[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