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

RAS 12104 UNITED STATES OF AMERICA DOCKETED 08/11/06 NUCLEAR REGULATORY COMMISSION SERVED 08/11/06 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. Thomas S. Elleman In the Matter of Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ASLBP No. 06-849-03-LR ENTERGY NUCLEAR OPERATIONS, INC.

August 11, 2006 (Vermont Yankee Nuclear Power Station)

ORDER (Striking Entergys Letter to the Board and Attached Materials)

Pursuant to 10 C.F.R. § 2.319(d), the Board strikes the July 28, 2006, letter from counsel 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 Coalitions (NECs) first and second contentions in this proceeding, which NEC filed on May 26, 2006, as part of its Petition for Leave to Intervene.1 Entergys 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 Entergys filing from the record. Tr. at

61. This order confirms that ruling.

1

[NEC] Petition for Leave to Intervene, Request for Hearing, and Contentions (May 26, 2006) at 10-17.

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 the caption 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 parte communications 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 BOARD2

/RA/

Alex S. Karlin ADMINISTRATIVE JUDGE Rockville, Maryland August 11, 2006 2

Copies of this order were sent this date by Internet e-mail transmission to counsel or a representative 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.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In 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 ORDER (STRIKING ENTERGYS LETTER TO THE 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 Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard E. Wardwell Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Mitzi A. Young, Esq. Ronald A. Shems, Esq.

Steven C. Hamrick, Esq. Karen Tyler, Esq.

Office of the General Counsel Shems Dunkiel Kassel & Saunders, PLLC Mail Stop - O-15 D21 91 College Street U.S. Nuclear Regulatory Commission Burlington, VT 05401 Washington, DC 20555-0001

2 Docket No. 50-271-LR LB ORDER (STRIKING ENTERGYS LETTER TO THE BOARD AND ATTACHED MATERIALS)

Sarah Hofmann, Esq. Anthony Z. Roisman, Esq.

Director for Public Advocacy National Legal Scholars Law Firm Department of Public Service 84 East Thetford Rd.

112 State Street - Drawer 20 Lyme, NH 03768 Montpelier, VT 05620-2601 Matthew Brock, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon, Curran, Spielberg, Office of the Massachusetts Attorney General & Eisenberg, L.L.P.

Environmental Protection Division 1726 M Street, NW, Suite 600 One Ashburton Place, Room 1813 Washington, DC 20036 Boston, MA 02108-1598 Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Town of Marlboro P.O. Box 30 SelectBoard Marlboro, VT 05344 P.O. Box 518 Marlboro, VT 05344 David 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 Commission Dated at Rockville, Maryland, this 11th day of August 2006