ML050330135
| ML050330135 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 02/01/2005 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 9242 | |
| Download: ML050330135 (4) | |
Text
1 Entergys Unopposed Motion to Stay Discovery on Department of Public Service Contention 6 (Jan. 28, 2005) (Entergy Stay Motion).
2 In its motion to suspend discovery, Entergy stated that it expects to file the motion to dismiss State Contention 6 as moot or in the alternative, for summary disposition, next week.
Entergy Stay Motion at 1.
RAS 9242 UNITED STATES OF AMERICA..... DOCKETED 02/01/05 NUCLEAR REGULATORY COMMISSION SERVED 02/02/05 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Anthony J. Baratta Lester S. Rubenstein In the Matter of ENTERGY NUCLEAR VERMONT YANKEE L.L.C.
and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
Docket No. 50-271-OLA ASLBP No. 04-832-02-OLA February 1, 2005 ORDER (Granting Entergys Unopposed Motion to Stay Discovery on State Contention 6)
Before the Licensing Board is the January 28, 2005 motion of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, Entergy) to stay discovery related to Contention 6 of the Department of Public Service of the State of Vermont (State).1 Entergy proposes that the stay remain in effect until the Board rules upon Entergys forthcoming motion to dismiss the contention as moot, or in the alternative, for summary disposition.2 Entergy certifies that neither the State, nor the NRC staff, oppose this stay request.
Upon consideration of the request, and in light of the fact that the parties are in agreement, the Board grants Entergys motion to stay discovery on State Contention 6. In that connection, Entergy has until February 15, 2005 to file its motion to dismiss State Contention 6, 3 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; and (3) the Staff.
or in the alternative, for summary disposition. If such a motion is timely-filed, discovery will remain suspended until the Board makes its determination related to Entergys dispositive motion. Should Entergy not move for dismissal of State Contention 6 within the allotted time frame, this stay will be immediately lifted.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD3
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland February 1, 2005
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR VERMONT YANKEE L.L.C. )
Docket No. 50-271-OLA and ENTERGY NUCLEAR OPERATIONS, INC.
)
)
Vermont Yankee Nuclear Power Station)
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(Operating License Amendment)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING ENTERGYS UNOPPOSED MOTION TO STAY DISCOVERY ON STATE CONTENTION 6) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson, AZ 85718 Brooke D. Poole, Esq.
Robert M. Weisman, Esq.
Marisa C. Higgins, Esq.
Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Raymond Shadis New England Coalition P.O. Box 98 Edgecomb, ME 04556
2 Docket No. 50-271-OLA LB ORDER (GRANTING ENTERGYS UNOPPOSED MOTION TO STAY DISCOVERY ON STATE CONTENTION 6)
John M. Fulton, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Sarah Hofmann, Esq.
Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 Jay E. Silberg, Esq.
Matias F. Travieso-Diaz, Esq.
Douglas J. Rosinski, Esq.
Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 Jonathan M. Block, Esq.
94 Main Street P.O. Box 566 Putney, VT 05346-0566
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 2nd day of February 2005