ML090350114

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Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Energy'S Confirmatory Cufen Analyses
ML090350114
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 01/25/2009
From: Hofmann S, Roisman A
National Legal Scholars Law Firm, PC, 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 M-398
Download: ML090350114 (4)


Text

DOCKETED USNRC January 26, 2009 (8:00am)

OFFICE OF SECRETARY January 25, 2009 RULEMAKINGS AND ADJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) Docket No. 50-271-LR NUCLEAR OPERATIONS, INC )

) ASLBP No. 06-849-03-LR (Vermont Yankee Nuclear Power Station))

VERMONT DEPARTMENT OF PUBLIC SERVICE UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO ENTERGY'S CONFIRMATORY CUFen ANALYSES Pursuant to the Board's Partial Initial Decision (Ruling on Contentions 2A, 2B, 3 and 4), LBP-08-25, 68 N.R.C. _ (Nov. 24, 2008) Entergy filed its "confirmatory environmentally assisted fatigue (CUFen) analyses" for certain reactor components on January 8, 2009. Pursuant to that Order responses by any party to the Entergy filing are due on February 23, 2009. The Vermont Department of Public Service (DPS) files thi's unopposed motion to extend the deadline for filing responses to March 9, 2009.

DPS is in the process of retaining Beckman & Associates to review the calculations submitted by Entergy. Initially, Beckman indicated that the work requested could be done at a cost that would allow for expedited contract approval. Subsequently, after review of the material in more detail by DPS and Beckman, it was determined that the cost of the work would be sufficiently greater and that a 1-

more complicated contracting process would be required. As a result, DPS has not been able to formally retain Beckman and thus Beckman's review of the material has been delayed. An additional 14 days will be sufficient to allow the contracting process to be completed, for Beckman to provide its analysis to DPS and for DPS to determine what, if any, response it will have to the new calculations by Entergy.

DPS counsel contacted attorneys for the NRC Staff and Entergy to seek their views regarding the proposed extension. After accommodating their concerns and explaining the facts as described above, Staff and Entergy indicated they would not oppose the motion. Counsel for the State of New Hampshire has indicated he supports the motion. The pro se representative for NEC has indicated he supports the motion.

For the reasons stated, DPS requests the Board extend the deadline for filing responses to the January 8th filing by Entergy to, and including, March 9, 2009.

Respectfully submitted, Sarah Hofmff,,

Director for-Public Advocacy Vermont Department of Public Service 112 State Street

.Montpelier, VT 05620-2601 Tel. (802) 828-3088 Anthony Z. Roisman National Legal Scholars Law Firm, P.C.

84 East Thetford Road Lyme, NH 03768 Tel. (603) 795-4245 2

January 25, 2009 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 Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Entergy's Confirmatory CUFen Analysis were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid on January 26, 2009 and where indicated by an asterisk by electronic mail, this 2 5 th day of January, 2009.

  • Administrative Judge *Office of the Secretary Alex S. Karlin, Esq., Chairman Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: 0-16 C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington D.C, 20555-0001 Washington, DC 20555-0001 hearingdocket(?,nrc.gov ask2@nrc.gov secy(ý)nrc.gov
  • Administrative Judge *Office of Commission Dr. Richard E. Wardwell Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C I Mail Stop T-3 F23. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 OCAAmail(?nrc.gov rew=nrc. gov Atomic Safety and Licensing Board
  • Administrative Judge Mail Stop T-3 F23 William H. Reed US Nuclear Regulatory Commission 1819 Edgewood Lane Washington, DC 20555-0001 Charlottesville, VA 22902 whrcvillea~embargmail.com
  • David R. Lewis, Esq.
  • Matias F. Travieso-Diaz
  • Lloyd B. Subin, Esq. *Blake J. Nelson
  • Mary C. Baty, Esq. Pillsbury, Winthrop, Shaw, Pittman, LLP.
  • Susan Uttal 2300 N Street, N.W.

Office of the General Counsel Washington, DC 20037-1128 Mail Stop 0-15 D21 david.lewisgpillsburvlaw.com U.S. Nuclear Regulatory Commission matias.travieso-diazdpillsburylaw.com Washington, DC 20555-0001 blake.nelsongpillsburMlaw.com lbs3@nrc.gov mcb 1@nrc. gov *Zachary Kahn, Esq.

susan.uttalgnrc.gov Atomic Safety and Licensing Board Panel Mail Stop T-3 F23

  • Anthony Z. Roisman, Esq. US Nuclear Regulatory Commission National Legal Scholars Law Firm Washington, DC 20555-0001 84 East Thetford Road zacharykahngnrc.gov Lyme, NH 03768 aroisman (nationallegalscholars.com *Lauren Bregman, Law Clerk Atomic Safety and Licensing Board
  • Raymond Shadis US Nuclear Regulatory Commission 37 Shadis Road Mail Stop: T-3 F23 PO Box 98 Washington, DC 20555-0001 Edgecomb, ME 04556 Lauren.Bregmangnrc.gov shadisp~prexar.com
  • dcurran(diharmoncurran.com Matthew.Brockaistate.ma.us
  • Peter L. Roth, Esq.

Office of the New Hampshire Attorney General 33 Capitol Street Concord,.NH 03301 Peter.rothidoi .nh.gov Respectfully submitted, Sarah Hom Vermont Deartment of Public Service