ML052840027
| ML052840027 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 10/07/2005 |
| From: | Sherwin Turk NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 10554 | |
| Download: ML052840027 (6) | |
Text
October 7, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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
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(Vermont Yankee Nuclear Power Station)
)
NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME (1) TO RESPOND TO THE LICENSING BOARDS ORDER OF SEPTEMBER 30, 2005, CONCERNING THE STATE OF VERMONTS FIRST MOTION TO COMPEL, AND (2) TO RESPOND TO THE STATE OF VERMONTS SECOND MOTION TO COMPEL INTRODUCTION Pursuant to 10 C.F.R. § 2.323, the NRC Staff (Staff) hereby requests (1) a nine-day extension of time, until October 21, 2005, in which to respond to the Atomic Safety and Licensing Boards Order (Regarding State of Vermonts Motion of Aug. 31, 2005) (Order),
dated September 30, 2005 (pertaining to the Vermont Department of Public Service Motion to Compel Production of Certain Staff Documents (First Motion to Compel), filed August 31, 2005), and (2) a ten-day extension of time, also until October 21, 2005, to respond to the Vermont Department of Public Service Motion to Compel Production of Certain Staff Documents (II) (Second Motion to Compel), filed September 29, 2005. In support of this request, the Staff states as follows:
1.
On August 31, 2005, the State of Vermont Department of Public Service (DPS or State) filed its First Motion to Compel, in which it sought to compel the production of three documents listed on the Staffs July 27, 2005, deliberative process privilege log. The Staff filed 1 NRC Staffs Answer to Vermont Department of Public Services Motion to Compel, dated September 12, 2005.
2 See (1) Vermont [DPS] Request for Oral Argument or, Alternatively, for Leave to File a Request to File a Reply Brief, dated September 15, 2005; (2) NRC Staffs Answer to Vermont [DPSs] Request for Oral Argument or, Alternatively, for Leave to File a Request to File a Reply Brief, dated September 21, 2005; and (3) Vermont [DPS] Motion for Leave to File a Reply Brief in Support of Its Motion to Compel, dated September 29, 2005. The Staffs response to the States motion for leave to file a reply brief was due to be filed on October 11, 2005; however, inasmuch as the Licensing Board has held that motion in abeyance (Order, at 2), the Staff may defer filing its response, if any, to that motion.
its answer in opposition to that motion on September 12, 2005.1 DPS subsequently filed a request for oral argument or, alternatively, for leave to file a request to file a reply brief; the Staff filed an answer in opposition to that motion on September 21, 2005; and DPS then filed a motion for leave to file a reply brief in support of its Motion to Compel.2 2.
On September 29, 2005, the State filed its Second Motion to Compel, in which it sought to compel the production of 25 of the 38 documents listed on the Staffs September 6, 2005, deliberative process privilege log. Pursuant to 10 C.F.R. § 2.323, the Staffs response to the States Second Motion to Compel is due to be filed on October 11, 2005.
3.
On September 30, 2005, the Licensing Board issued its Order, in which (a) it directed the Staff to provide, on October 12, 2005, information concerning the third requirement - that a high ranking agency official personally reviewed the document and made the decision to invoke the deliberative process privilege (Order at 2), legal argument concerning the applicability of this third element in NRC adjudicatory proceedings and the adequacy of the rank of the individual(s) who personally reviewed these documents and made the decision to invoke the privilege, and it directed the Staff to file the three documents for in camera review; and (b) it directed the State to respond to the Staffs legal brief, on October 19, 2005, limited to the issues specified in Paragraph 1.B of the Boards Order concerning the third requirement involved in the Staffs invocation of the deliberative process privilege.
- 4.
The Staff has commenced preparation of its responses to the Licensing Boards Order and the States Second Motion to Compel, but has found that a brief extension of time is needed to permit the completion of those responses. Specifically, the undersigned Staff Counsel has been and will be out of the office for several days during this period, due to religious and federal holidays; in addition, Staff Counsel have been and will be required to address other time-sensitive matters, including preparation of a response to a late-filed seismic contention submitted by the New England Coalition in this proceeding, and other pressing matters involved in other NRC adjudicatory proceedings. For these reasons, the Staff is unable to complete its responses to the Licensing Boards Order or the States Second Motion to Compel within the time required.
5.
Accordingly, the Staff has determined that it requires an additional period of nine or ten days, respectively, until October 21, 2005, in which to file its response to the States Second Motion to Compel and the Licensing Boards Order of September 30, 2005. The Staff respectfully submits that the filing of its responses on October 21 will not cause harm to any other party or undue delay in the conclusion of this proceeding.
6.
Counsel for the Staff has discussed this request with Counsel for the State and Counsel for the Applicant. Counsel for the Applicant stated that he does not oppose this request. Counsel for the State stated that they do not oppose this request, provided that the States response to the Staffs legal brief, required by the Boards Order, be similarly extended until October 28, 2005 (i.e., seven days after the filing of the Staffs legal brief, as required by the Boards Order).
WHEREFORE, the Staff respectfully requests that the schedule for filing its responses to the States Second Motion to Compel and to the Licensing Boards Order be modified to allow the filing of the Staffs responses on October 21, 2005, and that the time for filing the States response to the Staffs legal brief, established in the Boards Order, be modified to allow the filing of the States response on October 28, 2005.
Respectfully submitted,
/RA/
Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 7th day of October 2005
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS UNOPPOSED MOTION FOR EXTENSION OF TIME (1) TO RESPOND TO THE LICENSING BOARDS ORDER OF SEPTEMBER 30, 2005, CONCERNING THE STATE OF VERMONTS FIRST MOTION TO COMPEL, AND (2) TO RESPOND TO THE STATE OF VERMONTS SECOND MOTION TO COMPEL, in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or as indicated by an asterisk (*), by deposit in the Nuclear Regulatory Commissions internal mail system; and by e-mail as indicated by a double asterisk (**), this 7th day of October, 2005.
Alex S. Karlin, Chair**
Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@nrc.gov Dr. Anthony J. Baratta**
Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ajb5@nrc.gov Lester S. Rubenstein**
Administrative Judge Atomic Safety and Licensing Board Panel 4760 East Country Villa Drive Tucson, AZ 85718 E-mail: lesrrr@comcast.net Office of the Secretary**
ATTN: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Adjudication*
Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 John M. Fulton, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 Jay E. Silberg, Esq.**
Matias Travieso-Diaz, Esq.**
Douglas Rosinski, Esq.**
Pillsbury Winthrop Shaw Pittman, LLP 2300 N St., NW Washington, DC 20037-1128 E-mail: jay.silberg@pillsburylaw.com matias.travieso-diaz@pillsburylaw.com douglas.rosinski@pillsburylaw.com Jonathan M. Rund, Esq.**
Law Clerk Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: jmr3@nrc.gov)
Anthony Z. Roisman, Esq.**
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 E-mail: aroisman@nationallegalscholars.com Raymond Shadis**
Staff Technical Advisor New England Coalition P.O. Box 98 Edgecomb, ME 04556 E-mail: shadis@prexar.com, shadis@ime.net Sarah Hofmann, Esq.**
Special Counsel Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmann@state.vt.us
/RA/
Sherwin E. Turk Counsel for NRC Staff