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Category:Legal-Motion
MONTHYEARML18348A9852018-12-14014 December 2018
New England Coalition'S Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene
ML18071A4142018-03-12012 March 2018
Amended Motion to Hold in Abeyance Action on New England Coalition'S Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal
ML17164A2682017-06-13013 June 2017
Attachment Two - Five E-mails Tracing Efforts on June 9, 2017 to File a Request for an Extension of Time
ML17164A2382017-06-13013 June 2017
Resubmitted Request for Extension of Time to File Request for Hearing and Petition for Leave to Intervene
ML17164A2392017-06-13013 June 2017
Request for Leave to Reply and Reply to Applicants' Response to New England Coalition'S Request for Extension
ML16005A6232016-01-0505 January 2016
Unopposed Motion by the States for an Enlargement of Time to File an Answer to Entergy Motion to Strike the States Reply
ML15362A5192015-12-28028 December 2015
Entergy Motion to Strike Impermissible December 17, 2015 Reply Filed by the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire
ML15362A4902015-12-28028 December 2015
Motion to Strike Portions of December 17, 2015, Reply Filed by the State of Vermont, Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation
ML15299A2602015-10-26026 October 2015
NRC Staff Motion to Vacate LBP-15-24
ML15286A4422015-10-13013 October 2015
Entergy Motion for Leave to File Reply and Reply Re Motion to Withdraw LAR
ML15275A3222015-10-0202 October 2015
Staff Answer to Motion to Withdraw
ML15271A3112015-09-23023 September 2015
Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15
ML15265A5832015-09-22022 September 2015
Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request
ML15265A5862015-09-22022 September 2015
Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24
ML15260B2782015-09-17017 September 2015
Joint Motion on Mandatory Disclosures and Schedule
ML15201A1752015-07-20020 July 2015
Joint Proposed Corrections to Oral Argument Transcript Held on July 7, 2015
ML15072A4622015-03-13013 March 2015
Entergy Answer Opposing State of Vermont'S Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration
ML14352A2082014-12-18018 December 2014
NRC Staff Answer to State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument
ML12088A0852012-03-15015 March 2012
Fed Respondents Opposition to Motion to Strike No.11-1168 and 11-1177 (Consolidated)
ML12067A0892012-03-0707 March 2012
State of Vermont Motion to Strike, Petitioners' Motion to Strike Four Extra-Record References Contained in Respondents' Recently Filed Amended Certified Index of the Record and in Respondents' and Interveners Briefs
ML12066A1772012-03-0606 March 2012
Petitioners Motion to Strike Amended Cert 11-1168
ML1107703932011-03-10010 March 2011
Motion to Stay Any and All Final Commission Decisions in the Matter of 50-271 Lr and Request for Hearing on Entergy License Renewal Application Amendments
Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review2010-12-30030 December 2010
New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19
Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-2010-12-30030 December 2010
New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19
ML1027204012010-09-23023 September 2010
Entergy'S Motion to Strike the Declaration of Paul Blanch
ML1025800092010-09-14014 September 2010
NRC Staff'S Opposition to New England Coalition'S Motion to Reopen the Hearing and Answer to Proposed New Contention and Affidavit of Roy K. Mathew
ML1024200422010-08-20020 August 2010
New England Coalition'S Motion to Reopen the Hearing and for the Admission of New Contentions
ML1006304252010-03-0202 March 2010
New England Coalition'S Petition for Review of Licensing Board'S Full Initial Decision
ML0921509462009-08-0303 August 2009
NRC Staff'S Answer to Nec'S Petition for Review of the Licensing Board'S Full Initial Decision, LBP-09-09
ML0917405782009-06-15015 June 2009
New England Coalition'S Request for Leave to Reply to Entergy'S Answer to Nec'S Request for Extension of Time to Reply to Entergy NRC Staff Oppositions to New England Coalition'S Motion for Leave to File a Timely New Contention
ML0916702672009-06-10010 June 2009
Entergy'S Oppositions to Nec'S Request for an Ex-Post-Facto Extension of Time to File a Reply to the NRC Staff and Entergy'S Oppositions to Nec'S Motion to File a Timely New Contention
ML0916000212009-06-0808 June 2009
Vermont Yankee - NRC Staff'S Answer to Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0916101422009-06-0202 June 2009
Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff and Entergy Oppositions to Nec'S Motion to File a Timely New Contention
ML0913907852009-05-19019 May 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to File a New Contention
ML0912100122009-04-30030 April 2009
NRC Staff'S Answer in Opposition to NEC Motion to Hold in Abeyance Action on Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0912005142009-04-24024 April 2009
New England Coalition, Inc.'S Motion for Leave to File a Timely New Contention and Motion to Hold in Abeyance Action on This Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report
ML0906800032009-03-0606 March 2009
Oyster Creek - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty
ML0906800082009-03-0606 March 2009
Vermont Yankee - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty
ML0907711412009-03-0606 March 2009
New England Coalition'S Motion to Alter or Amend the Schedule in the Above Captioned Proceeding
ML0902601102009-01-26026 January 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to Reply
ML0903501142009-01-25025 January 2009
Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Energy'S Confirmatory Cufen Analyses
ML0903606582009-01-23023 January 2009
Entergy'S Opposition to New England Coalition'S Motion for Leave to Reply
ML0903001122009-01-14014 January 2009
New England Coalition'S Motion for Leave to Reply to NRC Staff and Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.'S Answers to New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial
ML0900800242009-01-0707 January 2009
Vermont Yankee - NRC Staff'S Answer in Opposition to New England Coalition'S Motion for Reconsideration and Notice of Withdrawal of Jessica Bielecki
ML0835900532008-12-23023 December 2008
Vermont Yankee - NRC Staff'S Reply to Nec'S Answer to NRC Staff'S Petition for Review of LBP-08-25
ML0835900722008-12-23023 December 2008
Vermont Yankee - NRC Staff'S Reply to Motion to Submit Brief Amicus Curiae
ML0900202572008-12-19019 December 2008
Motion for Leave by the States of New York and Connecticut, Et. Al., to Submit Brief Amici Curiae in Opposition to Staff'S Petition for Review and in Support of Intervenors State of Vermont and the New England Coalition
ML0901603582008-12-17017 December 2008
New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial Initial Decision
ML0836593462008-12-15015 December 2008
New England Coalition, Inc.'S Motion for a Second Extension of Time in Which to File a Motion for Reconsideration
ML0835304522008-12-12012 December 2008
the State of New York, V USNRC and Entergy Nuclear Operations Inc; 08-3903-ag(L)/08-4833-ag(CON) - Motion Out of Time
2018-03-12
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Text
January 18,2007 UNITED STATES OF AMERICA DOCKETED USNRC NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board January 18, 2007 (4:OOpm)
OFFICE OF SECRETARY In the Matter of 1 RULEMAKINGS AND ADJUDICATIONS STAFF 1
Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-27 1-LR and Entergy Nuclear Operations, Inc. 1 ASLBP No. 06-849-03-LR 1
(Vermont Yankee Nuclear Power Station) )
ENTERGY'S MOTION TO STAY FURTHER PROCEEDINGS ON NEW ENGLAND COALITION'S MOTION TO COMPEL On January 16, 2007, New England Coalition, Inc. ("NEC") filed its "Motion to Compel"
("NEC's Motion") seeking that the Atomic Safety and Licensing Board ("Board") compel the production of certain documents withheld from disclosure on privilege grounds by Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. ("Entergy") in this proceeding. Responses to NEC's Motion are due on January 3 1,2007.'
All the documents subject to NEC's Motion relate to NEC Contention 1, which alleges that Entergy's Environmental Report failed to sufficiently assess the environmental impacts of increased thermal discharges into the Connecticut River over the twenty-year license extension period. Entergy has sought interlocutory Commission review of the Board's decision to admit this contention for litigation and the review has been granted. CLI-07-01 (January 11, 2007).
The parties are required to submit briefs supporting their positions on the admissibility of NEC's 1
NEC's Motion is supported by fifteen exhibits, Exhibits 1 through 15. NEC's Motion at 1. These exhibits were not served electronic but by mail. Therefore, responses to the motion are due fifteen days after senrice. 10 C.F.R.
$ 2.306.
Contention 1 within 14 days of the Commission's order, and submit reply briefs within 7 days thereafter. Id.at 2.
Given the ongoing Commission review of the admissibility of NEC's Contention 1 and the likelihood of a Commission ruling on the issue in the near future, Entergy submits that it would be a misallocation of the parties' resources and those of the Board to address NEC's Motion at the present time. Accordingly, we request that the Board stay further proceedings relating to NEC's Motion (including the parties filing responses to the motion, and the Board ruling on the motion) until 10 days after the Commission has ruled on the admissibility of NEC Contention 1.2 In the meantime, Entergy will continue to produce discoverable documents relevant to NEC's Contention 1.
In accordance with 10 C.F.R. 5 2.323(b), Entergy has contacted NEC and made sincere attempts to resolve the issue raised by this motion, and those attempts have been unsuccessful.
Respectfully Submitted, r,
/BaGd R. Lewis Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, DC 20037-1 128 Tel. (202) 663-8 142 Counsel for Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc.
January 18,2007
' Such a stay would allow Entergy to consider the possibility of providing redacted versions of some of the documents whose production NEC seeks. For example, Category 4 of the documents covered by NEC's Motion seeks production of "articles" on "research regarding fisheries." NEC's Motion at 1. Those articles are protected by work product privilege because they contain marginal notations by non-testifying consultants or are materials downloaded from the Internet highlighting the search strategy of the attorney or consultant, and thus reflecting their mental impressions and legal theories. Entergy may provide redacted versions of the articles with the privileged notations removed.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of Entergy Nuclear Vermont Yankee, LLC ) Docket No. 50-27 1-LR and Entergy Nuclear Operations, Inc. ASLBP No. 06-849-03-LR 1
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Motion to Stay Further Proceedings on New England Coalition's Motion to Compel" dated January 18,2007, were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, or with respect to Judge Elleman by overnight mail, and where indicated by an asterisk by electronic mail, this 18th'~day of January, 2007.
- 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 - 1 6 C1 5207 Creedmoor Road, #101, U.S. Nuclear Regulatory Commission Raleigh, NC 276 12. Washington, D.C. 20555-000 1 tse@nrc.gov; elleman@eos.ncsu.edu secy@nrc.gov, hearinadocketOnrc.aov Office of Commission Appellate Adjudication Atomic Safety and Licensing Board Mail Stop 0 - 1 6 C 1 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
- 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 D2 1 112 State Street - Drawer 20 U. S. Nuclear Regulatory Commission Montpelier, VT 05620-2601 Washington, D.C. 20555-000 1 Sarah.hofmann@state.vt.us may@nrc.gov; schl @nrc.gov "Anthony Z. Roisman, Esq. *Ronald A. Shems, Esq.
National Legal Scholars Law Firm *Karen Tyler, Esq.
84 East Thetford Road Shems, Dunkiel, Kassel & Saunders, PLLC Lyrne, NH 03768 9 College Street aroisman~,nationalle~alscholars.con~ Burlington, VT 05401 rshems@,sdkslaw.com ktyler@sdkslaw.com
- Jennifer J. Patterson, Esq.
Senor Assistant Attorney General Environmental Protection Bureau 33 Capitol Street Concord, NH 0330 1 Jennifer.Patterson@doj .nh.gov
/
1 -I Matias F. Travieso-Diaz
