ML071980126

LB Order (Scheduling Site Visit)

ML071980126
Person / Time
Site:	Vermont Yankee
Issue date:	07/17/2007
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS 13866
Download: ML071980126 (7)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13866 DOCKETED 07/17/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 07/17/07 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 17, 2007 (Vermont Yankee Nuclear Power Station)

ORDER (Scheduling Site Visit)

The Board will conduct a visit to the Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy) power station in Windham County, Vermont, commencing at 2:00 PM, Eastern Daylight Time (EDT), Wednesday, October 10, 2007. The purpose of the visit is to allow the Board to view areas of the plant, and appropriate balance of plant areas, that may be relevant to the contentions in this proceeding. The procedures to be followed during the site visit are attached hereto as Appendix A.

2 Any motion objecting to the site visit or these procedures must be filed within ten days.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland July 17, 2007 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.

APPENDIX A Site Visit Procedures - Vermont Yankee License Renewal Proceeding The Atomic Safety and Licensing Board in the matter of Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc., Docket No. 50-271-LR, ASLBP No. 06-849-03-LR will conduct its view and visit to the Vermont Yankee nuclear power station in accordance with the following procedures:

1. The Board, the NRC Staff, and representatives of the Intervenors, the Interested State and of Entergy will meet at the entrance to the plant, located on Vermont Yankee Drive (off Governor Hunt Road) in Vernon, Vermont, at 2:00 PM EDT, on Wednesday, October 10, 2007.

2. One Entergy representative (the Guide) will accompany and lead the Board and all representatives of the parties on the site visit. Other escorts, if needed for security reasons, will not present information or answer any substantive questions.

3. In order that the site visit occurs as a single group, participation is limited as follows:

a. Board: The three judges and two additional persons.

b. NRC Staff: Two counsel and two additional persons.

c. Applicant: Two counsel and two additional persons (not including the Guide and any required escorts).

d. Intervenors: Two counsel and two additional persons.

e. Interested State: One counsel and one additional person.

4. Counsel for each party should provide counsel for Entergy with the names, addresses, and other identification information required by Entergy for the site visit participants at least ten days prior to the site visit. At the same time, the

2 names of these individuals should also be provided to the Boards law clerk.

5. Tour participants shall follow Entergys instructions regarding appropriate clothing and the use of personal protective equipment.

6. On the date of the site visit, participants must present an acceptable form of government-issued photo identification (e.g., NRC identification badge, state-issued drivers license, etc.).

7. All site visitors will undergo the normal site security and safety procedures. We request that the Guide also provide the Board with a short overview orientation to the plant covering those areas of the plant that are accessible on the day in question and that will be included in the tour.

8. Entergy is requested to provide the Board and all participants in the site visit with an appropriate map covering the site and the locations to be viewed. The Guide will then take the Board, together with all representatives of the parties, on a walking and/or vehicular tour of these locations, as a single group, briefly identifying the relevant structures and orienting the Board at each location. The Board members may ask questions relating to site features and location (e.g.,

What is that structure? What direction are we facing now?). No other substantive questions or presentations will be entertained or allowed during the site visit.

9. The site visit will not be recorded or transcribed.

10. If the site visit participants, including the Entergy, NRC Staff, Intervenors, or the Interested State believe that any information or communication that occurs during the site visit should be included in the written evidentiary record of this proceeding, they may file an appropriate motion to supplement the record. Any

3 such motion must be filed within seven days after the site visit.

11. Cameras, video recorders, or any type of recording device will not be brought on the site visit without prior written authorization from the Board.

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 (SCHEDULING SITE VISIT) 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 (SCHEDULING SITE VISIT)

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 17th day of July 2007