ML060440144
| ML060440144 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 02/03/2006 |
| From: | Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 11165 | |
| Download: ML060440144 (8) | |
Text
2300 N Street, N.W.
Tel 202.663.8000 Washington, D.C. 20037-1128 Fax 202.663.8007 www.villsburylaw.com Winthrop Shaw Pittman..
Jay E. Silberg 202-663-8063 February 3, 2006 jay.silberg~pillsburylaw.com Administrative Judge Alex S. Karlin, Chairman Administrative Judge Anthony J. Baratta Administrative Judge Lester S. Rubenstein Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 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 Chairman Karlin and Judges Baratta and Rubenstein:
This letter provides a report to the Board on two matters at to which the parties indicated agreement at the telephone prehearing conference on January 24, 2006. In light of that agreement, the Board directed the parties to prepare and submit suitable stipulations by February 3, 2006.
The first matter was the parties' agreement not to request that this proceeding be conducted under the procedures of Subpart G of 10 C.F.R. Part 2, but be conducted under Subpart L procedures. Such a stipulation has been prepared and agreed to by the parties.
Executed copies by Applicants, the NRC Staff and the Department of Public Service are enclosed with this letter. The New England Coalition's representative informed us this afternoon that its executed stipulation is being mailed out tonight. We will provide it to the Board and the parties on Monday.
The second matter to which the parties indicated agreement at the prehearing conference was the scope of New England Coalition ("NEC") Contention 3, and specifically the identification of the Large Transients that NEC claims should be tested as a condition of approving Entergy's Extended Power Uprate ("EPU") application. At the prehearing conference, we stated that the large transient tests that are the subject of the contention have always been the Main Steam Isolation Valve ("MSIV") Closure Test and the Turbine Generator Load Rejection Test. Tr. 712-13. NEC's representative Mr.
DOCKETED
February 4, 2006 (8:00am)
OFFICE OF SECRETARY
RULEMAKINGS AND
ADJUDICATIONS STAFF RAS 11165
Chairman Karlin and Judges Baratta and Rubenstein February 3, 2006 Page 2 Shadis indicated his agreement with our position. Tr. 718-20. In further conversations with Mr. Shadis on February 1 and today, we were informed that NEC seeks more time to consider whether the "Large Transient Tests" subject to NEC Contention 3 should also include a station blackout test. Mr. Shadis stated that he would let us know NEC's position by next Wednesday. We will inform the Board as to whether the parties are in agreement upon hearing from NEC.
Sincerely, J
E. ilberg Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Enclosure 400315314
6.5, February 3, 20O6 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGUILATORY COMMISSION USNRC February 4, 2006 (8:00am)
Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of
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Docket No. 50-271 ENTERGY NtJCLEAR VERMONT
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YANKEE, LLC and ENTERGY
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ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
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(Operating License Amendment)
(Vermont Yankee Nuclear Power Station)
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STIPULATION OF THE PARTIES WAIVING SUBPART G HEARING This Stipulation is entered into between and among the Applicants, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. ("Applicant"), the Vermont Department of Public Service ("DPS"), the New England Coalition ("NEC") and the U.S.
Nuclear Regulatory Commission Staff ("Staff'), who are referred to collectively as the "parties."
WHEREAS, on December 16, 2004, the Atomic Safety and Licensing Board ("Board")
issued its Memorandum and Order (Selection of Hearing Procedures and Ruling on State Statutory Claim), LBP-04-31, 60 NRC 686, 706, which concluded that the upcoming hearing in this proceeding would be conducted under the procedures of 10 C.F.R. Part 2, Subpart L rather those of Subpart G; WHEREAS, the Board also indicated that "[i]f however, at some later stage in this proceeding (I, when the identity of witness es is known) a party submits a motion pursuant to 10 C.F.R. § 2.310(d), arguing that the credibility of an eyewitness as to a material past activity reasonably may be expected to be in issue, we may revisit the matter at that time." 60 NRC at 703, footnote omitted.
WHEREAS the parties do not intend t:o seek that the hearings in this proceeding be conducted under the procedures in 10 C.F.R. Part 2, Subpart G.
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I NOW, THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:
- 1. The parties agree and stipulate that they will not seek that the hearings in this proceeding, or any part of the proceeding, be conducted using the procedures in 10 C.F.R. Part 2, Subpart G.
- 2. Nothing in this stipulation shall be deemed to waive the right of any party to contest, by appeal to the Commission or otherwise, any part of the Board's rulings in LBP-04-3 1.
- 3. Nothing in this stipulation shall be deemed to curtail the right of any party to request by motion the application of the party cross-examination procedures in 10 C.F.R. § 2.1204, nor to require the granting of any such motion.
Ja#. ilberg Malias. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05602-2601 Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 2
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Raymond Shadis New England Coalition I
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'Edgecomb ME 04556 Sherwin E. Turk Robert Weisman Jason C. Zorn Counsel for the NRC Staff Office of the General Counsel Mail Stop 0-15 D21 UJ.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dated: February 3, 2006 3
l t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Docket No. 50-271 ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
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ASLBP No. 04-832-02-OLA (Operating License Amendment)
CERTIFICATE OF SERVICE I hereby certify that copies of the "Stipulation of the Parties Waiving Subpart G Hearing" and the letter dated February 3, 2006 from Jay E. Silberg to the Atomic Safety and Licensing Board were served on the persons listed below by deposit in the U.S. mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 3rd day of February, 2006.
- Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2()nrc.gov
- Administrative Judge Dr. Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ajb5()nrc.gov
- Administrative Judge Lester S. Rubenstein 4760 East Country Villa Drive Tucson AZ 85718 lesrrr(acomcast.net Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
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- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy(anrc.gov, hearingdocket(fnrc.gov Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Sarah.Hofmnann()state.vt.us
- Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 aroisman(a)nationallegalscholars.com
- Sherwin E. Turk, Esq.
- Robert Weisman, Esq.
- Jason C. Zom, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 set(inrc.gov, nrw()nrc.gov, icz(inrc.gov
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadis().rexar.com
- Jonathan Rund Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 imr3(anrc.gov
- Jered Lindsay Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 JJL50,nrc.gov Jay
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Jilberg 7