[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27857-27858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9524]


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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, L.L.C., and Entergy Nuclear Operations, Inc. 
(Vermont Yankee Nuclear Power Station); Notice of Hearing (Application 
for License Renewal)

 May 11, 2007.
    Before Administrative Judges: Alex S. Karlin, Chairman, Dr. Richard 
E. Wardwell, Dr. Thomas S. Elleman.

    This proceeding concerns the January 25, 2006, application of 
Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, 
Inc. (collectively, Entergy), to renew the operating license for the 
Vermont Yankee Nuclear Power Station in Windham County, Vermont 
(Operating License No. DPR-28). Entergy seeks to extend this license 
for an additional twenty years beyond the current expiration date of 
March 21, 2012. On March 27, 2006, the Commission published a notice of 
acceptance for docketing of the Entergy renewal application and a 
notice of opportunity to request a hearing on the application. 71 FR 
15,220 (Mar. 27, 2006). Requests for hearings and petitions to 
intervene were filed on or before May 26, 2006, by four entities: The 
Vermont Department of Public Service (DPS), the Attorney General of the 
Commonwealth of Massachusetts, the Town of Marlboro, Vermont, and the 
New England Coalition (NEC). On June 14, 2006, this Atomic Safety and 
Licensing Board was established to conduct this adjudication. 71 FR 
34,397 (June 14, 2006).
    On August 1 and 2, 2006, the Board heard oral argument from the 
petitioners, Entergy, and the NRC Staff in Brattleboro, Vermont, 
relating to the admissibility of the proposed contentions. The standing 
of the petitioners to intervene was uncontested. On September 22, 2006, 
the Board issued a Memorandum and Order admitting contentions submitted 
by DPS and NEC, thereby granting two of the requests for a hearing and 
admitting DPS and NEC as parties to the proceeding. LBP-06-20, 64 NRC 
131, 143 (2006). At the same time, the Board also granted these two 
organizations' requests to adopt one another's contentions under 10 CFR 
2.309(f)(3). On November 17, 2006, the Board granted the request by the 
State of New Hampshire to participate in this proceeding as an 
interested state under 10 CFR 2.315(c).
    In light of the foregoing, please take notice that an evidentiary 
hearing will be conducted in this proceeding. Subject to a Board 
determination regarding any request to employ formal hearing procedures 
under 10 CFR part 2, subpart G or expedited hearing procedures under 10 
CFR part 2, subpart N, see 10 CFR 2.310, the evidentiary hearing on all 
admitted contentions will be governed by the informal hearing 
procedures set forth in 10 CFR part 2, subpart L, 10 CFR 2.1200--
2.1213. During the course of the proceeding, the Board may also hear 
oral arguments as provided in 10 CFR 2.331, may hold various prehearing 
conferences pursuant to 10 CFR 2.329, and may conduct evidentiary 
hearings in accordance with 10 CFR 2.1206-2.1208. These may be held via 
teleconference, video-conference, and/or in person. The public may 
attend any oral argument, prehearing conference, or evidentiary 
hearing. Notices of these sessions will be published in the Federal 
Register and/or made available to the public at the NRC Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland, and through the NRC Web site, 
http://www.nrc.gov.
    Additionally, as provided in 10 CFR 2.315(a), any ``person who is 
not a party'' to the proceeding may submit a written limited appearance 
statement. Limited appearance statements do not constitute evidence, 
but they are placed in the docket for the hearing and provide members 
of the public with an opportunity to make the Board and/or the parties 
aware of their concerns about matters at issue in the proceeding. A 
written limited appearance statement can be submitted at any time and 
should be sent to the Office of the Secretary using one of the 
following methods: (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 
[email protected], with a copy to the Board Chairman (c/o Marcia 
Carpentier, [email protected]); 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).
    At a later date, the Board may, at its discretion, hear oral 
limited appearance statements at a location in the vicinity of the 
Vermont Yankee facility. Notice of any oral limited appearance sessions 
will be published in the Federal Register and/or made available to the 
public at the NRC PDR and on the NRC Web site, http://www.nrc.gov.
    The deadline for this Board's receipt of limited appearance 
statements (written or oral) will be the day preceding the commencement 
of the evidentiary hearing. The evidentiary hearing will occur after 
the NRC Staff issues its final environmental report and final safety 
evaluation report on this application. Thus, the evidentiary hearing 
has not yet been specifically scheduled, but will probably commence in 
early 2008.
    Documents relating to this proceeding are available for public 
inspection at the Commission's PDR or electronically from the publicly 
available records component of NRC's document system (ADAMS). ADAMS is 
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not 
have access to ADAMS, or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC PDR Reference staff 
by

[[Page 27858]]

telephone at 1-800-397-4209 or 301-415-4737, or by e-mail at 
[email protected].
    It is so ordered.

     Dated: May 11, 2007.

    For the Atomic Safety and Licensing Board.\1\
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    \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; (3) the Staff and (4) the State 
of New Hampshire.
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Alex S. Karlin,
Chairman, Administrative Judge, Rockville, Maryland.
 [FR Doc. E7-9524 Filed 5-16-07; 8:45 am]
BILLING CODE 7590-01-P