ML061300328

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LB Order (Granting Joint Motion to Suspend Certain Filing and Discovery Obligations and Setting Certain Deadlines)
ML061300328
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/10/2006
From: Karlin A
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 11636
Download: ML061300328 (4)


Text

UNITED STATES OF AMERICA RAS 11636 NUCLEAR REGULATORY COMMISSION DOCKETED 05/10/06 ATOMIC SAFETY AND LICENSING BOARD SERVED 05/10/06 Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, L.L.C.

and ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

Docket No. 50-271-OLA ASLBP No. 04-832-02-OLA May 10, 2006 ORDER (Granting Joint Motion to Suspend Certain Filing and Discovery Obligations and Setting Certain Deadlines)

The Board grants the May 8, 2006 joint motion of Entergy Nuclear Vermont Yankee, LLC, Entergy Nuclear Operations Inc., the Department of Public Service of the State of Vermont (State), and the NRC Staff to suspend all discovery obligations and the requirement that the parties file, on or before May 17, 2006, initial written statements of position and written testimony with supporting affidavits, relating to the States two admitted contentions. The suspension shall remain in effect pending Board action on the States May 9, 2006, Amended Notice of Withdrawal and Request for Dismissal of the Contentions of the Vermont Department of Public Service (Amended Notice).

Any comments supporting or objecting to the Amended Notice and/or the proposed settlement, should be submitted to the Board, in writing, on or before May 22, 2006. Such 1 In some cases, Boards have conducted a public hearing to discuss the proposed settlement. See Texas Utilities Electric Co. (Comanche Peak Steam Electric Station, Units 1 and 2), CLI-92-1, 35 NRC 1, 9 (1992). This is not contemplated here. If, however, the New England Coalition files a motion related to the States contentions (as it has intimated it might do, Tr. at 922), then it shall do so by May 22, 2006, and the parties shall have seven days within which to answer.

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

submissions shall focus on the public interest as specified in 10 C.F.R. § 2.338(I). No answers, replies, or public hearing on the withdrawal or the settlement are contemplated.1 FOR THE ATOMIC SAFETY AND LICENSING BOARD2

/RA/

Alex S. Karlin, Chairman Administrative Judge Rockville, Maryland May 10, 2006

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)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING JOINT MOTION TO SUSPEND CERTAIN FILING AND DISCOVERY OBLIGATIONS AND SETTING CERTAIN DEADLINES) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson, AZ 85718 Sherwin E. Turk, Esq.

Steven C. Hamrick, Esq.

Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Raymond Shadis New England Coalition P.O. Box 98 Edgecomb, ME 04556

2 Docket No. 50-271-OLA LB ORDER (GRANTING JOINT MOTION TO SUSPEND CERTAIN FILING AND DISCOVERY OBLIGATIONS AND SETTING CERTAIN DEADLINES)

John M. Fulton, Esq.

Assistant General Counsel Entergy Nuclear Operations, Inc.

440 Hamilton Avenue White Plains, NY 10601 Sarah Hofmann, Esq.

Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq.

National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 Jay E. Silberg, Esq.

Matias F. Travieso-Diaz, Esq.

Pillsbury Winthrop Shaw Pittman LLP 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 Terence A. Burke, Esq.

Associate General Counsel Entergy Services, Inc.

1340 Echelon Parkway Jackson, MS 39213

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 10th day of May 2006