ML060460032
| ML060460032 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 02/07/2006 |
| From: | Travieso-Diaz M Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Anthony Baratta, Karlin A, Rubenstein L Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 11178 | |
| Download: ML060460032 (9) | |
Text
S45 11118 2300 N Street, N.W. Tel 202.663.8000 Washington, D.C. 20037-1128 Fax 202.663.8007 Pillsbury www.Dillsburylaw.com Winthrop DOCKETED Shaw USNRC Pitt man. February 7, 2006 (9:53am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Matias F. Travieso-Diaz 202-663-8142 February 7, 2006 matias.travieso-diazipillsburylaw.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:
As indicated in our February 3, 2006 letter to the Board and the parties, enclosed is a copy signed by the New England Coalition of the Stipulation of the Parties Waiving Subpart G Hearing. Also enclosed is a copy of the stipulation signed by the Vermont Department of Public Service to replace the .pdf file version submitted on February 3.
Sincerely,
//Mof44 F Matias F. Travieso-Diaz Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Enclosure cc: Service List rFep aet= sac-Y-o63
February 3, 2006 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 ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)
(Vermont Yankee Nuclear Power Station) )
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 "[ilf however, at some later stage in this proceeding (eg, when the identity of witnesses 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 to seek that the hearings in this proceeding be conducted under the procedures in 10 C.F.R. Part 2, Subpart G.
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.
Jay E. Silberg Matias F. 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 Hofinann -
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
Raymond Shadis New England Coalition P.O. Box 98 Shadis Road 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 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dated: February 3, 2006 3
W February 3, 2006 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 ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)
(Vermont Yankee Nuclear Power Station) )
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 (e.g when the identity of witnesses is known) a party submits a motion pursuant to 10 C.F.R. § 2.31 0(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 to seek that the hearings in this proceeding be conducted under the procedures in 10 C.F.R. Part 2, Subpart G.
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-04-31.
- 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.
Jay E. Silberg Matias F. 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
Raymond Shadis New England Coalition P.O. Box 98 Shadis Road 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 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dated: February 3, 2006 3
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 ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)
(Vermont Yankee Nuclear Power Station) )
)
SERVICE LIST
- Administrative Judge *Administrative Judge Alex S. Karlin, Chair Lester S. Rubenstein Atomic Safety and Licensing Board Panel 4760 East Country Villa Drive Mail Stop T-3 F23 Tucson AZ 85718 U.S. Nuclear Regulatory Commission lesrrr(@comcast.net Washington, D.C. 20555-0001 ask2(&,nrc.gov
- Administrative Judge Atomic Safety and Licensing Board Dr. Anthony 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 ajb5(&nrc.gov
- Secretary Office of Commission Appellate Att'n: Rulemakings and Adjudications Staff Adjudication Mail Stop 0-16 CI Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secyv(nrc.gov, hearingdocketanrc.gov
- Sarah Hofmann *Sherwin E. Turk, Esq.
Special Counsel *Robert Weisman, Esq.
Department of Public Service *Jason C. Zorn, 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 set(gnrc.gov, rmw(,nrc. gov, jcz4,nrc.gov
- Anthony Z. Roisman *Raymond Shadis National Legal Scholars Law Firm New England Coalition 84 East Thetford Rd. P.O. Box 98 Lyme, NH 03768 Shadis Road aroismano),nationallegalscholars.com Edgecomb ME 04556 shadis(aprexar.com
- Jonathan Rund *Jered Lindsay 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 imr3(6),nrc.gov JJL5 (a),nrc. gov