ML061650317

New England Coalition'S Notice of Adoption of Contentions or in the Alternative, Motion to Adopt Contentions

ML061650317
Person / Time
Site:	Vermont Yankee
Issue date:	06/05/2006
From:	Shems R New England Coalition, Shems, Dunkiel, Kassel, & Saunders, PLLC
To:	NRC/SECY
Byrdsong A T
References
50-271-LR, ASLBP 06-849-03-LR, RAS 11773
Download: ML061650317 (5)

Text

'/7713 DOCKETED USNRC June 5, 2006 (4:08pm)

UNITED STATES OFFICE OF SECRETARY RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF In the matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC) No. DPR-28 and ENTERGY NUCLEAR OPERATIONS, INC. ) Doc ket NO. 50-271 Vermont Yankee Nuclear Power Station )

License Renewal Application )

NEW ENGLAND COALITION'S NOTICE OF ADOPTION OF CONTENTIONS, OR IN THE ALTERNATIVE. MOTION TO ADOPT CONTENTIONS The New England Coalition (NEC) hereby gives notice pursuant to 10 C.F.R. § 2.309(f)(3) that it is hereby adopting the contentions filed by (1) the State of Vermont, and (2) the Commonwealth of Massachusetts. Alternatively, NEC moves pursuant to 10 C.F.R.

§ 2.323 to adopt such contentions.

1. NEC adopts the Contentions filed by the State of Vermont on May 26, 2006 in this proceeding (Contentions) and has consulted with the State of Vermont pursuant to 10 C.F.R. § 2.309(f)(3) through its counsel, Sarah Hofinann. The State of Vermont concurs in this arrangement provided that Vermont shall be the representative for its Contentions.

110 C.F.R. § 2.309(f)(3) provides:

If two or more requestors/petitioners seek to co-sponsor a contention, the requestors/petitioners shall jointly designate a representative who shall have the authority to act for the requestors/petitioners with respect to that contention. Ifa requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitionei a representative who shall have the authority to act for the requestors/

petitioners with respect to that contention.

This provision appears to allow a party seeking to adopt a contention to do so simply upon agreement with the sponsoring petitioner as to the representative rather than by motion.

-fepfctfe =56CV- 0.37

2. NEC adopts the Contention filed by the Commonwealth of Massachusetts on May 26, 2006 in this proceeding (Contention or Contentions), and has consulted with the Commonwealth pursuant to 10 C.F.R. § 2.309(f)(3) through its counsel, Assistant Attorney General Matthew Brock. The Commonwealth of Massachusetts concurs in this arrangement, provided that the Commonwealth shall be the representative for its Contention.

3. NEC understands that the State of Vermont will adopt NEC's contentions. NEC has consulted with the State of Vermont, through its counsel, Sarah Hofinann. NEC concurs in this arrangement, provided that NEC shall be the representative for its Contentions.

4. NEC has standing to adopt and pursue the State of Vermont's and the Commonwealth of Massachusetts' Contentions. The standing declarations submitted in support of NEC's Contentions amply demonstrate standing for NEC's adoption of these Contentions. Further, NEC has the resources and expertise to pursue these Contentions in the event that a designated representative cannot.

WHEREFORE, NEC respectfully gives notice of, or alternatively moves to adopt the Contentions filed by the State of Vermont and the Commonwealth of Massachusetts.

June 5, 2006 New England Coalition, Inc.

by: P Ronald A. Shems Karen Tyler (on the memorandum)

SHEMS DUNKIEL KASSEL & SAUNDERS PLLC For the firm Attorneys for NEC 2

UNITED STATES NUCLEAR REGULATORY COMMISSION In the matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC) No. DPR-28 and ENTERY NUCLEAR OPERATIONS, INC. ) Docket NO. 50-271 Vermont Yankee Nuclear Power Station )

License Renewal Application )

NEW ENGLAND COALITION'S CERTIFICATION OF COUNSEL Undersigned counsel for the New England Coalition (NEC), pursuant to 10 C.F.R.

§ 2.323(b), hereby certifies that he has consulted with Sarah Hofinann, counsel for the State of Vermont, Department of Public Service and Assistant Attorney General Matthew Brock, counsel for the Commonwealth of Massachusetts and that all representations made in New England Coalition'sNotice ofAdoption of Contentions, or in the Alternative,Motion to Adopt Contentions (attached) are true and accurate.

I declare under penalty of perjury that the foregoing is true and correct. 28 U.S.C.

§ 1746.

June 5, 2006 _ I/*

Ronald A. Shems SHEMS DUNKIEL KASSEL & SAUNDERS PLLC

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of June, 2006, a copy of New England Coalition's Notice of Adoption of Contentions, or in the Alternative, Motion to Adopt Contentions, regarding the matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.,

Vermont Yankee Nuclear Power Station License Renewal Application, No. 50-271was sent by First Class U.S. Mail, postage prepaid, to:

Office of the Secretary of the Commission Raymond Shadis U.S. Nuclear Regulatory Commission New England Coalition Washington, D.C. 20555-0001 Shadis Road Attn: Rulemaking and Adjudications Staff P.O. Box 98 (also by e-mail) Edgecomb, ME 04556 Office of the General Counsel David L. Deen U.S. Nuclear Regulatory Commission Connecticut River Watershed Council Washington, D.C. 20555-0001 P.O. Box 206 (also by e-mail) Saxtons River, VT 05154 Mr. Terrence A. Burke Interested Persons:

Entergy Nuclear 1340 Echelon Parkway, MS M-ECN-62 Arnold Gunderson Jackson, MS 39213 376 Appletree Point Road Burlington, VT 05401 Sarah Hofinann, Esq.

Vermont Department of Public Service Secretary, New England Coalition Chittenden Bank Building P.O. Box 545 112 State Street - Drawer 20 Brattleboro, VT 05302 Montpelier, VT 05620-2601 David Mears, Esq.

Victoria J. Brown, Esq. Vermont Law School Gary L. Franklin, Esq. Chelsea Street, P.O. Box 96 Eggleston & Cramer, Ltd. Environmental Law Clinic 150 South Champlain Street So. Royalton, VT 05068-0096 P.O. Box 1489 Burlington, VT 05402-1489 By.

Ronald A. Shems SHEMS DUNKIEL KASSEL & SAUNDERS PLLC For the firm Attorneys for New England Coalition, Inc.

SHEMS DUNKIEL KASSEL & SAUNDERS P L L C RONALD A. SHEMS GEOFFREY H. HAND KAREN L. TYLER BRIAN S. DUNKIEL* ASSOCIATE ATTORNEYS ANDREW N. RAUBVOGEL JOHN B. KASSEL EILEEN I. ELLIOTT OF COUNSEL MARK A. SAUNDERS June 5, 2006 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Rulemaking and Adjudications Staff Via E-mail and First Class Mail Re: In the matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC and ENTERGY NUCLEAR OPERATIONS, INC., Vermont Yankee Nuclear Power Station License Renewal Application, Docket No. 50-271

Dear Sir or Madam:

Please find enclosed for filing in the above-stated matter New England Coalition's Notice of Adoption of Contentions, or in the Alternative, Motion to Adopt Contentions.

Thank you for your attention to this matter.

Ronald A. Shems Enclosures cc: see attached Certificate of Service 9 I COLLEGE STREET . BURLINGTON, VERMONT 05401 TEL 802 / 860 1003

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