ML070310144
| ML070310144 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 01/24/2007 |
| From: | Tyler K New England Coalition, Shems, Dunkiel, Kassel, & Saunders, PLLC |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-271-LR, ASLBP 06-849-03-LR, RAS 12945 | |
| Download: ML070310144 (7) | |
Text
Was DOCKET5 DOCKETED USNRC January 24, 2007 (12:09pm)
UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Before the Commission In the matter of
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ENTERGY NUCLEAR VERMONT YANKEE, LLC)
Docket No: 50-271-LR and ENTERGY NUCLEAR OPERATIONS, INC.
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ASLB No.06-849-0'3-LR
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(Vermont Yankee Nuclear Power Station)
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CONSENT MOTION TO EXTEND DEADLINES FOR BRIEFING REGARDING ADMISSIBILITY OF NEW ENGLAND COALITION, INC.
CONTENTION 1 Pursuant to the Commission's Order of January 11, 2007, CLI-07-01, the parties are required to submit briefs supporting their positions on the admissibility of New England Coalition, Inc.'s (NEC). Contention 1 by tomorrow, January 25, 2007, and reply briefs by February 1, 2007. All parties have agreed to request a brief extension of these deadlines to January 29, 2007 for briefs, and February 5, 2007 for reply briefs. The main briefs shall be actually provided (via e-mail) to the Commission and parties on Monday, January 29, 2007 and the reply briefs seven days hence.
This request for extension is for good cause, as explained in the attached Declaration of NEC's counsel, Ronald Shems.
Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.'s consent to this motion is contingent upon the Commission's grant of the requested extension before the current January 25, 2007
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deadline. All other parties consent. See attached Declaration of Ronald Shems at ¶6.
January 24, 2006 New England Coalition kl---Alý-ý 1+-
by:
Ronald A. Shemst Karen Tyler SHEMS DUNKIEL KASSEL &
For the firm SAUNDERS PLLC Attorneys for NEC 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In re: ENTERGY NUCLEAR VERMONT YANKEE, LLC)
& ENTERGY NUCLEAR OPERATIONS, INC.
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No. 50-271-LR (Vermont Yankee Nuclear Power Station)
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CLI-07-01 DECLARATION OF RONALD A. SHEMS
- 1.
I am counsel for the New England Coalition (NEC)-and am authoring the brief in this matter that is due on Thursday, January 25, 2007.
The brief was ordered by the Commission pursuant to its sua sponte assumption of jurisdiction over the question of whether NEC's Contention 1 was properly admitted.
- 2.
My wife (who also works full time) and two of my three children have strep throat. Our two-year-old boy also has a stomach bug.
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Our child care provider has not been available to us yesterday and likely for the remainder of the week because her child is also sick.
- 4.
My wife works full time and because of particular commitments and extended hours is not available to assist in child care for the time needed to complete the brief.
- 5.
I am a partner in a small firm. We have ten lawyers, two of which are of counsel. None of the other lawyers are available to write this brief. Further, I drafted Contention 1 and all related filings. I am the only person in the firm that worked with our expert on this issue. I also argued Contention 1 before the ASLB. I am the only person in the firm with the factual background necessary to write the brief.
- 6.
I have consulted with David Lewis attorney for licensee/applicant Entergy; Steven Hamrick, NRC staff attorney; Sarah Hofmann, attorney for the State of Vermont; and New Hampshire Assistant Attorney General Jennifer Patterson. They all consent to an enlargement of time until and through Monday, January 29, 2007.. The briefs shall be actuallyprovided (via e-mail) to the Commission and parties on Monday, January 29, 2007.
Pursuant to 28 U.S.C. §.1,746'; I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Ronald A. Shams Executed on January 24th, 2007 nal__ A.__,_s____,,_._,___
Ronald A., Shems 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(Vermont Yankee Nuclear Power Station)
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DocketNo. 50-271 -LR
- ASLBP No.- 06-849-03-LR CERTIFICATE OF SERVICE;
- I, Clara Cavitt, hereby certify that copies of a CONSENT MOTION TO EXTEND DEADLINES FOR BRIEFING REGARDING ADMISSIBILITY; OF NEW ENGLAND COALITION, INC. CONTENTION 1 inthe above-captioned proceeding were served on the persons listed below, by U.S. Mail, first class, postage prepaid; by Fed Ex overnight to Judge Elleman; and, where indicated by an e-mail address below, by electronic mail, on the 24th day of January, 2007.
Administrative Judge Alex S. Karlin, Esq., Chairman Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ask2@nrc.gov Administrative Judge Thomas S. Elleman Atomic Safety and Licensing Board Panel 5207 Creedmoor Road, #101 Raleigh, NC 27612 E-mail: ellemanri@eos.ncsu.edu Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 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: secv@nrc.gov; hearingdocketknrc.gov Office of Commission Appellate Adjunction Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Sarah Hofmann, Esq.
Director of Public Advocacy Department of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 E-mail: sarah.hoffmann@,state.vt.us Mitzi A. Young, Esq.
Steven C. Hamrick, Esq.
Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: may@nrc.gov; schl@pnrc.gov
Diane Curran, Esq.
Harmon, Curran, Spielberg & Eisenberg, LLP 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: cbnewtont@sover.net; marcialynn(evl.net Marcia Carpentier, Esq.
Jonathan M. Rund, Esq.
Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail mxc7@nrc.gov; Jmr3@nrc.gov Anthony Z. Roisman, Esq.
National Legal Scholars Law Firm 84 East Thetford Road Lyme, NH 03768 E-mail: aroismangnationallegalscholars.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: matthew.brock@ago.state.ma.us Dan MacArthur, Director
, Town of Marlboro Emergency Management P.O. Box 30 Marlboro, VT 05344 E-mail: dmacarthurgigc.org Jennifer J. Patterson, Esq.
Office of the New Hampshire Attorney General 33 Capitol Street Concord, NH- 03301 E-mail: Jennifer.patterson@doj.nh.gov David R. Lewis, Esq.
Matias F. Travieso-Diaz Pillsbury Winthrop Shaw Pittman LLP 2300 N Street NW Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com matias-travieso-diaz@pillsburylaw.com Honorary Gregory B. Jaczko, Commissioner Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Washington, DC 20555 cmrjaczko@nrc.gov Honorary Dale E Kline, Chairman Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 chairman@nrc.gov Honorary Peter B. Lyons, Commissioner Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 cmrlyons@nrc.gov Honorary Jeffrey S. Merrifield, Commissioner Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 cnmrnerrifield@nrc.gov Honorary Edward McGaffigan Jr., Commissioner Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 cmrmcgaffigan@nrc.org
SHEMS DUNKIEL KASSEL & SAUNDERS, PLLC by:
Clara Cavitt; Administrative Assistant for Ronald A. Shems Karen Tyler 91 College Street Burlington, VT 05401 802 860 1003 802 860 1208 (fax) rshemsWsdkslaw.com ktyler~sdkslaw.com Attorneys: fo*r New England Coalition, Inc.