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 )
- . )
ENTERGY NUCLEAR VERMONT YANKEE, LLC) Docket No: 50-271-LR and ENTERGY NUCLEAR OPERATIONS, INC. ) ASLB No.06-849-0'3-LR
)
(Vermont Yankee Nuclear Power Station) )
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 Ie e
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deadline. All other parties consent. See attached Declaration of Ronald Shems at ¶6.
January 24, 2006 New England Coalition by: kl---Alý-ý 1+-
Ronald A. Shemst Karen Tyler SHEMS DUNKIEL KASSEL & SAUNDERS PLLC For the firm Attorneys for NEC 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In re: ENTERGY NUCLEAR VERMONT YANKEE, LLC)
& ENTERGY NUCLEAR OPERATIONS, INC. )
) No. 50-271-LR (Vermont Yankee Nuclear Power Station) ) 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.
- 3. 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 ) DocketNo. 50-271 -LR and Entergy Nuclear Operations, Inc. ) *ASLBP No.- 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station)
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 Office of the Secretary Alex S. Karlin, Esq., Chairman Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: O-16C1 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: secv@nrc.gov; hearingdocketknrc.gov E-mail: ask2@nrc.gov Office of Commission Appellate Adjunction Administrative Judge Mail Stop: O-16C1 Thomas S. Elleman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 5207 Creedmoor Road, #101 Raleigh, NC 27612 Sarah Hofmann, Esq.
E-mail: ellemanri@eos.ncsu.edu Director of Public Advocacy Department of Public Service Administrative Judge 112 State Street, Drawer 20 Dr. Richard E. Wardwell Montpelier, VT 05620-2601 Atomic Safety and Licensing Board Panel E-mail: sarah.hoffmann@,state.vt.us Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Mitzi A. Young, Esq.
Washington, DC 20555-0001 Steven C. Hamrick, Esq.
E-mail: rew@nrc.gov 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. David R. Lewis, Esq.
Harmon, Curran, Spielberg & Eisenberg, LLP Matias F. Travieso-Diaz 1726 M Street NW, Suite 600 Pillsbury Winthrop Shaw Pittman LLP Washington, DC 20036 2300 N Street NW E-mail: dcurran@(harmoncurran.com Washington, DC 20037-1128 E-mail: david.lewis@pillsburylaw.com Callie B. Newton, Chair matias-travieso-diaz@pillsburylaw.com Gail MacArthur Lucy Gratwick Honorary Gregory B. Jaczko, Commissioner
.Marcia Hamilton Mail Stop 0-16 G15 Town of Marlboro Selectboard U.S. Nuclear Regulatory Commission P.O. Box 518 Washington, DC 20555 Marlboro, VT 05344 cmrjaczko@nrc.gov E-mail: cbnewtont@sover.net; marcialynn(evl .net Honorary Dale E Kline, Chairman Marcia Carpentier, Esq. Mail Stop 0-16 G15 Jonathan M. Rund, Esq. U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555 Mail Stop T-3 F23 chairman@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Honorary Peter B. Lyons, Commissioner E-mail mxc7@nrc.gov; Jmr3@nrc.gov Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Anthony Z. Roisman, Esq. Washington, D.C. 20555 National Legal Scholars Law Firm cmrlyons@nrc.gov 84 East Thetford Road Lyme, NH 03768 Honorary Jeffrey S. Merrifield, Commissioner E-mail: aroismangnationallegalscholars.com Mail Stop 0-16 G15 U.S. Nuclear Regulatory Commission Matthew Brock, Esq. Washington, D.C. 20555 Assistant Attorney General cnmrnerrifield@nrc.gov Office of the Massachusetts Attorney General Environmental Protection Division Honorary Edward McGaffigan Jr., Commissioner One Ashburton Place, Room 1813 Mail Stop 0-16 G15 Boston, MA 02108-1598 U.S. Nuclear Regulatory Commission E-mail: matthew.brock@ago.state.ma.us Washington, D.C. 20555 cmrmcgaffigan@nrc.org 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
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.