ML063540427
| ML063540427 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/20/2006 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 12760 | |
| Download: ML063540427 (4) | |
Text
1 Stipulation of Entergy and New Hampshire Regarding Disclosure (Dec. 18, 2006).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 12760 DOCKETED 12/20/06 ATOMIC SAFETY AND LICENSING BOARD SERVED 12/20/06 Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. Thomas S. Elleman In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-LR ASLBP No. 06-849-03-LR December 20, 2006 ORDER (Vacating Stipulation of Entergy and the State of New Hampshire)
Before the Licensing Board is a stipulation submitted by Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (collectively, Entergy) and the State of New Hampshire regarding the rights and obligations of the State, as an interested state under 10 C.F.R. § 2.315(c) and 42 U.S.C. § 2021(l).1 Specifically, the stipulation addresses the nature and timing of the States mandatory disclosures and its participation in the evidentiary hearing via the submission of testimony.
The Board vacates this stipulation, for the following reasons. First, the stipulation specifies that the disclosure obligations of 10 C.F.R. § 2.336 apply, in certain circumstances, to an interested state. This is incorrect because the regulation plainly applies only to parties and the NRC Staff, and not to interested states. 10 C.F.R. § 2.336(a)-(b). Second, the status, rights, and obligations of an interested state involve issues that may be important to the fair and expeditious management of this proceeding, and are not merely a private matter to be arranged 2 Of course, the State of New Hampshire and Entergy may enter into a private arrangement not inconsistent with the law, regulations, and the orders of this Board, but, unless expressly adopted by this Board, any such arrangement will not bind this proceeding or be enforceable herein.
3 If the State of New Hampshire agrees, the parties may provide these materials to the State in electronic form only.
4 Copies of this order were sent this date by Internet e-mail transmission to counsel or a representative for (1) applicant Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc.; (2) petitioners Vermont Department of Public Service and the New England Coalition; (3) the State of New Hampshire; and (4) the NRC Staff.
between the interested state and one of the four parties.2 The Board will rule on such matters when and if it becomes necessary to do so, at which time we will take into account the interests of all parties, participants and the public. Until then, all parties should provide the hearing file, all mandatory disclosures, and privilege logs to the State of New Hampshire as if it were a party.3 The stipulation is vacated.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD4
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 20, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
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ENTERGY NUCLEAR VERMONT YANKEE, LLC, )
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and
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ENTERGY NUCLEAR OPERATIONS, INC.
)
Docket No. 50-271-LR
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(Vermont Yankee Nuclear Power Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (VACATING STIPULATION OF ENTERGY AND THE STATE OF NEW HAMPSHIRE) 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 Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612 Mitzi A. Young, Esq.
Steven C. Hamrick, Esq.
David E. Roth, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Ronald A. Shems, Esq.
Karen Tyler, Esq.
Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401
2 Docket No. 50-271-LR LB ORDER (VACATING STIPULATION OF ENTERGY AND THE STATE OF NEW HAMPSHIRE)
Sarah Hofmann, Esq.
Director for Public Advocacy 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 Matthew Brock, Esq.
Assistant Attorney General Office of the Massachusetts Attorney General Environmental Protection Division One Ashburton Place, Room 1813 Boston, MA 02108-1598 Diane Curran, Esq.
Harmon, Curran, Spielberg,
& Eisenberg, L.L.P.
1726 M Street, NW, Suite 600 Washington, DC 20036 Callie B. Newton, Chair Gail MacArthur Lucy Gratwick Town of Marlboro SelectBoard P.O. Box 518 Marlboro, VT 05344 Dan MacArthur, Director Town of Marlboro Emergency Management P.O. Box 30 Marlboro, VT 05344 David R. Lewis, Esq.
Matias F. Travieso-Diaz, Esq.
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Jennifer J. Patterson, Esq.
Office of the New Hampshire Attorney General 33 Capitol Street Concord, NH 03301
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 20th day of December 2006