ML073200371
| ML073200371 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 11/16/2007 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 14659 | |
| Download: ML073200371 (3) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 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 November 16, 2007 ORDER (Scheduling Prehearing Teleconference and Requesting Information on Availability for Evidentiary Hearing)
This is to notify Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy), the Department of Public Service of the State of Vermont (DPS), the New England Coalition (NEC), the Office of the Attorney General for the State of New Hampshire, and the NRC Staff that, in accordance with 10 C.F.R. § 2.329, the Board will hold a prehearing conference call on November 29, 2007, at 2:00 p.m. EST for the purpose of discussing the status of this case and other case management issues.
DOCKETED 11/16/07 SERVED 11/16/07
2 1 Letter from Mary C. Baty, Counsel for NRC Staff, to the Licensing Board (Aug. 1, 2007) at 2.
2 Letter from Mary C. Baty, Counsel for NRC Staff, to the Licensing Board (Nov. 1, 2007) at 2.
On November 17, 2006, the Board issued an Initial Scheduling Order (ISO)
(unpublished) which specified that a sequence of events, including the evidentiary hearing, would be keyed on three actions by the NRC Staff: the issuance of the Final Environmental Impact Statement (FEIS), the issuance of the Final Safety Evaluation Report (FSER), and a notice from the NRC Staff to all parties announcing availability of the latter document (Staffs Second Notice or SSN). ISO at 4, 9-12. The FEIS was issued in August 2007.1 The Staff indicates that the FSER will be issued in November 2007.2 The SSN should follow immediately after the FSER.
In these circumstances, the Board deems it appropriate to convene a prehearing conference call. The parties should be prepared to discuss the implementation of the ISO schedule, with particular attention to (1) any item that appears to be unclear at this time, (2) whether any of the deadlines in the schedule can be shortened to permit an earlier evidentiary hearing, and (3) possible procedures or mechanisms for obtaining stipulations or admissions of fact to avoid unnecessary proof, in accordance with 10 C.F.R. § 2.329.
The parties shall also submit a list of dates on which counsel and anticipated witnesses will be unavailable, due to prior unavoidable external conflicts, for a 5-day evidentiary hearing between April 21, 2008, and June 30, 2008. Please submit this list of blackout dates to the Boards law clerk, Marcia Carpentier, Esq. (mxc7@nrc.gov) by 5:00 p.m. EST on November 27, 2007.
On or before that same date and time, counsel for each of the parties should contact Ms.
3 3 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.
Carpentier at 301-415-4126 to obtain the telephone number and pass code for the conference call.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3
_________/RA/______________
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland November 16, 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 (SCHEDULING PREHEARING TELECONFERENCE AND REQUESTING INFORMATION ON AVAILABILITY FOR EVIDENTIARY HEARING) 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.
Andrew Raubvogel, Esq.
Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401
2 Docket No. 50-271-LR LB ORDER (SCHEDULING PREHEARING TELECONFERENCE AND REQUESTING INFORMATION ON AVAILABILITY FOR EVIDENTIARY HEARING)
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 R.L. Giitter]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 16th day of November 2007