ML060830117
| ML060830117 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/13/2006 |
| From: | Shadis R New England Coalition on Nuclear Pollution |
| To: | Anthony Baratta, Karlin A, Rubenstein L Atomic Safety and Licensing Board Panel, NRC/SECY/RAS |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 11405 | |
| Download: ML060830117 (8) | |
Text
HRis UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of March 13, 2006 ENTERGY NUCLEAR VERMONT YANKEE, LLC Docket No. 50-271 and ENTERGY NUCLEAR OPERATIONS, INC.
(Vennont Yankee Nuclear Power Station) ASLBP No. 04-832-02-OLA Office of the Secretary DOCKETED ATTN: Rulemaking and Adjudications Staff USNRC Mail Stop: 0-16C1 U.S. Nuclear Regulatory Commission March 23, 2006 (1:14pm))
Washiington, DC 20555-0001 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF
Dear Rulemaking and Adjudications Staff,
Please find for filing in the above captioned matter one original and two copies of New England Coalition's Letter Providing Dates of Availability for Hearing and responding to the Board's (Scheduling Conference) Order of March 10, 2006.
Thank you for your kind assistance in making this filing, Raymond Shadis Pro se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadisotprexar.corn
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Ne w England Coalition NH EM RI CT NY -
POST OFFICE BOX 545, BRATTLEBORO, VERMONT 05302 on NuclearPollution March 13, 2006 Alex S. Karlin, Chairman, Lester S. Rubenstein, Administrative Judge Dr. Anthony J. Baratta Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Docket No. 50-271-OLA (Extended Power Uprate) _Scheduling Conference
Dear Administrative Judges:
In conformance with the Board's Order issued during a Scheduling Conference on March 10, 2006, this letter is to provide a detailed schedule of New England Coalition's availability for hearings on Contentions, NEC 3 and NEC 4.
On March 10, 2006 at 11 AM, this ASLB Panel held a Scheduling Conference together with the parties to discuss, among other matters, setting a hearing schedule.
NR.C Staff had, on March 9, 2006, in consultation with the Entergy and the Vermont Department of public Service, prepared and served a calendar showing the dates \(July through October) when Staff, VDPS and Entergy would and would not be available.
New England Coalition provided the following E-mail message to all parties on March 10, at 8:40 AM. (See message attached),
I [Raymond Shadis, New England Coalition's pro se Representative] have previous commitments, including both contractual commitments, appearances in legal venues, and foreign travel throughout July and August. Therefore, I will not be available during July and August. The sole exception is a commitment to New England Coalition to provide assistance in petitioning for leave to intervene in Entergy Nuclear Vermont Yankee's License Extension Application, even that assistance may be curtailed should a July-August schedule conflict, such as a pre hearing conference, in that time frame, arise.
New England Coalition is prepared to go forward in September- with all dates open- at the convenience of the Board and the parties.
- 1. This is the only scheduled vacation time for New England Coalition's pro se representative. It has been long anticipated, planned for, and overdue. (See letter attached, D. Sidebothaam, President, New England Coalition).
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- 2. Reasonably, New England Coalition did not anticipate that the hearing schedule would extend into Spring of 2006; much less Summer.
- 3. Having no indication or forewarning at the onset of this proceeding in 2004 that hearings might be held as late as July and August 2006, New England Coalition's pro se representative made plans and commitments for July and August as follows:
Memorial Day -Labor Day - Manage (as available and on-call) - Shadis Art Gallery-Law Offices of P. V. Shadis. There also exists a contractual commitment to complete structural renovations -Main complex- Law Offices of P.V. Shadis, Olde Route One and Mills Road, Newcastle, Maine.
- June 21- July 30 and July 3 - Planned Travel- Family Time- Ancestral Home place - Alietus, Lithuania
- July 6 Planned Travel - Family Time w/ Daughter (Medieval historian, Professor, Ohio University) and family- Teaching semester in Europe, i.e.,
Germany (Leipzig) and Italy. This planned trip may be curtailed or extended as circumstances dictate. It is nonetheless planned and part of family plans for Mr.
Shadis' accumulated vacation time.
- August 4 - and August 7-August 10 - Family Reunion - Middle Fork River, W.Va. (Includes travel time).
- August 13/14 -Family and Community Time - Grand Maine Reunion- Shadis Family Farm - Edgecomb, Maine - Sunday (13) and Monday (14) clean up.
- August 25- and August 28 Scheduled Travel - Down East Maine, Nova Scotia and Prince Edward Island.
- August 30-31 and September 5 Planned and Scheduled Family Time - (labor day weekend and travel) to visit family and friends.
- 4. Based on the unavailability of pro se representative for this timeframe, plans and commitments for availability of expert witnesses in this timeframe have not been determined.
- 5. As previously stated, at this time Mr. Shadis is available, without constraint of previous engagements, to represent New England Coalition in any proceeding scheduled for September and August.
- 6. New England Coalition excluded from consideration those dates in which the NR.C Staff indicated it was not available for NEC contentions or not available at all.
Those dates are July 3, 7-24, and August 14-25.
p.
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- 7. While it may be perceived in passing that New England Coalition is unavailable more than other parties in the July - October time-frame considered, on closer examination, it is not inordinately so. By rough count, New England Coalition is unavailable 48 days in the 4 month period under consideration, but available for a solid block of from September 6 through October 3 l. VDPS is unavailable for 36 days and Entergy is unavailable for 20 days, plus 17 days on Contention NEC 3, for a total 37 days in the same time frame. NRC Staff is unavailable for 42 days.
New England Coalition regrets any confusion that may have resulted during the pre-hearing conference from attempting to reconcile the various availability dates without the above specifics. New England Coalition is prepared, should the Board require it, to provide further details upon request.
Raymond Shadis Pro Se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadis(a)prexar.com Cc: Service List
Mar 14 06 09:40a Raymond Shadis 207882-8013 P.2 f VT New EnglandCoalition
. N- . ME MA - RI . CT . NY POST OFFICE BOX 545, BRATTLEBORO, VERMONT 05302 on Nuclear Pollution March 13, 2006 Alex S. Karlin, Chairman, Lester S. Rubenstein, Administrative Judge Dr. Anthony J. Baratta Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re Docket No. 50-271-OLA (Extended Power Uprate
Dear Administrative Judges:
It has come to my attention that questions have arisen concerning the scheduling of hearings regarding New England Coalition contentions admitted in the above captioned proceeding. I understand that in particular the Atomic Safety and Licensing Board is considering the availability of New England Coalition's pro se representative, Raymond Shadis, for hearings in July and August.
Please be advised that New England Coalition has pressed Mr. Shadis to take the accumulated vacation time of six to eight weeks that he is owed this summer as he is due to retire, in part for reasons of health, from full-time employment with the Coalition in November. Mr. Shadis last took a vacation (two weeks) in June of 2003. At that, it was a working vacation as he continued preparation for technical hearings on the Vermont Yankee extended power uprate before the Vermont Public Service Board (-VPSB")
where he represented the Coalition.
Mr. Shadis is currently represents the Coalition in two VPSB dockets and is assisting in a third. He is also representing the Coalition on a Vermont Yankee thermal discharge issue now before the Vermont Agency of Natural Resources. We do not anticipate hearings in any of these dockets during July and August, but a certain workload may be expected nonetheless. In addition. Entergy has now filed an application for License Extension. New England Coalition will file a Petition for Leave to Intervene and whether preliminary hearings come in July or August; or not, we deem Mr. Shadis' advice and assistance to be essential to representing our interests.
Given the legal and advocacy workload, only partially described above, and Mr. Shadis' length of service without adequate relief, New England Coalition
Mar 14 06 09:40a Raymond Shadis 207-882-8013 p.3 2
believes it essential to the health and well-being of our pro se representative, that he now enjoy, with as little interruption as possible, the healing and restorative time of vacation that he is due.
While New England Coalition remains concerned that safety issues raised in our contentions are adjudicated as soon as possible, we are also concerned that scheduling go forward in a manner that is fair and takes into account our scheduling and human resource limitations.
Thank you for your attention, Si~md in the original Diana Sidebotham President, New England Coalition
-- r1
+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 C)PERATIONS, INC. ) ASLBP No. 04-832-02-OLA (Vermont Yankee Nuclear Power Station)
CERTIFICATE OF SERVICE I hereby certify that copies of New England Coalition's Letter Providing Dates of Availability for Hearing and responding to the Board's (Scheduling Conference) Order of March 10, 2006.in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class and by e-mail as indicated by a double asterisk (**), this 13t day of March 2006 Alex S. Karlin, Chair" Dr. Anthony J. Baratta" Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Mail Stop T-3F23 Panel U.'S. Nuclear Regulatory Commission Mail Stop T-3F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: ask2@nrc.gov Washington, DC 20555-0001 E-mail: ajb5§nrc.gov Lester S. Rubenstein** Office of the Secretary**
Administrative Judge ATTN: Rulemaking and Adjudications Atomic Safety and Licensing Board Panel Staff 4760 East Country Villa Drive Mail Stop: O-16C1 Tucson, AZ 85718 U.S. Nuclear Regulatory Commission E-mail: lesrrr@comcast.net Washington, DC 20555-0001 E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate John M. Fulton, Esq.
Adjudication Assistant General Counsel MaI Stop: 0-16C1 Entergy Nuclear Operations, Inc.
U.S. Nuclear Regulatory Commission 440 Hamilton Avenue Washington, DC 20555-0001 White Plains, NY 10601 Jay, E. Silberg, Esq.** Sarah Hofmann, Esq.**
Matias Travieso-Diaz, Esq.* Special Counsel Pillsbury Winthrop Shaw Pittman, LLP Department of Public Service 2300 N St., NW 112 State Street - Drawer 20 Washington, DC 20037-1128 Montpelier, VT 05620-2601 E-rnail: jay.silberg~pillsburylaw.com E-mail: sarah.hofmann@state.vt.us matias.travieso-diaz~pillsburylaw.com douglas.rosinski~pillsburylaw.com Anthony Z. Roisman, Esq.**
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyrne, NH 03768 E-mail: aroisman@nationallegalscholars.com Jonathan M. Rund, Esq.** Sherwin E. Turk, Esq.**
Law Clerk Jason C. Zom, Esq.**
Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mi tp01 2 U.S'. Nuclear Regulatory Commission Mail Stop 0-15 D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission (E-mail: imr3nrc. ov) Washington, DC 20555-0001 set(dnrc.qov, iczTnrc.qov Raymond Shadis Pro Se Representative New England Coalition Post Office Box 98, Edgecomb, Maine 04556 207-882-7801 shadis@prexar.com