ML043230522
| ML043230522 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/18/2004 |
| From: | Poole B NRC/OGC |
| To: | Block J New England Coalition |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 8870 | |
| Download: ML043230522 (2) | |
Text
November 18, 2004 Jonathan M. Block, Esq.
94 Main Street P.O. Box 566 Putney, VT 05346-0566 In the Matter of ENTERGY NUCLEAR VERMONT YANKEE LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-OLA
Dear Mr. Block:
This responds to your letter to me dated November 10, 2004, pertaining to the unavailability of the Nuclear Regulatory Commissions (NRC) Agencywide Documents Access and Management System (ADAMS).
In your letter, you request that the NRC staff provide all [NRC-generated] correspondence, documentation, requests for additional information, and any other related and relevant material that would reasonably attach to any of several topics addressed in your letter, including the Vermont Yankee extended power uprate (EPU) application, the Vermont Yankee engineering inspection, and EPU-related applications, including the pending license amendment request to implement an alternative source term at Vermont Yankee. As stated in our November 5, 2004, answer to your motion seeking procedural protections in this proceeding, both you and the New England Coalitions (NEC) Technical Advisor, Mr. Raymond Shadis, are already included on the NRCs distribution list for outgoing, publically available docketed correspondence from NRC headquarters to Entergy associated with the Vermont Yankee Nuclear Power Station. This encompasses correspondence with Entergy regarding not only the EPU application, but all correspondence related to the plant, including any other pending licensing action, whether or not related to the EPU. NEC will continue to be on our distribution list for such correspondence.
The Staff regrets the inconvenience to this proceeding resulting from the security review. As noted in our November 17, 2004 letter to the Licensing Board and participants, we are hopeful that CITRIX access to ADAMS may be restored within the next week. In the meantime, we continue to believe that the provisions of 10 C.F.R. § 2.309(c) and (f)(2) with respect to the
Jonathan M. Block, Esq.
November 18, 2004 submission of late-filed contentions take into account the unavailability of information -
including the lack of public access to ADAMS - upon which a new or amended contention is based. These regulations, in our view, preserve a petitioners ability to proffer late-filed contentions based on material which is temporarily unavailable to the petitioner.
Sincerely,
/RA/
Brooke D. Poole Counsel for NRC Staff cc:
Administrative Judge Alex S. Karlin Office of the Secretary Administrative Judge Anthony J. Baratta Office of Commission Appellate Administrative Judge Lester S. Rubenstein Adjudication Sarah Hofmann, Esq.
Anthony Z. Roisman, Esq.
Raymond Shadis Matias Travieso-Diaz, Esq.
Jay Silberg, Esq.
Douglas Rosinski, Esq.