ML073470874
| ML073470874 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 12/13/2007 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY/RAS | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 14775 | |
| Download: ML073470874 (6) | |
Text
1 Licensing Board Order (Initial Scheduling Order) (Nov. 17, 2006) (unpublished) [Initial Scheduling Order or ISO].
2 Licensing Board Order (Scheduling Prehearing Teleconference and Requesting Information on Availability for Evidentiary Hearing) (Nov. 16, 2007) at 2 (unpublished).
3 See Letter from Mary C. Baty, Counsel for NRC Staff, to the Licensing Board (Nov. 1, 2007) at 2 (announcing that the FSER would be published in November, 2007).
UNITED STATES OF AMERICA DOCKETED 12/13/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD SERVED 12/13/07 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 December 13, 2007 ORDER (Addressing Scheduling Issues for Evidentiary Hearing)
On November 29, 2007, the Board convened a prehearing conference call to discuss the scheduling of the evidentiary hearing herein, and to determine whether any of the deadlines specified in our initial scheduling order (ISO)1 could be expedited or otherwise needed modification.2 The call was occasioned by the fact that the NRC Staff had indicated that it would issue its Final Safety Evaluation Report (FSER) at the end of November.3 The issuance of the FSER (and the Staffs notice thereof) would then trigger a sequence of filings and submissions leading to the evidentiary hearing, as specified in ISO sections II.B - H. Based on
2 the prehearing conference call, the Board has decided to reserve certain dates for the evidentiary hearing, to shorten a deadline previously specified in the ISO, and to instruct the parties and interested State to submit joint written stipulations.
We note, at the outset, that during the conference call, the NRC Staff announced that it would not issue the FSER in November and that the FSER would be somewhat delayed. Tr. at 603-05. The Staff stated that it had just issued a request for additional information (RAI) to the applicant, Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.
(Entergy), on November 27, 2007. Tr. at 603. Entergy indicated that it planned to file its answer to the RAI soon, possibly in the week of December 3, 2007. Tr. at 603. The Staff stated that it would need three weeks from the date of the answer to complete the FSER. Tr. at 604. On this basis, the Staff indicated that it hoped to issue the FSER in either late December 2007 or early January 2008. Tr. at 603-05.
Based on this new information, the Board requested that the parties submit, by December 7, 2007, additional information concerning their availability for an evidentiary hearing during the months of July and August 2008. Tr. at 639. Nevertheless, because this most recent delay in issuing the FSER appears to be short, the Board has decided to proceed with its efforts to schedule the evidentiary hearing at this time.
Based on the discussions during the November 29, 2007, prehearing conference call and the additional information submitted on December 7, 2007, the Board modifies and adjusts the schedule in the ISO as follows:
- 1. Reserving Time for Evidentiary Hearings. All participants in this proceeding are instructed to reserve the weeks of June 2, July 7, and July 21, 2008, for the evidentiary hearing.
At this juncture, the Board estimates that the evidentiary hearing, covering three contentions, will take approximately five days. Once the FSER is issued, the Board intends to further narrow the dates for the evidentiary hearing.
3
- 2. Shortening Deadline to Submit Direct Examination Questions and Motions for Cross-Examination. The ISO specifies that direct examination questions and motions for cross-examination must be filed within 40 days of the filing of rebuttal testimony. ISO at 12. During the teleconference, the parties agreed that this deadline could be shortened. Tr. at 613-15.
Accordingly, the Board hereby modifies ISO sections II.10.F and II.10.G so that the deadline for filing direct examination questions and motions for cross-examination is now 20 days following the filing of rebuttal testimony.
- 3. Filing Stipulations. At the time the ISO was issued, the parties agreed that any consideration of stipulations was premature. ISO at 8. This is no longer the case. 10 C.F.R.
§ 2.330 states that the parties may submit written stipulations regarding any relevant fact or the contents or authenticity of any document at any stage in an NRC proceeding, and that these stipulations may be received into evidence. During the teleconference, the parties agreed that it would be best to submit written stipulations after all testimony in the case is filed. Tr. at 626-27.
Accordingly, the parties and the interested State shall proceed as follows:
A.
No later than 5 days after the deadline for the filing of rebuttal statements, the parties and the interested State shall all confer and discuss the development of joint written stipulations.
B.
Within 25 days of the deadline for filing rebuttal statements, the parties and the interested State shall submit joint written stipulations together with such cover memoranda as they deem appropriate. If all parties are not able to reach agreement on all such stipulations, then the parties should attempt to reach
4 4 The motions for summary disposition and answers thereto that have already been filed herein reveal that there are a number of facts that appear to be admitted on all sides. These may serve as the foundation for the joint stipulations of fact.
5 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.
agreement on as many points as possible, and may explain the situation in their respective cover memoranda.4 Any responses to the cover memoranda shall be filed within 5 calendar days thereof.
All other deadlines specified in the ISO remain in effect.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD5
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland December 13, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
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 (ADDRESSING SCHEDULING ISSUES 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 (ADDRESSING SCHEDULING ISSUES 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 Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 13th day of December 2007