ML081150600
| ML081150600 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 04/24/2008 |
| 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-33 | |
| Download: ML081150600 (4) | |
Text
1 [NEC] Motion to File a Timely New or Amended Contention (Mar. 17, 2008) [NEC Motion].
2 Entergys Response to NECs Motion to File a Timely New or Amended Contention (Apr. 10, 2008) [Entergy Answer]; NRC Staff Answer to NEC Motion to File a Timely New or Amended Contention 2A (Metal Fatigue) (Apr. 10, 2008) [NRC Answer].
3 [NECs] Reply re: Motion to File a New or Amended Contention (Apr. 17, 2008) [NEC Reply].
UNITED STATES OF AMERICA DOCKETED 04/24/08 NUCLEAR REGULATORY COMMISSION SERVED 04/24/08 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. William H. Reed In the Matter of 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 April 24, 2008 ORDER (Granting Motion to Amend NEC Contention 2A)
On March 17, 2008, the New England Coalition, Inc. (NEC) moved for leave to amend its Contention 2A to address Entergys Second CUFen Reanalysis that was provided to NEC on February 15, 2008.1 On April 10, 2008, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively Entergy) and the NRC Staff filed their respective answers to the Motion.2 On April 17, 2008, NEC filed its Reply.3 The Board concludes, and neither Entergy nor the NRC Staff dispute, Entergy Answer at 1 n.1; NRC Answer at 3, that the NEC Motion satisfies the three criteria for amended contentions specified at 10 C.F.R. § 2.309(f)(2)(i)-(iii). We also conclude, and Entergy does not dispute, see Entergy Answer at 2, that the NEC Motion satisfies the six basic criteria for
2 4 We have previously articulated the regulatory requirements for the admission of a new or amended contention and see no need to repeat that discussion here. See LBP-07-15, 66 NRC 261 (2007).
5 Initial Scheduling Order at 10 (Nov. 17, 2006) (unpublished).
6 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.
contentions specified at 10 C.F.R. § 2.309(f)(1)(i)-(vi). Therefore we grant the motion.4 Given that NECs initial statements of position, testimony, affidavits, and exhibits are due very shortly,5 we decline the invitations of Entergy and NEC to restate NECs current amendment and/or NEC Contention 2A, see Entergy Answer at 3; NRC Answer at 4; NEC Reply at 4. NEC Contention 2A is still on the table and Entergys Second CUFen Reanalysis was apparently intended to respond to certain aspects of that contention. NECs current amendment, which we will designate NEC Contention 2B, was apparently designed to prevent NEC from being foreclosed from challenging Entergys Second CUFen Reanalysis, and is really just a subset of NEC Contention 2A.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD6 Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Dr. Richard E. Wardwell ADMINISTRATIVE JUDGE Dr. William H. Reed ADMINISTRATIVE JUDGE Rockville, Maryland April 24, 2008
/RA/
/RA by E. Roy Hawkens for:/
/RA by E. Roy Hawkens for:/
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 (GRANTING MOTION TO AMEND NEC CONTENTION 2A) 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 William H. Reed Atomic Safety and Licensing Board Panel 1819 Edgewood Lane Charlottesville, VA 22902 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 (GRANTING MOTION TO AMEND NEC CONTENTION 2A)
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.
Blake J. Nelson 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 Robert L. Stewart New England Coalition 229 Kibbee Ext.
Brookfield, Vermont 05036 Alan A. Pemberton, Esq.
Derron J. Blakely, Esq.
Covington & Burling LLP Counsel for Electric Power Research Institute (EPRI) 1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 24th day of April 2008