ML062210035
| ML062210035 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 07/29/2006 |
| From: | Shems R New England Coalition, Shems, Dunkiel, Kassel, & Saunders, PLLC |
| To: | Elleman T, Karlin A, Richard Wardwell Atomic Safety and Licensing Board Panel, NRC/SECY/RAS |
| Byrdsong A T | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 12084 | |
| Download: ML062210035 (6) | |
Text
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SHEMS DUNKIEL KASSEL & SAUNDERS P L LC RONALD A. S.HEMS GEOFF H. HAND KAREN L. TYLER BRIAN S. DUNKIEL* ASSOCIATE ATTORNEYS ANDREW N. RAUBVOGEL JOHN B.KASSEL EILEEN I. ELLIOTT OF COUNSEL MARK A. SAUNDERS July 29, 2006 Administrative Judge DOCKETED USNRC Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel July 29, 2006 (11:51am)
U.S. Nuclear Regulatory Commission OFFICE OF SECRETARY Washington, DC 20555-0001 RULEMAKINGS AND E-mail: ask2@,nrc.gov ADJUDICATIONS STAFF Administrative Judge Thomas S. Elleman*
Atomic Safety and Licensing Board Panel 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: elleman(@eos.ncsu.edu Administrative Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocketanrc.gov 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 NEC Letter Motion re: 7/28/06 Entergy filing
Dear Judges Karlin,
Elleman and Wardwell, and Sir or Madam:
NEC respectfully requests immediate consideration of this letter. Please consider this letter as a motion.
01 COLLEGE STREET - BURLINGTON. VERMONT 05401 TEL DOZ/ I mO I OO13 - rY O02 BO 1200
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NEC's Letter Motion re: Entergy's 7/28/06 filing 2 On Friday afternoon, July 28, 2006, Entergy filed a significant amount of information in further answer to NEC's contentions and as amendments to its Application. Oral argument on the contentions is set for Tuesday and Wednesday, August 2-3, 2006 in Brattleboro, VT.
Entergy had already filed its Answer on June 22, 2006.
Entergy made no attempt to consult with NEC prior to its Friday filing.
Entergy's last-minute additional answer is highly inappropriate, and indeed, apparently timed to ensure that the Board and other parties would not be able to review and substantively respond to this additional answer to NEC's contentions prior to the August 2 oral argument.
NEC's lawyers (Karen Tyler and Ronald Shems) are both on vacation on Friday, July 28 through July 30, and are unable to print and review these filings. Likewise, the lawyers for the Vermont Department of Public Service (Sarah Hofrinann and Anthony Roisman, whose vacation schedules were discussed at the June 19, 2006 telephone conference) are away on vacation. The Vt. PSD adopted NEC's contentions. Much of Monday, July 31 will be consumed by travel and meetings with experts who will not have been able to review Entergy's further answer, hence precluding NEC's consideration of Entergy's further answer.
More importantly, NEC's experts are not able to review this further answer prior to oral argument. Dr. Ross Jones is away through August 6. All of NEC's preparation for oral argument with Dr. Jones was completed prior to Entergy's Friday afternoon filing. Much of Entergy's new information appears to further answer NEC's contention I which was formulated with Dr. Jones's expertise. Travel and timing prevent review, certainly meaningful review, by NEC's other experts.
Consideration of Entergy's new information as part of the August 2-3 oral argument would be highly prejudicial to NEC. Entergy's tactics should not be countenanced.
- NRC rules provide that Entergy's filing is illegal. 10 C.F.R. § 2.309(h)(3) (an answer may be filed within 25 days of a contention's filing, but "no other written answers or replies will be entertained."). Entergy's Friday filing must be struck. Under the guise of a motion to strike (JulylO, 2006), Entergy already filed an illegal sur-reply/answer to NEC's reply to Entergy's Answer. Further answer violates NRC procedures.
Alternatively, Entergy's filing of its further answer is aper se demonstration of a genuine dispute of material fact and law, that NEC's contentions are material to and within the scope of this proceeding, that sufficient statements of fact, law, and expert opinion were provided in support of the contentions, and that the contentions are otherwise admissible. 10 C.F.R. § 2.309 (f)(1). Entergy should be barred from opposing admission of NEC's contentions, and the contentions should be admitted without further argument. This would allow the Board and parties to fairly and properly consider Entergy's further answer as part of hearings on the merits of NEC's contentions (assuming that the information is appropriate to such consideration).
If neither of the above alternatives suits the Board, the August 2-3 oral argument should be continued. Indeed, the Application amendments, if appropriate, may warrant new contentions. Proceeding with argument now may be an unnecessary expenditure of time and resources.
0 I COLLEOG STREET
- BURLINGTON. VERMONT 05401 TEL o02 I 8e0 1003 - FAX ao-02 1 8e0 1 2oa - www.sdkslaw .com "Jh.o odf;td k, V. Dhukt 01 Coa.bb
NEC's Letter Motion re: Entergy's 7/28/06 filing 3 Time constraints and schedules (forced by Entergy's last-minute and illegal tactic) prevent a more formal motion supported by declaration and consultation. The undersigned has not been able to print and review Energgy's new filing and does not have the information necessary to contact the parties on a weekend to consult with them regarding this motion. This letter was prepared remotely from the undersigned's office.
Thank you very much.
Sincerely, 1sf/
Ronald A. Shems SHEMS DUNKIEL KASSEL & SAUNDERS, pile For the firm Attorney.; for NEC e: see attached certificate of service 91 COLLEGE STREET
- OURLINGTON. VERMONT 05401
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NEC's Letter Motion re: Entergy's 7/28/06 filing 4 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-LR LLC, and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of NEC's Letter Motion in the above-captioned proceeding have been served on the following by electronic mail on July 29, 2006, with copies by U.S. mail, first class, on July 31, 2006.
Administrative Judge Alex S. Karlin, Chair Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2(@nre.gov Administrative Judge Thomas S. Elleman*
Atomic Safety and Licensing Board Panel 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: elleman@eos.nesu.edu Administrative. Judge Richard E. Wardwell Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: rew(@nrc.gov Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OCAAmail(@nrc.gov 91 COLLEGE S3TREET
- BURLINGTON. VERMONT 05401 STEL 802 / 8o0 0 oo:, rAy 8o2 ' 880 I o28
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NEC's Letter Motion re: Entergy's 7/28/06 filing 5 Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: hearingdocket~nrc.gov 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; sch 1(@nre.gov Sarah Hofmann, Esq.*
Director of Public Advocacy-Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hofmannP-state.vt.us Diane Curran, Esq.*
Harmon, Curran, Spielberg
& Eisenberg, L.L.P.
1726 M Street, NW., Suite 600 Washington, DC 20036 E-mail: dcurran(@harmoncurran.com Callie B. Newton, Chair*
Gail MacArthur Lucy Gratwick Marcia Hamilton Town of Marlboro Selectboard P.O. Box 518.
Marlboro, VT 05344 E-mail: cbnewton(sover.net marcialynn(,evl .net Marcia Carpentier, Esq.
Jonathan M. Rund, Esq.
Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: mxc7('*nre.gov Jmr3(@nrc.gov 0 1 COLLEGE STREET BURLINGTON. VERMONT 0540 a TEL 602 1 880 1003 - FAX 02z i 2ot WwyJ.sdkstaw .com ZOo oAh.o.d*n*n.d t Dh.0IwktofCo.,.b4
NEC's Letter Motion re: Entergy's 7/28/06 filing 6 Anthony Z. Roisman, Esq.*
National Legal Scholars Law Firm 84 East Thetford Rd.
Lyme, NH 03768 E-mail: aroisman(@nationallegalscholars.com Matthew Brock, Esq.*
Assistant Attorney General Office of the Massachusetts Attorney General Environmental Protection Division One Ashburton Place, Room 1813 Boston, MA 02108-1598 E-mail: matthe&v.brock@ago.state.ma.us Dan MacArthur, Director*
Town of Marlboro Marlboro, VT 05344 E-mail: dmacarthur(aigc.org David R. Lewis, Esq.*
Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, DC 20037-1128 E-mail: david.Iewis(@pillsburvlaw.com matias.travieso-diaz(@pillsbur law.com Is/
Ronald A. Shems 9t COLLEGE STREET - BURLINGTON. VERMONT 05401 TEA os02 1e60 1003 . rAY o02 / scO I e0 *- www.sdkslw .com
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