ML071720258
| ML071720258 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 06/21/2007 |
| From: | Elleman T, Karlin A, Richard Wardwell Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-849-03-LR, 50-271-LR, RAS 13793 | |
| Download: ML071720258 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RAS 13793 DOCKETED 06/21/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 06/21/07 Before Administrative Judges:
Alex S. Karlin, Chairman Dr. Richard E. Wardwell Dr. Thomas S. Elleman In the Matter of Docket No. 50-271-LR ENTERGY NUCLEAR VERMONT YANKEE, L.L.C., ASLBP No. 06-849-03-LR and ENTERGY NUCLEAR OPERATIONS, INC. June 21, 2007 (Vermont Yankee Nuclear Power Station)
ORDER (Granting NEC Motion for Extension of Time)
On June 5, 2007, Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (collectively, Entergy) filed a motion for summary disposition of the New England Coalitions (NECs) Contention 4.1 According to the provisions of 10 C.F.R. § 2.1205(b), answers to such a motion would ordinarily be due twenty days after the motion is filed, in this case on June 25, 2007. On June 18, 2007, NEC filed a motion to extend this deadline to July 16, 2007.2 In the motion, NEC noted the volume of disclosed material concerning this contention and the difficulty NECs expert is having in reviewing a large number of documents that have been provided in non-searchable formats. Id. at 1. On June 19, 2007, the Board issued an order directing other parties to file answers to this motion by June 20, 1
Entergys Motion for Summary Disposition of [NECs] Contention 4 (Flow Accelerated Corrosion) (June 5, 2007). See also Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station) LBP-06-20, 64 NRC 131, 192-96 (2006) (admitting NEC Contention 4).
2
[NEC] Motion to Extend Time for NECs Opposition to Entergys Motion for Summary Disposition of [NECs] Contention 4 (Flow Accelerated Corrosion) (June 18, 2007).
2 2007.3 Entergy filed an answer opposing the motion.4 The NRC Staff filed an answer opposing the motion or, alternately, requesting the same extension of time to file its answer.5 The Board hereby grants NECs motion for an extension of time, and sets a deadline of July 16, 2007, for NECs answer to Entergys motion for summary disposition. NEC has shown good cause for such an extension, as required by 10 C.F.R. § 2.307(a), and has filed its motion in accordance with the instructions in our Initial Scheduling Order in this case.6 The Board denies the NRC Staffs request for the same extension of time, on the ground that the Staff has not shown any independent reason for requiring such an extension.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD7
/RA/
Alex S. Karlin, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland June 21, 2007 3
Licensing Board Order (Setting Deadline for Answers to NEC Motion to Extend Time)
(June 19, 2007) (unpublished).
4 Entergys Response in Opposition to [NECs] Motion to Extend Time (June 20, 2007).
5 NRC Staff Answer to [NECs] Request for More Time to Reply to Motion for Summary Disposition of [NEC] Contention 4 (June 20, 2007).
6 Licensing Board Order (Initial Scheduling Order) (Nov. 17, 2006) at 9 (unpublished).
7 Copies of this order were sent this date by internet e-mail transmission to counsel for (1) licensees Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.;
(2) intervenors Vermont Department of Public Service and New England Coalition of Brattleboro, Vermont; (3) the Staff, and (4) the State of New Hampshire.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, LLC, )
)
and )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-271-LR
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (GRANTING NEC MOTION FOR EXTENSION OF TIME) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Alex S. Karlin, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard E. Wardwell Thomas S. Elleman Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 5207 Creedmoor Rd., #101 U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555-0001 Mitzi A. Young, Esq. Ronald A. Shems, Esq.
David E. Roth, Esq. Karen Tyler, Esq.
Mary C. Baty, Esq. Shems Dunkiel Kassel & Saunders, PLLC Office of the General Counsel 91 College Street Mail Stop - O-15 D21 Burlington, VT 05401 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
3 Docket No. 50-271-LR LB ORDER (GRANTING NEC MOTION FOR EXTENSION OF TIME)
Sarah Hofmann, Esq. Anthony Z. Roisman, Esq.
Director for Public Advocacy National Legal Scholars Law Firm Department of Public Service 84 East Thetford Rd.
112 State Street - Drawer 20 Lyme, NH 03768 Montpelier, VT 05620-2601 Matthew Brock, Esq. Diane Curran, Esq.
Assistant Attorney General Harmon, Curran, Spielberg, Office of the Massachusetts Attorney General & Eisenberg, L.L.P.
Environmental Protection Division 1726 M Street, NW, Suite 600 One Ashburton Place, Room 1813 Washington, DC 20036 Boston, MA 02108-1598 Callie B. Newton, Chair Dan MacArthur, Director Gail MacArthur Town of Marlboro Lucy Gratwick Emergency Management Town of Marlboro P.O. Box 30 SelectBoard Marlboro, VT 05344 P.O. Box 518 Marlboro, VT 05344 David R. Lewis, Esq. Peter C. L. Roth, Esq.
Matias F. Travieso-Diaz, Esq. Senior Assistant Attorney General Elina Teplinsky, Esq. State of New Hampshire Pillsbury Winthrop Shaw Pittman LLP Office of the New Hampshire 2300 N Street, NW Attorney General Washington, DC 20037-1128 33 Capitol Street Concord, NH 03301
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 21st day of June 2007