ML071790105
| ML071790105 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 06/26/2007 |
| From: | Baty M NRC/OGC |
| To: | |
| M C Baty, OGC,301-415-1324 | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 13807 | |
| Download: ML071790105 (4) | |
Text
June 26, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ENTERGY NUCLEAR VERMONT YANKEE, LLC )
Docket No. 50-271-LR AND ENTERGY NUCLEAR OPERATIONS, INC.
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ASLBP No. 06-849-03-LR (Vermont Yankee Nuclear Power Station)
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NRC STAFF ANSWER TO NEC MOTION TO DEFER DECISION ON ENTERGYS MOTION FOR
SUMMARY
DISPOSITION OF NEC CONTENTION 3 (STEAM DRYER)
INTRODUCTION Pursuant to 10 C.F.R. §§ 2.323(c) and the schedule set by the Board, Transcript of Pre-Hearing Conference (June 12, 2007) (Tr. at 559), the NRC Staff (Staff) herein answers New England Coalition, Inc.s (NEC) Motion to Withhold Decision of Entergys Motion for Summary Disposition of New England Coalition Contention 3 (Steam Dryer)
(Motion) filed by NEC on June 19, 2007. For the reasons set forth below, the Staff does not object NECs request.
DISCUSSION Pursuant to § 2.710(c), if party a cannot for a stated reason present facts by affidavit essential to justify its opposition to a motion for summary disposition, the presiding officer may refuse the application for summary disposition, postpone a decision to permit affidavits to be obtained, or make another appropriate order. See also Initial Scheduling Order (Nov. 17, 2006) (unpublished) at 7. The results of Vermont Yankees steam dryer inspections became available on June 19, 2007, after answers to Entergys Motion for Summary Disposition of New England Coalitions Contention 3 (Steam Dryer) (SD Motion) (April 19, 2007), were due. See Motion at 1-2. NEC
represents that the steam dryer inspection results constitute new evidence of the post-extended power uprate condition of the steam dryer and therefore are relevant to its contention that Entergys license renewal application does not include an adequate plan to monitor and manage the aging of the steam dryer during the period of extended operation. See Id. at 2.
In light of the NECs representations that steam dryer inspection results are relevant to its contention and NECs experts cannot review such results until June 27, 2007, and in view of Boards recent Order Granting NEC Motion for Extension of Time (June 21, 2007) (unpublished), the Staff does not object to NECs request that the Board defer its decision on Entergys SD Motion until after NEC submits its assessment of steam dryer inspection results on July 19, 2007.
CONCLUSION For the reasons set forth above, the Staff does not object to NECs Motion.
Respectfully submitted,
/RA/
Mary C. Baty Counsel for NRC Staff Dated at Rockville, Maryland this 26th day of June, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ENTERGY NUCLEAR VERMONT YANKEE, LLC )
Docket No. 50-271-LR 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 NRC STAFF ANSWER TO NEC MOTION TO DEFER DECISION ON ENTERGYS MOTION FOR
SUMMARY
DISPOSITION OF NEC CONTENTION 3 (STEAM DRYER) in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail, with copies by U.S. mail, first class, this 26th day of June, 2007.
Alex S. Karlin, Chair Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@nrc.gov Richard E. Wardwell Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew@nrc.gov Thomas S. Elleman*
Administrative Judge Atomic Safety and Licensing Board 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: elleman@eos.ncsu.edu Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAmail@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Sarah Hofmann, Esq.*
Director of Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmann@state.vt.us Ronald A. Shems, Esq.*
Karen Tyler, Esq.*
Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401 E-mail: rshems@sdkslaw.com Ktyler@sdkslaw.com Marcia Carpentier, Esq.
Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7@nrc.gov
Peter C. L. Roth, Esq.*
Senior Assistant Attorney General Office of the Attorney General 33 Capitol Street Concord, New Hampshire 03301 E-mail: peter.roth@doj.nh.gov Anthony Z. Roisman, Esq.*
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 E-mail:
aroisman@nationallegalscholars.com David R. Lewis, Esq.*
Matias F. Travieso-Diaz, Esq.*
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com matias.travieso-diaz@pillsburylaw.co
/RA/
Mary C. Baty Counsel for the NRC Staff