ML060960147
| ML060960147 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/27/2006 |
| From: | Silberg J Entergy Nuclear Vermont Yankee, Entergy Operations, 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 11492 | |
| Download: ML060960147 (4) | |
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// q a March 27, 2006 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC March 27,,!006 (4:36pm)
Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY
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RULEMAKINGS AND In the Matter of
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ADJUDICATIONS STAFF
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Docket No. 50-271 ENTERGY NUCLEAR 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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ceOnnehLice iAm-e-ndment)
- -(Vermont Yankee Nuclear Power Station)
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ENTERGY'S RESPONSE TO NEW ENGLAND COALITION'S STATEMENT ON THE SCOPE OF NEW ENGLAND COALITION CONTENTION 3 Pursuant to the Atomic Safety and Licensing Board's ("Board") Order (Supplemental Schedule) dated March 14, 2006 ("Order") and its subsequent Order (Granting Motion for Enlargement of Time Related to NEC Contention 4 and Granting Enlargement of Time, Subject to Sanction, Related to NEC Contention 3) and subsequent Memorandum, both dated March 23, 2006, Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, tic.
(collectively "Entergy") hereby respond to the New England Coalition's ("NEC") Statement on the Scope of New England Coalition Contention 3 ("NEC Statement") dated March 20, 2006 (but actually served on the parties and the Board on March 21, 2006). In its Statement, NEC asserts that it "is convinced that any additional type of Large Transient Testing beyond the main steam isolation valve closure test and the generator load rejection test is not within the scope of Conten-tion 3 as admitted." Id. X As a result, Applicants see no need to reply to NEC's irrelevant discussion that it "has considered whether a full-transient test involving station blackout should be required" and that it "believes that it should and has considered whether a requirement for full-As a(nmitted by the Board, NEC Contention 3 reads: "The license amendment should not be approved unles; Large Trans;ient Testing is a condition of the Extended Power Uprate." Memorandum and Order, LBP-04-28, 60 NTRC 548, 580 (2004).
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transient testing involving station blackout could be drawn from Contention 3." NEC Statement at 1-2.
Affirmatively stated, NEC agrees that the only two Large Transients Tests ("LTTs") within the scope of NEC Contention 3 are the Main Steam Isolation Valve ("MSIV") Closure Test and the Generator Load Rejection Test. That has of course been Entergy's position since this conten-tion was first submitted and was also the clearly the intent of the Board when ruling on the pro-posed contention. The Board admitted NEC Contention 3 because "the request to be relieved from LTT is part of the EPU application," therefore "this contention is within the scope of the proceed-ing." Memorandum and Order, LBP-04-28, 60 NRC 548, 572 (2004).
Indeed, Entergy's request to be relieved from LTT was contained in an attachment to its ex-tended power uprate ("EPU") Application, in which Entergy took exception to two tests, the MSIV Closure Test and the Turbine Generator Load Rejection Test: "Therefore, on a plant-specific basis, Vermont Yankee Nuclear Power Station (VYNPS) is taking exception to the large transient tests; MSIV closure and turbine generator load rejection." Att. 7 to EPU Application, "Justification for Exception to Large Transient Testing" (September 2003), BVY 03-80 at 1. En-tergy's exemption request frames the issues in controversy in this contention.
Therefore, the scope of NEC Contention 3 is and has always been clearly defined, and is limited to the above referenced two tests.
Respectfully submitted, Jay E( ilterg Matias F. Wravieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8063 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Dated: March 27, 2006 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
v(Wermont Yankee Nuclear Power Station)
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Docket No. 50-271 ASLBP No. 04-832-02-OLA (Operating License Amendment)
CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Response to New England Coalition's State-ment on the Scope of New England Coalition Contention 3" 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 271h day of March, 2006.
- Admninistrative Judge Alex S3. 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
- AdriTinistrative 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 aib5 a)nrc.gov
- Administrative Judge Lester S. Rubenstein 4760 East Country Villa Drive Tucson AZ 85718 IesrrT(-,comcast.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 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy( nrc.gov, hearingdocket(nrc.gov Office of Commission Appellate Adjudica-tion Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Saraht Hofmann
- Sherwin E. Turk, Esq.
Special Counsel
- Robert Weisman, Esq.
Department of Public Service
- Steven C. Hamrick, Esq.
112 State Street - Drawer 20 Office of the General Counsel Montpelier, VT 05620-2601 Mail Stop 0-15 D21 Sarah.Hofmann(2iistate.vt.us U.S. Nuclear Regulatory Commission
-Washington,- D.C. 20555-0001 set(anrc.gov, rmw(,tnrc.gov, schl1(nrc.gov
- Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 aroisman(tnationallegalscholars.com
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadis(),prexar.com
- Jonalhan Rund Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 1mr3 Inrc.gov
- Jered Lindsay Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 JJL5a).nrc.gov Jay E rgI 2