ML061720125

2006/06/14-Entergy's Answer to the Town of Marlboro'S Request for Hearing

ML061720125
Person / Time
Site:	Vermont Yankee
Issue date:	06/14/2006
From:	Doris Lewis Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-LR, ASLBP 06-849-03-LR, RAS 11807
Download: ML061720125 (4)

Text

June 14, 2006 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC June 14,2006 (2:40pm)Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY In the Matter of. )RULEMAKINGS AND e) ADJUDICATIONS STAFF Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271 -LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

)(Vermont Yankee Nuclear Power Station) )ENTERGY'S ANSWER TO THE TOWN OF MARLBORO'S REQUEST FOR HEARING I. INTRODUCTION Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.(hereinafter collectively referred to as "Entergy")

hereby answer the "Request for Hearing in Entergy Vermont Yankee License Extension Proceeding" dated April 27, 2006,' by the Town of Marlboro.

Entergy respectfully submits that the Town's hearing request should be denied, because the Town has not listed any contentions, as is required by 10 C.F.R. § 2.3 09(a) and (f), and by the notice of opportunity fori hearing in this proceeding (71 Fed. Reg. 15,220, 15,221 (Mar. 27, 2006)). The Town's hearing request should also be denied because the Town's only stated concern is with the size of the emergency planning zone, which is beyond the scope of this proceeding.

Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-05-24, 62 N.R.C. 551, 560-61 (2005); Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), CLI-04-36, 60 N.R.C. 631, 640 (2004); FloridaPower

&The Town's hearing request was postmarked May 15, 2006. For purposes of computing the date on which an answer is due, Entergy therefore treats the Town's hearing request as having been served by mail on May 15.T~,po-+/-eS4 CY- 03 7 scc y- 0a-,

Light Co. (Turkey.Point Nuclear Generating Plant, Units 3 and 4), CLI-01-17, 54 N.R.C. 3, 9, 10 (2001) (because emergency-planning issues are already the focus of ongoing regulatory processes, they do not fall within the NRC's safety review at the license renewal stage).Where, as here, a hearing request includes no admissible contention, it should be denied.10 C.F.R. § 2,209(a).Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.Washington, DC 20037-1128 Tel. (202) 663-8474 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.Dated: June 14, 2006 2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licenising Board In the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.(Vermont Yankee Nuclear Power Station))))))Docket No. 50-271-LR ASLBP No. 06-849-03-LR CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Answer to the Town of Marlboro's Request for Hearing".

dated June 14, 2006, were served on the persons listed below by deposit in the U.S.Mail, first class, postage prepaid, or with respect to Judge Elleman by overnight mail, and where indicated by an asterisk by electronic mail, this 1 4 th day of June, 2006.*Administrative Judge Alex S. Karlin, Esq., Chairman Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2@nrc.gov

• Administrative Judge Dr. Thomas S. Elleman Atomic Safety and Licensing Board 5207 Creedmoor Road, #101, Raleigh, NC 27612.tse@nrc.gov; elleman@eos.ncsu.edu Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

• Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 rew@nrc.gov

• Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocket@nrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 400407982vl

• Mitzi A. Young, Esq.*Steven C. Hamrick, Esq.Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 may@nrc.gov; schl @nrc.gov Mr. Dan McArthur Director, Emergency Management P.O. Box 30 Marlboro, VY 50344 Callie B. Newton, Chair Gail MacArthur Lucy Gratwick Town of Marlboro Selectboard P.O. Box 518 Marlboro, VT 05344 David R. Lewis 4 400407982vi