ML080940512

LB Order (Regarding the Record for the Evidentiary Hearing)

ML080940512
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	04/03/2008
From:	Karlin A, Wendy Reed, Richard Wardwell Atomic Safety and Licensing Board Panel
To:
SECY/RAS
References
06-849-03-LR, 50-271-LR, RAS M-15
Download: ML080940512 (6)

Text

UNITED STATES OF AMERICA DOCKETED 04/03/08 NUCLEAR REGULATORY COMMISSION SERVED 04/03/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. William H. Reed 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. April 3, 2008 (Vermont Yankee Nuclear Power Station)

ORDER (Regarding the Record for the Evidentiary Hearing)

This Order concerns the creation and content of the evidentiary record that will serve as the basis of the Boards decision herein. As we have previously stated to the parties, the evidentiary record will consist of those portions of (a) the initial and rebuttal pre-filed written testimony and exhibits that the parties (and interested state) file pursuant to our Initial Scheduling Order (ISO)1 and (b) the documents that the Staff offers into evidence pursuant to 10 C.F.R. § 2.337(g), that are admitted by the Board. The first set of pre-filed written testimony and exhibits is due on April 28, 2008, sixty days after the Staffs notice to the parties that the Final Safety Evaluation Report (FSER) was complete.2 1

Licensing Board Order (Initial Scheduling Order) (Nov. 17, 2006) at 9-11 (unpublished)

[ISO]. See also Tr. at 608-10.

2 ISO at 10.

2 The parties and the interested state should be aware of the following points:

1. The evidentiary record is currently empty. The Board will base its decisions on evidence that is admitted into the record of this proceeding. Affidavits and exhibits that have been submitted previously (e.g., in support of contention admissibility or in support of motions for summary disposition) have neither been proffered nor accepted into evidence and are not part of the evidentiary record. Similarly, documents in the NRC Agencywide Documents Access and Management System (ADAMS), the documents disclosed pursuant to 10 C.F.R.

§ 2.336, and the documents filed by the Staff in accordance with 10 C.F.R. § 2.1203(b), have not been proffered or admitted into evidence and are not in the record in this adjudicatory proceeding. Our evidentiary record consists solely of the evidence proffered and admitted herein. If a party or the Staff want testimony or a document in the evidentiary record, then it must include such testimony or document in the material filed pursuant to ISO sections II.10.B - D.

2. Incorporation by reference is not sufficient. Declarations, affidavits and exhibits must be submitted anew if they are being proffered as evidence. Incorporation by reference is not acceptable.

3. Written testimony should be submitted into evidence in exhibit form. See 10 C.F.R.

§ 2.1207(b)(2). This means that the written testimony must include a statement that it is sworn or affirmed under penalties of perjury. For each witness, a single new and consolidated affidavit or declaration containing the witnesses testimony is greatly preferable to the re-submission of a series of previously submitted, overlapping, and potentially confusing declarations (e.g., re-submission of Declarations 1 through 5 from witness X). Do not assume that your witnesses will be able to supplement his or her written testimony with oral explanation or oral testimony at the evidentiary hearing.

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4. Statements of position and evidence should include, explain, and define important terms. The statements of position and evidence submitted by the parties and Staff should explain any fundamental point and define any term that is necessary or important to the Boards understanding of your case and to our decision on the contentions. This will help us in writing our rulings. Where possible, this should be done in clear, non-technical English and with supporting citations.

5. Tables, graphs, drawings, and other visual aids should not be located inside pre-filed written testimony. Tables, graphs, drawings, and other visual aids that are referred to in pre-filed written testimony should be submitted as separate exhibits, rather than incorporated inside of the written testimony. For example, do not incorporate a chart within the text of the pre-filed testimony. Instead, the chart should be a separately numbered exhibit.

6. Final Safety Evaluation Report. Although not automatically required by 10 C.F.R.

§ 2.337(g)(2), we request that the NRC Staff offer into evidence a copy of its Final Safety Evaluation Report (FSER). This will avoid the possibility of duplicative or partial submission of the FSER.

7. Specific Reference. If an exhibit (other than pre-filed written testimony) is longer than 2 pages, then the party submitting it should identify, in either the pre-filed written testimony or the statement of position, the specific page and/or section number that is being cited. The Board is not in a position to read the entire text of a long exhibit in an attempt to discern why it was submitted or what part of it is relevant to a point that a party is trying to establish.

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8. Avoid Duplication. The parties and NRC Staff should discuss and coordinate their evidentiary submissions to avoid duplication of exhibits.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD3

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland April 3, 2008 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.

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 (REGARDING THE RECORD FOR THE EVIDENTIARY HEARING) 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 William H. Reed Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 1819 Edgewood Lane U.S. Nuclear Regulatory Commission Charlottesville, VA 22902 Washington, DC 20555-0001 Lloyd B. Subin, Esq. Ronald A. Shems, Esq.

David E. Roth, Esq. Karen Tyler, Esq.

Mary C. Baty, Esq. Andrew Raubvogel, Esq.

Office of the General Counsel Shems Dunkiel Kassel & Saunders, PLLC Mail Stop - O-15 D21 91 College Street U.S. Nuclear Regulatory Commission Burlington, VT 05401 Washington, DC 20555-0001

2 Docket No. 50-271-LR LB ORDER (REGARDING THE RECORD FOR THE EVIDENTIARY HEARING)

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 Robert L. Stewart New England Coalition 229 Kibbee Ext.

Brookfield, Vermont 05036

[Original Signed by Nancy Greathead]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 3rd day of April 2008