ML060730536

LB Order (Supplemental Schedule)

ML060730536
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	03/14/2006
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11361
Download: ML060730536 (5)

Text

UNITED STATES OF AMERICA RAS 11361 NUCLEAR REGULATORY COMMISSION DOCKETED 03/14/06 ATOMIC SAFETY AND LICENSING BOARD SERVED 03/14/06 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 L.L.C. ASLBP No. 04-832-02-OLA and ENTERGY NUCLEAR OPERATIONS, INC. March 14, 2006 (Vermont Yankee Nuclear Power Station)

ORDER (Supplemental Schedule)

During the prehearing conference of March 10, 2006 in this matter, the Board ordered the parties to brief certain issues and established various deadlines for these (and other) activities. The following is the schedule set during the conference.

A. Briefing on the legal scope of New England Coalition (NEC) Contention 4.1

1. March 17, 2006: NEC Contention 4 alleges that certain deficiencies in the license application render the application not in conformance with the plant specific original licensing basis and/or 10 C.F.R. Part 50, paragraph I(a), and/or 10 C.F.R. Part 100, Appendix A. On March 17, 2006, NEC shall submit a statement or brief, not to exceed ten pages, that identifies which of these three legal standards are allegedly not satisfied with regard to each of the deficiencies 1

If NEC, Entergy, and the NRC Staff are in agreement, a joint stipulation may be submitted, in lieu of briefing this issue.

asserted by NEC. This statement or brief should also specify with more particularity, which provisions of the legal standards are allegedly not satisfied, e.g., which part of Appendix A of Part 100 or which part of the plant specific licensing basis are not met. On that same date, in addition to any other method, this brief shall be served electronically on all parties.

2. March 24, 2006: Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc. (collectively, Entergy) and the NRC Staff shall file answers, which shall not exceed ten pages. On that same date, in addition to any other method, the answers shall be served electronically on all parties.

3. March 31, 2006: NEC may file a reply, which shall not exceed five pages.

B. Briefing schedule on the proper scope of NEC Contention 3.

1. March 20, 2006: NEC Contention 3 alleges that The license amendment should not be approved unless Large Transient Testing is a condition of the Extended Power Uprate. On March 20, 2006, NEC shall submit a statement or brief, not to exceed ten pages, that specifies all of the large transient tests that it believes are necessary, and, if NEC asserts that large transient tests in addition to the main steam isolation valve closure test and the generator load rejection test are required, why those two tests do not bound NECs safety concerns. On that same date, in addition to any other method, this brief shall be served electronically on all parties.

2. March 27, 2006: Entergy and the NRC Staff may file answers, which shall not exceed ten pages.

C. The parties shall reserve the week of June 25, 2006 for limited appearance statements and the weeks of September 10, 2006 and October 15, 2006 for the evidentiary hearing.

D. The Board will hold the next prehearing conference call on Thursday, April 20, 2006 at

11 A.M. EDT. On or before Monday, April 17, 2006, each of the parties shall contact Karen S. Valloch at 301-415-7405 to advise the Board of how many lines that party requires for the conference call and to obtain the telephone number and pass code for the conference call.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD2

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 14, 2006 2

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) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; and (3) the Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ) Docket No. 50-271-OLA and ENTERGY NUCLEAR OPERATIONS, INC. )

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(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (SUPPLEMENTAL 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 4270 E Country Villa Drive Mail Stop - T-3 F23 Tucson, AZ 85718 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Robert M. Weisman, Esq. Raymond Shadis Sherwin E. Turk, Esq. New England Coalition Steven C. Hamrick, 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

2 Docket No. 50-271-OLA LB ORDER (SUPPLEMENTAL SCHEDULE)

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 Anthony Z. Roisman, Esq. Jay E. Silberg, Esq.

National Legal Scholars Law Firm Matias F. Travieso-Diaz, Esq.

84 East Thetford Rd. Pillsbury Winthrop Shaw Pittman LLP Lyme, NH 03768 2300 N Street, NW Washington, DC 20037-1128 Jonathan M. Rund, Esq.

Law Clerk Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 14th day of March 2006