ML080450447

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Certificate of Disclosure Submitted by Sarah Hofmann on Behalf of the Vermont Department of Public Service
ML080450447
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 02/07/2008
From: Hofmann S, Pittsley S
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
SECY/RAS
References
50-271-LR, ASLBP 06-849-03-LR, RAS 15071
Download: ML080450447 (6)


Text

DOCKETED USNRC February 7, 2008 (1:15pm) February 7, 2008 OFFICE OF SECRETARY RULEMAKINGS AND UNITED STATES OF AMERICA ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )) Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT )

YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF DISCLOSURE I, Sarah Hofrnann, Director for Public Advocacy for the Vermont Department of Public Service, being duly sworn, state the following:

1. I hereby certify that to the best of my knowledge, information and belief, the Vermont Department of Public Service is current with its Disclosures pursuant to 10 C.F.R. § 2.336 that are relevant and not privileged to the contentions now being considered in this docket before the Atomic Safety and Licensing Board.
2. To the best of my knowledge, information and belief, these disclosures are accurate and complete as of this date.

Dated at Montpelier, Vermont this 7th day of February, 2008.

Sarah Hofman Director for *~~vcc Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Subscribed and sworn to before me this 7th day of February, 2008.

Susan Pittsle&)

Notary Public My commission expires OQ -

-A"xo 035,

February 7, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

) Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT )

YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

VERMONT DEPARTMENT OF PUBLIC SERVICE DISCLOSURE OF 2/7/08 PURSUANT TO 10 C.F.R. § 2.336 Pursuant to 10 C.F.R. § 2.336(a) and (d), the Vermont Department of Public Service ("DPS" or "Department"), hereby makes the following continuing disclosures.

Documents provided in hard copy with this transmittal

35. Letter dated January 25, 2007 from DPS Commissioner David O'Brien to Dr.

William Shack and Andrew Bates of the Advisory Committee on Reactor Safeguards asking for a postponement of the final review of the license renewal of Vermont Yankee from its February 7, 2008.

Respectfully submitted, Sarah Hofmanp-< 4 Director fo _iubic Advocacy Vermont Department of Public Service 112 State Street Montpelier, VT 05620-2601 Tel. (802) 828-3088

"eN VERMONT State of Vermont FAX: 802-828-2342 Department of Public Service TTY VT: 800-734-8390 112 State Street email: vtdps@state.vt.us Drawer 20 http://publicservice.vermont.gov/

Montpelier, VT 05620-26o0 TEL: 802-828-281-1 January 25, 2008 Dr. William J. Shack, Chairman Mr. Andrew L. Bates, Management Officer Advisory Committee on Reactor Safeguards U.S. Nuclear Regulatory Commission ...

Mail Stop T-2E26 Washington, D.C. 20555-0001 Re: ACRS Meeting on February 7, 2008 and Vermont Yankee

Dear Dr. Shack and Mr. Bates:

The agenda posted for the Advisory Committee on Reactor Safeguards meeting scheduled for February 7, 2008, shows .the Committee completing its "Final Review of the License Renewal Application for the Vermont Yankee Nuclear Power Station." I am writing to request that you postpone this final review until a later ACRS meeting.

First, Vermont greatly respects the work of the ACRS. We see you as an independent panel of experts carefully examining the issues inherent in license extensions and amendments. We look to you as another pair of highly educated, highly trained eyes for the public. Certainly in our concern about containment overpressure in the context of power uprates two years ago, we felt that you carefully considered the issue and brought your collective expertise to bear in a fair and impartial manner. We would ask that the ACRS bring the same scrutiny to bear on the Vermont Yankee license renewal application.

Our request for postponement stems from the fact that there-are still Requests for Additional Information awaiting answers from Entergy Nuclear Operations, Inc. Once those answers are received, Vermont assumes that the NRC Staff will have to analyze the responses and incorporate them into the Final Safety Evaluation Report. This would mean that the SER isn't available for review by ACRS members or the public until close to the date of your February meeting. Vermont wants the ACRS to have ample time to review the SER before doing its final review of the license application.

Moreover, hearings in the case before the Atomic Safety and Licensing Board on the admitted contentions are not scheduled until July of 2008. A postponement of the ACRS Final Review by a month to ensure the proper information is before ACRS and allow sufficient time for review of that information will not affect the larger review schedule for the Vermont Yankee license renewal application. Your review is crucial to providing .

I-reasonable assurance of the adequate protection of the public health and safety. Vermont does not want to see that assurance eroded by haste.

Thank you very much for your consideration of this postponement. We believe that delaying the review is in the public interest of all Vermonters.

Very truly yours, David J. O'Brien Commissioner Vermont Department of Public Service cc: Service List in NRC Docket 50-271-LR/ASLB No. 060849-03-LR I,

February 7, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT ) Docket No. 50-271-LR YANKEE LLC AND ENTERGY NUCLEAR ) ASLBP No. 06-849-03-LR OPERATIONS, INC. )

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Department of Public Service Disclosure and Certification of Disclosure dated February 7, 2008 were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, on the 7th day of February, 2008, and by electronic mail and where indicated by an asterisk on the 7th day of February, 2008.

  • Office of Commission *Lloyd B. Subin, Esq.

Appellate Adjudication *Mary C. Baty, Esq.

Mail Stop 0-16 C1 *David E. Roth U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555-0001 Mail Stop 0-15 D21 OCAAmailgnrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

  • Anthony Z. Roisman, Esq. lbs3@nrc.gov National Legal ScholarsLaw Firm mcb 1@nrc. gov 84 East Thetford Road der(nrc.gov Lyme, NH 03768 aroismananationalleaalscholars.com *David R. Lewis, Esq.
  • Matias F. Travieso-Diaz
  • Ronald A. Shems,,Esq. Pillsbury, Winthrop, Shaw, Pittman, LLP.
  • Karen Tyler, Esq. 2300 N Street, N.W.

Shems, Dunkiel, Kassel & Saunders, PLLC. Washington, DC 20037-1128 91 College Street david.lewis@pillsburylaw.com Burlington, VT 05401 matias.travieso-diazn.nillsburvlaw. corn rshems(sdkslaw.com ktyler@sdkslaw.com Lawrence J. Chandler, Esq.

Office of the General Counsel Mail Stop 15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

,/

  • Peter Roth, Esq. *Office of the Secretary Environmental Protection Bureau Attn: Rulemaking and Adjudications Staff Attorney General Department of Justice Mail Stop: 0-16 C1 33 Capitol Street U.S. Nuclear Regulatory Commission Concord, NH 03301-6397 Washington D.C, 20555-0001 mailto:iennifer.patterson(idoi.nh.gov hearingdocket@nrc.gov secy@nrc.gov Respectfully submitted, Susan Pittsley Vermont Departent of Public Service