ML043240122

Letter from Jay E. Silberg to Jonathan M. Block Responding to Mr. Block'S November 10, 2004 Letter Related to Docketed Information About Vermont Yankee'S Extended Power Uprate Application.

ML043240122
Person / Time
Site:	Vermont Yankee
Issue date:	11/11/2004
From:	Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, ShawPittman, LLP
To:	Block J New England Coalition, Office of Nuclear Reactor Regulation
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 8841
Download: ML043240122 (3)

Text

'RAs S-'/l ShawPittmanLLp A Limited Liabilit Partnership Including Professional Corporarions JAY E.SILBERG (202) 663-8063 jaysilbergashawpittman.com DOCKETED USNRC November 11, 2004 November 11, 2004 (5:00pm)

Jonathan M. Block, Esq. OFFICE OF SECRETARY 94 Main Street RULEMAKINGS AND P.O. Box 566 ADJUDICATIONS STAFF 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 is to in response to your letter to me dated November 10, 2004 in connection with my client's voluntarily providing the New England Coalition ('"NEC") with copies of docketed information regarding Vermont Yankee's Extended Power Uprate ("EPU")

application (EPU Supplements 15 through 20 covering September 23, 2004, to the present) which may be currently unavailable to NEC due to the ADAMS access restrictions.

Your letter terms Entergy's voluntary undertaking "wholly inadequate," and goes on to request that Entergy provide "all EPU-related information that would be normally be available as public records in the public document collection were it not for the closing of ADAMS" and, in addition, "all documentation of EPU related applications for fuel changes and alternate source term, all requests for exemptions, technical specification changes, exceptions, notices under §50.59, and all other correspondence or documents provided to NRC that are in any way related to or support of the proposed Extended Power Uprate." Your letter indicates that NEC needs these materials in order to "adequately prosecute its case."

At the time it prepared its August 30, 2004 request for a hearing, NEC had full access to the documents in ADAMS. Presumably, at that time NEC examined the public record to the extent needed to identify the contentions it wished to raise and obtain supporting documentation. NEC's request for hearing is currently under review by the Licensing Board. Until the Board rules on the NEC's request, there is nothing more that NEC is required to do to "adequately prosecute its case." If NEC is admitted as a party to this proceeding, it will be able to obtain discovery in accordance with NRC's rules as to those of its contentions that are admitted, including all documents within Entergy's control that are relevant to the contentions and the NRC's hearing file as described in 10 CFR 2.336(b).

Washington, DC Northern Virginia le-Mlat = 54'Cy- 01/3New York Los Angeles 2300 N Street, NW Washington, DC 20037-1128 202.663.8000 Fax:202.663.8007 wwwshowpittman.com London SECk -OA

ShawPittman LLP _

Jonathan M. Block, Esq.

November 11, 2004 Page 2 It may well be that, once access to ADAMS is restored, NEC may seek to raise late-filed contentions based on information that was not available to it because of the ADAMS shutdown. In that case, NEC can invoke the lack of access to ADAMS to meet the requirements in 10 C.F.R. § 2. 309(f)(2) for contentions filed after the initial filing.

However, NEC has no legal basis to demand the kind of document production called for by your letter. That said, Entergy intends to continue to provide NEC with any other non-proprietary EPU filings that we may make prior to the resumption of ADAMS accessibility.

Sincerely, Ja . lberg Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

cc: Service List Documcnt #: 1443430 v.I

VERMONT YANKEE OLA SERVICE LIST (Docket No. 04-832-02-OLA)

• Administrative Judge *Administrative Judge Alex S. Karlin, Chair 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, D.C. 20555-0001 Washington, D.C. 20555-0001 ask2(Thnrc.gov lesrrr(imsn.com

• Administrative Judge Atomic Safety and Licensing Board Dr. Anthoy J. Baratta Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 aib50)nrc.gov

• Secretary Office of Commission Appellate Att'n: Rulemakings and Adjudications Staff Adjudication Mail Stop 0-16 C1 Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secyvi~nrc.gov, hearingdocketftnrc.gov

• Sarah Hofmann *Brooke Poole, Esq.

Special Counsel *Robert Weisman, Esq.

Department of Public Service *Marisa Higgins, Esq.

112 State Street - Drawer 20 Office of the General Counsel Montpelier, VT 05620-2601 Mail Stop 0-15 D21 Sarah.Hofmann(,state.vt.us U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdpainrc.gov. rmv(anrc.gov, mch5(finrc.gov

• Anthony Z. Roisman *Jonathan M. Block National Legal Scholars Law Firm 94 Main Street 84 East Thetford Rd. P.O. Box 566 Lyme, NH 03768 Putney, VT 05346-0566 aroismana,)val ley.net jonbalsover.net

• Raymond Shadis New England Coalition P.O. Box 98, Shadis Road Edgecomb ME 04556 shadis(iprexar.com