Atomic Safety and Licensing Board; In the Matter of Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), 41843 [E6-11675]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 71, Number 141 (Monday, July 24, 2006)]
[Notices]
[Page 41843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11675]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-271-LR; ASLBP No. 06-849-03-LR]


Atomic Safety and Licensing Board; In the Matter of Entergy 
Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. 
(Vermont Yankee Nuclear Power Station)

July 18, 2006.
Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Richard 
E. Wardwell, Dr. Thomas S. Elleman.

Order (Setting Oral Argument Schedule and Inviting Written Limited 
Appearance Statements)

    On June 20, 2006, the Board issued an order tentatively scheduling 
oral argument in this proceeding on Tuesday, August 1, 2006, and 
Wednesday, August 2, 2006. That order indicated that the time and 
location of the oral argument would be set forth in a subsequent order.
    The Board hereby orders and confirms that it will hear oral 
argument from representatives of the petitioners, the applicant, and 
the NRC Staff,\1\ commencing at 9 a.m. on Tuesday, August 1, 2006, in 
the multi-purpose room at Brattleboro Union High School, located at 131 
Fairground Road in Brattleboro, Vermont. As necessary, oral argument 
will continue and recommence at 9 a.m. on Wednesday, August 2, 2006. 
The Board plans to adjourn each day no later than 6 p.m.
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    \1\ The four petitioners are the Vermont Department of Public 
Service; the Massachusetts Attorney General; the New England 
Coalition (NEC); and the Town of Marlboro, Vermont. The applicant 
consists of two entities, Entergy Nuclear Vermont Yankee, L.L.C., 
and Entergy Nuclear Operations, Inc. The petitioners, applicant, and 
the NRC Staff are sometimes collectively referred to as the 
``participants.''
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    The oral argument will proceed as follows. First, we will hear a 
short opening statement, limited to ten minutes, from each participant. 
Second, the Board will hear argument on the individual contentions 
listed below.\2\ Except where otherwise specified, for each listed 
contention the petitioner will have a total of twenty minutes, the 
applicant will have fifteen minutes, and the NRC Staff will have ten 
minutes. Five minutes of a petitioner's time will be reserved for 
rebuttal unless, at the outset of argument on that contention, the 
petitioner chooses an alternative allocation (up to a maximum of ten 
minutes rebuttal). All time periods include the time for responding to 
questions from the Board. For those contentions not listed below, no 
oral argument is necessary in order for the Board to reach its 
decision.
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    \2\ The participants are encouraged to enter into stipulations 
that will serve to reduce or eliminate issues or contentions.
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    In formulating their arguments, participants should keep in mind 
that the Board will have read their pleadings and should focus solely 
on the critical points in controversy as those issues have emerged in 
the pleadings. The main purpose of the oral argument is to allow the 
Board to clarify its understanding of legal and factual points to 
assist it in deciding the issues presented by the pleadings. Oral 
arguments will be conducted in accordance with the following schedule:
    1. Call to order, introductory remarks.
    2. Opening statement by each participant.
    3. State of Massachusetts Contention 1. For this contention the 
petitioner will have a total of thirty minutes, the applicant will have 
twenty minutes, and the NRC Staff will have twenty minutes.
    4. State of Vermont Contention 2. For this contention the 
petitioner will have a total of twenty-five minutes, the applicant will 
have twenty minutes, and the NRC Staff will have ten minutes.
    5. State of Vermont Contention 1.
    6. State of Vermont Contention 3.
    7. NEC Contention 1.
    8. NEC Contention 2.
    9. NEC Contention 3.
    10. NEC Contention 4.
    11. NEC Contention 5.
    12. NEC Contention 6.\3\
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    \3\ The Board will not hear oral argument from any participant 
on the contention proffered by the Town of Marlboro. However the 
Town of Marlboro may want to use some of the ten minutes allocated 
for its opening statement to address the issue as to whether the 
town is an ``interested * * * local governmental body'' within the 
meaning of 10 CFR 2.315(c).
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    13. Adjourn.
    Given that the purpose of this proceeding is to evaluate the 
admissibility of the petitioners' contentions and the legal issues 
presented in the participants' pleadings, oral argument will only be 
heard from the participants. Members of the public are welcome to 
attend and observe this proceeding. As this is an adjudicatory 
proceeding, the Board intends to conduct an orderly hearing and signs, 
banners, posters, and displays are prohibited in accordance with NRC 
policy. See Procedures for Providing Security Support for NRC Public 
Meetings/Hearings, 66 FR 31,719 (June 12, 2001). All interested persons 
should arrive early and allow sufficient time to pass through security 
screening.
    Oral limited appearance statements in accord with 10 CFR 2.315(a) 
will not be heard on August 1 and 2, 2006. If contentions are admitted 
after the oral argument is complete, then oral limited appearance 
statements may be heard at a later date. In the interim, interested 
individuals may submit written limited appearance statements related to 
the issues in this proceeding. Such written statements may be submitted 
at any time and should be sent either by (1) mail to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff, with a copy to 
the Chairman of this Licensing Board at Mail Stop T-3F23, Atomic Safety 
and Licensing Board Panel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; (2) e-mail to the Office of the Secretary at 
hearingdocket@nrc.gov, with a copy to the Board Chairman (c/o Marcia 
Carpentier, mxc7@nrc.gov); or (3) fax to the Office of the Secretary at 
301-415-1101 (facsimile verification number: 301-415-1966), with a copy 
to the Board Chairman at 301-415-5599 (facsimile verification number: 
301-415-7550).
    It is so ordered.
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    \4\ Copies of this order were sent this date by Internet e-mail 
transmission to counsel or a representative for (1) applicant 
Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear 
Operations, Inc.; (2) petitioners Town of Marlboro, Vermont, the 
Massachusetts Attorney General, the Vermont Department of Public 
Service, and the New England Coalition; and (3) the NRC staff.

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    For the Atomic Safety and Licensing Board.\4\

    Dated: July 18, 2006 in Rockville, Maryland.
Alex S. Karlin,
Administrative Judge.
[FR Doc. E6-11675 Filed 7-21-06; 8:45 am]
BILLING CODE 7590-01-P