ML071510355

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LB Order (Approving Settlement of DPS Contention 1)
ML071510355
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/31/2007
From: Karlin A
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
06-849-03-LR, 50-271-LR, RAS 13709
Download: ML071510355 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13709 DOCKETED 05/31/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 05/31/07 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 31, 2007 ORDER (Approving Settlement of DPS Contention 1)

On May 4, 2007, the Department of Public Service of the State of Vermont (DPS), on its own behalf and as lead representative for the New England Coalition, and Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc., filed a Joint Motion for Approval of Settlement Agreement and Dismissal of DPS Contention 1. These parties advised us that the NRC Staff does not oppose the settlement.

The Board has reviewed the proposed settlement agreement and finds that it conforms to the requirements of 10 C.F.R. § 2.338(g) and (h). Further, after waiting 20 days, no party, interested governmental entity, or member of the public has suggested that the adjudication of DPS Contention 1 is required in the public interest. See 10 C.F.R. § 2.338(i). Accordingly, the

2 1 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.

Board approves the settlement agreement and dismisses DPS Contention 1.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 31, 2007

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 (APPROVING SETTLEMENT OF DPS CONTENTION 1) 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 (APPROVING SETTLEMENT OF DPS CONTENTION 1)

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 Peter C. L. Roth, Esq.

Senior Assistant Attorney General State of New Hampshire 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 31st day of May 2007