ML050550282
| ML050550282 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 02/10/2005 |
| From: | Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, ShawPittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 9408 | |
| Download: ML050550282 (4) | |
Text
- {9ns qb't February 10, 2005 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC February 10, 2005 (1&58am)
Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of
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Docket No. 50-271 ENTERGY NUCLEAR VERMONT
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YANKEE, LLC and ENTERGY
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ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC.
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(Operating License Amcndment)
(Vermont Yankee Nuclear Power Station)
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ENTERGY'S UNOPPOSED MOTION TO CHANGE DISCOVERY UPDATE PERIOD Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(collectively "Entergy") file this unopposed motion pursuant to 10 C.F.R. §§ 32.319(k), 2.321(c),
and 2.323 requesting that the Atomic Safety and Licensing Board ("Board") extend the period required by 10 C.F.R. §2.336(d) for the parties to disclose new discovery information or docu-ments from 14 to 30 days, until the issuance by the NRC Staff of the draft Safety Evaluation Re-port ("SER"), at which time the period for new disclosures would revert to the fourteen day up-date period provided in the rule.'
As discussed at the telephone prehearing conference held by the Board and the parties on January 21, 2005 (Tr. 662-65), the purpose of making such a change is to reduce the number of times documents have to be reduced to electronic form, indexed and produced.2 Such enlarge-The Dcpartment of Public Service has proposed that in addition to these changes, the date for supplementing dis-closures would be shortened to less than 14 days at some point after issuance of the final SER. The parties are considering that proposal. Should the parties agree on such a change, it would be the subject of a separate unop-posed motion. If the parties do not agree, DPS may file a separate motion requesting such a change.
2 Entergy undertakes to produce the documents it discloses in electronic form, in compact disks accompanied by suitable indices. While this process results in a production of documents in a format that is convenient to the parties receiving the discovery, it is labor intensive and time consuming.
TerneWa+/-- sec-'
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ment of the discovery update period would not adversely affect any party, in light of the schedule for the proceeding established in the Board's February 1,2005 Initial Scheduling Order.
CERTIFICATION Counsel for Entergy has contacted counsel for the Vermont Department of Public Service
("DPS"), the New England Coalition ("NEC") and the NRC Staff regarding this motion pursuant to 10 C.F.R. § 2.323(b). These parties have indicated that they will not oppose the instant mo-tion. The DPS and NEC agreement does not necessarily include acceptance of all the reasons given for the proposed modification. The NRC Staff position is based upon the assumption that its obligation under 10 C.F.R. §2.336(d) will likewise be modified.
CONCLUSION For all the above reasons, the Board should modify the discovery update period in the manner stated above.
Respectfully submitted, Jay VGilerg Matias 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: February 10,2005 2
February 10, 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)
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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 Change Discov-ery Update Period" were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 10th day of February, 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 ask(2()nrc.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 ajb5Q~nrc.gov
- Administrative Judge Lester S. Rubenstein 4270 E Country Villa Drive Tucson AZ 85718 1csrrr(icomcast.net Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Secretary Att'n: Rulernakings and Adjudications Staff Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secv(lnrc.gov-hearingdocket(nrc.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 Sarah.Hofmann(g)state.vt.us
- Anthony Z. Roisman National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 aroisman(aivallev.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 bdp(anrc.gov, rrnw(a)nrc.gov.
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- Jonathan M. Block 94 Main Street P.O. Box 566 Putney, VT 05346-0566 ionb()sover.net
- Raymond Shadis New England Coalition P.O. Box 98 Shadis Road Edgecomb ME 04556 shadisfprexar.com 4007F Matias F. Travieso-Diaz 2