ML090680620
| ML090680620 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 03/09/2009 |
| 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-408 | |
| Download: ML090680620 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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. March 9, 2009 (Vermont Yankee Nuclear Power Station)
ORDER (Clarifying Deadline for Filing New or Amended Contentions)
On November 24, 2008, the Board issued a Partial Initial Decision (PID) stating that this adjudicatory proceeding is open until 45 days after Entergy performs its confirmatory CUFen analyses on the core spray (CS) and reactor recirculation (RR) nozzles and serves the other parties with copies of the full written results of such analyses.1 We stated that certain new or amended contentions might be filed concerning the confirmatory CUFen analyses and that [i]f no motion involving any such new, amended, or revitalized contention is filed by the 45th day, the adjudicatory proceeding on these matters shall be terminated. PID at 67-68. In light of subsequent events, this order clarifies the deadline for filing of new or amended contentions.
The relevant subsequent events are as follows. On January 8, 2009, Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy) submitted a letter stating that the confirmatory CUFen analyses on the CS and RR nozzles had been 1
Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.
(Vermont Yankee Nuclear Power Station), LBP-08-25, 68 NRC __, __ (slip op. at 67 and 151-
- 52) (Nov. 24, 2008), as clarified by Licensing Board Order (Granting Entergy Motion for Clarification) (Dec. 22, 2008) (unpublished) [PID].
2 performed and that the results had been served on the parties to this proceeding.2 On January 26, 2009, the Board granted a motion by the Department of Public Services of the State of Vermont (Vermont) to extend the time for filing of responses to Entergys January 8, 2009, filing until March 9, 2009.3 On February 26, 2009, Entergy issued another letter indicating that, it was making certain inconsequential changes to the January 8, 2009, confirmatory analyses for the CS and RR nozzles and that certain other parts of the CUFens will be modified and that other editorial changes will be made.4 On March 6, 2009, the New England Coalition (NEC), filed a motion requesting that the Board
[A]lter or amend the schedule so as to extend the time permitted for intervenors to file comment, response, and timely new or amended contentions regarding
[Entergys] confirmatory environmentally-assisted fatigue analyses of Vermont Yankees [CS] and [RR] nozzles until thirty days after Entergy has filed final, accurate, and complete analyses and until at least fifteen days after NRC Staff has filed its planned Supplemental Safety Evaluation Report and Audit Summary regarding the confirmatory analyses of the CS and [RR] nozzles.5 On March 9, 2009, Entergy filed an answer to NECs motion,6 and NEC filed a petition for leave to reply thereto.7 2
Letter from Matias Travieso-Diaz, Counsel for Entergy, to the Atomic Safety and Licensing Board (Jan. 8, 2009).
3 Licensing Board Order (Granting Unopposed Motion for Extension of Time) (Jan. 26, 2009) (unpublished).
4 Letter from Matias Travieso-Diaz, Counsel for Entergy, to the Atomic Safety and Licensing Board (Feb. 26, 2009).
5 New England Coalitions Motion to Alter or Amend the Schedule in the Above Captioned Proceeding (Mar. 6, 2009) at 7.
6 Entergys Opposition to New England Coalitions Motion to Alter or Amend the Schedule (Mar. 9, 2009).
7 New England Coalitions Petition for Leave [to] Reply to Entergy Responses to New England Coalitions Motion to Alter or Amend the Schedule in the Above Captioned Proceeding (Mar. 9, 2009).
3 In light of this situation, the Board clarifies the schedule as follows. First, the parties need to recognize that the 45 day time period specified in the PID is triggered by a specific event - Entergys service on NEC and Vermont of its confirmatory CUFen analyses for the CS and RR nozzles. These must be Entergys final analyses of record, not analyses that Entergy is still modifying or correcting. Entergys February 26, 2009, letter makes clear that Entergys January 8, 2009, confirmatory CUFen analyses did not meet these criteria. Until Entergy has finalized its CUFens as the analyses of record, the triggering event has not yet occurred. Thus, for example, if Entergy issues what it denominates as its final analyses of record CUFens, and then, as result of NRC Staff comments or otherwise, Entergy further modifies these calculations and submits revisions or corrections or supplementary letters or analyses regarding the formerly final analyses of record CUFens, then the 45 days begins to run after the service of such revisions, corrections, and/or supplements.8 The triggering of the 45 day time frame is in Entergys hands.9 Second, the schedule is not being held open as an opportunity for NEC to file mere commentary or other responses to the final confirmatory CUFens. It is for the filing of new or amended contentions, meeting the requirements of 10 C.F.R. § 2.309(f)(1) and (2) and the criteria set forth in the PID at page 67.
8 We are not requiring that the final CUFen analyses of record be restated in their entirety, only that they be final and be the analyses of record that Entergy will rest upon for purposes of the pending license renewal application. Furthermore, we recognize that such final analyses of record may be amended again later as part of some subsequent amendment to the Vermont Yankee license. Such later amendments are not the subject of this proceeding.
9 It may not be apparent, before the expiration of 45 days, whether a confirmatory CUFen analyses that Entergy has submitted might be further modified by Entergy. In such circumstances, the intervenors must file any new or amended contentions within that initial 45 day period, because if Entergy does not further revise its final CUFens, the deadline for filing such contentions will have expired. Meanwhile, if Entergy does further amend or correct its CUFens, the intervenors will have another 45 day opportunity to amend their proposed new or amended contentions.
4 Finally, in light of the foregoing, the Board denies NECs motion to alter the schedule and its petition to file a reply.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD10
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland March 9, 2009 10 Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.;
(2) the Department of Public Service of the State of Vermont and the New England Coalition of Brattleboro, Vermont; (3) the NRC Staff; and (4) the State of New Hampshire and the Commonwealth of Massachusetts.
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 (CLARIFYING DEADLINE FOR FILING NEW OR AMENDED CONTENTIONS) 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. Sarah Hofmann, Esq.
David E. Roth, Esq. Director for Public Advocacy Mary C. Baty, Esq. Department of Public Service Susan L. Uttal, Esq. 112 State Street - Drawer 20 Jessica A. Bielecki, Esq. Montpelier, VT 05620-2601 Brian Newell, Paralegal Office of the General Counsel O15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-271-LR LB ORDER (CLARIFYING DEADLINE FOR FILING NEW OR AMENDED CONTENTIONS)
Matthew Brock Anthony Z. Roisman, Esq.
Assistant Attorney General National Legal Scholars Law Firm Environmental Protection Division 84 East Thetford Rd.
Office of the Attorney General Lyme, NH 03768 One Ashburton Place, 18th Floor Boston, MA 02108 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 Blake J. Nelson, Esq. Office of the New Hampshire Pillsbury Winthrop Shaw Pittman LLP Attorney General 2300 N Street, NW 33 Capitol Street Washington, DC 20037-1128 Concord, NH 03301 Robert L. Stewart Alan A. Pemberton, Esq.
New England Coalition Derron J. Blakely, Esq.
229 Kibbee Ext. Covington & Burling LLP Brookfield, Vermont 05036 Counsel for Electric Power Research Institute (EPRI) 1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
3 Docket No. 50-271-LR LB ORDER (CLARIFYING DEADLINE FOR FILING NEW OR AMENDED CONTENTIONS)
Raymond Shadis Raymond Shadis 37 Shadis Road New England Coalition P.O. Box 98 P.O. Box 545 Edgecomb, Maine 04556 Brattleboro, VT 05302 Ronald A. Shems, Esq.
Karen Tyler, Esq.
Andrew Raubvogel, Esq.
Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 9th day of March 2009