ML050680402

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Unopposed Motion to Extend Time to File an Answer to Entergys 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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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

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ENTERGY NUCLEAR VERMONT YANKEE)

LLC and ENTERGY NUCLEAR

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OPERATIONS, INC.

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(Vermont Yankee Nuclear Power Station)

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Docket No. 50-271 -OLA ASLBP No. 04-832-02-OLA 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 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 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*

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

Administrative Judge Atomic Safety and Licensing Board Panel 4270 E. Country Villa Drive Tuscon, AZ 85718 E-mail: lesnrar.comcast.net Dr. Anthony J. Baratta*

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

ATTN: Rulemaking & Adjudications Staff Mail Stop: 0-16 Cl

  • U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: HEARINGDOCKET(onrc.iov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Office of Commission Appellate Adj.

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

Jay E. Silberg, Esq.*

Matias Travieso-Diaz, Esq.*

Douglas J. Rosinski, Esq.

Shaw Pittman, LLP 2300 N St., NW Washington, DC 20037-1128 jgav.silbergi0shaypittman.com matias.travieso-diaz(ishasb pittman.com Brooke Poole, Esq.*

Robert Weisman, Esq.*

Marissa 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 rmw(dnrc.gov Mch5(anrc.gov Anthony Z. Roisman, Esq.*

National Legal Scholars Law Firm 84 East Thetford Rd.

Lyme, NH 03768 aroisman(ivallev.net Raymond Shadis*

New England Coalition P.O. Box 98 Shadis Road Edgecomb, ME 04566 shadis&prexar.com Jonathan M. Block, Esq.*

94 Main Street P.O. Box 566 Putney, VT 05346-0566 ionb(Rsover.net John M. Fulton, Esq.*

Assistant General Counsel Entergy Nuclear Operations, Inc.

'440 Hamilton Avenue White Plains, NY 10601

-fultol Pentergv.com Chris Wachter*

Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cmrnwPnrc. gov Jonathan Rund*

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

  • .Respectfully submitted, Sarah Hofma Special Counsel