ML050350252
| ML050350252 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/28/2005 |
| From: | Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, ShawPittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| %dam200606, 50-271-OLA, ASLBP 04-832-02-OLA, RAS 9254 | |
| Download: ML050350252 (5) | |
Text
RA S qua5 (
January 28, 2005 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION January 28, 2005 (3:40pm)
OFFICE OF SECRETARY Before the Atomic Safety and Licensing Board RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of
)
)
Docket No. 50-271 ENTERGY NUCLEAR VERMONT
)
YANKEE, LLC and ENTERGY
)
ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
)
(Operating License Amendment)
(Vermont Yankee Nuclear Power Station)
)
)
ENTERGY'S UNOPPOSED MOTION TO STAY DISCOVERY ON DEPARTMENT OF PUBLIC SERVICE CONTENTION 6 Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(collectively "Entergy") file this unopposed motion pursuant to 10 C.F.R. §2.323 requesting that the Atomic Safety and Licensing Board ("Board") stay discovery obligations regarding the De-partment of Public Service ("DPS") contention admitted by the Board's Memorandum and Order (Admitting Intervenor's New Contention)' on January Il, 2005 ("DPS Contention 6"). Entergy requests that the requested discovery suspension remain in effect until the Board decides En-tergy's motion to dismiss the contention as moot, or in the alternative, for summary disposition.
Entergy expects to file that motion next week. Counsel for DIPS has authorized the undersigned to represent that DPS does not oppose the motion to stay discovery.
Through the instant motion, Entergy seeks to avoid the burden and expense of unneces-sary discovery efforts should DPS Contention 6 be dismissed. Should the contention survive, DPS will not be adversely affected by a delay in disclosure of relevant documents. First, En-Memorandum and Order (Admitting Intervenor's New Contention) (Jan. 11, 2005) ("Order").
e/vi p laff
-S se s
-aC
tergy has already provided DPS with the documents that DPS has requested regarding DPS Con-tention 6. Second, Entergy has agreed with DPS to provide additional documents related to the contention that DPS may request. Finally, DPS can obtain access to many, if not all, of those documents through its existing Memorandum of Understanding with Entergy. Moreover, a short delay as that contemplated here is not reasonably anticipated to adversely affect DPS' prepara-tion for a hearing -- which has not yet been scheduled.
DISCUSSION On January I 1, 2005, the Board admitted DPS Contention 6. Order at 1 (citing Vermont Department of Public Service Request for Leave to File a New Contention (Oct. 18, 2004) at 1).
In admitting the contention, the Board noted "that the contention is narrow" because the conten-tion merely "challenges the absence of the verification, not its quality." Id. at 7. Thus, the Board stated "when Entergy performs the verifications showing compliance, and duly submits them to NRC, this contention will be moot." Id. Entergy has performed the verification and submitted the results to NRC, and on that basis Entergy will move to dismiss DPS Contention 6 as moot, or in the alternative, for the Board to grant summary disposition of the contention.
The Board has the authority to adjust discovery deadlines. A presiding officer "has all the powers necessary" to "take appropriate action to control the prehearing and hearing process."
10 C.F.R. § 2.319. An Atomic Safety and Licensing Board "may exercise the powers of a pre-siding officer as granted by [10 C.F.R.] §.2.319." Id. § 2.321(c). General discovery byparties to a proceeding is required within thirty (30) days of the order granting a request for hearing or pe-tition to intervene, unless "otherwise ordered by the Commission, the presiding officer or the Atomic Safety and Licensing Board assigned to the proceeding." 10 C.F.R. § 2.336(a). Thus, the Commission's rules provide the Board with ample authority to suspend the discovery dead-line for DPS Contention 6.
2
Discovery for DPS Contention 6 should be suspended until resolution of Entergy's dispo-sitive motion. The disclosures mandated by 10 C.F.R. § 2.336(a) would require Entergy to dedi-cate resources to a process which may prove unnecessary. It would be burdensome for Entergy to expend these resources only to have the Board dismiss DPS Contention 6 shortly after the ef-fort. On the other hand, DPS is not harmed by a stay if the contention is dismissed. If the con-tention survives, DPS will not suffer any material harm from the requested stay, as the hearing is not imminent and DPS already has access to many, if not all, of the relevant documents. Thus, fairness and resource conservation dictate that the Board suspend the disclosure requirement for DPS Contention 6 until it rules on Entergy's motion for dismissal or summary disposition.
CERTIFICATION Counsel for Entergy has contacted counsel for DPS and the NRC Staff regarding this mo-tion pursuant to 10 C.F.R. § 2.323(b). Both parties have indicated that they will not oppose the instant motion.
CONCLUSION For all the above reasons, the Board should suspend discovery related to DPS Contention 6 until it rules on Entergy's dispositive motion on that contention.
Respectfully submitted, Jayf. Vilberg Marias(F. Travieso-Diaz Douglas J. Rosinski SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8063 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
Dated: January 28, 2005
January 28, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
)
)
)
)
)
)
)
)
Docket No. 50-271 ASLBP No. 04-832-02-OLA (Operating License Amendment)
CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Unopposed Motion to Stay Discovery on Department of Public Service Contention 6" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an aster-isk by electronic mail, this 28th day of January, 2005.
- 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 ask2anrc.ov
- 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 aib5(inrc.gov
- Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson AZ 85718 lesi-t-r),comcast.net Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secvynrc.goa, hearingdocketanrc.gov Office of Commission Appellate Adjudica-tion Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Sarah Hofmann Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Saralh.Hofmannnastate.vt.us
- Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 aroismanai)val ley.net
- Brooke Poole, Esq.
- Robert Weisman, Esq.
- Marisa Higgins, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 bdptai)nrc.nov, rmwr nrc.gov, mch5onrc.gov
- Jonathan M. Block 94 Main Street P.O. Box 566 Putney, VT 05346-0566 ionb~afsover.net
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadis(naprexar.com Matias F. Travieso-Diaz 2