary legal issues raised in the pleadings include: (1) standards for the admissibility of contentions, (2) whether and how the brief explanation of the basis for the contention required under 10 C.F.R. § 2.309(f)(1)(ii) defines or limits the scope of any admitted contention; and (3) the scope of an extended power uprate license amendment proceeding.

2 The Participants are encouraged to enter into stipulations, as discussed in the prehearing conference, that will serve to reduce or eliminate issues or contentions.

1. Call to order, introductory remarks.

2. Preliminary Legal Issues State: 20 minutes NEC: 20 minutes Entergy: 20 minutes NRC Staff: 20 minutes

3. State Contention 2

4. State Contention 4

5. State Contention 1

6. NEC Contention 6

7. State Contention 3

8. NEC Contention 4

9. State Contention 5 (if necessary)

10. NEC Contention 1

11. NEC Contention 2

12. NEC Contention 3

13. NEC Contention 5

14. NEC Contention 7

15. Form of Evidentiary Hearing Issues State: 20 minutes NEC: 15 minutes Entergy: 20 minutes Staff: 15 minutes

16. Adjourn

The purpose of this proceeding is to evaluate the admissibility of the petitioners contentions and the legal issues presented in the Participants pleadings and therefore oral argument will only be heard from the Participants. All members of the public are welcome to attend and observe this proceeding. As this is an adjudicatory proceeding, the Board intends to conduct an orderly hearing and signs, banners, posters, and displays are prohibited in accordance with the attached NRC policy. See 66 Fed. Reg. 31719 (June 12, 2001). All interested persons should arrive early and allow sufficient time to pass through security screening.

As stated in our October 1, 2004 order, oral limited appearance statements in accord with 10 C.F.R. § 2.315(a) will not be heard on October 21 and 22, 2004. If, after the oral argument is complete, contentions are admitted, then oral limited appearance statements will be heard at a later evidentiary hearing. In the interim, interested individuals may submit a written limited appearance statement related to the issues in this proceeding. All such written statements 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 BOARD***

/RA/

Alex S. Karlin ADMINISTRATIVE JUDGE Rockville, Maryland October 18, 2004 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 NRC Staff.

ATTACHMENT 1 PROCEDURES FOR PROVIDING SECURITY SUPPORT FOR NRC PUBLIC MEETINGS/HEARINGS (As published at 66 Federal Register 31719 on June 12, 2001)

These procedure will be used by NRC Headquarters and regional staff and are applicable to public hearings/meetings held at NRC Headquarters buildings, other NRC space in the Washington, D. C. area and or regional locations to include space leased for the occasion.

In order to balance the orderly conduct of government business with the right of free speech, the following procedures regarding attendance at NRC public meetings and hearings have been established:

Visitors (other than properly identified Congressional, press and government personnel) may be subject to personnel screening such as passing through metal detectors and visitors briefcases, packages, etc., may be subject to inspection.

Signs, banners, posters and displays will be prohibited from all NRC adjudicatory proceedings (Commission and Atomic Safety and Licensing Board Panel hearings) because they are disruptive to the conduct of the adjudicatory process. Signs, banners, posters and displays not larger than 18" square will be permitted at all other NRC proceedings, but cannot be waved, held over ones head or generally moved about while in the meeting room. Signs, banners, posters and displays larger than 18" will not be permitted in the meeting room because they are disruptive both to the participants and to the audience. Additionally, signs, banners, posters and displays affixed to any sticks, poles or other similar devices will not be permitted in the meeting room.

The presiding official will note any disruptive behavior on the record and warn the person to cease such behavior. If the person does not cease the behavior, the presiding official will call a brief recess to restore order or ask one of the security personnel on hand to remove the person.

For Further Information contact:

Mark Lombard, Chief Security Branch Division of Facilities and Security Office of Administration U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Telephone: 301-415-7404

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 (ORAL ARGUMENT SCHEDULE) 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

8 Docket No. 50-271-OLA LB MEMORANDUM AND ORDER (ORAL ARGUMENT SCHEDULE)

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 Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 18th day of October 2004