ML060880313
| ML060880313 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 03/21/2006 |
| 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 11404 | |
| Download: ML060880313 (8) | |
Text
March 21, 2006 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)
NRC STAFF'S ANSWER TO NEW ENGLAND COALITION'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY BRIEF Pursuant to 10 C.F.R. § 2.323(c), the NRC Staff ("Staff") hereby responds to "New England Coalition's Unopposed Motion for Enlargement of Time to File a Reply [sic] Brief"
("Motion"), filed by New England Coalition ("NEC") on March 21, 2006. For the reasons set forth below, the Staff does not oppose NEC's Motion, provided that a commensurate extension of time, i.e., until March 28, 2006, is afforded for the parties to file any answers to NEC's brief on NEC Contention 4.
In accordance with the telephone conference call of March 10, 2006 (Tr. 887) and the Licensing Board's "Order (Supplemental Schedule)," dated March 14, 2006, NEC was required to file its brief concerning the legal standard at issue in NEC Contention 4 (Seismic Analysis) on March 17, 2006; answers to NEC's brief are to be filed seven days later, on March 24, 2006, and NEC's reply is due to be filed on March 31, 2006. Id.
NEC did not file its brief on March 17, as required. On March 20, 2006, NEC's representative sent an E-mail message to the parties, requesting their consent to an extension of time to permit NEC's brief to be filed that day. Counsel for the Licensee and Counsel for the Staff each responded by E-mail, stating that they do not oppose NEC's request, provided that they are afforded the same extension of time, i.e., until March 27, 2006, in which to file their
answers to NEC's brief.' Counsel for the Vermont Department of Public Service stated that she does not oppose NEC's or the Licensee's requests. NEC subsequently transmitted to the Licensing Board and parties an electronic version of its Motion, along with its brief on the legal standard at issue in NEC Contention 4.2 In its Motion, NEC seeks an extension of time until March 20, 2006, in which to file its Brief - and its Certificate of Service states that its Motion and Brief were filed on March 20, 2006. While the Staff has not yet received a paper copy of NEC's filing, the Staff's E-mail system indicates that NEC's Motion and Brief were transmitted electronically at 2:52 AM on March 21, 2006.3 Further, while NEC requests that answers to its Brief be afforded a three-day extension of time, it incorrectly refers to the resulting date as "March 24, 2006." Motion at 2.
Notwithstanding these errors and the untimeliness of NEC's Brief, the Staff does not oppose NEC's request for an extension of time to file its Brief, provided that the Staff and other parties are afforded a commensurate extension of time, i.e., until March 28, 2006, in which to file their answers to NEC's Brief; NEC's reply to those answers would then be due on April 4, 2006. To this extent, the Staff not oppose NEC's Motion.
Respectfully submitted, Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 21st day of March, 2006 1 See E-mail message from Matias F.Travieso-Diaz to Raymond Shadis, et al., dated March 20, 2006 (Attachment 1 hereto); E-Mail message from Sherwin E. Turk to Raymond Shadis, et al., dated March 20, 2006 (Attachment 2 hereto).
2 "New England Coalition's Brief on the Legal Scope of [NEC] Contention 4" ("Seismic Brief"),
dated March 17, 2006 [sic].
3 See E-mal message from Raymond Shadis to Administrative Judge Alex Karlin, et al., dated March 21, 2006 (Attachment 3 hereto).
ATTACHMENT 1 From: "Travieso-Diaz, Matias F." <matias.travieso-diaz@pillsburylaw.com>
To: "Raymond Shadis" <shadis~prexar.com>, "Anthony Roisman"
<croisman @nationallegalscholars.com>, "Hofmann, Sarah"
<Sarah.Hofmann @state.vt.us>, "Sherwin Turk" <SET@ nrc.gov>, "Steven Hamrick" <SCH1 @nrc.gov>, "Silberg, Jay E." <jay.silberg~pillsburylaw.corn>
Date: 3/20/06 8:39AM
Subject:
RE: Enlargement of Time - Today
Dear Mr.. Shadis:
Applicants will not oppose your requested extension of time a long as we are granted a corresponding extension of the time in which to respond to your filing; i.e., if you file your brief today our response would be due on Monday, March 27. Please note this proviso in your motion. Thanks, From: Raymond Shadis [1]
Sent: Monday, March 20, 2006 8:23 AM To: Travieso-Diaz, Matias F.; Anthony Roisman; Hofmann, Sarah; Sherwin Turk; Steven Hamrick; Silberg, Jay E.
Subject:
Enlargement of Time - Today Importance: High
Dear Parties,
On March 10th the ASLBP ordered that New England Coalition produce, by March 17th, a brief or statement on which legal standards apply in Contention NEC 4. Due to a combination of, what with our limited resources, is an aggressive schedule (one week) for this filing and workload in pre-existing (as well as concurrent) VY-related proceedings before the Vermont Public Service Board, we were unable to meet that schedule. We wish to file our brief or standard today together with a Motion for Enlargement of Time, extending the deadline only until today.
Please let me know as early as possible if you will agree to this request.
Thank you, Raymond Shadis Pro Se for New England Coalition Raymond Shadis Staff Technical Advisor New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadis@prexar.com The contents of this message, together with any attachments, are intended only for the use of the individual or entity to which they are addressed and may contain information that is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you
are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender or the Pillsbury Winthrop Shaw Pittman Help Desk at Tel: 800-477-0770 x4860 immediately by telephone or by return E-mail and delete this message, along with any attachments, from your computer. Thank you.
Internal Revenue Service regulations generally provide that, for the purpose of avoiding federal tax penalties, a taxpayer may rely only on formal written advice meeting specific requirements.
Any tax advice in this message does not meet those requirements. Accordingly, any such tax advice was not intended or written to be used, and it cannot be used, for the purpose of avoiding federal tax penalties that may be imposed on you or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
= === === == === === === == === === === == === === ===
ATTACHMENT 2 From: Sherwin Turk To: aroisman@nationallegalscholars.com; Hamrick, Steven; jay.silberg©pillsburylaw.com; Sarah.Hofmann@state.vt.us; Shadis, Raymond Date: 3/20/06 11:28AM
Subject:
Re: Enlargement of Time - Today Ray --
In response to your message, the Staff does not oppose your request for an extension of tine in which to file your pleading on NEC Contention 4, so as to allow it to be filed today, provided the Staff is afforded the same amount of time in which to respond, i.e., by March 27, 2006.
Please advise the Board of our position in your pleading. Thanks -
Sherwin
ATTACHMENT 3 From: Raymond Shadis <shadis@prexar.com>
To: "Alex Karlin" <ASK2@nrc.gov>, "Lester Rubenstein" <lesrrr@comcast.net>,
"Anthony Baratta" <AJB5@nrc.gov>, "Anthony Roisman"
<aroisman@ nationallegalscholars.com>, "Jason Zorn" <JCZ@ nrc.gov>,
"Robert Weisman" <RMW@nrc.gov>, "Sherwin Turk" <SET@nrc.gov>,
<Sarah.Hofmann @state.vt.us>, <jay.silberg @pillsburylaw.com>,
<matias.travieso-diaz pillsburylaw.com>, <Scott.vance@pillsburylaw.com>-,
"Raymond Shadis" <shadis@prexar.com>, "Jered Lindsay" <JJL5@nrc.gov>,
"Jonathan Rund" <JMR3@nrc.gov>
Date: 3/21/06 2:52AM
Subject:
NEC BRIEF, STATEMENT, MOTION 4 TIME
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 STAFF ANSWER TO NEW ENGLAND COALITION'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY BRIEF," 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 Commission's internal mail system; and by e-mail as indicated by a double asterisk (**), this 215' 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 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 E-mail: ask2@nrc.gov E-mail: ajb5@nrc.gov Lester S. Rubenstein** Office of the Secretary**
Administrative Judge ATTN: Rulemaking and Adjudications Staif Atomic Safety and Licensing Board Panel Mail Stop: 0-16C1 4760 East Country Villa Drive U.S. Nuclear Regulatory Commission Tucson, AZ 85718 Washington, DC 20555-0001 E-mail: lesrrr@comcast.net E-mail: HEARINGDOCKET@nrc.gov Office of Commission Appellate Jonathan M. Rund, Esq.**
Adjudication* Law Clerk Mail Stop: O-16C1 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (E-mail: imr3@nrc.cov)
Jered J. Lindsay, Esq.** Sarah Hofmann, Esq.**
Law Clerk Special Counsel Atomic Safety and Licensing Board Panel Department of Public Service Mail Stop: T-3F23 112 State Street - Drawer 20 U.S. Nuclear Regulatory Commission Montpelier, VT 05620-2601 Washington, DC 20555-0001 E-mail: sarah.hofmann@state.vt.us (E-mail: JJL5@nrc.qov)
Jay E. Silberg, Esq.** Anthony Z. Roisman, Esq.**
Matias Travieso-Diaz, Esq.** National Legal Scholars Law Firm Pillsbury Winthrop Shaw Pittman, LLP 84 East Thetford Rd.
2300 N St., NW Lyme, NH 03768 Washington, DC 20037-1128 E-mail: aroisman@nationallegalscholars.com E-mail: jay.silberg @pillsburylaw.com, and matias.travieso-diaz @pillsburylaw.com John M. Fulton, Esq. Raymond Shadis**
Assistant General Counsel Staff Technical Advisor Entergy Nuclear Operations, Inc. New England Coalition 440 Hamilton Avenue P.O. Box 98 White Plains, NY 10601 Edgecomb, ME 04556 E-mail: shadis@prexar.com, shadis©ime.net Sherwin E. Turk Counsel for NRC Staff