[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Notices]
[Pages 40341-40342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3604]
[[Page 40341]]
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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board
[Docket No. 50-271-LR; ASLBP No. 06-849-03-LR]
In the Matter of Entergy Nuclear Vermont Yankee, L.L.C., and
Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station)
Notice of Opportunity to Make Oral or Written Limited Appearance
Statements Concerning Proposed License Renewal
July 18, 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. This Atomic Safety and Licensing Board hereby gives
notice that, pursuant to 10 CFR 2.315(a), the Board will entertain oral
limited appearance statements from members of the public regarding the
requested license renewal. The limited appearance statement sessions
will be held on October 11, 2007, in Brattleboro, Vermont.
I. Background and Scope of Proceeding
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). Timely requests for hearings and petitions to intervene were
filed 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 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). The only admitted DPS
contention has now been settled, but since DPS adopted NEC's admitted
contentions, it remains a party to the proceeding.\1\
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\1\ Licensing Board Order (Approving Settlement of DPS
Contention 1) (May 31, 2007) (unpublished).
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At the present time NEC's three admitted contentions define the
scope of this license renewal proceeding and therefore the scope of any
limited appearance statements. The contentions are as follows:
NEC Contention 2: Entergy's License Renewal Application does not
include an adequate plan to monitor and manage the effects of aging
[due to metal fatigue] on key reactor components that are subject to
an aging management review, pursuant to 10 CFR 54.21(a) and an
evaluation of time limited aging analysis, pursuant to 10 CFR
54.21(c).
NEC Contention 3: Entergy's License Renewal Application does not
include an adequate plan to monitor and manage aging of the steam
dryer during the period of extended operation.
NEC Contention 4: Entergy's License Renewal Application does not
include an adequate plan to monitor and manage aging of plant piping
due to flow-accelerated corrosion during the period of extended
operation.\2\
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\2\ These contentions are specified at LBP-06-20, 64 NRC 131,
183, 187, 192 (2006).
If additional contentions are subsequently admitted, or if any of
the currently admitted contentions are later settled or dismissed, then
the scope of this proceeding, and of any limited appearance statements,
will follow the scope of the admitted contentions.
II. Notice of Limited Appearance Statement Sessions
A. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
The oral limited appearance sessions will be on the following
dates, at the specified location and times:
Date: Thursday, October 11, 2007.
Time: 1 p.m. to 4 p.m. and 6:30 p.m. to 10:30 p.m.
Location: Latchis Theatre, 50 Main Street, Brattleboro, Vermont.
B. Participation Guidelines for Oral Limited Appearance Statements
Any person who is not a party will be permitted to make an oral
statement setting forth his or her position on matters of concern
related to this proceeding.\3\ Speakers should be aware that the
jurisdiction of this Board and the scope of this proceeding is limited
to the license renewal. Limited appearance statements will be
transcribed but are not under oath or affirmation and do not constitute
testimony or evidence. The purpose of limited appearance statements is
to allow members of the public to alert the Board and the parties to
areas relating to the license renewal and the admitted contentions in
which evidence may need to be adduced, and to assist the Board in its
consideration of these issues.\4\
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\3\ The parties to this proceeding are Entergy Nuclear Vermont
Yankee, L.L.C. and Entergy Nuclear Operations, Inc., the NRC Staff,
the Department of Public Service of the State of Vermont, and the
New England Coalition. The State of New Hampshire is participating
in the proceeding as an interested state.
\4\ See 10 CFR 2.315(a); Iowa Electric Light & Power Co. (Duane
Arnold Energy Center), ALAB-108, 6 AEC 195, 196 n.4 (1973); 10 CFR
Part 2, Appendix A, Sec. III(b) (2004), deleted Final Rule, Changes
to Adjudicatory Process, 69 FR 2182, 2274 (Jan. 14, 2004).
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Oral limited appearance statements will be entertained during the
hours specified above, or such lesser time as may be necessary to
accommodate the speakers who are present. If all scheduled and
unscheduled speakers present at a session have made a presentation, the
Board reserves the right to terminate the session before the ending
times listed above.
In order to allow all interested persons an opportunity to address
the Board, the time allotted for each oral limited appearance statement
will be no more than five minutes, and may be further limited depending
on the number of written requests to make an oral statement that are
submitted in accordance with section C below and/or the number of
persons present at the designated times. At the outset of each
statement, the speaker should identify himself or herself.
Members of the public who plan to attend the limited appearance
sessions are advised that security measures may be employed at the
entrance to the facility, including searches of hand-carried items such
as briefcases or backpacks. Signs no larger than 18'' by 18'' will be
permitted during the limited appearance sessions, but may not be
attached to sticks, held up, or moved about in the room. Cf. Policy
Statement on Enhancing Public Participation in
[[Page 40342]]
NRC Meetings, 67 Fed. Reg. 36,920, 36,923 (May 28, 2002).
C. Submitting a Request to Make an Oral Limited Appearance Statement
Persons wishing to make an oral statement who have submitted a
timely written request to do so will be given priority over those who
have not filed such a request. To be considered timely, a written
request to make an oral statement must either be mailed, faxed, or sent
by e-mail so as to be received by 5 p.m. Eastern Daylight Time on
Friday, October 5, 2007. The request should specify the session
(afternoon or evening) during which the requester wishes to make an
oral statement. Based on its review of the requests received by October
5, 2007, the Licensing Board reserves the right to cancel or shorten
either of the sessions due to a lack of public interest.
Written requests to make an oral statement should be submitted to:
Mail: Office of the Secretary, Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
E-mail: [email protected].
In addition, using the same method of service, a copy of the
written request to make an oral statement should be sent to the
Chairman of this Licensing Board as follows:
Mail: Alex S. Karlin, Chairman, c/o: Marcia Carpentier, Esq., Law
Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 E2C, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599 (verification (301) 415-7405).
E-mail: [email protected] and [email protected].
D. Written Limited Appearance Statements (In Lieu of Oral Statements)
A written limited appearance statement may be submitted to the
Board regarding this proceeding at any time. The Board encourages early
submissions, however, so that Board members will be able to consider
them while addressing the issues in this proceeding. Such statements
should be sent to the Office of the Secretary using the methods
prescribed above, with a copy to the Licensing Board Chairman. A person
who has already filed a written limited appearance statement in this
matter is not required to resubmit it, but should notify the Board, as
specified above, if he or she wishes to make an oral statement during
the October sessions.
III. Availability of Documentary Information Regarding the Proceeding
Documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room (PDR) or
electronically from the publicly available records component of NRC's
Agencywide Documents Access and Management 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 telephone at (800) 397-4209, (301) 415-4737, or by e-mail to
[email protected].
IV. Scheduling Information Updates
Any updated/revised scheduling information regarding the limited
appearance sessions can be found on the NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm or by calling
(800) 368-5642, extension 5036, or (301) 415-5036.
It is so ordered.
For the Atomic Safety and Licensing Board.\5\
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\5\ 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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Dated: July 18, 2007.
Alex S. Karlin,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. 07-3604 Filed 7-23-07; 8:45 am]
BILLING CODE 7590-01-P