ML062860146

Entergy'S Unopposed Motion to Defer Initial Disclosures

ML062860146
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	10/02/2006
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 12358
Download: ML062860146 (4)

Text

"Rtq5 A3 6--9 October 2, 2006 UNITED STATES OF AMERICA DOCKETED NUCLEAR'REGULATORY COMMISSION USNRC October 2, 2006 (9:21am)

Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of )ADJUDICATIONS STAFF

)

Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271-LR and Entergy Nuclear Operations, Inc. ) ASLBP No. 06-849-03-LR

)

(Vermont Yankee Nuclear Power Station) )

ENTERGY'S UNOPPOSED MOTION TO DEFER INITIAL DISCLOSURES Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

(hereinafter collectively referred to as "Entergy"), with the consent of the other parties,1 hereby moves the Atomic Safety and Licensing Board ("Board") to defer all initial disclosures required by 10 C.F.R. § 2.336 and the NRC Staff's provision of the hearing file required by 10 C.F.R. § 2.1203 until after disposition of a petition for interlocutory review of the Board's ruling admitting NEC Contention 1, which Entergy intends to file within the period allowed by 10 C.F.R. § 2.341. To avoid scheduling and logistical complications that would arise if the parties were required to provide initial disclosures on various contentions at different times, the parties have agreed to defer the disclosure obligations of all of the parties, on all of the admitted contentions, as well as the NRC Staff's provision of a hearing file, until after the planned appeal is resolved.

The other parties are the New England Coalition (NEC), the Vermont Department of Public Service (DPS), and the NRC Staff.

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The Board may approve this alteration of the schedule pursuant to 10 C.F.R. §§ 2.319(k),

2.332(c), and 2.336(a). The deferral of the disclosure and hearing file obligations would not preclude voluntary disclosures by any party during the deferral period.

In accordance with 10 C.F.R. § 2.323(b), Entergy has consulted with the other parties on this scheduling matter and obtained their consent to the motion. NEC's consent to this motion does not constitute consent to the interlocutory appeal.

Respectfully Submitted, David R. Lewis Matias Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Tel. (202) 663-8474 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Dated: October 2, 2006 2

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensinz Board In the Matter of )

)

Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-271-LR 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 "Entergy's Unopposed Motion to Defer Initial Disclosure Obligations" dated October 2, 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 2 nd day of October, 2006.

• Administrative Judge *Administrative Judge Alex S. Karlin, Esq., Chairman Dr. Richard E. Wardwell Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 ask2@nrc.gov rew@nrc.gov

• Administrative Judge *Secretary Dr. Thomas S. Elleman Att'n: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop 0-16 Cl 5207 Creedmoor Road, #101, U.S. Nuclear Regulatory Commission Raleigh, NC 27612. Washington, D.C. 20555-0001 tse@nrc.gov; elleman@eos.ncsu.edu; secy@nrc.gov; hearingdocket@nrc.gov Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 Cl Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 400463665vi

• Mitzi A. Young, Esq. *Sarah Hofmann, Esq.

• Steven C. Hamrick, Esq. Director of Public Advocacy Office of the General Counsel Department of Public Service Mail Stop 0-15 D21 112 State Street - Drawer 20 U.S. Nuclear Regulatory Commission Montpelier, VT 05620-2601

-- Washington, D_,C,20555-0001 .... -.. Sarah.hofmann@ state.vlt.us.............

may@nrc.gov; schl@nrc.gov

• Anthony Z. Roisman, Esq. *Ronald A. Shems, Esq

• Karen Tyler, Esq.

National Legal Scholars Law Firm 84 East Thetford Road Shems, Dunkiel, Kassel & Saunders, PLLC Lyme, NH 03768 9 College Street aroisman@nationallegalscholars.com Burlington, VT 05401 rshems@sdkslaw.com ktyler@sdkslaw.com David R. Lewis 2

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