ML061390166

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Letter from Matias F. Travieso-Diaz to Administrative Judges Enclosing the Addendum to the DPS - VY Entergy MOU with the Original Signature of Jay Silberg on Behalf of Entergy
ML061390166
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 05/09/2006
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 11657
Download: ML061390166 (3)


Text

'-B3s 1/51 C) 2300 N Street, N.W. Tel 202.663.8000 Fax 202.663.8007 Washington, D.C. 20037-1128 Pillsbury www.pillsburvlaw.co, Winthrop Shaw Pittman.P Matias F. Travleso-Diaz 202-663-8142 May 9,2006 matias.travieso-diazipillsburylaw.com

. DOCKETED Administrative Judge Alex S. Karlin, Chairman USNRC Administrative Judge Anthony J. Baratta May 9, 2006 (4:40pm)

Administrative Judge Lester S. Rubenstein Atomic Safety and Licensing Board OFFICE OF SECRETARY U.S. Nuclear Regulatory Commission RULEMAKINGS AND Mail Stop: T-3F23 ADJUDICATIONS STAFF 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:

Enclosed is the signature page of the Addendum to the DPS - VY Entergy MOU with the original signature of Jay Silberg on behalf of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Sincerely, .-

Matias F. Travieso-Diaz Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Enclosure cc: Service List

-em p(ate= SECy-OiI3 SEC V- o1

ADDENDUM TO MOU This is an Addendum to the Memorandum of Understanding ("MOU") dated May 2, 2006 between Entergy Nuclear Vermont Yankee LLC and Entergy Nuclear Operations, Inc.

(collectively "VY Entergy") and the Vermont Department of Public Service ("DPS").

VY Entergy and DPS agree that the following four paragraphs are added to the MOU dated May 2, 2006, and that they should be considered part of the original MOU:

12. The parties to this MOU acknowledge that the NRC and the Board appointed to hear In Re: Entergy Nuclear Vermont Yankee LLC and Entergy Nuclear Operations,Inc. (Operating License Amendment), Docket No. 50-271-OLA (ASLBP No. 04-832-02-OLA) have jurisdiction over the parties and over the subject matter of this MOU, including jurisdiction to take the actions sought in the attached Notice of Withdrawal and Request for Dismissal of Contentions of the Vermont Department of Public Service (Notice of Withdrawal).
13. With regard to this MOU, the parties to it expressly waive any and all further procedural steps before the Board or any right to challenge or contest the validity of any order entered by the Board in accordance with this MOU, and waive all rights to seek judicial review or otherwise to contest the validity of any order entered by the Board so long as such order is fully consistent with each provision of this MOU.
14. An order entered by the Board in accordance with this MOU will have the same force and effect as an order entered after full hearing.
15. All matters referred to in the MOU and the Notice of Withdrawal that were required to be adjudicated have been resolved by the MOU and by an order entered by the Board in accordance with the MOU.

Dated at Montpelier, this 9th day of May, 2006.

VERMONT DEPARTMENT OF PUBLIC SERVICE By:__

Name: Sarah Hofmann

Title:

Director for Public Advocacy ENTERGY NUCLEAR VERMONT YANKEE, LLC Name: ay E. Silberg

Title:

Counsel ENTERGY NUCLEAR OPERATIONS, INC.

By:

Name: ,Jay E. Silberg

Title:

Counsel 2