ML070230370
| ML070230370 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/23/2007 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 12898 | |
| Download: ML070230370 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 12898 DOCKETED 01/23/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 01/23/07 Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. Thomas S. Elleman In the Matter of Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT YANKEE, L.L.C., ASLBP No. 06-849-03-LR and ENTERGY NUCLEAR OPERATIONS, INC. January 23, 2007 (Vermont Yankee Nuclear Power Station)
ORDER (Granting Entergy Motion to Stay Further Proceedings Related to NEC Motion to Compel)
On January 18, 2007, Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy) filed a motion to stay further proceedings related to a motion filed by the New England Coalition (NEC) on January 16, 2007.1 NECs motion sought to compel clarification of the privilege logs and production of certain documents related to NEC Contention 1 for which Entergy claimed the work-product privilege.2 Entergy argues for a stay of further proceedings on this motion on the ground that the Commission has taken sua sponte review of the Boards decision to admit NEC Contention 1.
Entergy Motion at 1; see also Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), CLI-07-01, 65 NRC __ (2007).
1 Entergys Motion to Stay Further Proceedings on New England Coalitions Motion to Compel (Jan. 18, 2007) [Entergy Motion].
2 New England Coalition, Inc.s Motion to Compel (Jan. 16, 2007).
2 Entergy argues that, given the likelihood that the Commission will rule on NEC Contention 1 soon, it would be a misallocation of the parties resources and those of the Board to address NECs Motion at the present time. Entergy Motion at 2.
The Board grants Entergys motion to stay further proceedings related to NECs motion to compel, with the following provisions. As specified in the motion, the parties will continue to make all disclosures, including those related to NEC Contention 1. If the Commission ultimately upholds the admission of NEC Contention 1, then the parties shall submit answers to NECs motion to compel no more than ten (10) days after the date of the Commissions order. If the Commission reverses the admission of NEC Contention 1, then NECs motion to compel is moot and no further proceedings related to it are required. If the Commission remands the matter to the Board, then we will provide the parties with further instruction at that time.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland January 23, 2007 3
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., and Entergy Nuclear Operations, Inc.;
(2) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; (3) the Staff and (4) the State of New Hampshire.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, LLC, )
)
and )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-271-LR
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING ENTERGY MOTION TO STAY FURTHER PROCEEDINGS RELATED TO NEC MOTION TO COMPEL) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard E. Wardwell Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Mitzi A. Young, Esq. Ronald A. Shems, Esq.
Steven C. Hamrick, Esq. Karen Tyler, Esq.
David E. Roth, Esq. Shems Dunkiel Kassel & Saunders, PLLC Office of the General Counsel 91 College Street Mail Stop - O-15 D21 Burlington, VT 05401 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-271-LR LB ORDER (GRANTING ENTERGY MOTION TO STAY FURTHER PROCEEDINGS RELATED TO NEC MOTION TO COMPEL)
Sarah Hofmann, Esq. Anthony Z. Roisman, Esq.
Director for Public Advocacy National Legal Scholars Law Firm Department of Public Service 84 East Thetford Rd.
112 State Street - Drawer 20 Lyme, NH 03768 Montpelier, VT 05620-2601 Matthew Brock, Esq. Diane Curran, Esq.
Assistant Attorney General Harmon, Curran, Spielberg, Office of the Massachusetts Attorney General & Eisenberg, L.L.P.
Environmental Protection Division 1726 M Street, NW, Suite 600 One Ashburton Place, Room 1813 Washington, DC 20036 Boston, MA 02108-1598 Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Town of Marlboro P.O. Box 30 SelectBoard Marlboro, VT 05344 P.O. Box 518 Marlboro, VT 05344 David R. Lewis, Esq. Jennifer J. Patterson, Esq.
Matias F. Travieso-Diaz, Esq. Office of the New Hampshire Pillsbury Winthrop Shaw Pittman LLP Attorney General 2300 N Street, NW 33 Capitol Street Washington, DC 20037-1128 Concord, NH 03301
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 23rd day of January 2007