ML062230276

2006/08/11-LB Order (Striking Entergy'S Letter to the Board and Attached Materials)

ML062230276
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	08/11/2006
From:	Karlin A Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
06-849-03-LR, 50-271-LR, RAS 12104
Download: ML062230276 (4)

Text

1 [NEC] Petition for Leave to Intervene, Request for Hearing, and Contentions (May 26,2006) at 10-17.RAS 12104UNITED STATES OF AMERICADOCKETED 08/11/06NUCLEAR REGULATORY COMMISSIONSERVED 08/11/06ATOMIC SAFETY AND LICENSING BOARDBefore Administrative Judges:Alex S. Karlin, ChairmanDr. Richard E. WardwellDr. Thomas S. EllemanIn the Matter ofENTERGY NUCLEAR VERMONT YAN KEE,LLC, and ENTERGY NUCLEAR OPERATIONS, INC.(Vermont Yankee Nuclear Power Station)Docket No. 50-271-LRASLBP No. 06-849-03-LR August 11, 2006ORDER(Striking Entergy's Letter to the Board and Attached Materials)Pursuant to 10 C.F.R. § 2.319(d), the Board strikes the July 28, 2006, letter fromcounsel for Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc.

(collectively, Entergy), and the attached documents, from the record of this proceeding as irrelevant and immaterial. The letter described the contents of the two attached documents and alleged that these materials were relevant to the New England Coalition's (NEC's) first and second contentions in this proceeding, which NEC filed on May 26, 2006, as part of its Petition for Leave to Intervene.

1 Entergy's filing sought no action from the Board.Counsel for NEC filed a letter objecting to this submission on Saturday, July 29, 2006. At oral argument on August 1, 2006, the Board struck Entergy's filing from the record. Tr. at61. This order confirms that ruling. 2 Copies of this order were sent this date by Internet e-mail transmission to counsel or arepresentative for (1) applicants Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc.; (2) petitioners Town of Marlboro, Vermont, the Massachusetts Attorney General, the State of Vermont Department of Public Service, and the New England Coalition;and (3) the NRC staff.The Board also finds it appropriate to advise the parties, at the outset of this proceeding,that the record should not be cluttered with "for your information" letters, documents, general observations, and conclusions of counsel. Filings in this proceeding should be formal, with thecaption of the case and with attached documents or affidavits to support any factual statements or allegations. Communication with this Board via letter or e-mail is generally inappropriate, except for minor procedural questions or corrections. Further, parties are encouraged to limit their formal submissions to those that are required or allowed under our rules of practice or orders or that request some action or relief from the Board. Rules relating to ex partecommunications and separation of functions should be strictly observed. See 10 C.F.R.

§§ 2.347 and 2.348. As the filing is stricken, no additional responsive filings are necessary or appropriate.It is so ORDERED.FOR THE ATOMIC SAFETY AND LICENSING BOARD 2/RA/

Alex S. Karlin ADMINISTRATIVE JUDGERockville, Maryland August 11, 2006 UNITED STATES OF AMERICANUCLEAR 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 SERVICEI hereby certify that copies of the foregoing LB ORDER (STRIKING ENTERGY'S LETTER TOTHE BOARD AND ATTACHED MATERIALS) 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 20555-0001Administrative JudgeAlex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeRichard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeThomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Rd., #101 Raleigh, NC 27612Mitzi A. Young, Esq.Steven C. Hamrick, Esq.

Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Ronald A. Shems, Esq.Karen Tyler, Esq.

Shems Dunkiel Kassel & Saunders, PLLC 91 College Street Burlington, VT 05401 2Docket No. 50-271-LRLB ORDER (STRIKING ENTERGY'S LETTER TO THE BOARD AND ATTACHED MATERIALS) Sarah Hofmann, Esq.Director for Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601Anthony Z. Roisman, Esq.National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768Matthew Brock, Esq.Assistant Attorney General Office of the Massachusetts Attorney General Environmental Protection Division One Ashburton Place, Room 1813 Boston, MA 02108-1598Diane Curran, Esq.Harmon, Curran, Spielberg,

& Eisenberg, L.L.P.

1726 M Street, NW, Suite 600 Washington, DC 20036Callie B. Newton, ChairGail MacArthur Lucy Gratwick Town of Marlboro SelectBoard

P.O. Box 518 Marlboro, VT 05344Dan MacArthur, DirectorTown of Marlboro Emergency Management

P.O. Box 30 Marlboro, VT 05344David R. Lewis, Esq.Matias F. Travieso-Diaz, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the CommissionDated at Rockville, Maryl and,this 11 th day of August 2006