ML071940177
| ML071940177 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| 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
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).
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 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 July 13, 2007 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
2 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).
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 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.
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
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
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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 (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 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 Lloyd B. Subin, 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 (GRANTING MOTION TO DEFER AND SETTING SCHEDULE)
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 13th day of July 2007