ML051320348

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LB Order (Striking New England Coalition'S Letter to the Board)
ML051320348
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 05/12/2005
From: Karlin A
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 9960
Download: ML051320348 (4)


Text

RAS 9960 UNITED STATES OF AMERICA DOCKETED 05/12/05 NUCLEAR REGULATORY COMMISSION SERVED 05/12/05 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of Docket No. 50-271-OLA ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ASLBP No. 04-832-02-OLA and ENTERGY NUCLEAR OPERATIONS, INC. May 12, 2005 (Vermont Yankee Nuclear Power Station)

ORDER (Striking New England Coalitions Letter to the Board)

Pursuant to 10 C.F.R. § 2.319(d) the Board strikes the May 11, 2005 letter from counsel for the New England Coalition (NEC), and attached newspaper clipping, from the record of this proceeding as irrelevant, immaterial, and unreliable. The letter recited that NEC counsel attended a meeting with the NRC Staff and Entergy, alleged that various statements were made by the NRC Staff, and volunteered NECs observations about these developments. In addition, NEC sent us a clipping from the Times Argus. NECs filing sought no action from the Board.

Rather than simply ignoring this submission as irrelevant, the Board finds it appropriate to advise the parties, at the outset, that this record should not be cluttered with such casual for your information letters, hearsay, and general observations and conclusions of counsel.

Filings in this proceeding should be formal, with the caption of the case, signature of counsel,

and with affidavits to support any factual statements or allegations. Substantive communication with this Board via letter or e-mail is generally inappropriate, except for minor procedural questions or corrections. Further, even if formal, the parties are encouraged to limit their submissions to those that are required or allowed under our rules of practice or that request some action or relief from the Board.

As the filing is stricken, no responsive filings are necessary or appropriate.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD1

/RA/

Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland May 12, 2005 1

Copies of this order were sent this date by Internet e-mail transmission to counsel for (1) licensees Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc.; (2) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; and (3) the Staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ) Docket No. 50-271-OLA and ENTERGY NUCLEAR OPERATIONS, INC. )

)

Vermont Yankee Nuclear Power Station) )

)

(Operating License Amendment) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (STRIKING NEW ENGLAND COALITIONS LETTER TO THE BOARD) 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 Anthony J. Baratta Lester S. Rubenstein Atomic Safety and Licensing Board Panel 4270 E Country Villa Drive Mail Stop - T-3 F23 Tucson, AZ 85718 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Brooke D. Poole, Esq. Raymond Shadis Robert M. Weisman, Esq. New England Coalition Nathan R. Wildermann, Esq. P.O. Box 98 Office of the General Counsel Edgecomb, ME 04556 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

2 Docket No. 50-271-OLA LB ORDER (STRIKING NEW ENGLAND COALITIONS LETTER TO THE BOARD)

John M. Fulton, Esq. Sarah Hofmann, Esq.

Assistant General Counsel Special Counsel Entergy Nuclear Operations, Inc. Department of Public Service 440 Hamilton Avenue 112 State Street - Drawer 20 White Plains, NY 10601 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq. Jay E. Silberg, Esq.

National Legal Scholars Law Firm Matias F. Travieso-Diaz, Esq.

84 East Thetford Rd. Douglas J. Rosinski, Esq.

Lyme, NH 03768 Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Jonathan M. Block, Esq. Jonathan M. Rund, Esq.

94 Main Street Law Clerk P.O. Box 566 Atomic Safety and Licensing Board Panel Putney, VT 05346-0566 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

[Original signed by Adria T. Byrdsong]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 12th day of May 2005