ML062850377
| ML062850377 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 10/12/2006 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 12356 | |
| Download: ML062850377 (5) | |
Text
1 See 10 C.F.R. § 2.327(d).
2 Licensing Board Order (Revised Scheduling Order) at 5 (Apr. 13, 2006) (unpublished).
RAS 12356 UNITED STATES OF AMERICA DOCKETED 10/12/06 NUCLEAR REGULATORY COMMISSION SERVED 10/12/06 ATOMIC SAFETY AND LICENSING BOARD 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 October 12, 2006 ORDER (Granting Extension of Time to File Proposed Corrections to Transcript and Proposed Findings of Fact and Conclusions of Law)
On September 13 and 14, 2006, the Board conducted the evidentiary hearing in this proceeding. Pursuant to our instructions, the parties were obliged to submit proposed corrections to the transcript within twenty (20) days of the close of the evidentiary hearing,1 and to submit proposed findings of fact and conclusions of law, citing specifically to the relevant pages in the transcript, within thirty (30) days of the close of the evidentiary hearing. Tr. at 1609. 2 Tr. at 1609-10. These instructions were founded, inter alia, on the assumption that a copy of the transcript would become publicly available to the parties, and in particular to the New England Coalition (NEC), on the NRCs Agencywide Documents Access and Management System (ADAMS) well before the twenty-and thirty-day deadlines would expire.
2 3 Licensing Board Order (Redaction of Transcript of Proprietary Session) (Sept. 27, 2006) (unpublished).
4 New England Coalitions Motion for Extension of Time to File Proposed Findings of Fact, and Conclusions of Law Following Evidentiary Hearing (Oct. 6, 2006).
5 Entergys Response to New England Coalitions Motion for Extension of Time to File Proposed Findings of Fact and Conclusions of Law Following Evidentiary Hearing (Oct. 10, 2006).
At the close of the evidentiary hearing, NEC requested that a redacted version of the transcript of the proprietary portion of the hearing be made available. Tr. at 1611. Pursuant to that request, on September 27, 2006 the Board ordered Entergy Nuclear Vermont Yankee, L.L.C. and Entergy Nuclear Operations, Inc. (collectively, Entergy) to submit its proposed redacted version of the transcript of the proprietary portion of the evidentiary hearing, and, on October 4, 2006, Entergy did so.3 The Board has decided to accept Entergys proposed redactions and, simultaneously with this order, we are issuing an order making the redacted version of the transcript available to NEC and the public.
Meanwhile, on October 6, 2006, NEC moved for a two-week extension of the time to file proposed findings of fact and conclusions of law.4 NEC noted that there appeared to be a delay in making transcripts publicly available on ADAMS. Id. at 1-2. NEC also noted that although it had been unsuccessful in attempting to consult with Entergy, the NRC Staff does not oppose the motion, provided that the extension for filing is granted to all parties. Id. at 3. Entergy then filed a response indicating that it does not oppose the motion, again provided that the extension of time is granted to all parties.5 Upon investigation, the Board determined that the transcript of the public portions of the September 13 and 14, 2006 evidentiary hearing is not yet available on ADAMS. It is our understanding that this transcript will be available on ADAMS on or before October 16, 2006.
3 6 As the Board may not have issued the corrections to the transcripts (both public sessions and proprietary session) by November 7, 2006, the parties may use the uncorrected version of the transcript when citing thereto in the proposed findings of fact and conclusions of law.
7 Copies of this order were sent this date by Internet e-mail transmission to representatives for (1) licensees Entergy Nuclear Vermont Yankee L.L.C., and Entergy Nuclear Operations, Inc.; (2) intervenor New England Coalition of Brattleboro, Vermont; and (3) the NRC Staff.
In these circumstances the Board concludes it is necessary to extend the deadlines herein as follows. First, NEC is granted until October 30, 2006, to file proposed corrections to the transcript. Second, all parties are now instructed to file their proposed findings of fact and conclusions of law, specifically citing to the testimony, exhibits and transcript, on or before November 7, 2006.6 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Alex S. Karlin ADMINISTRATIVE JUDGE Rockville, Maryland October 12, 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 EXTENSION OF TIME TO FILE PROPOSED CORRECTIONS TO TRANSCRIPT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW) have been served upon the following persons by deposit in the 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 EXTENSION OF TIME TO FILE PROPOSED CORRECTIONS TO TRANSCRIPT AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)
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.
Scott A. Vance, 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 12th day of October 2006