ML061920530
| ML061920530 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 07/03/2006 |
| From: | Doris Lewis Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 11947 | |
| Download: ML061920530 (4) | |
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iWAS I1t1qq July 3, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board DOCKETED USNRC July 3, 2006 (11:09am)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of
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Entergy Nuclear Vermont Yankee, LLC
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Docket No. 50-271 -LR and Entergy Nuclear Operations, Inc.
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ASLBP No. 06-849-03-LR
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(Vermont Yankee Nuclear Power Station)
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ENTERGY'S ANSWER TO NEC'S MOTION FOR LEAVE TO FILE A REPLY Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(hereinafter collectively referred to as "Entergy") hereby answer and oppose "NEC's Motion for Leave to File a Reply to NRC Staff Answer to New England Coalition's Notice and Motion to Adopt Contentions; To Entergy's Answer to New England Coalition's Notice and Motion to Adopt Contentions; and To Entergy's Answer to Vermont Department of Public Service's Notice and Motion to Adopt Contentions," dated June 22, 2006 ("NEC Motion"). A reply to Entergy's answers is neither authorized nor justified.'
NEC's request for leave to file a reply to Entergy's Answer to the Vermont Department of Public Service's Notice and Motion to Adopt Contentions is barred. 10 C.F.R. § 2.323(c) only allows the "moving party" to request leave to file a reply. Thus, the NRC rules do not allow NEC to file a reply to an answer to another party's motion.
Entergy also believes that NEC's request to reply to the NRC Staff's answer is unjustified, but limits this answer to the requests pertaining to Entergy's pleadings.
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NEC's request for leave to file a reply to Entergy's Answer to New England Coalition's Notice and Motion to Adopt Contentions should be denied because NEC has not demonstrated compelling circumstances for this request. 10 C.F.R. § 2.323(c) states that permission to file a reply may only be granted where the moving party demonstrates compelling circumstances, such as where the moving party demonstrates that it could not reasonably have anticipated the arguments to which it seeks leave to reply. NEC claims that it could not reasonably have anticipated Entergy's argument concerning the need to demonstrate compliance with the late-filing criteria. However, in opposing a motion by NEC to adopt contentions in the uprate proceeding, Entergy also argued that NEC was obligated to address the late-filing criteria. See Entergy's Response to New England Coalition's Motion to Recognize Incorporation by Reference of the DPS Contentions and NEC's Right to Receive Discovery on DPS Contentions, Docket No. 50-271, ASLBP No. 04-832-02-OLA (Feb. 4,2005). Further, the provisions in 10 C.F.R. § 2.309(c) and (f)(2) governing a party's request to add contentions after the initial filing are clear on their face. Thus, NEC's claim is without merit.
For all of the foregoing reasons, NEC's Motion should be denied.
Respectfully Submitted, David R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1128 Tel. (202) 663-8474 David.Lewis@Pillsburylaw.com Counsel for Entergy Dated: July 3, 2006 2
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensirng 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-LR ASLBP No. 06-849-03-LR CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Answer to NEC's Motion to File a Reply" dated July 3, 2006, were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 3d day of July, 2006.
- Administrative Judge Alex S. Karlin, Esq., Chairman Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 ask2@nrc.gov
- Administrative Judge Dr. Thomas S. Elleman Atomic Safety and Licensing Board 5207 Creedmoor Road, #101, Raleigh, NC 27612.
tse@nrc.gov; elleman@eos.ncsu.edu; Office of Commission Appellate Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 rew@nrc.gov
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 3
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- Mitzi A. Young, Esq.
- Steven C. Hamrick, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 may@nrc.gov; schl@nrc.gov
- Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 aroisman@nationallegalscholars.com
- Diane Curran, Esq.
Harmon, Curran, Spielberg &Eisenberg, LLP 1726 M Street, N.W., Suite 600 Washington, D.C. 20036 dcurran@harmoncurran.com
- Mr. Dan MacArthur Director, Emergency Management P.O. Box 30 Marlboro, VY 50344 dmacarthur@igc.org
- Sarah Hofmann, Esq.
Director of Public Advocacy Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 Sarah.hofinann@state.vt.us
- Ronald A. Shems, Esq
- Kareb Tyler, Esq.
Shems, Dunkiel, Kassel & Saunders, PLLC 9 College Street Burlington, VT 05401 rshems@sdkslaw.com ktyler@sdkslaw.com
- Matthew Brock, Esq.
Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place Boston, MA 02108 Matthew.brock@ago.state.ma.us
- Callie B. Newton, Chair Gail MacArthur Lucy Gratwick Town of Marlboro Selectboard P.O. Box 518 Marlboro, VT 05344 marcialynn@evl.net; cbnewton@sover.net David R. Lewis 4
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