ML062560238

Letter from Sarah Hofmann to Administrative Judges Requesting Permission to Remain in the Hearing Room When the Proprietary Sessions Are Conducted

ML062560238
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	09/06/2006
From:	Hofmann S State of VT, Dept of Public Service
To:	Anthony Baratta, Karlin A, Rubenstein L Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 12229
Download: ML062560238 (8)

Text

PAS I'ýOzac 112 STATE STREET FAX: (802) 828-2342 DRAWER 20* TTY (VT): 1-800-734-8390 MONTPELIER VT 05620-2601 e-mail: vtdps@psd.state.vt.us TEL- (802) 828-2811 Internet: http:/lwww.state.vLus/psd DOCKETED STATE OF VERMONT USNRC DEPARTMENT OF PUBLIC SERVICE September 06, 2006 (11:18Sam)

OFFICE OF SECRETARY September 6, 2006 RULEMAKINGS AND ADJUDICATIONS STAFF Alex S. Karlin, Chairman Dr. Anthony J. Baratta Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555- 0001 Washington, DC 20555-000 1 Lester S. Rubenstein Administrative Judge Atomic Safety and Licensing Board Panel*

4760 East Country Villa Drive Tucson, AZ 85718 In the Matter of Entergy Nuclear Vermont Yankee, LLC, et aL.

(Vermont Yankee Nuclear Power Station)

Docket No. 50-271 -OLA (Extended Power Uprate)

Dear Administrative Judges:

Although the State of Vermont has been allowed to withdraw from this docket, the State is still interested in the proceedings and the evidentiary hearings on NEC Contention 3 commencing on September 13, 2006. 1 plan to observe the hearings on September 13'h and possibly on the 140. The State Nuclear Engineer, William Shermnan, plans to attend on September 15th if the hearings have not already been completed.

In your Order of August 24, 2006, you directed the Parties to provide a list of counsel and authorized representatives who plan to attend the hearings and to identify each of the attendees who has signed the nondisclosure agreement. Although Vermont is no longer a party, we request that we be allowed to remain in the hearing room when the proprietary sessions are conducted. Mr. Sherman and I have each previously signed the Confidentiality and Non-Disclosure Agreement, copies of which are attached.

Many thanks to you and to the Parties for considering this request.

-L fteiPA-TE7= SECf-Ve6q

September 6, 2006 Sincerely, Sarah Hofm~ann Director for Public Advocacy Vermont Department of Public Service

ATTACHMENT A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION th Mattr InofDocket No;50-271-OLA ENTERGY NUCLEAR VERMONT YANKEE L.L.C. ASLBP No. 04-832-02-OLA and ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT Under penalty of perjury, I hereby certify that: access to Proprietary Documents is Licensing provided to me pursuant to the terms and restrictions of the Atomic Safety and Board's (uBoard's") Protective Order, dated March 1,2005, in this proceeding; that I have been I

given a copy and have read said protective order, and that I agree to be bound by it.

understand and agree that Proprietary Documents, their contents, or any notes or other memoranda, or any form of information that copies or discloses the contents of the Proprietary Documents, shall be held in confidence and shall not be disclosed to anyone except in accordance with that protective order. I acknowledge that a violation of this agreement or the protective order, which incorporates the terms of this agreement, constitutes a violation of an order of the Nuclear Regulatory Commission. and may result in the imposition of such sanctions as the Board or the Commission may deem to be appropriate.

WHEREFORE, I do solemnly agree to protect such Proprietary Documents, and their contents, as may be disclosed to me in this NRC proceeding, in accordance with the terms o~f this agreement.

Name (printed): C; i(

Employed by or Repres tin : ý - ý i -. 'j Signature:

C2 4

ATTACHMENT A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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.

(Vermont Yankee Nuclear Power Station) J CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT Under penalty of perjury, I hereby certify that: access to Proprietary Documents is provided to me pursuant to the terms and restrictions of the Atomic Safety and Licensing Board's ("Board's") Protective Order, dated March.. 1,2005, in this proceeding; that I have been given a copy and have read said protective order; and that I agree to be bound by it. I understand and agree that Proprietary Documents, their contents, or any notes or other memoranda, or any form of information that copies or discloses the contents of the Proprietary Documents, shall be held in confidence and shall not be disclosed to anyone except in accordance with that protective order. I acknowledge that a violation of this agreement or the protective order, which incorporates the terms of this agreement, constitutes a violation of an order of the Nuclear Regulatory Commission and may result in the imposition of such sanctions as the Board or the Commission may deem to be appropriate.

Documents, and their.

WHEREFORE, I do solemnly agree to protect such Proprietary proceeding, in accordance with the terms of contents, as may be disclosed to me in this NRC this agreement.

Name (printed):

14o - r

4. T~'C A~o~..

Title:

T1jeC~r hi~c.* Sexyrce-C -er--Pr-b Employed by or Representing:

Signature:

Date:*9O

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of)

ENTERGY NUCLEAR VERMONT YANKEE) Docket No. 50-271-OLA LLC and ENTERGY NUCLEAR)

OPERATIONS, INC.) ASLBP No. 04-832-02-OLA (Vermont Yankee Uprate) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Vermont Department of Public Service letter of September 6, 2006 in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk and by e-mail as indicated by an asterisk (*), this 6th day of September, 2006.

Alex S. Karlin, Chair* Dr. Anthony J. Baratta*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Mail Stop T-3F723 U.S. Nuclear Regulatory Commission 'U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: ajb5@nrc.gov Lester S. Rubenstein* Office of the Secretary*

Administrative Judge ATTN: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: 0-16C1 1750 Avenida del Mund 'o,Apt. 1106 U.S. Nuclear Regulatory Commission Coronado, CA 92118 Washington, DC 20555-0001 E-mail: lesrrr@comcast.net E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Jonathan M. Rund, Esq.*

Adjudication Law Clerk Mail Stop: O-16C1 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 U.S.- Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: imr3(c~nrc.cio )

Marcia Carpentier, Esq.* Raymond Shadis*

Law Clerk. Staff Technical Advisor Atomic Safety and Licensing Board Panel New England Coalition Mail Stop: T-3F23 P.O. Box 98 U.S. Nuclear Regulatory Commission Edgecomb, ME 04556 Washington, DC 20555-0001 E-mail: shadis@prexar.com, shadis@ime.net (E-mail: MXC7(0nrc.goo Jay E. Silberg, Esq.

• John M. Fulton, Esq.

Matias Travieso-Diaz, Esq.** Assistant General Counsel Pillsbury Winthrop Shaw Pittman, LLP Entergy Nuclear Operations, Inc.

2300 N St., NW 440 Hamilton Avenue Washington, DC 20037-1128 White Plains, NY 10601 E-mail: jay.silberg@pillsburylaw.com, and matias.travieso-diaz@pillsburylaw.com Terence A. Burke* Sherwin Turk, Esq.*

Associate General Counsel Steven Hamrick, Esq.*

Entergy Services, Inc. Office of the General Counsel 1340 Echelon parkway Mail Stop 0-15 D 21 Jackson, MS 39213 U.S. Nuclear Regulatory Commission E-mail: tburke(cDenterciv.com Washington, DC 20555-0001 set(a)nrc.aov schi (o)nrc.gov Director to-rPublic Advocacy Vermont Department of Public Service