ML050350241
| ML050350241 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/26/2005 |
| From: | Block J New England Coalition |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 9252 | |
| Download: ML050350241 (5) | |
Text
January 26, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensing Board January 26, 2005 (9:57am)
OFFICE OF SECRETARY In the Matter of RULEMAKINGS AND Docket No. 50-271 ADJUDICATIONS STAFF ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
(Operating License Amendment)
(Vermont Yankee Nuclear Power Station)
NEW ENGLAND COALITION'SMOTION TO RECOGNIZE NEW ENGLAND COALITION'S INCORPORATION BY REFERENCE OF THE VERMONT DEPARTMENT OF PUBLIC SERVICE [DPSl CONTENTIONS AND ITS RIGHT TO RECEIVE DISCOVERY DISCLOSURE FROM ENTERGY ON THE DPS CONTENTIONS New England Coalition files this motion requesting the Atomic Safety and Licensing Board to exercise is discretion to recognize New England Coalition's incorporation by reference of the DPS contentions within New England Coalition's contentions in this matter and direct Entergy to provide Newv England Coalition with discovery disclosure materials provided DPS pursuant to 10 CRR §2.336.
ARGUMENT ON THE FACTS AND LAW As the Board is aware from the discussions during the status teleconference conducted on January 21, 2005, Entergy has declined to provide all parties with its 10 CFR §2.336 discovery disclosure materials, stating that it only has to provide the materials relevant to a particular party's contentions to that party.
New England Coalition raised the issue of receiving the disclosure materials on the DPS contentions during the status conference. At that time, the Board Chair stated that he recalled New England Coalition as having moved earlier in the proceedings to permit it to incorporate by reference the DPS contentions within New England Coalition's contentions. To the extent that such incorporation by reference was not duly noted and specifically recognized by the
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Board at the time recalled by the Board chair, New England Coalition hereby specifically requests such incorporation by reference.
New England Coalition contends that this action is within the Board's discretion, pursuant to 10 CFR § 2.319, to manage and control the proceedings.
CONCLUSION Wherefore, the Board should grant New England Coalition's motion by recognizing that New England Coalition has incorporated by reference the DPS contentions filed in this case and is, therefore, entitled to receive Entergy's 10 CFR §2.336 disclosure materials on the DPS contentions, and directing Entergy to provide said material forthwith.
Respectfully submitted:
Q Jonathan M. Block Counsel for New England Coalition 94 Main Street P.O. Box 566 Putney, VT 05346-0566 802-387-2646 jonb(ai)sover.ner cc:
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safet' and Licensing Board In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
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Docket No. 50-271 ASLBP No. 04-832-02-OLA (Operating License Amendment)
CERTIFICATE OF SERVICE 1 hereby certify that copies of New England Coalition's "Motion To Recognize New England Coalition's Incorporation by Reference of the Vermont Department of Public Service
[DPS] Contentions and its Right to Receive Discovery Disclosure from Entergy on the DPS Contentions" were served on the persons listed below as noted with an asterisk by electronic mail on this 26th day of January, 2005 and wvill be deposited in the U.S. Mail, first class, postage prepaid within the time permitted by NRC regulation for supplying paper copies of electronic filings.
- Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2(odnrc.gov
- Administrative Judge Dr. Anthony J. Baratta Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ajl)5 (nrc.gov
- Adrinistrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson AZ 85718 Iesrrr(iicomcast.net Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 3
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy(2ianrc.gov, hearingdocket(Thnrc.gov
- Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Sarah.Hofhiann(astate.vt.us
- Anthony Z. Roisman National Legal Scholars Lawv Firm 84 East Thetford Rd.
Lyme, NH 03768 aroisman ad-alley.net Office of Commission Appellate Adjudication Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission Wrashington, D.C. 20555-0001
- Brooke Poole, Esq.
- Robert Weisman, Esq.
- MIarisa Higgins, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdp( nrc.gov, rrnw(fi)nrc.gov, mch5(inrc.gov
- Jay E. Silberg, Esq., Mvatias Travieso-Diaz, Esq.,* Douglas Rosinski, Esq.*
Shaw Pittman, LLP 2300 N St., NW
\\X'ashington, DC 20037-1128 Iay.Silberg(wslhawvpittman.com Mlarias.Travieso-Diaz(?.shavwpittman.com Douglas.Rosinski(Rslia-wpittman.com
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadclis(prexar.com offnathan MI. Block
/Counsel for New England Coalition 94 Main Street P.O. Box 566 Putney, VT 05346-0566 802-387-2646 A
- JONATHAN M. BLOCK ATTORNEY AT LAW 94 MAin Strcet P.O. Box 566 Putney, T. 05346-0566 802-387-2646 (yox)
-2667 (fax) jonb(asover.nct January 26, 2005 Secretary United States Nuclear Regulatory Commission Washington, DC 20555-0001 ATT: Rulemakings and Adjudications Staff RE:
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 October20, 2004
Dear Rulemakings and Adjudications Staff:
Enclosed for filing electronically please find New England Coalition's "'Iotion To Recognize New England Coalition's Incorporation by Reference of the Vermont Department of Public Service [PS] Contentions and its Right to Receive Discovery Disclosure from Entergy on the DPS Contentions." The original and two copies will be mailed to your office within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />.
Thank you for your cooperation in this matter.
Sincerely, Jonathan AN. Block Attorney for Newv England Coalition cc:
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