ML050680402

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Unopposed Motion to Extend Time to File an Answer to Entergy'S Motion to Dismiss as Moot, or in the Alternative, for Summary Disposition of Department of Public Service Contention 6
ML050680402
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 02/28/2005
From: Hofmann S
State of VT, Dept of Public Service
To:
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 9520
Download: ML050680402 (4)


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II I February 28, 2005 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION February 28, 2005 t3:58prn)

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF in the Matter of )

)

ENTERGY NUCLEAR VERMONT YANKEE) Docket No. 50-271 -OLA LLC and ENTERGY NUCLEAR )

OPERATIONS, INC. ) ASLBP No. 04-832-02-OLA (Vermont Yankee Nuclear Power Station) )

UNOPPOSED MOTION TO EXTEND TIME TO FILE AN ANSWER TO ENTERGY'S MOTION TO DISMISS AS MOOT, OR IN THE ALTERNATIVE, FOR

SUMMARY

DISPOSITION OF DEPARTMENT OF PUBLIC SERVICE CONTENTION 6 On February 11, 2005, applicant Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, "Entergy") filed a "Motion to Dismiss as Moot, or in the Alternative, for Summary Disposition" of Vermont Department of Public Service ("DPS")

Contention 6.' On February 16, 2005, the Atomic Safety and Licensing Board issued an Order providing for the filing of answers to Entergy's February 11, 2005 Motion on March 3, 2005. This unopposed motion, pursuant to 10 C.F.R. § 2.307, is to request an extension of time for the Department of Public Service to file its answer from March 3, 2005 to March 7, 2005. One of the counsel for the Department has been ill, and thus, the additional days are needed to prepare the Department's answer. Pursuant to 10 C.F.R. § 2.323(b), counsel for the Department conferred with counsel for Entergy and the NRC Staff regarding this extension. Neither party objected to this See "Entergy's Motion to Dismiss as Moot, or in the Altemative, for Summary Disposition of Department of Public Service Contention 6,".dated February 11, 2005 ("Motion").

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Accordingly, the Department respectfully requests an extension of time until March 7, 2005 to file an Answer to Entergy's Motion to Dismiss as Moot, or in the Alternative, for Summary Disposition of the Department's Contention 6.

Respectfully submitted, Sarah Hofma Special Counse Dated at Montpelier, Vermont this 28' day of February, 2005 2 Although the subject of these motions and the answer do not involve NEC's contentions, counsel for the Department also contacted counsel for NEC as a courtesy. Counsel for NEC did not object to this request for an extension of time.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of * ).

Docket No. 50-271 ENTERGY NUCLEAR VERMONT YANKEE LLC AND ENTERGY NUCLEAR ASLBP No. 04-832-02-OLA OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

CERTIFICATE OF SERVICE I hereby certify that copies of the Vermont Department of Public Service Unopposed Motion to Extend Time to File an Answer to Entergy's Motion to Dismiss as Moot, or in the Alternative, for Summary Disposition fo Department of Public Service Contention 6 in the above captioned proceeding has been served on the following by deposit in the United States Mail, first class, postage prepaid, and where indicated by asterisk by electronic mail, this, 28th day of February, 2005.

Alex S. Karlin, Chair* Dr. Anthony J. Baratta*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2(Wnrc.gov E-mail: aib5anrc.iov Lester S. Rubenstein* Office of the Secretary*

Administrative Judge ATTN: Rulemaking & Adjudications Staff Atomic Safety and Licensing Board Panel Mail Stop: 0-16 Cl 4270 E. Country Villa Drive *U.S.Nuclear Regulatory Commission Tuscon, AZ 85718 Washington, DC 20555-0001 E-mail: lesnrar.comcast.net - E-mail: HEARINGDOCKET(onrc.iov Atomic Safety and Licensing Board Office of Commission Appellate Adj.

Mail Stop T-3 F23 Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001

Jay E. Silberg, Esq.* Brooke Poole, Esq.*

Matias Travieso-Diaz, Esq.* Robert Weisman, Esq.*

Douglas J. Rosinski, Esq. Marissa Higgins, Esq.*

Shaw Pittman, LLP Office of the General Counsel 2300 N St., NW Mail Stop 0-15 D21 Washington, DC 20037-1128 U.S. Nuclear Regulatory Commission jgav.silbergi0shaypittman.com Washington, D.C. 20555-0001 matias.travieso-diaz(ishasb pittman.com bdp()nrc.gov rmw(dnrc.gov Mch5(anrc.gov Anthony Z. Roisman, Esq.* Jonathan M. Block, Esq.*

National Legal Scholars Law Firm 94 Main Street 84 East Thetford Rd. P.O. Box 566 Lyme, NH 03768 Putney, VT 05346-0566 aroisman(ivallev.net ionb(Rsover.net Raymond Shadis* John M. Fulton, Esq.*

New England Coalition Assistant General Counsel P.O. Box 98 Entergy Nuclear Operations, Inc.

Shadis Road '440 Hamilton Avenue Edgecomb, ME 04566 White Plains, NY 10601 shadis&prexar.com -fultol Pentergv.com Chris Wachter* Jonathan Rund*

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3F23 Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 cmrnwPnrc. gov Jmr3()nrc.gov

  • .Respectfully submitted, Sarah Hofma Special Counsel