ML071940177
| ML071940177 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 07/13/2007 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-849-03-LR, 50-271-LR, RAS 13855 | |
| Download: ML071940177 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13855 DOCKETED 07/13/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 07/13/07 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. July 13, 2007 (Vermont Yankee Nuclear Power Station)
ORDER (Granting Motion to Defer and Setting Schedule)
On April 19, 2007, Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy) filed a motion for summary disposition (MSD) of the New England Coalitions (NECs) Contention 3 concerning Entergys steam dryer.1 On May 9, 2007, NEC filed an answer opposing Entergys motion and urging that the Board should not decide the MSD until the results of Entergys May 2007 steam dryer inspection were made available.2 1
Entergys Motion for Summary Disposition of New England Coalitions Contention 3 (Steam Dryer) (Apr. 19, 2007). See also LBP-06-20, 64 NRC 131, 187-91 (2006) (admitting NEC Contention 3).
2 New England Coalition, Inc.s (NEC) Opposition to Entergys Motion for Summary Disposition of NECs Contention 3 (Steam Dryer) (May 9, 2007).
2 At the same time, the NRC Staff filed an answer supporting the motion.3 During a prehearing teleconference on June 12, 2007, counsel for NEC noted that the NEC had not yet received the final report concerning Entergys May 2007 inspection of the steam dryer and reiterated NECs request that the Board decision on the steam dryer MSD be deferred until that report was made available so that NEC could, as necessary, address it. Tr.
at 550-51. The Board granted NEC one week to file a motion, pursuant to 10 C.F.R. § 2.710(c),
making a formal request for such a deferral. Id. at 559. On June 19, 2007, NEC filed its motion requesting that the Board withhold its decision on the MSD until after July 19, 2007, indicating that NEC would review the inspection report and file a supplement to its answer opposing the MSD at that time.4 The Staff did not oppose the requested deferral.5 Entergy opposed the deferral.6 The Board grants NECs motion to defer a decision on the MSD. NEC may file a supplement to its answer based on the steam dryer inspection report on or before July 19, 2007. Any such filing shall not exceed ten pages. Other parties may file responses to NECs supplemental answer, also limited to ten pages, on or before July 26, 2007. No further filings 3
NRC Staffs Answer in Support of Entergys Motion for Summary Disposition of New England Coalitions Contention 3 (Steam Dryer) (May 9, 2007).
4 New England Coalitions (NEC) Motion to Withhold Decision of Entergys Motion for Summary Disposition of New England Coalitions Contention 3 (Steam Dryer) (June 19, 2007).
5 NRC Staffs Answer to NECs Motion to Defer Decision on Entergys Motion for Summary Disposition of NEC Contention 3 (Steam Dryer) (June 26, 2007).
6 Entergys Response in Opposition to New England Coalitions Motion to Withhold Decision (June 28, 2007).
3 relating to Entergys MSD of NEC Contention 3 will be permitted without prior leave of this Board.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland July 13, 2007 7
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 MOTION TO DEFER AND SETTING SCHEDULE) 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 Lloyd B. Subin, Esq. Ronald A. Shems, Esq.
David E. Roth, Esq. Karen Tyler, Esq.
Mary C. Baty, 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 MOTION TO DEFER AND SETTING SCHEDULE)
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. Peter C. L. Roth, Esq.
Matias F. Travieso-Diaz, Esq. Senior Assistant Attorney General Elina Teplinsky, Esq. State of New Hampshire Pillsbury Winthrop Shaw Pittman LLP Office of the New Hampshire 2300 N Street, NW Attorney General Washington, DC 20037-1128 33 Capitol Street Concord, NH 03301
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 13th day of July 2007