ML082180138

2008/08/05-LB Memorandum and Order (Regarding Corrections to the Transcript and Proposed Findings of Fact and Conclusions of Law)

ML082180138
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	08/05/2008
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-156
Download: ML082180138 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 08/05/08 ATOMIC SAFETY AND LICENSING BOARD SERVED 08/05/08 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 August 5, 2008

MEMORANDUM AND ORDER (Regarding Corrections to the Transcript and Proposed Findings of Fact and Conclusions of Law)

The purpose of this memorandum and order is to clarify certain matters with regard to the submission of corrections to the transcript and proposed findings of fact and conclusions of law herein. During the evidentiary hearing in this proceeding, the Board established deadlines for certain post hearing filings. The Board established August 13, 2008, as the date for submission of proposed corrections to the transcript. Tr. at 1731. The Board established August 25, 2008, as the deadline for submission of proposed findings of fact and conclusions of law. Tr. at 1727.

See also 10 C.F.R. § 2.1209. While these dates are not being changed, the Board would like to clarify two matters. With regard to the transcript, the Board has identified those places in the evidentiary hearing transcript in which the prefiled written testimony should have been, but was not, bound. The Board is working with the court reporting company to ensure that this prefiled written testimony is properly bound into the transcript and we will notify the parties once these generic errata have been corrected.

1 The parties need not include the insertion of the prefiled written testimony in their lists of proposed transcript corrections. With regard to the submission of proposed findings of fact and conclusions of law, we recognize that, pending corrections to the transcript, the final and corrected version of the transcript may not be available by August 25, 2008. Accordingly, the proposed findings of fact and conclusions of law submitted on August 25, 2008, may cite to the uncorrected version of the transcripts.

2 Once transcript corrections are approved by the Board, the parties should file a short "transcript corrections supplement" to their proposed findings of fact and conclusions of law, substituting the citation to the new/corrected transcript pages in lieu of the initial citation to the uncorrected transcript pages. The transcript corrections supplement may only correct prior citations. It may not add citations where none were initially provided, nor modify any other part of the proposed findings of fact and conclusions of law. The transcript corrections supplement 1 The addition of the prefiled written testimony should not significantly change the pagination of the transcript because the inserted material will not be paginated with separate transcript pages. The proper form of citation to pre-filed testimony that is incorporated into the transcript is, for example, as follows: Pre-Filed Direct Testimony of Ulrich Witte Regarding NEC's Contention 4 [Witte Direct Testimony] Post Tr. 1435, at 13 (for testimony that appears at page

13 of the text of the prefiled written testimony being inserted into the transcript).

Citations to specific pages of the transcript are highly recommended. Tr. at 1739.

should be minimal and shall be filed within 10 days of the Board's approval of the corrected transcript. It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 3

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland August 5, 2008

3 Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) licensees Entergy; (2) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; (3) the Staff; (4) the State of New Hampshire; and (5) the Commonwealth of Massachusetts.

/RA/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONIn 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 MEMORANDUM AND ORDER (REGARDING CORRECTIONS TO THE TRANSCRIPT AND PROPOSED FINDINGS OF FACT AND

CONCLUSIONS OF LAW) have been served upon the following persons by U.S. mail, first

class, or through NRC internal distribution.

Office of Commission Appellate Adjudication

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Alex S. Karlin, Chair

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge Richard E. Wardwell

Atomic Safety and Licensing Board Panel

Mail Stop - T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 Administrative Judge William H. Reed

Atomic Safety and Licensing Board Panel

1819 Edgewood Lane

Charlottesville, VA 22902 Lloyd B. Subin, Esq.

David E. Roth, Esq.

Mary C. Baty, Esq.

Susan L. Uttal, Esq.

Jessica A. Bielecki, 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 2 Docket No. 50-271-LR LB MEMORANDUM AND ORDER (REGARDING CORRECTIONS TO

THE TRANSCRIPT AND PROPOSED FINDINGS OF FACT AND

CONCLUSIONS OF LAW)

Matthew Brock Assistant Attorney General

Environmental Protection Division

Office of the Attorney General

One Ashburton Place, 18 th Floor Boston, MA 02108 Diane Curran, Esq.

Harmon, Curran, Spielberg,

& Eisenberg, L.L.P.

1726 M Street, NW, Suite 600

Washington, DC 20036 Callie B. Newton, Chair Gail MacArthur

Lucy Gratwick

Town of Marlboro

SelectBoard

P.O. Box 518

Marlboro, VT 05344 Dan MacArthur, Director Town of Marlboro

Emergency Management

P.O. Box 30

Marlboro, VT 05344 David R. Lewis, Esq.

Matias F. Travieso-Diaz, Esq.

Elina Teplinsky, Esq.

Blake J. Nelson, Esq.

Pillsbury Winthrop Shaw Pittman LLP

2300 N Street, NW

Washington, DC 20037-1128 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 Robert L. Stewart New England Coalition

229 Kibbee Ext.

Brookfield, Vermont 05036 Alan A. Pemberton, Esq.

Derron J. Blakely, Esq.

Covington & Burling LLP

Counsel for Electric Power Research Institute (EPRI) 1201 Pennsylvania Avenue, N.W.

Washington, DC 20004-2401 Anthony Z. Roisman, Esq.

National Legal Scholars Law Firm

84 East Thetford Rd.

Lyme, NH 03768 Docket No. 50-271-LR LB MEMORANDUM AND ORDER (REGARDING CORRECTIONS TO

THE TRANSCRIPT AND PROPOSED FINDINGS OF FACT AND

CONCLUSIONS OF LAW) 3 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 5 TH day of August 2008