E-mail from Diane Curran to Administrative Judges Requesting an Opportunity to Make an Oral Motion 05/14/04| ML041810036 |
| Person / Time |
|---|
| Site: |
Catawba  |
|---|
| Issue date: |
05/13/2004 |
|---|
| From: |
Curran D
Blue Ridge Environmental Defense League, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP |
|---|
| To: |
Anthony Baratta, Elleman T, Austin Young
Atomic Safety and Licensing Board Panel |
|---|
| Byrdsong A T |
| References |
|---|
| 50-413-OLA, 50-414-OLA, ASLBP 03-815-03-OLA, RAS 7764 |
| Download: ML041810036 (3) |
|
|
|---|
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Category:Legal-Correspondence/Maintenance
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[Table view] |
Text
DOCKETED USNRC May 13, 2004 (12:13PM)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Docket Nos. 50-413/414-OLA RAS 7764 From: Diane Curran <dcurran@harmoncurran.com>
To: Office of Secretary <hearingdocket@nrc.gov>, "Susan L. Uttal"
<slu@nrc.gov>, "David A. Repka" <drepka@winston.com>, Mary Olson <nirs@main.nc.us>,
Janet and Lou Zeller <BREDL@skybest.com>, Ann Marshall Young <AMY@nrc.gov>, "Lisa F.
Vaughn" <lfVaughn@duke-energy.com>, Antonio Fernandez <AXF2@nrc.gov>, NRC Office of Appellate Adjudication <hrb@nrc.gov>, "Anthony J. Baratta" <AJB5@nrc.gov>, "Thomas S.
Elleman" <elleman@eos.ncsu.edu>, "Anne W. Cottingham" <acotting@winston.com>,
"Margaret J. Bupp" <mjb5@nrc.gov>
Date: Thu, May 13, 2004 9:06 AM
Subject:
Request for time on 5/14/04 to make oral motion
Dear Judges Young,
Elleman, and Baratta, I am writing to request an opportunity to make an oral motion for a change in the schedule for litigation of Contentions I and II, at tomorrows meeting. The reason for the motion is that Dr. Lymans father is still in critical condition, and during the past week Dr.
Lyman has had to spend most of his time at the hospital with his family. Because of this, BREDL will not be able to meet todays deadline for filing discovery responses, nor will Dr. Lyman be prepared for his deposition on Tuesday May 18. These delays will also make it impossible to meet the deadline for filing testimony on May 25.
Dr. Lyman remains uncertain as to when he will be able to return to Washington and resume his work on this case, but he hopes to be back at work by the end of May or early June.
I have consulted with counsel for both Duke and the NRC Staff regarding this situation. Although I have not yet heard back from the NRC Staff, counsel for Duke and I have agreed on the following general principles regarding a schedule adjustment:
- 1. Complete discovery and file testimony as soon as possible, hopefully during the month of June;
- 2. Undertake settlement negotiations regarding Contention II, which both BREDL and Duke have agreed is capable of informal resolution (BREDL to make a written proposal to Duke when Dr. Lyman returns to Washington);
- 3. Hold a one or two day hearing in July or August. If Contention II is settled, one day should suffice.
I respectfully request an opportunity to present this request in the form of an oral motion at tomorrows meeting.
Thank you for your consideration.
Sincerely, Diane Curran CC: Ed Lyman <elyman@ucsusa.org>, Janet and Lou Zeller
<BREDL@skybest.com>
Mail Envelope Properties (40A372D1.CF2 : 2 : 48370)
Subject:
Request for time on 5/14/04 to make oral motion Creation Date: Thu, May 13, 2004 9:08 AM From: Diane Curran <dcurran@harmoncurran.com>
Created By: dcurran@harmoncurran.com Recipients nrc.gov owf5_po.OWFN_DO MJB5 (Margaret Bupp)
AXF2 (Antonio Fernandez)
SLU (Susan Uttal)
HearingDocket (Office of HearingDocket) nrc.gov twf2_po.TWFN_DO AJB5 (Anthony Baratta)
AMY (Ann Young) nrc.gov twf3_po.TWFN_DO
HRB (Helen Byrd) skybest.com BREDL CC (Janet and Lou Zeller) ucsusa.org elyman CC (Ed Lyman) winston.com acotting (Anne W. Cottingham) drepka (David A. Repka) eos.ncsu.edu elleman (Thomas S. Elleman) duke-energy.com lfVaughn (Lisa F. Vaughn) main.nc.us nirs (Mary Olson)
Post Office Route owf5_po.OWFN_DO nrc.gov twf2_po.TWFN_DO nrc.gov twf3_po.TWFN_DO nrc.gov skybest.com ucsusa.org winston.com eos.ncsu.edu duke-energy.com main.nc.us Files Size Date & Time MESSAGE 1678 Thursday, May 13, 2004 9:08 AM Mime.822 3255 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed
Subject:
No Security: Standard