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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
August 6, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-LR LLC, and ENTERGY NUCLEAR )
OPERATIONS, INC. ) ASLBP No. 06-849-03-LR
)
(Vermont Yankee Nuclear Power Station) )
NRC STAFF ANSWER TO NEC MOTION TO FILE SUPPLEMENTAL AUTHORITY INTRODUCTION In accordance with 10 C.F.R. § 2.323(c), the NRC Staff (Staff) herein answers New England Coalition, Inc.s (NEC) Motion to File Supplemental Authority In Support of NEC Opposition to NRC Staff Motion to Strike NEC Response to NEC Staffs Summary Disposition Answer (Motion). For the reasons set forth below, the Staff opposes NECs motion because NEC supplemental authority is taken out of context, has no precedential effect, and does not support NECs position.
DISCUSSION On May 18, 2007, without first seeking permission from the Board, NEC filed a response to the Staffs answer to Entergys April 19, 2007 motion for summary disposition. See New England Coalition, Inc.s (NEC) Response to NRC Staffs Answer in Support of Entergys Motion for Summary Disposition of New England Coalition Contention 3 (Steam Dryer) (NEC Response). On May 29, 2007, the Staff filed a motion to strike NECs answer. See NRC Staff Motion to Strike NEC Response to NRC Staffs Summary Disposition Answer (Motion to Strike). On June 8, NEC filed New England Coalition, Inc.s (NEC) Opposition to Staff Motion to Strike NEC Response to NRC Staffs Summary Disposition Answer (NEC Opposition). On
July 25, 2007, NEC filed the instant motion to add authority in support of its opposition to the Staffs motion to strike.1 In the instant motion NEC requests that the Board consider the discussion in a selected portion of footnote 14 on pages 15-16 of Memorandum and Order (Denying AmerGens Motion to Summary Disposition) (June 19, 2007) (unpublished) as supplemental authority supporting its opposition to the Staffs motion to strike. NEC omitted a critical detail that in footnote 14, the Board expressly stated that it did not need to rule on whether replies to answers to motions for summary disposition are authorized in Subpart L proceedings. Moreover, the Board noted that the Staffs argument that 10 C.F.R. § 2.1205 does not authorize replies has merit. Thus, footnote 14 as a whole does not support NECs opposition to the Staffs motion to strike.
Footnote 14 has no precedential effect either in this proceeding or in the Oyster Creek proceeding. Since the Oyster Creek Board did not resolve the issue it has no precedential effect in that proceeding. In this proceeding it has no precedential effect because licensing board decisions are only precedential in the proceeding in which they are issued. See Sequoyah Fuels Corp. (Source Material License No. SUB-1010), CLI-95-2, 41 NRC 179, 189-90 (1995). See also Baltimore Gas & Elec. (Calvert Cliffs Nuclear Power Plant Units 1 & 2), CLI-98-25, 48 NRC 325, 343 n.3 ([U]nreviewed Board rulings do not constitute binding precedent or binding law at this agency.). Therefore, footnote 14 is not authoritative.
The Staff moved to strike NECs Response not only because it is not authorized by
§ 2.1205(c) and NEC did not obtain leave from the Board to file a response, but because NEC did not confine its response to new facts or arguments in the Staffs Answer. In large part, NECs Response made arguments addressing facts presented by Entergy in its motion for 1
NECs motion is not timely. Pursuant to 10 C.F.R. § 2.323(a), motions must be made no more than 10 days after the occurrence or circumstance giving rise to the motion. NECs Supplement Authority is dated June 19, 2007 and was available through the NRCs Agencywide Documents Access and Management System (ADAMS) by June 22, 2007.
summary disposition. See Motion to Strike at 2 and n.1. Even in Subpart G proceedings, parties are only allowed to respond to new facts and arguments presented in support of a motion for summary disposition. See 10 C.F.R. 2.710(a). Thus, NECs Response was not authorized under either § 2.1205(c) or § 2.710(a). Neither section entitles NEC to a second opportunity to respond to a motion for summary disposition.
CONCLUSION For the reasons discussed above, the Staff opposes NECs Motion.
Respectfully submitted,
/RA/
Lloyd B. Subin Counsel for NRC Staff
/RA/
Mary C. Baty Counsel for NRC Staff Dated at Rockville, Maryland this 6th day of August, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ENTERGY NUCLEAR VERMONT YANKEE, ) Docket No. 50-271-LR LLC, 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 NRC STAFF ANSWER TO NEC MOTION TO FILE SUPPLEMENTAL AUTHORITY in the above-captioned proceeding have been served on the following by electronic mail with copies by deposit in the NRCs internal mail system or, as indicated by an asterisk, by electronic mail, with copies by U.S. mail, first class, this 6th day of August, 2007.
Alex S. Karlin, Chair Office of the Secretary Administrative Judge Attn: Rulemaking and Adjudications Staff Atomic Safety and Licensing Board Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ask2@nrc.gov E-mail: hearingdocket@nrc.gov Thomas S. Elleman* Sarah Hofmann, Esq.*
Administrative Judge Director of Public Advocacy Atomic Safety and Licensing Board Department of Public Service 5207 Creedmoor Road, #101 112 State Street - Drawer 20 Raleigh, NC 27612 Montpelier, VT 05620-2601 E-mail: elleman@eos.ncsu.edu E-mail: sarah.hofmann.state.vt.us Richard E. Wardwell Ronald A. Shems, Esq*
Administrative Judge Karen Tyler, Esq.
Atomic Safety and Licensing Board Shems Dunkiel Kassel & Saunders, PLLC U.S. Nuclear Regulatory Commission 91 College Street Washington, DC 20555-0001 Burlington, VT 05401 E-mail: rew@nrc.gov E-mail: rshems@sdkslaw.com Ktyler@sdkslaw.com Office of Commission Appellate Adjudication Marcia Carpentier, Esq.
Mail Stop: O-16C1 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: OCAAmail@nrc.gov Washington, DC 20555-0001 E-mail: mxc7@nrc.gov
Peter C.L. Roth, Esq.* Anthony Z. Roisman, Esq.*
Environmental Protection Bureau National Legal Scholars Law Firm Office of the Attorney General 84 East Thetford Rd.
33 Capitol Street Lyme, NH 03768 Concord, New Hampshire 03301 E-mail:
E-mail: peter.roth@doj.nh.gov aroisman@nationallegalscholars.com 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.co
/RA/
Mary C. Baty Counsel for the NRC Staff
