ML071380316

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LB Order (Scheduling Prehearing Conference Call)
ML071380316
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/18/2007
From: Karlin A
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
06-849-03-LR, 50-271-LR, RAS 13655
Download: ML071380316 (5)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13655 DOCKETED 05/18/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 05/18/07 Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. Thomas S. Elleman 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-LR ASLBP No. 06-849-03-LR May 18, 2007 ORDER (Scheduling Prehearing Conference Call)

This is to notify Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy), the Department of Public Service of the State of Vermont (DPS), the New England Coalition (NEC), the Office of the Attorney General for the State of New Hampshire, and the NRC Staff that, in accordance with 10 C.F.R. § 2.329, the Board will hold a prehearing conference call on June 12, 2007, at 2:00 PM EDT for the purpose of discussing the status of this case and other case management issues.

Agenda items for this teleconference include (1) the progress of the Staffs review of Entergys license renewal application, (2) any issues related to mandatory disclosures and the hearing file, (3) the possible scheduling of a site visit, and (4) the possible scheduling of a

2 1 The Board issued the initial scheduling order for this case based on input from the November 1, 2006, prehearing conference, the NRC Staffs projected schedule for completing its review of Entergys license renewal application, and the Boards analysis of the regulations and the nature and circumstances of this case. Licensing Board Order (Initial Scheduling Order) (Nov. 17, 2006) (unpublished).

2 Joint Motion for Approval of Settlement Agreement and Dismissal of DPS Contention 1 (May 4, 2007).

3 See Entergys Motion for Summary Disposition of New England Coalitions Contention 3 (Steam Dryer) (Apr. 19, 2007.)

limited appearance session.

In addition, the prehearing conference will cover several items remaining from our prehearing conference of November 1, 2006.1 At that time, the parties indicated that it was premature to address certain case management issues, including (1) the clarification, simplification, or specification of the issues in the admitted contentions, (2) the necessity or desirability of amending the pleadings, (3) opportunities to develop stipulations or admissions of fact, and (4) opportunities for the settlement of issues or contentions. Id. at 8; Tr. at 505-06.

Since that time, one joint motion for settlement of a contention has been received.2 The other issues remain open, however, as does the question of settling other contentions or issues. The Board requests that the parties confer among themselves about these matters by June 8, 2007, so that they can be better prepared to discuss them during the prehearing conference.

Parties who wish to propose additional agenda items should submit them to the Board in writing on or before June 8, 2007.

The Board does not intend to hear oral argument on the proposed settlement agreement or Entergys motion for summary disposition of NEC contention 3 at this teleconference.3 On or before June 8, 2007, counsel for each of the parties should contact Karen S.

Valloch at 301-415-7405 to obtain the telephone number and pass code for the June 12,

3 4 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.

2007, prehearing conference call and to tell her how many telephone lines each organization requires.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD4

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 18, 2007

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

ENTERGY NUCLEAR VERMONT YANKEE, LLC, )

)

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 (SCHEDULING PREHEARING CONFERENCE CALL) 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.

David E. Roth, Esq.

Mary C. Baty, 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 (SCHEDULING PREHEARING CONFERENCE CALL)

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.

Elina Teplinsky, 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 18th day of May 2007