ML15246A206
| ML15246A206 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 09/03/2015 |
| From: | William Froehlich Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-271-LA-3, ASLBP 15-940-03-LA-BD01, RAS 28250 | |
| Download: ML15246A206 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman 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.
September 3, 2015 (Vermont Yankee Nuclear Power Station)
ORDER (Scheduling Conference Call and Establishing Hearing Procedures)
On August 31, 2015, the Atomic Safety and Licensing Board (Board) granted a petition to intervene and hearing request filed by the State of Vermont challenging a license amendment request (LAR) filed by Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (together Entergy).1 The Boards order admitted two contentions.
Contention I concerns the necessity of a 30-day notice requirement prior to use of the decommissioning trust fund for expenses other than ordinary administrative costs to operate the fund.2 Contention V deals with the legal issue of whether the LAR is in accordance with the provisions of paragraph (h) of [10 C.F.R. § 50.75] when a licensee is already exempt from two provisions of 10 C.F.R. § 50.75(h)(1)(iv).3 This is to notify Entergy, Vermont, and the NRC Staff that, in accordance with 10 C.F.R.
§§ 2.329 and 2.332, the Board will hold an initial conference call on Thursday, September 10, 1 LBP-15-24, 82 NRC __, __ (slip op. at 1) (August 31, 2015).
2 Id. at __ (slip op. at 11, 27-30).
3 Id. at __ (slip op. at 44-45).
2015, at 1 p.m. EDT for the purpose of developing a scheduling order to govern the conduct of this proceeding. Prior to the conference call, the parties and the NRC Staff should familiarize themselves with the relevant procedural rules of 10 C.F.R. Part 2, including but not limited to 10 C.F.R. §§ 2.309(c) and (f), 2.310, 2.323, 2.329, 2.332, 2.333, 2.334, 2.338, all of Subpart L, and the model milestones set forth in Appendix B to Part 2.
A. Hearing Procedures The Board intends to resolve the two admitted contentions in a bifurcated manner.
Contention V will be addressed first and will be decided based on legal briefs and oral argument. An initial decision on Contention V will be issued before the Board addresses Contention I.
Pursuant to 10 C.F.R. § 2.332(d), the Board is to consider the NRC Staffs projected schedule for completion of its safety and environmental evaluations in developing the hearing schedule. Accordingly, the NRC Staff should be prepared to address its projected schedule for completion of such safety and environmental evaluations.
In accordance with 10 C.F.R. § 2.310(a), and in the absence of a request for a different hearing procedure, the Board has determined that the simplified hearing procedures of Subpart L of 10 C.F.R. Part 2 will apply to Contention I and any subsequently filed proposed contentions.
B. Mandatory Disclosures Initial disclosures by all parties4 and the NRC Staff prepared hearing file5 are due September 30, 2015. The parties may propose a different schedule and if they intend to propose a different schedule they may raise this issue during the conference call. The Board expects to require monthly updates on the first business day of every month beginning November 2, 2015. If the parties wish to waive privilege logs or otherwise modify the disclosure contents or schedule, they should consult with one another and submit a motion to the Board.
4 10 C.F.R. § 2.336(a).
5 10 C.F.R. § 2.336(b).
C. New or Amended Contentions The Board envisions consolidated briefing for any motions pursuant to 10 C.F.R.
§ 2.309(f)(2) or 2.309(c). The motion should cover the elements of both (a) 10 C.F.R.
§ 2.309(c) or 2.309(f)(2), and (b) the elements of 10 C.F.R. § 2.309(f)(1). Within 25 days of service of the motion, Entergy and the NRC Staff may file answers, responding to both the motion and the substance of the proposed contention. Within 7 days of service of the last answer to be served, Vermont may file a reply to the answers.
The deadline to file any new contention based on new information, including the completion of the NRC Staffs environmental review, shall be 30 days.
D. Schedule The Board proposes the following schedules. The schedule for the briefing of Contention V is pegged to the date the Board issues the Initial Scheduling Order (ISO). The dates for the hearing of Contention I are keyed to the date the NRC Staff issues the outcome of its environmental review (ER).
The parties and the NRC Staff shall confer with one another for the purpose of discussing the foregoing procedural matters and, where possible, developing agreement, joint positions, or proposals. It would be helpful if, for the purpose of the September 10, 2015 conference call, the parties and the NRC Staff agreed upon a lead spokesperson for areas where they are in agreement.
TABLE 1: Briefing Schedule for Contention V ISO Board issues Initial Scheduling Order ISO+25 All parties submit initial briefs on Contention V ISO+50 All parties submit rebuttal briefs on Contention V ISO+95 Board Decision (BD) on Contention V (if oral argument is not required)
BD Board Decision on Contention V
TABLE 2: Hearing Schedule for Contention I If no new or amended contentions are filed ER NRC Staff issues the results of its Environmental Review (ER)
ER+30 Deadline for summary disposition motions ER+70 Vermonts direct testimony, statements of position, and exhibits ER+115 Entergys and NRC Staffs rebuttal testimony, statements of position, and exhibits ER+160 Vermonts rebuttal testimony and exhibits ER+190 Evidentiary Hearing (Hrg)
Hrg+90 Initial Decision TABLE 3: Schedule for New or Amended Contentions ER NRC Staff issues the results of its Environmental Review (ER)
ER+30 Deadline for new or amended contentions based on the ER ER+55 Answers to new or amended contentions ER+62 Replies to answers to new or amended contentions Board Decision on admission of any new or amended contentions (if oral argument ER+107 is not required)
BD Board Decision on new or amended contentions BD+30 Deadline for summary disposition motions BD+70 Vermonts direct testimony, statements of position, and exhibits BD+115 Entergys and NRC Staffs rebuttal testimony, statements of position, and exhibits BD+160 Vermonts rebuttal testimony and exhibits BD+190 Evidentiary Hearing (Hrg)
Hrg+90 Initial Decision The Boards law clerk will provide the parties with the phone number and passcode for the conference call. Members of the public or media who wish to listen to the call may do so, and should contact Nicole Pepperl at (301) 415-6626 for the listen-in number.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland September 3, 2015
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 (Scheduling Conference Call and Establishing Hearing Procedures) 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 Beth Mizuno, Esq.
William J. Froehlich, Chairman Mitzi Young, Esq.
William.Froehlich@nrc.gov Anita Ghosh, Esq.
Jeremy Wachutka, Esq.
Dr. Michael F. Kennedy Daniel Straus, Esq.
Michael.Kennedy@nrc.gov Edward Williamson, Esq.
John Tibbetts, Paralegal Dr. Richard E. Wardwell beth.mizuno@nrc.gov Richard.Wardwell@nrc.gov mitzi.young@nrc.gov anita.ghosh@nrc.gov jeremy.wachutka@nrc.gov daniel.straus@nrc.gov edward.williamson@nrc.gov john.tibbetts@nrc.gov Nicole Pepperl, Law Clerk Vermont Department of Public Service Nicole.Pepperl@nrc.gov 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Aaron Kisicki, Esq.
Kyle Landis-Marinello, Esq.
aaron.kisicki@state.vt.us kyle.landis-marinello@vermont.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-7H4M Washington, DC 20555-0001 ocaamail@nrc.gov
DOCKET NO. 50-271-LA-3 ORDER (Scheduling Conference Call and Establishing Hearing Procedures)
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 Kuyler, Esq.
Ryan Lighty, Esq.
pbessette@morganlewis.com sburdick@morganlewis.com rkuyler@morganlewis.com rlighty@morganlewis.com
[Original signed by Brian Newell ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 3rd day of September, 2015 2