ML101930340

Order (Setting Schedule for Remand Filings)

ML101930340
Person / Time
Site:	05000217
Issue date:	07/12/2010
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
SECY/RAS
References
06-849-03-LR, 50-271-LR, RAS M-441
Download: ML101930340 (5)

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 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 July 12, 2010 (Setting Schedule for Remand Filings)

ORDER On July 8, 2010, the Commission remanded this matter to the Board for the purpose of allowing the New England Coalition, Inc. (NEC) and the Department of Public Services of the State of Vermont (Vermont) the opportunity to submit a revised Contention 2.1 The Commission added that the proceeding will remain open during the pendency of the remand and that NEC and Vermont are free to submit a motion to reopen the record pursuant to 10 C.F.R. §2.326, should they seek to address any genuinely new issues related to the license renewal application that previously could not have been raised. Id

. at 10 n.37.

1 Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), CLI-10-17, 72 NRC, slip op. at 2 and 51-56 (July 8, 2010)

2 Pursuant to the Commissions ruling, the Board sets the following schedule:

1. Revised Contention 2: If NEC or Vermont seeks to submit a revised Contention 2, it shall do so on or before August 20, 2010. Pursuant to 10 C.F.R. § 2.309(h), answers shall be filed within twenty-five (25) days after the service of the revised contention and replies shall be filed seven (7) days after service of the answers.

2. Motion to Reopen: If any party seeks to file a motion to reopen, it shall be filed on or before August 20, 2010. Any such motion shall separately address each of the criteria specified in 10 C.F.R. § 2.326 and shall be accompanied by the specified affidavit(s).

a. If the motion to reopen relates to a contention not previously in controversy, then the motion shall be accompanied by such new contention together with a filing supporting the admissibility of the new contention under 10 C.F.R. § 2.309(f)(1) and 2.309(c).2

b. If the motion to reopen does not proffer a new contention, then answers shall be filed within ten (10) days of service of the motion, and replies shall be filed within seven (7) days of the service of the answer.

Answers to the motion and contentions shall be filed within twenty-five (25) days of service of the motion and shall respond to all elements of the motion and the proposed new contention. Replies shall be filed within seven (7) days of the service of the answers.

2 The regulation specifies that new contentions filed in association with a motion to reopen must satisfy the requirements for nontimely contentions under 10 C.F.R. § 2.309(c). See. 10 C.F.R.

§ 2.326(d).

3

3. Selection of Hearing Procedures: Any submission of a revised Contention 2 or a motion to reopen accompanied by a new contention, may address the selection of hearing procedures pursuant to 10 C.F.R. §§ 2.309(g) and 2.310.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Alex S. Karlin, Chairman

_________/RA/__________________

ADMINISTRATIVE JUDGE Rockville, Maryland July 12, 2010

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

ENTERGY NUCLEAR VERMONT YANKEE, LLC )

Docket No. 50-271-LR and ENTERGY NUCLEAR

)

OPERATIONS, INC.

)

)

(Vermont Yankee Nuclear Power Station)

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (SETTING SCHEDULE FOR REMAND FILINGS) have been served upon the following persons by U.S. mail, first class, or through NRC internal mail.

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 Hearing Docket Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Alex S. Karlin, Chair Administrative Judge Richard E. Wardwell Administrative Judge William H. Reed Administrative Judge Atomic Safety and Licensing Board Panel 1819 Edgewood Lane Charlottesville, VA 22902 Lauren Bregman, Law Clerk Lloyd B. Subin, Esq.

Maxwell C. Smith.

Susan L. Uttal, Esq.

Mary B Spencer, Esq.

Brian Newell, Paralegal Office of the General Counsel O15D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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

DOCKET NO. 50-271-LR ORDER (SETTING SCHEDULE FOR REMAND FILINGS) 2 Matthew Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18th Floor Boston, MA 02108 Dan MacArthur, Director Town of Marlboro Emergency Management P.O. Box 30 Marlboro, VT 05344 Callie B. Newton, Chair Gail MacArthur Lucy Gratwick Town of Marlboro SelectBoard P.O. Box 518 Marlboro, VT 05344 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 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Elina Teplinsky, Esq.

Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, NW Washington, DC 20037-1128 Alan A. Pemberton, Esq.

Covington & Burling, LLP Counsel for Electric Power Research Institute 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 Robert L. Stewart New England Coalition 229 Kibbee Ext.

Brookfield, Vermont 05036 Raymond Shadis 37 Shadis Road P.O. Box 98 Edgecomb, ME 04556 Raymond Shadis New England Coalition P.O. Box 545 Brattleboro, VT 05302

[Original signed by Nancy Greathead]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 12h day of July 2009