ML15202A295

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Order (Adopting Proposed Transcript Corrections)
ML15202A295
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 07/21/2015
From: William Froehlich
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-271-LA-3, ASLBP 15-940-03-LA-BD01, RAS 28073
Download: ML15202A295 (7)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

William J. Froehlich, Chair Dr. Michael F. Kennedy Dr. Richard E. Wardwell In the Matter of Docket No. 50-271-LA-3 ENTERGY NUCLEAR VERMONT YANKEE, LLC, AND ENTERGY NUCLEAR ASLBP No. 15-940-03-LA-BD01 OPERATIONS, INC.

July 21, 2015 (Vermont Yankee Nuclear Power Station)

ORDER (Adopting Proposed Transcript Corrections)

Oral argument on the admissibility of the State of Vermonts proposed Contentions I, II, III, and IV1 was held telephonically on Tuesday, July 7, 2015.2 On July 20, 2015, the participants to this proceeding, Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., the Nuclear Regulatory Commission Staff, and the State of Vermont, jointly filed proposed corrections to the transcript of the oral argument.3 The participants state that the proposed transcript corrections are necessary to either fix material errors in the transcript or to ensure 1

See State of Vermonts Petition for Leave to Intervene and Hearing Request (Apr. 20, 2015);

Entergys Answer Opposing State of Vermonts Petition for Leave to Intervene and Hearing Request (May 15, 2015); NRC Staff Answer to State of Vermont Petition for Leave to Intervene and Hearing Request (May 15, 2015); The State of Vermonts Reply to NRC Staff and Entergy Answers to Petition for Leave to Intervene and Hearing Request (May 22, 2015).

2 Transcript 1-78.

3 Joint Proposed Corrections to the Transcript of the Oral Argument Held on July 7, 2015 (July 20, 2015).

that the transcript accurately reflects statements made during the oral argument.4 The Board has reviewed the participants proposed corrections and approves the corrections as set forth in Appendix A to this order. The participants proposed transcript corrections are hereby adopted and the July 7, 2015 transcript is revised as set forth in Appendix A.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

/RA/

William J. Froehlich, Chair ADMINISTRATIVE JUDGE Rockville, Maryland July 21, 2015 4

Id. at 1.

APPENDIX A CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON JULY 7, 2015 (DOCKET NO. 50-271-LA-3)

Page Line(s) Delete Insert 5 4 the Licensee the Licensing 7 19-20 to file to file to file 9 4 complete of completeness of 9 20 slot of swap of 10 2 hasty evaluation safety evaluation 11 10 Toe the To the 11 15 ad the and the 12 9 not been now been 12 21 doe snot does not 13 19 request or LAR. request, or LAR, 13 20 They would that would 14 5 contention of admissibility contention admissibility 14 8 why four why all four 14 9 are admissible are inadmissible 15 15 to relive to delete 15 19 speaks to only seeks to do only 15 21 in these and these 15 24 infamous full attack impermissible attack 16 6 on the basis of on the basis that 16 22 are not moot. are now moot.

17 2 form the from the 17 6 June 17 so the June 17. Those 18 1 to talk to you and to this opportunity to 19 10 exclusively contemplated explicitly contemplated 19 16 inadmissibly challenges impermissibly challenges 19 17 without taking without seeking 20 4 on PSF in PFS 20 5 require element required element 20 13 form the from the 20 17 the December the decommissioning 20 18 December expenses are decommissioning expenses after 20 20 Thus, is the Thus, if the 20 21 would not longer would no longer 21 15-16 decommission admissibility. decommission the facility.

22 5 explain in explained in 22 18 6 of 6 24 17 50.75(h)(i) 50.75(h)(1) 25 1 December trust decommissioning trust 25 7 crosses a narrow line is a narrow one

Page Line(s) Delete Insert 25 14 protected of protective of 26 1 And I ADMIN. JUDGE FROEHLICH:

And I 27 19 is at the is that the 28 6 Please ADMIN. JUDGE FROEHLICH:

Please 31 9 50.82(a)(8)(1) 50.82(a)(8)(i) 31 13 75(h) 50.75(h) 31 23 are two as two 32 16 if had if 33 5 are licensing our licensing 33 11 licensing amendment. license amendment.

34 6 years whether years on other 35 20 essential management spent fuel management 35 22 they sough they sought 37 13-14 just noticing comment just notice and comment 39 11 license ability. licensability.

39 12 license ability. licensability.

40 5 to it. to it. So, Your Honor.

40 6-7 ADMIN. JUDGE WARDWELL: ADMIN. JUDGE WARDWELL:

So Your Honor, this is This is 41 5 request it does request does 44 5 doe snot does not 46 11 Comanche Peake Comanche Peak 46 13 conditions to condition to 46 14 Out exemption Our exemption 46 24 Comanche Peake Comanche Peak 47 15 than regulation that regulation 47 25 Comanche Peake Comanche Peak 48 8 Comanche Peake Comanche Peak 48 10 And do the And did the 48 11 state complication state consultation 48 12 or a state that or state that it 48 18 Comanche Peake Comanche Peak 48 22 Comanche Peake Comanche Peak 48 25 my request my 49 12 generating tube generator tube 49 24 were discussed here discussed 49 25 Comanche Peake Comanche Peak 50 2 Comanche Peake Comanche Peak 50 12-13 Comanche Peake Comanche Peak 53 14 is at is that 53 20 which is exemption with an exemption 54 2 prude investment prudent investor

Page Line(s) Delete Insert 55 4 (8) apply (8) and would apply 56 7 doe snot does not 56 10 FPS PFS 56 22 thee matters these matters 59 14 a redemption process an exemption process 60 1 your compliance with the youre complying with the regulation. regulations.

61 13 just be just to be 61 14 completed unrelated completely unrelated 61 17 forms as forums as 67 25 this annual an annual 68 25 Is there Is this 69 6 find if fine if 70 5 deficiency of sufficiency of 70 22-23 theses issues these issues 71 6 Section 75(h) Section 50.75(h) 71 8 challenge to challenges to 71 10 think is think that is 71 14 inadmissible contentions admissible contentions 71 22 infamously impermissible 72 1 found to e found to be 73 9 amendment summary request amendment request 73 12-13 are an infamous challenge to are impermissible challenges to 73 22-23 decommissioned disbursements decommissioning disbursements 74 6 hearing process decommissioning process 74 10 option for a hearing opportunity for a hearing 75 12 argument in the argument and the 76 13 PSF PFS 76 18 environmental is environment is 76 19 approve this approves this 77 15 fro Vermont o August from Vermont on August

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE, LLC ) Docket No. 50-271-LA-3 AND ENTERGY NUCLEAR OPERATIONS, INC. )

)

(Vermont Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Adopting Proposed Transcript Corrections) have been served upon the following persons by the Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3 F23 Mail Stop: O15D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 William J. Froehlich, Chairman Administrative Judge Anita Ghosh, Esq.

william.froehlich@nrc.gov Beth Mizuno, Esq.

Mitzi Young, Esq.

Dr. Michael F. Kennedy Jeremy Wachutka, Esq.

Administrative Judge Daniel Straus, Esq.

Michael.Kennedy@nrc.gov Edward Williamson, Esq.

John Tibbetts, Paralegal Dr. Richard E. Wardwell anita.ghosh@nrc.gov Administrative Judge beth.mizuno@nrc.gov Richard.Wardwell@nrc.gov mitzi.young@nrc.gov jeremy.wachutka@nrc.gov Nicole Pepperl, Law Clerk daniel.straus@nrc.gov Nicole.Pepperl@nrc.gov edward.williamson@nrc.gov john.tibbetts@nrc.gov U.S. Nuclear Regulatory Commission Vermont Department of Public Service Office of Commission Appellate 112 State Street - Drawer 20 Adjudication Montpelier, VT 05620-2601 Mail Stop: O-7H4M Aaron Kisicki, Esq.

Washington, DC 20555-0001 aaron.kisicki@state.vt.us ocaamail@nrc.gov

DOCKET NO. 50-271-LA-3 ORDER (Adopting Proposed Transcript Corrections)

U.S. Nuclear Regulatory Commission Entergy Services, Inc.

Office of the Secretary of the Commission 101 Constitution Ave., NW Mail Stop: O-16C1 Washington, DC 200012133 Washington, DC 20555-0001 Susan Raimo, Esq.

Hearing Docket sraimo@entergy.com hearingdocket@nrc.gov Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue NW Washington, DC 20004 Paul M. Bessette, Esq.

Stephen Burdick, Esq.

Raphael P. Kuyler, Esq.

Ryan Lighty, Esq.

pbessette@morganlewis.com sburdick@morganlewis.com rkuyler@morganlewis.com rlighty@morganlewis.com

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 21st day of July, 2015 2