ML061870352
| ML061870352 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 06/26/2006 |
| From: | Shadis R New England Coalition |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-OLA, ASLBP 04-832-02-OLA, RAS 11921 | |
| Download: ML061870352 (6) | |
Text
June 26, 2006 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION July 5,2006 (11:41am)
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of
)
ADJUDICATIONS STAFF
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ENTERGY NUCLEAR VERMONT YANKEE,)
Docket No. 50-271-OLA LLC and ENTERGY NUCLEAR
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OPERATIONS, INC.
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ASLBP No. 04-832-02-OLA
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(Vermont Yankee Nuclear Power Station)
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NEW ENGLAND COALITION'S MOTIONS IN LIMINE In accordance with the Atomic Safety and Licensing Board's ("Board") Order of April 13, 2006, New England Coalition herein respectfully files the following motions at the onset of consideration of testimony and evidence to be relied on at hearing.
I. THE MOTIONS A.
New England Coalition respectfully moves exclusion of the testimony of Entergy Nuclear Vermont Yankee's witness, Mr. Craig Nichols, in all areas pertaining to New England Coalition Contention 3 except for those questions having to do with electrical engineering or nuclear power plant technical personnel management.
According to Curriculum Vitae filed with Entergy's Initial Written Statement of Position on May 17, 2006, Mr. Nichols appears to be qualified as an expert in electrical engineering in as much as he holds a Bse degree in electrical engineering. And according to the same source, He is evidently qualified to speak as an expert on the management of nuclear power plant technical personnel because of his long experience and large responsibilities in that arena, including overall management of the Entergy Nuclear Vermont Yankee ("ENVY") extended power uprate Iv n
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("EPU". Nothing in Mr. Nichols' indicates more than entry-level education, training, or experience in thermal-hydraulics("T-H"), strength of materials, T-H code design or any of the other highly specialized disciplines necessary to determine appropriate substitution for full transient testing. Therefore New England Coalition respectfully moves that all such testimony be stricken or, in the alternative, be accorded only the weight of non-expert, witness-of-events, testimony.
B.
New England Coalition respectfully moves that the Board order, as a matter of fairness, that Entergy provide to New England, as promptly as practicable, non-proprietary versions of all documents upon which Entergy intends to rely at hearing. In the Board and parties conference call of June 20, 2006 (transcript not yet posted), Entergy complained that such production would be burdensome at this late date. However, Entergy's display is simply willful and unsupported by fact or reason. Entergy has known of its obligation from at least the beginning of early 2005 at the onset of document production and this apprehension suffered only a brief hiatus from the conference call of May 23, 2006 when New England Coalition sincerely thought and let it be known that it could sign protective agreements until June 2, 2006 when New England Coalition informed the parties that, for good reason, it could not sign. Therefore, reinstitution of this fair and reasonable requirement carries with it the scheduling pressure of only 12 days. Surely, much more than the person-hour required to screen this material has been freed up by the exit of the Vermont Public Service Board from this case and from Entergy's workload. In the alternative, should the motion for the requested order be denied, New England Coalition respectfully requests that the Board review the documents that Entergy has listed as proprietary in order to determine the authenticity of the proprietary claims and the relative difficulty or ease with which such proprietary material might be expurgated.
3 C.
New England Coalition respectfully Moves the Board to consider extending the schedule for filing additional supporting information until Adjust 1, 2006. The Coalition reasons that the original schedule was with two intervenors and the withdrawal of one a more lenient schedule may be adopted without any new or added burden. Further, with the recent statements of position and supplemental filings, the parties are now better position to understand each other's positions and provide more responsive material to assist the Board in building a very sound record.
- 11. Conclusion New England Coalition respectfully requests an opportunity to Reply to any Responses that may be forthcoming regarding the above motions in limine. Further, New England Coalition respectfully suggests that the Board consider providing an opportunity for oral argument as a reasonable expeditious substitute for both written Response and Reply.
Respectfully submitted, Raymond Shadis Pro Se Representative New England Coalition Post Office Box 98 Edgecomb, Maine 04556 207-882-7801 shadis@prexar.com Dated at Brattleboro, Vermont this 26'h day of June, 2006
+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)
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Docket No. 50-271-OLA ASLBP No. 04-832-02-OLA CERTIFICATE OF SERVICE I hereby certify that copies of "NEW ENGLAND COALITION'S MOTIONS IN LIMINE 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 2 6 th day of June 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 Mail Stop: O-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.**
Marcia Carpentier Matias Travieso-Diaz, Esq.**
Law Clerk
Pillsbury Winthrop Shaw Pittman, LLP Atomic Safety and Licensing Board 2300 N St., NW Panel Washington, DC 20037-1128 Mail Stop: T-3F23 E-mail: jay.silberg@pillsburylaw.com U.S. Nuclear Regulatory Commission matias.travieso-diaz@pillsburylaw.com Washington, DC 20555-0001 Jonathan M. Rund, Esq.**
Sherwin E. Turk, Esq.**
Law Clerk Richard Ennis, Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Mail Stop 0-15 D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission (E-mail: jmr3@nrc.gov)
Washington, DC 20555-0001 set@nrc.gov, Raymond Shadis Pro Se Representative New England Coalition Post Office Box 98, Edgecomb, Maine 04556 207-882-7801 shadis@prexar.com r-
UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of June 26, 2006 ENTERGY NUCLEAR VERMONT YANKEE, LLC Docket No. 50-271 and ENTERGY NUCLEAR OPERATIONS, INC.
(Vermont Yankee Nuclear Power Station)
ASLBP No. 04-832-02-OLA Office of the Secretary ATTN: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Dear Rulemaking and Adjudications Staff,
Please find for filing in the above captioned matter one original and two copies of NEW ENGLAND COALITION'S MOTIONS IN LIMINE 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 shadis@prexar.com